HomeMy WebLinkAboutReel 1248 (2/23/1989 - 7/22/91)OPERATION REPORT
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OPERATION REPORT
INII)JCI'ION
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 26, 1990, and Friday, February 2, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that
Council approve the request, advising that the proposed rezoning will
encourage revitalization of the 11th Street commercial district by per-
mitting the majority of existing non-conforming commercial establish-
ments to expand and encouraging a wider variety of commercial
establishments to locate in the area; and noting the need to continue
to study the area in order to determine if additional amendments are
in order, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29964) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 211, 212 and 222, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the
City.
(For full text of Ordinance, see Ordinance Book No. 51, page 551.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29964 was adopted on its first reading by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None .......
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to one request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council.
24
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (Al (1), Code of Virginia (1950),
as amended, was before the body. ~
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (Al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ................ 7.
NAYS: None ............... O.
BUDGET-SCHOOLS: A communication from Council Member David A.
Bowers with regard to a request of the Roanoke City School Board for
appropriation of an additional $2.1 million to the school budget, was
before Council.
Mr. Bowers advised that since the Superintendent of Schools and
the School Board had requested a $2.1 million increase over the
expected budget, notwithstannding a $3.0 million increase already
allotted, the proposal for $2.1 million additional taxpayers' money "by
request" should be submitted to the budget study session of the
upcoming Council in late April; and the request for an additional $2.1
million is, in his estimation, at least an additional 21 cents on the
property tax rate, thus increasing the rate from $1.25 to at least
$1.46 per hundred dollars of assessed value.
Mr. Bowers further advised that the School Superintendent and the
School Board must adhere to budgetary restraints; that the citizens
need a City government that is willing to live within its means, and
Council needs to come to the realization that the taxpayers' pockets
are not limitless; that "tax and spend" policies must sometime yield to
prudence; and if the schools request additional tax money, they should
know of the cost of raising it.
Mr. Bowers requested that his letter be referred to 1990-91 budget
study for consideration by Council.
(For full text, see communication on file in the City Clerk's Office.)
In clarification, Mr. Bowers referred to a con~nunication under
date of March 9, 1990, advising of a miscalculation of his arithmetic.
He stated that $2.1 million increase should equate to approximately
$.11 on the real estate property tax rate given the understanding that
a $.01 increase in the rate would equal about $200,000.00. He further
stated that the impact of a $.11 increase up to $1.36 per $100.00 of
assessed value would still be an overly extravagant request.
25
ACTION:
ACTION:
Mr. Trout moved that the communications be referred to 1990-91
budget study. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...................................... 7.
NAYS: None ......
BINGO OPERATIONS: A communication from Council Member David A.
Bowers with regard to alleged abuses in certain bingo operations being
conducted in the City of Roanoke, was before Council.
Mr. Bowers advised that the Commonwealth of Virginia authorized
bingo by certain eleemosynary organizations such as the American
Legion, church groups, the SPCA, etc; that public officials of the City
have an obligation to assure that persons playing and enjoying bingo
will know that their funds are being transmitted to a charitable cause;
and the issues raised in the article printed in a local newspaper
warrant a probe by the Municipal Auditor regarding the City's
compliance with State law, and proper procedures for licensing and
collecting funds.
Accordingly, as Chairman of the Audit Committee, Mr. Bowers asked
that the matter be referred to the Municipal Auditor for review,
investigation and recommendation as soon as possible.
In clarification, Mr. Bowers advised that he is a volunteer worker
for the Knights of Columbus Bingo at St. Elias Hall, and a registered
member of St. Andrews Church, whose name has been associated
(apparently illegally and in an unauthorized way), with at least one
bingo operation. He requested that the City Attorney advise him, in
writing, whether his involvement with the Knights of Columbus or St.
Andrews renders a potential conflict of interest for him to participate
in any further action on the matter, and if so, he would be willing to
appoint a special subcommittee of the Audit Committee to handle any
further investigation and decisionmaking, and he would take no further
action.
(For full text, see com~nunication on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the Municipal
Auditor and the City Attorney for review, investigation and recommen-
dation to Council as soon as possible. The motion was seconded by Mr.
Bowers and adopted ~' the foll¢,~ing vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor-- 7.
NAYS: None--- O.
ACTION:
A report of the City Attorney with regard to the State and Local
Government Conflict of Interest Act, advising that the Commonwealth's
Attorney is responsible for the enforcement of provisions of the State
and Local Government Conflict of Interests Act, as well as the prose-
cution of any violations relating to City officers or employees; and
the Commonwealth's Attorney is also charged with the responsibility of
rendering advisory opinions as to whether the facts of a particular
case would constitute a violation of the Act, was also before Council.
It was explained that given the broad definition of "transaction"
set out in §2.1-639.2, of the Code of Virginia, that review by the
Audit Committee of compliance of various organizations with the City's
bingo ordinances and the supervision of an audit to be conducted by the
Municipal Auditor would constitute a "transaction" as such term is
defined by the Act; that Mr. Bowers does not, however, have ownership
in any organization, annual income or salary from any organization or
personal liability on behalf of any organization which would be the
subject of the Audit Committee's action nor does he have ownership of
any real or personal property which would be the subject of the Audit
Committee's action; that Council Member Bowers does not represent any
individual or business which is the subject of Audit Committee review
nor will he realize a reasonable foreseeable direct or indirect benefit
or detriment as a result of the Audit Committee's actions; that Mr.
Bowers does not have a "personal interest in a transaction" with
respect to the actions recommended to the Audit Co.m~..ittee; and if the
focus of any review, investigation or audit conducted by or on behalf
of the Audit Committee should become any organization of which Mr.
Bowers is a member, he may want to withdraw and refrain from par-
ticipation in such transaction regardless of whether permitted under
the State and Local Government Conflict of Interest Act.
{For full text, see report on file in the City Clerk's Office.)
ANNUAL REPORTS-ARCHITECTURAL REVIEW BOARD: A CO~l~nunication from
Mr. W. L. Whitwell, Chairman, Architectural Review Board, transmitting
an Annual Report for the year 1989, was before Council.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. Trout moved that the Annual Report be received and filed, with
appreciation. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayer Taylor .... 7.
NAYS: None ........
ANNUAL REPORTS-OFFICE ON YOUTH: A communication from Mr. Ulas N.
Broady, Chairman, Youth Services Citizen Board, transmitting an Annual
Report for 1988-89 and an Annual Plan for program year 1989-90, was
before Council.
(For full text, see Annual Report and AnnuJl Plan on file in the City
Clerk's Office.)
37
ACTION:
Mr. Trout moved that the Annual Report and Plan be received and
filed, with appreciation. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......................... 7.
NAYS: None ................... O.
m)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC )~TTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
Grant No. 6228 - $33,411.00 for the Eisenhower
Math/Science Title II Program to
provide for the development of
math and science curriculum
related to the middle school. The
Program will be reimbursed one
hundred percent by federal funds.
Grant No. 6959 - $8,011.00 for the 1988 Western
Virginia Regional Science Fair.
School districts will contribute
$6,411.00 toward the cost of the
fair, with a local match of
$1,600.00.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the Eisenhower
Math/Science Title II Program is one hundred percent federally funded;
that ~he Program is funded with contributions from school districts and
a local match of $1,600.00; that funding for the local match is
available in the Instructional Category of General Fund Education
Accounts, Account No. 001-060-6001-6311-0588 (Matching Funds); and
recommending that Council concur in the request of the School Board,
was also before the body.
(For full text, see report on file in the City Clerk's Office.)
38
ACTION:
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29965-31290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 547.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29965-31290.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .................... 7.
NAYS: None ....... O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM:
I'he City Manager submitted a written report advising that funds are
allocated annually for localities in Virginia to administer Adult
Literacy Programs through a bid process with the State, making funds
available to public schools and agencies; that Total Action Against
Poverty submitted an application to provide Adult Literacy training to
all eight jurisdictions within the Fifth Planning District; and the
Department of Education approved funding for Total Action Against
Poverty to serve Roanoke and Alleghany counties, as well as the cities
of Salem, Covington, and Clifton For~e; and three school divisions of
Roanoke City, Craig and Botetourt Counties, elected to serve their
own designated service areas.
It was further advised that the Consortium has been awarded addi-
tional funds for the Economic Dislocation and Workers Adjustment
Assistance Act under Title III, in the amount of $15,000.00, for the
period July 1, 1989, through June 30, 1990, to produce a customized
video tape to market the program to employers; and Job Training Part-
nership Act legislation allows the Governor's Employment and Training
Department, the primary funding source for the Consortium, to reward
Service Delivery Areas who meet or exceed their performance ~ta~,dards
under Title II-A for any given program year.
It was explained that funding for the Adult Literacy Project is
contingent upon the Consortium agreeing to receive, administer, and
contract funds to Total Action Against Poverty; that the Consortium has
received notification of the grant award from the State Department of
Education, in tile amount of $54,753.00, to administer an Adult Literacy
29
m
Project within certain jurisdictions of the Fifth Planning District;
that the Governor's Employment and Training Department has sent to the
Consortium a Notice of Award, Number E90-03-04, in the amount of
$15,000.00, for the Economic Dislocation and Workers Adjustment
Assistance Act; and the Governor's Employment and Training Department
has awarded the Consortium an incentive grant Notice of Award No.
90-03-02, in the amount of $60,944.00, for meeting and exceeding Fiscal
Year 1989 performance standards for Title II-A, as follows:
933 participants were served throughout the Fifth
Planning District.
631 or 68 percent of those served were Roanoke City
residents.
802 of the 933 participants were terminated from
the program, and 131 were carried into the new
program year.
498 participants or 62 percent of those terminated
were placed into jobs.
379 or 76 percent of those placed were Roanoke City
residents.
117 or 97 percent of all welfare recipients placed
were Roanoke City residents.
The average wage at placement was $4.76 per hour.
It was further explained that an adjustment of previously received
revenue under Title II-A between administrative and program revenues is
also required, in the amount of $12,013.00; that overall, revenue in
the program will remain the same; that the City of Roanoke is the grant
recipient for Consortium funding; and Council must appropriate the
funding for all grants that the Consortium receives.
The City Manager recommended that Council appropriate $130,697.00
of new Consortium funding and increase the revenue estimate by
$130,697.00 in accounts to be established by the Director of Finance;
increase the revenue estimate for Incentive Program revenue by
$12,013.00 and decrease Incentive Administrative revenue by $12,013.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29966-31290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Consortium Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 548.)
40
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29966-31290.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None ........ .0.
POLICE DEPARTMENT-GRANTS-EQUIPMENT: The City Manager submitted a
written report advising that on September 25, 1989, Council authorized
the filing of a grant application with the Department of Criminal
Justice Services which would provide for law enforcement communications
equipment thereby allowing th{. City to participate in a statewide
interdepartmental radio network; and on November 15, 1989, Grant
award/acceptance was received from the Department of Criminal Justice
Services.
It was further advised that on December 27, 1989, as required, an
appropriate Request for Funds was completed and sent to the State
requesting $75,547.00; and on January 17, 1990, a communication was
received notifying the City that the grant was subject to a two per
cent statewide reduction, reducing the original amount to $74,036.00.
The City Manager recommended that Council authorize acceptance,
on behalf of the City, of a Department of Criminal Justice Services
grant for Law Enforcement Communications Equipment, in the amount of
$74,036.00; appropriate the State grant amount of $74,036.00, with a
corresponding revenue estimate, and transfer $6,438.00 local cash match
from the General Fund Contingency Equipment Replacement, Account No.
001-002-9410-2202, to Police Department, Account No. 001-050-3113-9005,
to provide funds for acquisition of the communications equipment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29967-31290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 549.)
Mr. Garland moved the adoption of Ordinance No. 29967-31290. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........ 7.
NAYS: None .......
41
il
ACTION:
Mr. Garland offered the following Resolution:
(#29968-31290) A RESOLUTION authorizing the acceptance of a
Communication Systems Grant from the State Department of Criminal
Justice Services and authorizing the acceptance, execution and filing
of the appropriate grant documents.
{For full text of Resolution, see Resolution Book No. 51, page 550.)
Mr. Garland moved the adoption of Resolution No. 29968-31290. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .................... 7.
NAYS: None .................................
BUDGET-EQUIPMENT-SIGNALS AND ALARMS: The City Manager submitted a
written report concurring in a report of a bid committee recom~nending
that Council accept the lowest responsible bids to purchase one new
truck cab/chassis and transfer an existing body to said cab/chassis, as
follows:
One new truck cab/chassis from Magic City Motor
Corporation, in the total amount of $19,164.64,
including freight.
Transfer existing utility body, earth borer and
winch to cab/chassis, in the total amount of
$9,350.00.
Transfer $30,514.64 from General Fund Contingency
Equipment Replacement Account to Signals and
Alarms, Account No. 001-052-4160-9010, to provide
funds for the purchase of said new cab/chassis,
transfer of existing body and equipment and allow
for contingent cost associated with said body
transfer.
Reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following 6mergency budget Ordinance:
(#29969-31290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 550.)
42
ACTION:
ACTION:
Mr. Musser moved the adoption of Ordinance No. 29969-31290. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowles and Mayor Taylor ........ 6.
NAYS: None- O.
(Council Member Bowers abstained from voting.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29970-31290) AN ORDINANCE accepting bids for certain vehicular
equipment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 551.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29970-31290.
The motion was seconded by Mr. Garland and adopted hy the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowles and Mayor Taylor .......... 6.
NAYS: None ........... O.
(Council Member Bowers abstained from voting.)
CITY PROPERTY-INDUSTRIES: The City Manager submitted a written
report advising that the 140.427 acre Douthat Farm was purchased by the
City on October 10, 1989; that a previous request for rent of 115.0
acres of the Douthat Farm under certain terms and conditions is to be
considered by Council on March 12, 1990; and the Chairman of the Water
Resources Con~ittee has agreed that the request could be submitted
directly to Council as a companion report to the request to lease
grazing land.
It was further advised that the request to lease a house which is
located on the property until September 1, 1990, has been received from
Mr. Wade Douthat; and subsequent negotiations have resulted in the
following suggested provisions for both the house and cabin, with right
to sublease, located on the property recently purchased:
Lease to commence on April 1, 1990.
Lease fee to be $1,000.00 per month.
Lease to be on a month-to-month basis terminal at
the right of the City with 30 days written notice.
Mr. Douthat will pay for all utilities and main-
tenance of the dwellings,
42
ACTION:
Mr. Douthat will provide appropriate types and
levels of insurance, indemnify the City, its agents
and employees and allow reasonable access to the
house and the cabin.
Mr. Douthat may sublease the cabin, subject to the
above conditions with the form of sublease being
subject to approval by the City Attorney.
The City Manager recommended that Council authorize rental of the
house and cabin, pursuant to the above conditions, to Mr. Wade Douthat
by lease in a form subject to approval by the City Attorney.
{For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29971) AN ORDINANCE authorizing the lease of certain City-owned
property consisting of an existing house and cabin located in the
Roanoke Centre for Industry and Technology to Wade Douthat, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 552.)
Thu motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor-- 7.
NAYS: None .......... O.
REPORTS OF COMMITTEES:
INDUSTRIES-CITY PROPERTY: Council Member Elizabeth T. Bowles,
Chairman of the Water Resources Comittee, presented a written report
on behalf of the committee with regard to leasing 115.0 acres of the
Douthat Farm, to Mr. Wade Douthat, for agricultural purposes, which
property was recently acquired by the City.
A staff report advised that the 140.427 acre Douthat Farm was
purchased by the City on October 2, 1989, and is currently undergoing
engineering analysis and planning, a process which may take several
months to complete; and a request to lease 115.0 acres of the parcel
for agricultural purposes has been received from Mr. Douthat with the
following provisions:
The lease will commence on April 1, 1990.
The lease amount will be $20.00 per acre per year,
prorated so that monthly payments are made at the
beginning of each month commencing on April 1.
44
ACTION:
The lease will be on a month-to-month basis ter-
minal at the right of either party after 30 days
written notice to the other party.
At his sole expense, Mr. Douthat will maintain
fencing.
The 115 acres will be used exclusively for agri-
cultural purposes (grazing cattle and perhaps as a
hay field).
The City shall be granted unlimited access during
the term of occupany.
Mr. Oouthat will keep the vegetation on the pro-
perty to below 12 inches.
It was further advised that the fee offer, in the amount of $20.00
per acre per year, compares favorably to the 1987 ordinance estab-
lishing $12.00 per acre per year for rental of land for hay mowing at
the airport, and has also been verified by conversation with officials
of Virginia Tech Extension Service that conducted a survey which shows
the predominant fee to be in the $15.00 to $20.00 range per acre per
year for cattle grazing and hay mowing.
The Water Resources Committee recommended that Council authorize
the lease of 115.0 acres of the Douthat Farm to Mr. Wade Douthat, under
certain terms and conditions, with the petitioner to prepare the legal
documentation in a form subject to approval by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.}
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29972) AN ORDINANCE authorizing the lease of certain City-owned
property being a 115-acre parcel located in the Roanoke Centre for
Industry and Technology to Wade Douthat, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 553.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor-- -7.
NAYS: None ........
-0.
UNFINISHED BUSINESS: NONE.
m
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 26, 1990, and Friday, February 2, 1990.
(See publisher's affidavit on file in the City Clerk's OfFice.)
A report of the City Planning Commission recommending that
Council approve the request, advising that the proposed rezoning will
encourage revitalization of the 11th Street commercial district by per-
mitting the majority of existing non-conforming commercial establish-
ments to expand and encouraging a wider variety of commercial
establishments to locate in the area; and noting the need to continue
to study the area in order to determine if additional amendments are
in order, was before Council.
{For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
{#29964} AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke {1979), as amended, and Sheet Nos. 211, 212 and 222, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the
City.
{For full text of Ordinance, see Ordinance Book No. 51, page 551.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29964 was adopted on its first reading by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ............. 7.
NAYS: None ............ -0.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to one request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council.
m
24
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 {Al (1), Code of Virginia {1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
blr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (Al (1), Code of
Virginia {1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .................... 7.
NAYS: None .............
De
BUDGET-SCHOOLS: A co~unication from Council Member David A.
Bowers with regard to a request of the Roanoke City School Board for
appropriation of an additional $2.1 million to the school budget, was
before Council.
Mr. Bowers advised that since the Superintendent of Schools and
the School Board had requested a $2.1 million increase over the
expected budget, notwithstannding a $3.0 million increase already
allotted, the proposal for $2.1 million additional taxpayers' money "by
request" should be submitted to the budget study session of the
upcoming Council in late April; and the request for an additional $2.1
million is, in his estimation, at least an additional 21 cents on the
property tax rate, thus increasing the rate from $1.25 to at least
$1.46 per hundred dollars of assessed value.
Mr. Bowers further advised that the School Superintendent and the
School Board must adhere to budgetary restraints; that the citizens
need a City governmept that is willing to live within its means, and
Council needs to come to the realization that the taxpayers' pockets
are not limitless; that "tax and spend" policies must sometime yield to
prudence; and if the schools request additional tax money, they should
know of the cost of raising it.
Mr. Bowers requested that his letter be referred to 1990-91 budget
study for consideration by Council.
(For full text, see communication on file in the City Clerk's Office.)
In clarification, Mr. Bowers referred to a communication under
date of March 9, 1990, advising of a miscalculation of his arithmetic.
He stated that $2.1 million increase should equate to approximately
$.11 on the real estate property tax rate given the understanding that
a $.01 increase in the rate would equal about $200,000.00. He further
stated that the impact of a $.11 increase up to $1.36 per $100.00 of
assessed value would still be an overly extravagant request.
ACT ION:
ACTION:
Mr. Trout moved that the communications be referred to 1990-91
budget study. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Fitzpatrick,
Bowers, Bowles and Mayor Taylor-
NAYS: None-
Garland, Musser, Trout,
BINGO OPERATIONS: A communication from Council Member David A.
Bowers with regard to alleged abuses in certain bingo operations being
conducted in the City of Roanoke, was before Council.
Mr. Bowers advised that the Commonwealth of Virginia authorized
bingo by certain eleemosynary organizations such as the American
s the SPCA, etc; that public officials of the City
Legion, church ~oup ~ __~ rsons laying and enjoying bingo
have an obligation to ds~ure that pe P
will know that their funds are being transmitted to a charitable cause;
and the issues raised in the article printed in a local newspaper
warrant a probe by the Municipal Auditor regarding the City's
compliance with State law, and proper procedures for licensing and
collecting funds.
Accordingly, as Chairman of the Audit Committee, Mr. Bowers asked
that the matter be referred to the Municipal Auditor for review,
investigation and recommendation as soon as possible.
In clarification, Mr. Bowers advised that he is a volunteer worker
for the Knights of Columbus Bingo at St. Elias Hall, and a registered
has been associated
member of St. Andrews Church, whose name
(apparently illegally and in an unauthorized way), with at least one
bin9o operation. He requested that the City Attorney advise him, in
writing, whether his involvement with the Knights of Columbus or St.
Andrews renders a potential conflict of interest for him to participate
n further action on the matter, and if so, he would be willing to
in a y. · .... ~---~-~+tee of the Audit Committee ~o handle any
· t a s eclal bUUbV..,..~ '
appo~n . P i ation and decisionmaking, and he would take no further
further ~nvest g
action.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the Municipal
Auditor and the City Attorney for review, investigation and recommen-
dation to Council as soon as possible. The motion was seconded by Mr.
Bowers and adopted by the following vote:
AYES: Council Membe~.s Fitzpatrick,
Bowers, Bowles and Mayor Taylor-
NAYS: None-
Garland, Musser, Trout,
26
ACTION:
A report of the City Attorney with regard to the State and Local
Government Conflict of Interest Act, advising that the Commonwealth's
Attorney is responsible for the enforcement of provisions of the State
and Local Government Conflict of Interests Act, as well as the prose-
cution of any violations relating to City officers or employees; and
the Commonwealth's Attorney is also charged with the responsibility of
rendering advisory opinions as to whether the facts of a particular
case would constitute a violation of the Act, was also before Council.
It was explained that given the broad definition of "transaction"
set out in §2.1-639.2, of the Code of Virginia, that review by the
Audit Committee of compliance of various organizations with the City's
bingo ordinances and the supervision of an audit to be conducted by the
Municipal Auditor would constitute a "transaction" as such term is
defined by the Act; that Mr. Bowers does not, however, have ownership
in any organization, annual income or salary from any organization or
personal liability on behalf of any organization which would be the
subject of the Audit Committee's action nor does he have ownership of
any real or personal property which would be the subject of the Audit
Committee's action; that Council Member Bowers does not represent any
individual or business which is the subject of Audit Committee review
nor will he realize a reasonable foreseeable direct or indirect benefit
or detriment as a result of the Audit Committee's actions; that Mr.
Bowers does not have a "personal interest in a transaction" with
respect to the actions recommended to the Audit Committee; and if the
focus of any review, investigation or audit conducted by or on behalf
of the Audit Committee should become any organization of which Mr.
Bowers is a member, he may want to withdraw and refrain from par-
ticipation in such transaction regardless of whether permitted under
the State and Local Government Confl|ct of Interest Act.
(For full text, see report on file in the City Clerk's Office.)
ANNUAL REPORTS-ARCHITECTURAL REVIEW BOARD: A communication from
Mr. W. L. Whitwell, Chairman, Architectural Review Board, transmitting
an Annual Report for the year 1989, was before Council.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. Trout moved that the Annual Report be received and filed, with
appreciation. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........ 7.
NAYS: None .......
ANNUAL REPORTS-OFFICE ON YOUTH: A communication from Mr. Ulas N.
Broady, Chairman, Youth Services Citizen Board, transmitting an Annual
Report for 1988-89 and an Annual Plan for program year 1989-90, was
before Council.
(For full text, see Annual Report and AnnuJl Plan on file in the City
Clerk's Office.)
27
ACTION:
Mr. Trout moved that the Annual Report and Plan be received and
filed, with appreciation. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ............ 7.
NAYS: None-- O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
Grant No. 6228 - $33,411.00 for the Eisenhower
Math/Science Title II Program to
provide for the development of
math and science curriculum
related to the middle school. The
Program will be reimbursed one
hundred percent by federal funds.
Grant No. 6959 - $8,011.00 for the 1988 Western
Virginia Regional Science Fair.
School districts will contribute
$6,411.00 toward the cost of the
fair, with a local match of
$1,600.00.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the Eisenhower
Math/Science Title II Program is one hundred percent federally funded;
that the Program is funded with contributions from school districts and
a local match of $1,600.00; that funding for the local match is
available in the Instructional Category of General Fund Education
Accounts, Account No. 001-060-6001-6311-0588 (Matching Funds); and
recommending that Council concur in the request of the School Board,
was also before the body.
(For full text, see report on file in the City Clerk's Office.)
28
ACTION:
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29965-31290) Afl ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 547.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29965-31290.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None .......... O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM:
The City Manager submitted a written report advising that funds are
allocated annually for localities in Virginia to administer Adult
Literacy Programs through a bid process with the State, making funds
available to public schools and agencies; that Total Action Against
Poverty submitted an application to provide Adult Literacy training to
all eight jurisdictions within the Fifth Planning District; and the
Department of Education approved funding for Total Action Against
Poverty to serve Roanoke and Alleghany counties, as well as the cities
of Salem, Covington, and Clifton Forge; and three school divisions of
Roanoke City, Craig and Botetourt Counties, elected to serve their
own designated service areas.
It was further advised that the Consortium has been awarded addi-
tional funds for the Economic Dislocation and Workers Adjustment
Assistance Act under Title III, in the amount of $15,000.00, for the
period July 1, 1989, through June 30, 1990, to produce a customized
video tape to market the program to employers; and Job Training Part-
nership Act legislation allows the Governor's Employment and Training
Department, the primary funding source for the Consortium, to reward
Service Delivery Areas who meet or exceed their performance standards
under Title II-A for any given program year.
It was explained tha~ funding for the Adult Literacy Project is
co)ltingent upon the Consortium agreeing to receive, administer, and
contract funds to Total Action Against Poverty; that the Consortium has
received notification of the grant award from the State Department of
Education, in the amount of $54,753.00, to administer an Adult Literacy
L!
· · · · of the Fifth Planning District;
that the Gover~p[~m~P~°Y~rd, Number E90-UJ 04, ,n ~,. m
Consortium a No~cu v. - ~ -
5 000 OD, for the Economic ~islocation and Workers Adjustment
Em loyment and Training Department
~1 ~ L L__ ~ · and the Governor s ~ ...... -t Notice of Awa[d
ASSlS~a~c~ nut,_ ~n~fium an incen~lw ~-qq -- -~oa(nn tiscam
has awaroed ~u C°n~'Z~-¢60 944.00, for meeting a,u :^~ ....
90-03-02. in the amoun~ o~ ~ ,
Year 195~ performance standards for Title II-A, as follows:
933 participants were served throughout the Fifth
Planning District.
631 or 68 percent of those served were Roanoke City
residents.
802 of the 933 participants were terminated from
the program, and 131 were carried into the new
program year.
498 participants or 62 percent of those terminated
were placed into jobs.
379 or 76 percent of those placed were Roanoke City
residents.
117 or 97 percent of all welfare recipients placed
were Roanoke City residents-
The average wage at placement was $4.76 per hour.
It was further explained that an adjustment of previously received
revenue under Title II-A between administrative and program revenues is
also required, in the amount of $12,013.00; that overall, revenue in
the program will remain the same; that the City of Roanoke is the grant
recipient for Consortium funding; and Council must appropriate the
funding for all grants that the Consortium receives.
that Council appropriate $130,697.00
The City Manage[ r?r_~m~ne~df~ increase the revenu?
of new ConsortlU~..~°~Wbe°~stablished by the ~irec~r
$130,697.00 in accou,u~ --~te for Incentive vrogra~ ~,~ mi3.00'
increase the revenue Y>~'"~-- ~nistrative revenue ~Y
~2,013.00 and decrease tncent~vu -~ ....
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29966-31290) AN ORDINANCE to amend and reordain certain sec-
tions of the 19B9-90 Consortium Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 548.)
40
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29966-31290.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...................................... 7.
NAYS: None ...........
-0.
POLICE DEPARTMENT-GRANTS-EQUIPMENT: The City Manager submitted a
written report advising that cn September 25, 1989, Council authorized
the filing of a grant application with the Department of Criminal
Justice Services which would provide for law enforcement communications
equipment thereby allowing the City to participate in a statewide
interdepartmental radio network; and on November 15, 1989, Grant
award/acceptance was received from the Department of Criminal Justice
Services.
It was further advised that on December 27, 1989, as required, an
appropriate Request for Funds was completed and sent to the State
requesting $75,547.00; and on January 17, 1990, a communication was
received notifying the City that the grant was subject to a two per
cent statewide reduction, reducing the original amount to $74,036.00.
The City Manager recommended that Council authorize acceptance,
on behalf of the City, of a Department of Criminal Justice Services
grant for Law Enforcement Communications Equipment, in the amount of
$74,036.00; appropriate the State grant amount of $74,036.00, with a
corresponding revenue estimate, and transfer $6,438.00 local cash match
from the General Fund Contingency Equipment Replacement, Account No.
001-002-9410-2202, to Police Department, Account No. 001-050-3113-9005,
to provide funds for acquisition of the communications equipment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29967-31290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 549.)
Mr. Garland moved the adoption of Ordinance No. 29967-31290. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ....... --7.
NAYS: None ........ .0.
ACTION:
Mr. Garland offered the following Resolution:
(#29968-31290) A RESOLUTION .uthorizing the acceptance of a
Communication Systems Grant from the State Department of Criminal
Justice Services and authorizing the acceptance, execution and filing
of the appropriate grant documents.
(For full text of Resolution, see Resolution Book No. 51, page 550.)
Mr. Garland moved the adoption of Resolution No. 29968-31290. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor--- 7.
NAYS: None ...........
-0.
BUDGET-EQUIPMENT-SIGNALS AND ALARMS: The City Manager submitted a
written report concurring in a report of a bid committee recommending
that Council accept the lowest responsible bids to purchase one new
truck cab/chassis and transfer an existing body to said cab/chassis, as
follows:
One new truck cab/chassis from Magic City Motor
Corporation, in the total amount of $19,164.64,
including freight.
Transfer existing utility body, earth borer and
winch to cab/chassis, in the total amount of
$9,350.00.
Transfer $30,514.64 from General Fund Contingency
Equipment Replacement Account to Signals and
Alarms, Account No. 001-052-4160-9010, to provide
funds for the purchase of said new cab/chassis,
transfer of existing body and equipment and allow
for contingent cost associated with said body
transfer.
Reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency h,~d§et Ordinance:
(#29969-31290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 550.)
41
42
ACTION:
ACTION:
Mr. Musser moved the adoption of Ordinance No. 29969-31290. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowles and Mayor Taylor .......... 6.
NAYS: None ....... O.
(Council Member Bowers abstained from voting.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29970-31290) AN ORDINANCE accepting bids for certain vehicular
equipment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 551.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29970-31290.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowles and Mayor Taylor ....... 6.
NAYS: None ........
(Council Member Bowers abstained from voting.)
CITY PROPERTY-INDUSTRIES: The City Manager submitted a written
report advising that the 140.427 acre Douthat Farm was purchased by the
City on October 10, 1989; that a previous request for rent of 115.0
acres of the Douthat Farm under certain terms and conditions is to be
considered by Council on March 12, 1990; and the Chairman of the Water
Resources Committee has agreed that the request could be submitted
directly to Council as a companion report to the request to lease
grazing land.
It was further advised that the request to lease a house which is
located on the property until September 1, 1990, has been received from
Mr. Wade Douthat; and subsequent negotiations have resulted in the
following suggested provisions for both the house and cabin, with right
to sublease, located on the property recently purchased:
Lease to commence on April 1, 1990.
Lease fee to be $1,000.00 per month.
Lease to be on a month-to-month basis terminal at
the right of the City with 30 days written ~tice.
Mr. Douthat will pay for all utilities and main-
tenance of the dwellings.
43
m
m
ACTION:
Mr. Douthat will provide appropriate types and
levels of insurance, indemnify the City, its agents
and employees and allow reasonable access to the
house and the cabin.
Mr. Douthat may sublease the cabin, subject to the
above conditions with the form of sublease being
subject to approval by the City Attorney.
The City Manager recommended that Council authorize rental of the
house and cabin, pursuant to the above conditions, to Mr. Wade Douthat
by lease in a form subject to approval by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29971) AN ORDINANCE authorizing the lease of certain City-owned
property consisting of an existing house and cabin located in the
Roanoke Centre for Industry and Technology to Wade Douthat, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 552.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ............ 7.
NAYS: None ......... O.
REPORTS OF COMMITTEES:
INDUSTRIES-CITY PROPERTY: Council Member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee with regard to leasing 115.0 acres of the
Douthat Farm, to Mr. Wade Douthat, for agricultural purposes, which
property was recently acquired by the City.
A staff report advised that the 140.427 acre Douthat Farm was
purchased by the City on October 2, 1989, and is currently undergoing
engineering analysis and planning, a process which may take several
months to complete; and a request to lea~e 115.0 acres of the parcel
for agricultural purposes has been received from Mr. Douthat with the
following provisions:
The lease will cormnence on April 1, 1990.
The lease amount will be $20.00 per acre per year,
prorated so that monthly payments are made at the
beginning of each month commencing on April 1.
ACTION:
The lease will be on a month-to-month basis ter-
minal at the right of either party after 30 days
written notice to the other party.
At his sole expense, Mr. Douthat will maintain
fencing.
The 115 acres will be used exclusively for agri-
cultural purposes (grazing cattle and perhaps as a
hay field).
The City shall be granted unlimited access during
the term of occupany.
Mr. Douthat will keep the vegetation on the pro-
perty to below 12 inches.
It was further advised that the fee offer, in the amount of $20.00
per acre per year, compares favorably to the 1987 ordinance estab-
lishing $12.00 per acre per year for rental of land for hay mowing at
the airport, and has also been verified by conversation with officials
of Virginia Tech Extension Service that conducted a survey which shows
the predominant fee to be in the $15.00 to $20.00 range per acre per
year for cattle grazing and hay mowing.
The Water Resources Committee recommended that Council authorize
the lease of 115.0 acres of the Douthat Farm to Mr. Wade Oouthat, under
certain terms and conditions, with the petitioner to prepare the legal
documentation in a form subject to approval by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29972) AN ORDINANCE authorizing the lease of certain City-owned
property being a 115-acre parcel located in the Roanoke Centre for
Industry and Technology to Wade Douthat, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 553.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick,
Bowers, Bowles and Mayor Taylor--
Garland, Musser, Trout,
7.
NAYS: None-
.0.
UNFINISHED BUSINESS: NONE.
45
ACTION:
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
BUDGET-EQUIPMENT-MANAGEMENT INFORMATION SERVICES: Ordinance No.
29956-31290 amending and reordaining certain sections of the 1989-90
Internal Service Fund Appropriations, providing for the appropriation
of $12,898.00 from Retained Earnings - Unrestricted to Management
Services, Capital Outlay, to provide funds for the purchase of one new
seven passenger mini van, having previously been before the Council for
its first reading on Monday, March 5, 1990, read and adopted on its
first reading and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final adoption:
(#29956-31290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 545.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29956-31290.
The motion was seconded by Mr. Trout,and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowles and Mayor Taylor- 6.
NAYS: None--- O.
(Council Member Bowers abstained from voting.)
EQUIPMENT-MANAGEMENT INFORMATION SERVICES: Ordinance No. 29957-
31290 accepting the bid of Pomoco Ford, Inc., for one new seven
passenger mini van, in the total amount of $12,898.00, for use by
Management Information Services, having previously been before the
Council for its first reading on Monday, March 5, 1990, read and
adopted on its first reading and laid over, was again before the body,
Mr. Fitzpatrick offering the following for its second reading and final
adoption:
(#29957-31290) AN ORDINANCE providing for the purchase of one new
seven passenger mini van, upon certain terms and conditions, by
accepting a bid made to the City for furnishing and delivering such
vehicle; and rejecting other bids made to the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 546.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29957-31290.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowles and Mayor Taylor-- .6.
NAYS: None--- O.
(Council Member Bowers abstained from voting.)
46
ACTION:
ACTION:
EASEMENTS-SPECIAL PERMITS-UTILITIES: Ordinance No. 29962-31290
authorizin9 the relocation of a portion of a certain public utility
easement serving Crossroads Consumer Mall as requested by Zane May
Operating Partners L. P., and authorizing the proper City officials to
accept, on behalf of the City, the dedication of a replacement public
utility line easement to permit construction of a McDonald's
Restaurant, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, March 5, 1990, read
and adopted on its first reading and laid over, was again before the
body, Mrs. Bowles offering the following for its second reading and
final adoption:
(#29962-31290) AN ORDINANCE authorizing the relocation of a por-
tion of a certain public utility easement serving Crossroa'~s Consumer
Mall, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 546.)
Mrs. Bowles moved the adoption of Ordinance No. 29962-31290. The
motion was seconded by Mr. Fitzpatrick and adopted by the followin9
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........................ 7.
flAYS: None- O.
CITY PROPERTY-PARKS AND PLAYGROUNDS: Ordinance No. 29963-31290
authorizing the renewal of a lease agreement between the City and the
Commonwealth of Virginia, Department of Conservation and Historic
Resources, providing for the lease of approximately 900 square feet of
office space and 1100 square feet of laboratory space in the Buena
Vista Recreation Center, said lease renewal term to be for a period of
one year with no lease fee, and to commence as of March 1, 1990, and
terminate on February 28, 1991, having previously been before the
Council for its first reading on Monday, March 5, 1990, read and
adopted on its first reading and laid over, was again before the body,
Mr. Fitzpatrick offering the following for its second reading and final
adoption:
(#29963-31290) AN ORDINANCE authorizing the renewal of a lease
agreement between the City and the Commonwealth of Virginia, Department
of Conservation and Historic Resources, of certain space in the Buena
Vista Recreation Center, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 547.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29963-31290.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ....... 7.
NAYS: None ........ O.
47
ACTION:
ACTION:
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 8:10 p.m., the Mayor declared the meeting in recess.
At 8:40 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Fitzpatrick moved with respect to the Executive
Session just concluded, that each Member of City Council certify to the
best of his or her knowledge that: (1) only public business matters
lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Executive Session was
convened were heard, discussed or considered by City Council. The
motion was seconded by Nr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor--- 7.
NAYS: None ........
Oe
CELEBRATIONS (SPECIAL EVENTS COMMITTEE): The Mayor advised that
there is a vacancy on the Special Events Committee created by the death
of Ms. Marionette Sprauve', for a term ending June 30, 1990, and called
for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Ms. Lin D. Chaff.
There being no further nominations, Ms. Lin D. Chaff was elected
as a member of the Special Events Committee to fill the unexpired term
of Ms. Marionette Sprauve', deceased, ending June 30, 1990, by the
following vote:
FOR MS. CHAFF: Council Members Fitzpatrick, Garland, Musser,
Trout, Bowers, Bowles and Mayor Taylor ........ 7.
FLOOD CONTROL/REDUCTION (FLOOD PLAIN COMMITTEE): The Mayor
advised that there is a vacancy on the Flood Plain Committee created by
the resignation of Mr. Charles F. Herberger for a term ending June 30,
1990, and called for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Mr. Samuel J.
Krisch, II.
There being no further nominations, Mr. Samuel J. Krisch, II, was
elected as a member of the Flood Plain Committee to fill the unexpired
term of Mr. Charles F. Herberger, resigned, ending June 30, 1990, by
the following vote:
48
ACTION: FOR MR. KRISCH: Council Members Fitzpatrick, Garland, Musser,
Trout, Bowers, Bowles and Mayor Taylor .......... 7.
AIRPORT: The Mayor advised that the three year term of Mr.
Joel M. Schlanger as a member of the Roanoke Regional Airport
Commission expired on March 9, 1990, and called for nominations to fill
the vacancy.
ACTION:
ACTION:
Mr. Trout placed in nomination the name of Mr. Joel M. Schlanger.
There being no further nominations, Mr. Joel M. Schlanger was
reelected as a member of the Roanoke Regional Airport Commission for a
term of four years ending March 9, 1994, by the following vote:
FOR MR. SCHLANGER: Council Members Fitzpatrick, Garland, Musser,
Trout, Bowers, Bowles and Mayor Taylor ....... --7.
Mr. Fitzpatrick moved that the City residency requirement be
waived in this instance. The motion was seconded by Mr. Musser and
unanimously adopted.
There being no further business, the Mayor declared the meeting
adjourned at 8:45 p.m.
A
ATTE ST: ~
City Clerk
APPROVED
REGULAR WEEKLY SESSION ROANOKE CITY. COUNCIL
March 19, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in tile
Council Chamber, fourth floor of the Municipal ,uilding, 215 Church Avenue,
S. W., Ci~v of Roanoke, on Monday, March 19, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of RoanOke
(1979), as amended.
PRESENT: Council Members Howard E. Musser (left the meeting at
3:15 p.m.), James O. Trout, David A. Bowers, Beverly T. Fitzpatrick, Jr.,
Robert A. Garland and Mayor Noel C. Taylor .................................... 7.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Clinton D. Scott,
President, Pentecostal Ministerial Alliance.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
AIRPORT-ACTS OF ACKNOWLEDGEMENT: The Mayor presented a framed
picture of the Roanoke Regional Airport Terminal to Mr. Lee Garrett,
former member of the Airport Commission representing Roanoke County, in
recognition and appreciation of his service as a member of the Commis-
sion.
SCHOOLS: The Mayor advised that on July 1, 1990, there would be
two vacancies on the Roanoke City School Board, said vacancies being
for terms of three years, each, ending June 30, 1993. He stated that
pursuant to Chapter 9, Education, Article II, Procedure for Election of
School Trustees, Section 9-19, Preliminary screening of candidates, on
or before MarCh 31, Council, as a Con~ittee o¢""'the Whole, shall at a
regular or special meeting, review and consider all candidates for the
position of school trustee; whereupon, the matter was before the body.
The Mayor further advised that as of March 12, 1990, at 5:00 p.m.,
which was the deadline for receipt of applications, the following per-
sons had applied for the two upcoming vacancies on the Roanoke City
School Board:
ACTXON:
Sallye T. Coleman
Charles W. Day
Emanuel C. Edwards
John T. Geary
David K. Lisk
Del vis O. McCadden
Lewis W. Peery
Finn D. Pincus
Denise A. Reedy
Mr. Trout moved that the matter be received and filed and that
Council select from the field of candidates those candidates to receive
the formal interview on Monday, March 26, 1990, at 2:00 p.m. The
motion was seconded by Mr. Bowers and adopted.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss a matter
pertaining to acquisition of real property for public purposes for the
Roanoke River Flood Reduction Project and specific legal matters
requiring the provision of legal advice by counsel, being the terms and
conditions of the Roanoke River Flood Reduction Project Local Coopera-
tive Agreement with the U. S. Government.
BUDGET: A report of the City Manager transmitting a proposed
schedule of activities for fiscal year 1990-91 budget study, was before
Council.
The City Manager advised that on February 23, 1990, a proposed
schedule for fiscal year 1990-91 Budget Study and Adoptio~ Process was
forwarded to Council; that Council was requested to review the proposed
schedule and advise the Assistant City Manager of potential conflicts;
that the Assistant City Manager received no adverse comments from
Council; and recommended that Council concur in the schedule of dates,
times, and activities which are essential to Council's review and ulti-
mate adoption of the fiscal year 1990-91 budget.
(For full text, see report and proposed schedule on file in the City
Clerk's Office.)
Council Member Bowers advised of a potential conflict with one of
the dates; whereupon, Mr. Trout moved that the budget study schedule be
approved, with the understanding that an adjustment may be necessary.
The motion was seconded by Mr. Garland and adopted by the following
vote:
51
m
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor-- 6.
NAYS: None- O.
(Council Member Bowles was absent.)
ZONING: A report of the City Manager with regard to a process
which was chosen to obtain a comprehensive and objective analysis of
the administration and enforcement of the City's Zoning Ordinance, was
before Council.
The City Manager advised that Council has previously referred to
him a request for information concerning administration and enforcement
of the City's Zoning Ordinance and certain other regulations which
impact on the quality of life in the conmlunity; and pointed out that
the purpose of the report is to advise Council of a process which has
been chosen to obtain a comprehensive and objective analysis of the
subject.
It was further advised that the City Administration has entered
into an agreement with The Institute For Public Management at Virginia
Polytechnic Institute and State University (VPI & Sd) to assess the
efficiency and effectiveness of the City's zoning administration,
enforcement, and development review procedures; that the comprehensive
review will cost approximately $9,850.00, with a completion date of
April 15, 199D; that funds are available for said expenditure in the
fiscal year 1989-90 budget; and the project has the following five
objectives:
Analyze the existing administrative structures and
responsibilities of those departments (Building,
Planning, Engineering) associated with the City's
development review, approval and enforcement pro-
cess, evaluate their effectiveness, and make recom-
mendations for improvements where needed.
Examine the current relationship between the City
review staff and the City's development review
boards and commissions, evaluate the effectiveness
of that relationship and make recommendations where
needed.
Assess current development review, approval and
enforcement procedures and make recon~nendations
which could improve levels of effectiveness where
problems exist.
Review the existing zoning ordinance and the means
of disseminating information related to pending
development proposals and make recommendations on
strategies for improving awareness and understand-
ing of ordinances by neighborhood groups, develo-
pers and City officials.
52
ACTION:
ACTION:
Analyze the current administrative structure and
responsibilities of the planning office and make
recommendations to improve the organization and
provision of basic planning needs within the City's
administrative structure.
It was explained that the process will include interviews with
City staff and members of boards and commissions involved in the deve-
lopment process, representatives of neighborhood groups, and a repre-
sentative from the development community; that the review as outlined
will be comprehensive and objective; and the final report will assist
in whatever actions may be needed to enhance services to the community.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ....... 6.
NAYS: None .......
(Council Member Bowles was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter pertaining to acquisition of real property
for public purposes for the Roanoke River Flood Reduction Project and
specific legal matters requiring the provision of legal advice by coun-
sel, being the terms and conditions of the Roanoke River Flood
Reduction Project Local Cooperative Agreement with the U. S.
Government, pursuant to Section 2.1-344 (A) (7), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter pertaining
to acquisition of real property for public purposes for the Roanoke
River Flood Reduction Project and specific legal matters requiring the
provision of legal advice by counsel, being the terms and conditions of
the Roanoke River Flood Reduction Project Local Cooperative Agreement
with the U. S. Government, pursuant to Section 2.1-344 (A) (7), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........ -6.
NAYS: None .......
O.
(Council Member Bowles was absent.)
m
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC btATTERS:
PLANNING: Mr. Michael M. Waldvogel, Chairman, City Planning
Commission, presented the 1989 Annual Report of the Planning Commis-
sion.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. Trout moved that the Annual Report be received and filed, with
appreciation. The motion was seconded by Mr. Fitzpatrick and adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
HOUSING-GRANTS: The City Manager submitted a written report
advising that an application to the Virginia Department of Housing and
Community Development for the Single Family Rehabilitation and Energy
Conservation Loan Program was approved by Council on December 19, 1988;
that execution of an administrative agreement with the Virginia
Department of Housing and Community Development was authorized by
Council on March 27, 1989, for a S300,000.00 allocation under the
Single-Family Rehabilitation and Energy Conservation Loan Program; that
$220,000.00 of the State's Single Family Rehabilitation and Energy
Conservation Loan Program allocation is to be used in conjunction with
the Home Purchase Assistance Program; and funds provided fron the
State's Program will be loaned for the rehabilitation of substandard
houses that are purchased through the Home Purchase Assistance Program,
up to $20,000.00 per house.
It was further advised that $240,000.00 in Community Development
Block Grant funds, comprising a two year cumulative appropriation, was
allocated by Council to this initiative on June 26, 1989, allowing the
City to provide loans to low-moderate income households agreeing to buy
approximately 18 - 20 certain identified substandard houses through the
Home Purchase Assistance Program, which will be administered jointly by
the City and the Roanoke Redevelopment and Housing Authority as
outlined in the City's current contract for services with the Housing
Authority; and Council approved initial targeting of the Home Purchase
Assistance Program in Conservation Areas and Rehabilitation Districts
within the City's southeast quadrant on December 4, 1989.
54
ACTION:
It was explained that real estate options were selected as the
best way to allow the City to implement the Home Purchase Assistance
Program, which define the property owner's and the City's respon-
sibilities under said Program, establish a purchase price for the pro-
perty, allow the City to access and market the property for sale to
qualifying low and moderate income purchasers in the Program through
assignment of the real estate option, which provides for a direct sale
of the property from the current owner to the purchaser selected
through the Program; that the City will not exercise any option and
will not actually purchase any property in the Program; and should the
City be unable to find a buyer for the property, the real estate option
would be allowed to expire.
It was further explained that two real estate options have been
executed by individual property owners of vacant single-family homes
located in the initial target area; and an option, in the amount of
$12,000.00, has been offered for property located at 1502 Tazewell
Avenue, S. E., in the Fallon Park Rehabilitation District and another
option, in the amount of $19,400.00, has been offered for property
located at 1433 Gladstone Avenue, S. E., in the Kenwood Rehabilitation
District.
The City Manager recommended that he be authorized to execute real
estate options for properties located at 1502 Tazewell Avenue, S. E.,
and 1433 Gladstone Avenue, S. E., subject to approval by the City
Attorney, with individual property owners of houses selected for the
Home Purchase Assistance Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
1#29973-31990) AN ORDINANCE authorizing certain real estate
options to be entered into in connection with the Home Purchase
Assistance Program, and providing for an emergency.
~For full text of Ordinance, see Ordinance Book No. 51, page 553.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29973-31990.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, ~arland
and Mayor Taylor ........ -6.
NAYS: None ........ O.
(Council Member Bowles was absent.)
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that Council was notified by report dated
November 13, 1989, of a large underground cavity e~countered at the
intersection of Broad Street and Richland Avenue, N. W., during con-
struction of the Williamson Road Storm Drain Project, Phase 2, Contract
m
I-F, by Aaron J. Conner, General Contractor, Inc.; and the contractor
was instructed to proceed with the necessa~ corrections and repairs to
secure a proper foundation for the intersection and the existing utili-
ties contained within the intersection.
It was further advised that estimated cost for said work could not
be clearly defined until the area was excavated and the extent of the
cavity and damage to existing utilities was more clearly defined; and
the necessary repairs were more extensive than originally estimated due
to the following factors:
Cavity was discovered to be unpredictably larger
and deeper as excavation proceeded.
Existing underground utilities within the intersec-
tion had lost their foundation support and were
settling and beginning to breakup or rupture. This
included sewer lines, manhole structures, storm
drain lines, and a major waterline.
Utilities could not be relocated and could only be
stabilized by a network of steel piling driven to
solid rock.
A solid foundation for the utilities was thereby
achieved and the remaining cavity was backfilled
with suitable material.
It was explained that the contractor has completed the repair work
at a final total cost in the amount of $84,868.48; and an adjustment to
the contract amount for Williamson Road Storm Drain, Phase 2, Contract
I-F, needs to be made in the form of a properly executed change order
in order to reflect the repairs and to pay the contractor for the extra
work performed.
The City Manager recommended that Council authorize execution of
Change Order No. 2 for Williamson Road Storm Drain, Phase 2, Contract
I-F, in order to increase the current contract amount of $843,947.43 by
$84,868.48, and establish a new contract amount of $928,815.91; and
authorize the Director of Finance to transfer from Williamson Road
Storm Drain, Phase 2, Contract I-G, Contingency Account No. 008-052-
9639-9003, the sum of $84,868.48 to Williamson Road Storm Drain,
Phase 2, Contract I-F, Account No. 008-052-9635-9065.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29974-31990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 554.)
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29974-31990.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .............. 6.
NAYS: None .............. O.
(Council Member Bowles was absent.)
Mr. Fitzpatrick offered the followin.2 emergency Ordinance:
(#29975-31990) AN ORDINANCE approving the City Manager's issuance
of Change Order No. 2 to the City's contract with Aaron J. Conner,
General Contractor, Inc., for the Williamson Road Storm Drain Project,
Phase II, Contract I-F; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 554.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29975-31990.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ................ 6.
NAYS: None ..................................................... O.
(Council Member Bowles was absent.)
STATE HIGHWAYS-HENRY STREET REVITALIZATION: The City Manager sub-
mitted a written report advising that on April 13, 1987, Council
requested the Virginia Department of Transportation to program projects
for roadway widening and realignment to include the following:
Wells Avenue, N. W., from Williamson Road to First
Street, N. W.
First Street/Gainsboro Road from Madison Avenue,
N. W., to Salem Avenue, S. W., and Intersection of
Orange Avenue and Gainsboro Road.
It was further advised that the redevelopment of the Henry Street
area and improved access to downtown Roanoke required that a more expe-
ditious method be found to proceed with improvements on First Street/
Gainsboro Road and Wells Avenue; that on July 27, 1987, Council
authorized agreements with the Transportation Department by which the
City will assume responsibility for administering all aspects of the
b!
First Street/Gainsboro Road and Wells Avenue projects; that the preli-
minary engineering phase would be generally handled on the normal 95
percent-Virginia Department of Transportation and five percent-City
cost-sharing basis; and on December 21, 1987, Council awarded an engi-
neering services reimbursement, with a cost ceiling contract to Mattern
& Craig, Consulting Engineers, in an amount not to exceed $1,002,342.24
and appropriated $50,117.00 for payment of invoices from the Transpor-
tation Department for the City's five percent share of the contract.
It was explained that scope of work to be performed by Mattern &
Craig consists of preparation of complete surveys, right-of-way and
construction plans and plats, utilities, signs, signals, pavement
markings, lighting and landscaping plans, structures, traffic data,
environmental assessment, geological borings and testing, construction
administration, and inspection of construction; that Amendment No. I to
the contract, dated December 12, 1988, decreased the cost ceiling by
$21,586.23 to $980,756.01, which did not involve any change in the
scope of the work, but reflected disallowed project costs as determined
in an audit by the Virginia Department of Transportation's Fiscal
Division; that the RTKL study results for the Downtown North Develop-
ment Plan, released at a May 11, 1989, press conference, included a
recommendation to construct a four-lane Second Street Bridge instead of
a four-lane First Street Bridge; that the Second Street Corridor pro-
vides a clearer and more well-defined west circumferential route than
First Street; and the study also suggested realigning Wells Avenue such
that it will connect with Gilmer Avenue to provide better overall
accessibility, and existing Gilmer Avenue continues to the west to
major north-south crossings such as 5th Street and loth Street, while
Wells Avenue currently ends west of First Street.
It was further explained that Amendment No. 2 to the contract,
approved by Council on June 12, 1989, pursuant to Ordinance No. 29611,
provided an increase of up to $481,405.09, for a total not to exceed
$1,462,161.10, with the understanding that the cost ceiling was subject
to change based upon subsequent refinement and review from the State
Transportation Department; that the new figure was changed to
$391,158.46, for a new total not to exceed $1,371,914.47; that funds
for increased State share were not appropriated at that time, awaiting
review from the State Transportation Department; and the additional fee
reflects the service for additional survey and design efforts to deve-
lop plans for the project beginning in the vicinity of Salem Avenue and
Second Street, S. W., instead of Salem Avenue and First Street, S. W.,
and connecting First Street, N. W., in the vicinity of Gilmer Avenue,
which does not include services for design plans to raise one span of
the First Street Bridge which was originally included in Amendment
No. 2.
The City Manager pointed out that total costs invoiced by
Mattern & Craig for the project through November 25, 1989, include
$409,497.59 for Second Street/Gainsboro Road and $26,852.96 for Wells
Avenue; that tasks accomplished include aerial photography, base
mapping, surveying, traffic data, collection and analysis, roadway
design and intersection plan design for Gainsboro Road at Orange
Avenue; that the City's five percent share of the costs is S21,817.53;
that the timetable for completing the Second Street/Gainsboro Road Pro-
58
ACTION:
ject must be compressed to enable completion by the City's goal of
January 1, 1992; that Amendn~nt No. 3 is a direct resu)t of the need to
compress the schedule; that additional engineering services would
include overtime and an additional public hearing to compress the sche-
dule by six months; and Amendment No. 4 is also needed to address addi-
tional project design considerations, which include survey and design
to provide storm drainage along Gilmer Avenue from Jefferson Street to
Lick Run, and additional survey and design to extend the project 200
feet south through the Salem Avenue intersection.
The City Manager recommended that Council authorize Amendment Nos.
3 and 4 to the engineering services contract with Mattern & Craig,
P. C., Consulting Engineers, to prepare complete construction plans for
"Widening and Realignment of Second Street/Gainsboro Road and Wells
Avenue" to provide increases of $79,512.13 and $86,620.55, respec-
tively, for a total amount not to exceed $1,538,047.14; and appropriate
$456,193.00 for the State's share of Amendment Nos. 2 and 4 to Account
No. 008-052-9547-9007, and the City's share of the project, in the
amount of $153,439.00 has already been appropriated as a result of pre-
vious Council action.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29976-31990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 555.)
Mr. Trout moved the adoption of Ordinance No. 29976-31990. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ....... .6.
NAYS: None ........
(Council Member Bowles was absent.)
Mr. Trout offered the following emergency ~Jrdinance:
(For full text of Ordinance, see Ordinance Book No. 51, page 556.)
(#29977-31990) AN ORDINANCE approvih~ ~e City Manager's issuance
of Amendment Nos. 3 and 4 to the City's contract with Mattern & Craig,
Consulting Engineers, for services performed in connection with the
Widening and Realignment of Second Street/Gainsboro Road and Wells
Avenue; and providing for an emergency.
m
m
ACTION:
ACTION:
blr. Trout moved the adoption of Ordinance No. 29977-31990. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor--- 6.
NAYS: None-
(Council Member Bowles was absent.)
BUDGET-CITY INFORMATION SERVICES-EQUIPMENT: The City Manager sub-
mitted a written report concurring in a report of a bid committee with
regard to the purchase of one computer disc drive for the City Informa-
tion Services Department in order to perform required computer services
in the most effective and efficient manne,..
The bid committee recommended that Council accept the bid sub-
mitted by I.B.M. Corporation to provide one computer disc drive, in the
total amount of $49,560.00; authorize the Director Of Finance to
appropriate $49,560.00 from Internal Services Retained Earnings to City
Information Services, Account No. 006-050-1601-9015, to provide funds
for the purchase; and reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29978-31990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 556.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29978-31990.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor--- 6.
NAYS: None-
(Council Member Bowles was absent.)
Mr. Musser offered the following emergency Ordinance:
(#29979-31990) AN ORDINANCE accepting the bid of I.B.M. Corpora-
tion made to the City for furnishing and delivering one computer disc
drive; rejecting all other bids made to the City; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 557.)
6O
ACTION:
ACTION:
Mr. Musser moved the adoption of Ordinance No. 29979-31990. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ................................ 6.
NAYS: None ...... O.
(Council Member Bowles was absent.)
BUDGET-UTILITIES-EQUIPMENT: The City Manager submitted a written
report concurring in a report of a bid committee with regard to pro-
viding necessary equipment to update the existing automated fuel
dispensing system, and the purchase of two computer printers and modems
from the State Contract.
The bid committee recommended that Council accept the bid sub-
mitted by S. J. Conner and Sons, Inc., to provide necessary equipment
to update the system, including trade allowance and excluding printers
and modems, in the total amount of $24,335.80; allow for the purchase
of two computer printers and modems from the State Contract, in the
amount of $866.00; authorize the Director of Finance to appropriate
$25,201.80 from Internal Service Fund Retained Earnings to Materials
Contract, Account No. 006-050-1613-9015, and Utility Line Services,
Account No. 006-056-2625-9015; and reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29980-31990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 558.)
Mr. Musser moved the adoption of Ordinance No. 29980-31990. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ......... 6.
NAYS: None ........ -0.
(Council Member Bowles was absent.)
Mr. Bowers offered the following emergency Ordinance:
(#29981-31990) AN ORDINANCE accepting a bid to provide the
necessary equipment for the update of certain existing fuel dispensing
systems in the City and awarding contracts therefor; authorizing the
appropriate City officials to execute the requisite contracts, upon
certain terms and conditions; authorizing the purchase of certain com-
ACTION:
puter printers and modems by utilizing the Commonwealth of Virginia's
contract with certain vendors; rejecting all other bids made to the
City for said work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 558.)
Mr. Bowers moved the adoption of Ordinance No. 29981-31990. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .......... 6.
NAYS: None .................. O.
(Council Member Bowles was absent.)
BUDGET-PUBLIC WORKS-EQUIPMENT: The City Manager submitted a writ-
ten report concurring in a report of a bid committee with regard
necessary equipment for the enhancement of the Motor Vehicle Mainten-
ance and Repair Program.
The bid committee recommended that Council accept the bid sub-
mitted by Sun Electric Corporation, c/o Earl Williams, Sales Represen-
tative, for one new computerized diagnostic engine analyzer, in the
total amount of $24,315.75; authorize the Director of Finance to
appropriate $24,315.75 from Internal Service Fund Prior Years' Retained
Earnings to Motor Vehicle Maintenance, Account No. 006-052-2641-9015,
to provide funds for the purchase of said equipment; and reject all
other bids received.
(For full text, see reports on file in the City Clerk's Office.)
At this point, 3:15 p.m., Council Member Musser left the meeting.
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29982-31990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 559.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29982-31990.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor ................ 5.
NAYS: None ............ O.
(Council Members Bowles and Musser were absent.)
ACTION:
ACTION:
Mr. Fitzpatrick offered the following Resolution:
(#29983-31990) A RESOLUTION accepting the bid of Sun Electric
Corporation by Earl Williams, Sales Representative, made to the City
for furnishing and delivering one (1) new computerized diagnostic
engine analyzer; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 51, page 560.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29983-31990.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor ................. 5.
NAYS: None ....... O.
(Council Members Bowles and Musser were absent.)
CITY SHERIFF-EQUIPMENT: The City Manager submitted a written
report concurring in a report of a bid con~nittee with regard to
vehicles for the Sheriff's Department.
The bid committee recommended that Council accept the following
bids for the Sheriff's Department:
One new four door sedan as submitted by Berglund
Chevrolet, Inc., in the total amount of $12,740.51.
One new 8 passenger van as submitted by Dominion
Car Company, in the amount of $16,699.96.
Reject all other bids received.
(For full text, see reports on file In the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29984) AN ORDINANCE accepting bids for certain vehicular equip-
ment; and rejecting other bids.
(For full text of Ordinance, see Ordinance Book No. 51, page 562.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES:
Tayl or--
ACTION:
Council
Members Trout, Fitzpatrick Garland and Mayor
NAYS: None
(Council Members Bowles and Musser were absent.) (Council Member Bowers
abstained from voting.)
. . cil Member Robert A. Garland,
,A,, cu~oTKF-EOUIPMENT- c~un ......... to tabulate bids
CITY O~L-o"L ...... ted by the m~yv- ·
Chairman ~Jr ~heC~~j~ °~PPe~'l~ht tables and 40 bunks for the maximum
received e City Jail, submitted a writ-
. - urth floor area of th~_~e recommending t~at~
security, fo _ t e co,,,,-,~ ' .... ~ ,~h ue~u,~,~,'
,^- -^--rt on buhalf of ~ ..... into a con~rou~ "'':' '-L~
;~?. 'qv~ ,~- ritv blanager to .u.y:~_,, ~0 new bunks and e~9~
authorize u-: ~ ~ -~--ide and lns~a,, y .... + ~cuments as p-:-
Services, !nc., ~u v'q' re uirements ~t con~r~u~'n 1gA O0 and 30
~-~,~ ~n accordance with ~qJ~ in he amounl ~ ~" '
consecutive calendar days.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29985-31990) A RESOLUIlON accepting the bid of Detention
Services, Inc., made to the City for furnishing and delivering forty
(40) new bunks and eight (8) new tables at the Roanoke City Jail; and
rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 5I, page 561.)
· n of Resolution No. 299B5-31990.
Mr. Bowers moved the adopted .... - ~,, +he following vote:
motion was seconded by Mr. lrout aha aoop~uu -~ ,.
and
AYES: Council Members Trout, Bowers, Fitzpatrick Garland
Mayor Taylor- _ .... O.
NAYS: None
(Council btembers Bowles and Musser were absent.)
-DIRECTOR OF FiNANCE-BILLINGS AND COLLECIlONS-EQUIPMENT:
BUDGET ...... , written report concurring in a report of a
The City Manager suom~:~ a of necessary hardware for an
bid committee with regard to the provision
automated meter reading system, a~' Council accept the bid sub-
. · recommended th . . ar hmdwaFe for
The b~d co_mm!tt~ .... +~s Inc., to prow?~ neceS~f ~ e18 749.68;
· m bom u~- , . m0u~ ~ ~ ,
mitted by .MiCro ~/] .~d~n system, in the tot~{~ .o~ 895.00 to allow
automated m~er -~ ~ ' e to a propr~a~ ~? .... ~ ~o ~.m
an . . ~ n~ tOr of Flnanc .. P__~ +.nnt r SqI,O~,uu '' ....
authorize ~",:_~_'[e~c.he following items, a.u ~ ..... fe
for the purcnasu ~- ~,'
64
ACTION:
the General Fund Contingency, Equipment Replacement, Account No. 001-
002-9410-2202, to Account No. 001-004-1232-9015, in the amount of
$37,644.68, and Account No. 001-004-1232-2044, in the amount of
$4,000.00; and reject the other bid received:
personal computer and accessories
available under State Contract
batteries and miscellaneous start-up
expenses
file transfer software package
tape back-up system available under
State Contract
training
Total
$ 6,225.00
1,650.00
9,800.00
1,220.00
4,000.00
$22,895.00
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29986-31990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book )~. 51, page 561.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29986-31990.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor ........
NAYS: None ........
-0,
(Council Members Bowles and Musser were absent.)
Mr. Fitzpatrick offered the following Resolution:
(#29987-31990) A RESOLUTION accepting the bid of Micro Palm
Computers, Inc., made to the City for furnishing and delivering six
hand held programming computers and related equipment; and rejecting
all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 51, page 562.)
~J~¢~ .OPI2~~W~~H~
OPIrRATION RE:PORT
'"" PO
!~ .,0 )
1
!
!
I.
!
INIPE~'ION IIEPO lIT
475
ACTION:
ACTION:
The cost exceeds the original estimate due to
hauling of cover material from the Williamson Road
Storm Drain Project and having to use a front end
loader to haul the fill material across the creek
and up the steep slope to cover the pipe and shape
the slopes around the new manhole,
The City Manager recommended that Council authorize the establish-
ment of project funding, in the amount of $39,681.06, by transferring
$35,000.00 from Williamson Road Retention Basin Construction, Account
No. 008-052-9622-9065, and 54,681.06 from Williamson Road Storm Drain,
Phase 2, Contract I-E, Account No. 008-052-9634-9065, to an account to
be established by the Director of Finance to be entitled, "Pipe Failure
at 218 Houston Avenue, N. E."
(For full text, see report on file in the City Clerk's Office.)
t,lr. Musser offered the following emergency budget Ordinance:
(#30192-81390) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 52.)
Mr. Musser moved the adoption of Ordinance No. 30192-81390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor .............. 7.
NAYS: None .........
-0.
Mr. White offered the following Resolution:
(#30193-81390) A RESOLUTION ratffying an emergency purchase of
materials and direct employment of labor for the repair of a storm
drainage system at 218 Houston Avenue, N. E.
(For full text of Resolution, see Resolution Book No. 52, page 52.)
Mr. White moved the adoption of Resolution No. 30193-81390. The
motion was seconded byMr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ........ 7.
NAYS: None ......... O.
476
ACTION:
FIRE DEPARTMENT-HOUSING: The Assistant City Manager submitted a
written report of the City Manager advising that Council adopted the
Downtown East Redevelopment Plan on March 11, 1968; that the Plan was
last revised in June, 1980; apd the major objective of the
Redevelopment Plan is to make the land in the Downtown East Project
area available for redevelopment by private enterprise for use in
accordance with the terms of the Redevelopment Plan.
It was further advised that a contract of sale was made on April
23, 1990, between the Roanoke Redevelopment and Housing Authority and
the Norfolk and Western Railway Company for approximately 65,062 square
feet of real property located in the Downtown East redevelopment area;
that Section 5, Special Provisions of the Contract of Sale, provided
that, "in the event a title examination or an inspection of the pro-
perty discloses title defects...purchasers shall give the Housing
Authority written notice of such defects within 90 days after the date
of contract of sale"; and defects must be removed by the Housing
Authority on or before October 1, 1990, or the purchaser may elect to
refuse the purchase.
It was explained that certain easements were reported by the
Norfolk and Western Railway Company against the property to the Housing
Authority on July 19, 1990; that an emergency telephone call box ease-
ment is for equipment to be attached to the side of a building that no
longer exists and is held by the City of Roanoke; that a formal request
to abandon the emergency call box easement has been received by the
City from the Housing Authority; and the Signals and Alarms Department
has indicated that the easement is no longer required by the City.
The City Manager recommended that he be authorized to execute a
deed of release to abandon the emergency call box easement on Parcel 2
of the Downtown East Redevelopment Plan, subject to approval by the
City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30194) AN ORDINANCE authorizing the execution of a deed of
release releasing the City's interest in a certain emergency telephone
call box easement heretofore granted to the City of Roanoke, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 62.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ....... 7.
NAYS: None ................... O.
477
CITY CODE-EMERGENCY SERVICES: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that the
political subdivisions within the Commonwealth are required by the Code
of Virginia, Section 44-146.19(b) to designate a Director of Emergency
Services; and the Director of Emergency Services is authorized to
implement the following:
Declare a "local emergency." Once a local
emergency has been declared, the local government
may enter into contracts and incur obligations
necessary to combat a threatened or actual
disaster, protect the health and safety of persons
and property and provide emergency assistance to
victims of the disaster. Emergency actions may be
initiated without regard to time-consuming proce-
dures and formalities prescribed by law lexcept
mandatory constitutional requirements) pertaining
to the performance of public work, entering into
contracts, incurring of obligations: e~.ployment of
temporary workers, rental of equipment, purchase of
materials and supplies, and expenditure of public
funds provided such funds in excess of appropria-
tions in the current budget, unobligated, are
available.
Appoint a coordinator of Emergency Services activi-
ties with the consent of Council.
It was further advised that the City Code does not currently pro-
vide for the designation of a Director of Emergency Services for the
City; and a 1969 resolution adopted by Council makes the appointment,
but the appointment should be reflected in the City Code.
The City Manager recommended that he be designated as the
Emergency Services Director, in accordance with Section 44-146.19(b),
of the Code of Virginia (1950), as amended, and concur in the appoint-
ment of the Manager of Emergency Services as the Coordinator of
Emergency Services activities for the City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency Ordinance:
(#30195-81390) AN ORDINANCE amending the Code of the City of
Roanoke, 1979, as amended, by enacting new §2-126, Designation of
Director of Emergency Services, to provide that the City Manager shall
serve as the City's Director of Emergency Services; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 53.)
478
ACTION:
ACTION:
Mr. White moved the adoption of Ordinance No. 30195-81390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor-- 7.
NAYS: None ....... ---0.
Mr. Fitzpatrick offered the following Resolution:
(#30196-81390) A RESOLUTION concurring in the City Manager's
appointment of the City's Manager of Emergency Services as the City's
Coordinator of Emergency Services Activities.
(For full text of Resolution, see Resolution Book No. 52, page 53.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30196-81390.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ............... 7.
NAYS: None ........ O.
BUDGET-FLOOD REDUCTION/CONTROL-SALE/PURCHASE OF PROPERTY: The
Assistant City Manager submitted a written report on behalf of the City
Manager advising that previous appropriations have been made by Council
for items relating to appraisals, surveys, bridge design, internal
expenses and land acquisition for the Roanoke River Flood Reduction
Project; that the Local Cooperation Agreement was executed at a cere-
mony at Smith Park on June 25, 1990; and local share for the project
(cash contribution and designated percentage of the construction ele-
ments) is required by the Loca! Cooperation Agreement to be placed in a
letter of credit to be drawn against by the Corps of Engineers as costs
are incurred.
It was further advised that estimated amounts for letters of cre-
dit are to be provided to the City on an annual basis, to include costs
incurred retroactive to 1985; that a statement of estimated amounts has
been received from the Corps of Engineers, pursuant to communication
under date of June 29, 1990, which states that the Corps needs
$243,000.00 for work already incurred, plus an estimated $103,000.00
for work to be incurred in fiscal year 1991; that the letter is being
amended to require $306,000.00 for work already incurred, plus a
requirement for a letter of credit or immediate payment for $40,000.00
for work to be performed in 1991; and letters of credit cost 0.75 per
cent of the face amount and a $150.00 fee.
479
It was explained that funding needs to be in place for the obliga-
tion already incurred, anticipated to be incurred in 1991 and such
other funds as are available for the project in anticipation for fiscal
year 1992 cash match and land acquisition expenses; that the request is
for funding for the current obligation, plus the transfer of available
funding to date toward future obligations; that land acquisition
funding thus far has been in the amount of $250,000.00; that land
acquisition is 100 per cent local responsibility, including cost; that
Corps of Engineers estimate for land acquisition is in the amount of
$10,042,000.00, which includes the value of land already owned by the
City; that it is anticipated that many property owners will donate
land and rights-of-way for the project; and actual cash needed will
hopefully be less than one half of the Corps estimate; and land
acquisition efforts will increase in the near future.
The City Manager recommended that Council authorize the following
actions:
Transfer $409,350.00 from Capital Improvement
Reserve, Account No. 008-052-9575-9186, Designated
for Roanoke River Flood Reduction Project, to a new
account to be established by the Director of
Finance entitled, Local Cash Share - Roanoke River
Flood Reduction. This action will fund the current
obligation, e.g., those sums designated as "Prior
to Award and FY 91," as well as anticipated for
fiscal year 1992 and the cost of any required
letters of credit.
Transfer $207,674.00 from the Capital Improvement
Reserve, Account No. 008-052-9575-9186, to Account
No. 008-056-9619-9050, Roanoke River Flood Reduc-
tion - Land Acquisition.
Transfer $808,000.00 from General Fund Account No.
001-004-9310-9508, to the Capital Projects Fund,
Account No. 008-056-9619-9050, Roanoke River Flood
Reduction Land Acquisition. These funds were
included in fiscal year 1990-91 General Fund Budget
Adopted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30197-81390) A~l ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 54.)
480
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 30197-81390.
The motion was seconded by Rr. White and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ....................
-7.
NAYS: None ......................................
DIRECTOR OF FINANCE:
BUDGET-DIRECTOR OF FINAHCE-AUDITS: The Director of Finance sub-
mitted a written report providing a status of the financial condition
of the City of Roanoke for fiscal year 1990.
Mr. Schlanger advised that pursuant to requirements established in
Ordinance No. 26292, adopted by Council on December 6, 1982, setting up
a reserve for Capital Improvements and Capital Maintenance and Equip-
ment Replacement, the amount designated for fiscal year 1990 is
$2,374,224.00, leaving no undesignated funds at year end; that in order
to have fulfilled the objective pursuant to Ordinance No. 26292, the
sum of $6,954,853.00 would have had to be available before having any
undesignated funds; and this year's Capital Maintenance and Equipment
Replacement Program represents 1.55% of the General Fund budget com-
pared to 3.7% last fiscal year.
The Director of Finance point out that the figures as related
above are unaudited and subject to change and were released to Council
for planning purposes only; and audited figures will be available in
late September at which time a report will be forthcoming so that
Council will be in a position to take whatever actions are deemed
necessary.
(For full text, see report on file in the City Clerk's Office.)
Nr. Harvey moved that the report be received and filed. The
m~tion was second~d by Mr. Musser and unanimously adopted.
CITY ATTORNEY:
CITY CODE-TAXES-LICENSES: The City Attorney submitted a written
report advising that the City Code currently requires residents to pay
personal property taxes before obtaining their motor vehicle decals;
that it has recently become apparent that many persons who are required
to pay personal property taxes and obtain City decals fail to do so
even after being issued a ticket for not having the required decal;
and apparently, some violators believe that the risk of a fine for the
offense is not sufficient incentive to compel them to pay their per-
sonal property taxes and decal fees.
It was further advised that Section 46.2-752, of the Code of
Virginia (1950), as amended, authorizes cities to provide, by
Ordinance, that failure to obtain and dis
vehicle license or th ~o ~ ~ ~, . ~lay .any required motor
e u~ ~, o ~,~y l~cense after its expiration date
481
I
I
ACTION:
is a misdemeanor; that state statute also authorizes the ordinance to
provide that a violation thereof may not be discharged by payment of
the fine unless the violator presents evidence that the required
license has been obtained; and the latter provision would put some
"teeth" in the City's efforts to make sure that all parties comply with
decal licensing and personal property tax requirements.
It was explained that Council's recent decision to institute
proration of personal property taxes provides additional impetus for
this type of action; and the Chief Judge of the General District Court,
the Chief of Police and the Commissioner of Revenue have indicated
their concurrence in an ordinance WhiCh is recommended to Council for
adoption.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#30198-81390) AN ORDINANCE to amend and reordain the Code of the
City of Roanoke (1979), as amended, by adding a new §20-33.1, Same -
requirements; obtaining license plate, tag or decal a con-~i-~-~-~
Precedent to discharae of violation, to provide that it shall b~,
unlawful to fail to obtain required vehicle l~cense pla~es, tags o
decals and to provide that the fine for such offense may not be
discharged without proof of compliance with the licensing requirements;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 55.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30198-81390.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor- 7.
NAYS: None-- O.
REPORTS OF COMMITTEES:
CIVIC CENTER: Mr. John S. Edwards, Chairman of the Roanoke Civic
Center Commission, submitted a written report on behalf of the
Commission, advising that civic center catering and concessions were
contracted to American Motor Inns, Inc., known as Krisch Hotels, in
August, 1973; that concessions and catering were renewed with American
Motor Inns, Inc., through July, 1980; that during lg80, the City soli-
cited bids for concessions and catering rights from the top catering
and concession firms throughout the country; and bids are based upon
percentage of gross paid to the City.
It was further advised that the City entered into an agreement
with American Motor Inns, Inc., (Krisch Hotels, Inc.) on August 1,
1980, for a term of five consecutive years, which included a provision
for extension for an additional five-year term, upon written agreement
482
ACTION:
ACTION:
of both parties; that during 1985, the City and American Motor Inns,
Inc. (Krisch Hotels, Inc.) mutually agreed to extend the contract for
an additional five years; that the current contract with Krisch Hotels,
Inc., expired on August 1, 1990; that the City awarded a consulting
service contract to ~illiam Caruso and Associates to assist in the pre-
paration and evaluation of food service bids and subsequent contract
negotiations for the operation of concessions and catering services;
and bid proposals are expected to be ready by October 15, 1990, for
solicitation to the top catering and concession firms in the country.
It was explained that Krisch Hotels, Inc., has mutua)ly agreed to
continue the concessions and catering service at the Civic Center, with
payment under the existing percentage of gross revenue payment schedule
until the bid process is completed; and the City agrees if Krisch
Hotels, Inc., is not the successful bidder, the City will allow 60 days
from official notification for Krisch Hotels, Inc., to vacate the pre-
mise.
The Civic Center Commission recommended that the City Manager be
authorized to extend the current concessions and catering contract with
Krisch Hotels, Inc., until April 1, 1991, in a form approved by the
City Attorney, with provision to terminate at any time with 60 days
notice upon completion of the bid process.
The City Manager submitted a written report concurring in the
recommendation of the Commission.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#30199) AN ORDINANCE authorizing the extension of the current
concessions and catering contract at the Roanoke Civic Center, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 62.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor .......... 7.
NAYS: None ......... -0.
Mr. Harvey moved that the report of the City Manager be received
and filed, The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
SEWERS AND STORM DRAINS: Council Member William White, Sr.,
Chairman of a committee appointed by the Mayor to tabulate bids
received for alterations to No. 3 Aeration and Nos. 3 and 4 Nitrifica-
tion Basins at the Water Pollution Control Plant, presented a written
report on behalf of the Committee, recommending that Council award a
lump sum contract to Acorn Construction, Ltd., in the amount of
$118,900.00 and 120 consecutive calendar days, in accordance with
contract documents as prepared by the Office of the City Engineer; that
funding is available in Sewage - Maintenance, Account No. 003-056-3155-
2048; and reject all other bids received by the City.
483
The Assistant City Manager submitted a written report on behalf of
the City Manager concurring in the recommendation of the Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency Ordinance:
(#30200-81390) AN ORDINANCE accepting the bid of Acorn
Construction, Ltd., for alterations to No. 3 Aeration and No. 3 and
No. 4 Nitrification Basins at the Water Pollution Control Plant, upon
certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 55.)
ACTION: Mr. White moved the adoption of Ordinance No. 30200-81390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ..................... 7.
NAYS: None ..... -0.
BUDGET-SEWERS AND STORM DRAINS: Council Member William White,
Sr., Chairman of a bid committee appointed by the Mayor to tabulate
bids received for construction of the Plantation Road - Hollins Road,
N. E. Storm Drain between Tinker Creek and 3172 Plantation Road, pre-
sented a written report on behalf of the Committee, recommending that
Council authorize the City Manager to execute a contract with Dixon
Contracting, Inc., in the amount of $407,517.25, subject to approval by
the City Attorney; that the Director of Finance be authorized to
transfer $427,642.25 from Public Improvement Bonds - Series 198B, Storm
Drain, Account No. 0D8-052-9603-9176, to a new account to be estab-
lished by the Director of Finance to be entitled, Plantation Road -
Hollins Road, N. E. Storm Drain, to include the contract amount of
$407,517.25, and a project contingency in the amount of $20,125.00; and
reject all other bids received by the City.
484
ACTION:
ACTION:
ACTION:
The Assistant City Manager submitted a written report on behalf of
the City Manager concurring in the recommendation of the conrnittee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
{#30201-81390) AN ORDINAI~CE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 56.)
Mr. White moved the adoption of Ordinance No. 30201-81390. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor- 7.
NAYS: None ....... O.
Mr. White offered the following emergency Ordinance:
(#30202-81390) AN ORDINANCE accepting the bid of Dixon Contrac-
ting, Inc., for the Plantation Road - Hollins Road, N. E., storm
drainage improvements, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; rejecting all other bids made to
tne City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 57.)
Mr. White moved the adoption of Ordinance No. 30202-81390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ........... 7.
NAYS: None ................ O.
FIRE DEPARTMENT: Mr. White moved that Council defer action on a
report with regard to alterations and additions to Fire Station No. 4,
3773 Aerial Way Drive, S. W., until the next regular meeting of Council
on Monday, August 27, 1990, at 2:00 p.m. The motion was seconded by
Mr. Fitzpatrick and unanimously adopted.
UTILITIES: Council Member Elizabeth T. Bowles, Chairman of the
Water Resources Con~nittee, presented a written report on behalf of the
committee, with regard to an agreement for underground utility protec-
tion service.
CAM~ -OP~:RA~W~~H~
OPERATION RE, PORT
~4
89
ACTION:
It was further advised that USDA funds usage regulations require
that the funds be used for equipment and repair, food costs and labor
costs of food service workers.
The City Manager recommended that Council appropriate USDA funds
to the Crisis Intervention Center, Juvenile Probation House, and
Juvenile Detention Home and increase corresponding revenue estimates,
as follows:
Crisis Intervention Center - Revenue
Account No. 001-020-1234-0661 -
USDA - Crisis Intervention, $2,459.51 to
Account No. 001-054-3360-3000
Juvenile Probation House - Revenue
Account No. 001-020-1234-0662 -
USDA - Youth Haven, $1,578.61 to
Account No. 001-054-3350-3000
Juvenile Detention Home - Revenue
Account No. 001-020-1234-0660 -
USDA - Juvenile Detention, $8,014.66 to
Account No. 001-054-3320-3000
Total Revenue and Appropriations - $12,052.78
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30381-12891) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providin9 for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 202.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30381-12891.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ......................................... 7.
NAYS: None ............... O.
90
FLOOD REDUCTION/CONTROL-SEWERS AND STORM DRAINS-CONSULTANTS
REPORTS: The Assistant City Manager submitted a written report on
behalf of the City Manager advising that flooding along Peters Creek in
northwest Roanoke City has been a community issue of concern for a
number of years; that businesses and homes have been subject to
periodic flooding resulting in damage to real and personal property;
that a feasibility study wa~ conducted by the Corps of Engineers along
Peters Creek in 1971 when most of the watershed was located in Roanoke
County; and following the 1976 annexation, the Corps discontinued the
study for lack of a local sponsor, and the City of Roanoke became the
local sponsor in November 1985, with the Corps completing its study in
February 1988.
It was further advised that notification of an insufficient
benefit-to-cost ratio by the Corps of Engineers on all Peters Creek
alternatives was received in February 1989; that additionally, the
Federal Government notified the City that it had no further role con-
cerning Peters Creek; that the Corps of Engineers, under Federal
regulations, is not allowed to consider common flood control elements
such as floodproofing of individual structures and detention facilities
for less than the probable maximum flood; that in addition, the Corps
does not consider the overall condition of bridges for replacement;
that an informal study of Peters Creek was commenced by City staff in
March, 1989; and a number of small channel improvement projects, deten-
tion facilities, floodproofing and bridge improvements proved to be
feasible.
Mr. Herbert explained that Peer Review was requested by Council
and the City Manager to assist City staff in identification of appro-
priate flood reduction alternatives for Peters Creek; that Peer Review
was completed in January 1990, and the results confirmed the feasibi-
lity of all options, and generated an estimated project cost of
$4,000,000.00; that source of funding for the project has been iden-
tified in general obligation bonds per the bond referendum approved on
May 1, 1990, for $4,000,000.00; that a request for proposals for con-
sulting services was advertised on May 6, 1990, with three proposals
being received on May 25, 1990; and interviews were conducted with
Smith, Demer & Normann Associates, Hayes, Seay, Mattern & Mattern,
Inc., and Mattern & Craig, P.C., on June 19, 1990.
It was further explained that Mattern & Craig, P.C. was determined
to be the most qualified firm based on established evaluation criteria;
that original negotiations with Mattern & Craig resulted in a proposed
fee of $641,000.00 for consultant services; that further negotiations
for a phased approach to the project resulted in a total of five pha-
ses; that Phase IA-Preliminary has previously been approved and is pre-
sently in progress; and scope of work to be performed for Phase
IB-Preliminary Engineering will include the following:
preliminary construction cost estimates,
necessary soils and geotechnical investigations for
the design of three detention basins, and
91
mapping as related to bridge/culvert replacement
and detention basin design.
The City Manager pointed out that the scope of work to be per-
formed for Phase II-A Design will include the following:
easement plats for 16 properties at four culvert/
bridge replacements and for three detention basins,
channel widening design at two locations,
clearing and snagging areas defined, and
bridge/culvert replacement design at four loca-
tions.
It was noted that scope of work to be performed for Phase II-B
Design will include the following:
detention basin design at three locations,
individual home floodproofing identification and
design (up to 80 homes), and
sewer line relocation and replacement design
(approximately 200 L.F.).
It was explained that Phase III-Construction w~ll need to be
negotiated at the conclusion of desi§n; and funding is available for
Phases IB, IIA and IIB from Account No. 008-052-9603-9176, Public
Improvement Bonds - Series 1988 - Storm Drains, and Account No. 008-
052-9575-9176, Capital Improvement Reserve - Storm Drains, which will
permit sequenced construction and a continuous desi§n process that will
eliminate project delays.
The City Manager recommended that he be authorized to execute a
professional services contract, in a form subject to approval by the
City Attorney, with Mattern & Crai§, P. C., at a cost not to exceed
$300,000.00; and appropriate $300,000,00, $50,000.00 of which will be
taken from Account No. 008-052-9575-9176, Capital Improvement Reserve -
Storm Drains, and $250,000.00 will be taken from Account No. 008-052-
9603-9176, Public Improvement Bonds - Series 1988 - Storm Drains, to
Peters Creek Flood Reduction - Professional Consultant Services.
~For full text, see report on file in the City Clerk's Office.)
92
ACTION:
ACTION:
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30382-12891) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 203.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30382-12891.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor 7.
NAYS: None ...............
Mr. Musser offered the following Resolution:
(#30383-12891) A RESOLUTION authorizing the execution of an
agreement with Mattern & Craig, P. C., to provide certain architectural
and engineering services, specifically the preliminary engineering,
design and specifications for the Peters Creek Flood Reduction project.
(For full text of Resolution, see Resolution Book No. 52, page 203.)
Mr. Musser moved the adoption of Resolution No. 30383-12891. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ....... 7.
NAYS: None .............. O.
BUDGET-STREETS AND ALLEYS-INDUSTRIES-UNITED PARCEL SERVICE (UPS):
The Assistant City Manager submitted a written report on behalf of the
City Manager with regard to an agreement between the City of Roanoke
and Cora Corporation (UPS) under date of February 13, 1989; that the a
construction contract for realignment and reconstruction of Thirlane
Road was authorized by Council on Monday, October 1, 1990, in the
amount of $1,261,160.09; that construction of both Thirlane Road and
the United Parcel Service facility is underway; that preliminary
opening date of the facility is scheduled for May 17, 1991; and United
Parcel Service has requested the lowering of a portion of the new
Thirlane Road so that this property will have a road frontage elevation
that will better match the Thirlane Road elevation.
It was further advised that United Parcel Service has agreed to
pay for the additional work estimated to cost $99,617.00; that
Council's authorization is needed for Change Order No. I to the
agreement with Cova Corporation, in the amount of $99,617.00, to be
received from Cova Corporation (UPS) for payment of the additional
work; and Council's authorization is also needed for Change Order No. 1
to the construction contract with S. R. Draper Paving Company, in the
amount of $99,617.00.
92
ACTION:
ACTION:
The City Manager recommended that Council authorize execution of
Change Order No. 1 to the agreement dated February 13, 1989, between
the City of Roanoke and Cova Corporation, a wholly-owned subsidiary of
United Parcel Service of America, Inc., in the amount of $99,617.00;
authorize appropriation of $99,617.00 to Account No. 008-052-9630,
Thirlane Road Reconstruction; authorize the Director of Finance to
establish an accounts receivable from Cova Corporation (UPS), in the
amount of $99,617.00; and authorize execution of Change Order No. I to
the contract with S. R. Draper Paving Company, in the amount of
$99,617.00, and a time extension of 60 consecutive calendar days for
additional grading as requested by United Parcel Service.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#30384-12891) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 204.)
Mr. Bowers moved the adoption of Ordinance No. 30384-12891. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ...... 7.
NAYS: None ....
O.
Mr. Bowers offered the following Resolution:
(#30385-12891) A RESOLUTION authorizing the City Manager or his
designee to execute, for and on behalf of the City of Roanoke,
Amendment No. I to the contract with Cova Corporation, dated
February 13, 1989, setting forth the responsibilities and obligations
of the City and Cora Corporation regarding a new facility to be
constructed in the City.
(For full text of Resolution, see Resolution Book No. 52, page 204.)
Mr. Bowers moved the adoption of Resolution No. 30385-12891. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, B~Nles,
Fitzpatrick and Mayor Taylor ..... 7.
NAYS: None--
Mr. Bowers offered the following emergency Ordinance:
94
ACTION:
ACTION:
(#30386-12891) AN ORDINANCE approving the City Manager's issuance
of Change Order No. i to the City's contract with S. R. Draper Paving
Company for additional work in connection with the realignment and
reconstruction of Thirlane Road, N. W., and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 205.
Mr. Bowers moved the adoption of Ordinance No. 30386-12891. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor .... 7.
NAYS: None ..................................................... O.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising of
expiration of the three year terms of office of Mrs. Marilyn C. Curtis,
Mrs. Velma B. Seif, and Mr. James M. Turner, Jr., as Trustees of the
Roanoke City School Board on June 30, 1991, and further advising that
applications for the upcoming vacancies will be received in the City
Clerk's Office until 5:00 p.m., on Monday, March 11, 1991.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Fitzpatrick and unanimously adopted.
The
REPORTS OF COMMITTEES:
PARKS AND PLAYGROUNDS-APPALACHIAN POWER COMPANY: Council Member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the Committee with regard to an
electric power easement across a portion of Mill Mountain Park.
A staff report advised that subdivision of property owned by
Kenneth L. Motley, 2514 Robin Hood Road, S. E., produced a new lot at
the intersection of Robin Hood Road and (unopened) Alan Road, S. E.;
that the nearest electric power pole is located on the northeasterly
corner of property owned by Floyd N. Blackwell, 2613 Robin Hood Road,
which is adjacent to Mill Mountain Park; and an indenture (deed of
easement) has been submitted by Appalachian Power Company that would
provide for an easement 220 feet long across a section of Mill Mountain
Park facing Alan Road, with the power line proposed to go underground
under Alan Road from the pole on the east side.
It was further advised that plans for the easement have been
reviewed and approved by the Department of Parks and Grounds; that the
proposal does not violate Mill Mountain Park deed restrictions; that
the poles will probably also carry telephone and television cables; and
a one time relocation line at Appalachian Power Company's expense will
be required.
95
m
ACTION:
The Water Resources Committee recommended that Council authorize
the appropriate City officials to execute an APCO Indenture which will
provide for an easement approximately 220 feet long across a portion of
Mill Mountain Park facing (unopened) Alan Road, S. E., with a one time
line relocation at the expense of Appalachian Power Company to be a
provision of the agreement.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30387) AN ORDINANCE authorizing a certain indenture agreement
with Appalachian Power Company for the provision of electrical service
across a portion of Mill Mountain Park, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 206.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor- 7.
NAYS: None-- O.
APPALACHIAN POWER COMPANY-WATER DEPARTMENT-ROANOKE MEMORIAL
HOSPITALS: Council Member Elizabeth T. Bowles, Chairman of the Water
Resources Con~nittee, presented a written report on behalf of the Com-
mittee with regard to an easement for new electric service to Roanoke
Memorial Hospital across the Crystal Spring property.
A staff report advised that construction of a new addition to
Roanoke Memorial Hospital (RMH) requires revision of street and utility
systems south of the existing structure; and closing of Weller Lane,
S. E., just east of the Water Pumping Station and resulting installa-
tion of new structures and a private driveway system to serve the
Roanoke Memorial Hospital Power House and Emergency facilities, as well
as City properties south of the new structure, will cause the removal
of the current electric system along Weller Lane, S. E.
It was further advised that a indenture (deed of easement) has
been submitted by Appalachian Power Company permitting a new electric
service line to be installed across the Crystal Spring property from
the intersection of Yellow Mountain Road, S. E., and Jefferson Street
to a location near the Roanoke Memorial Hospital Power Plant (easement
4D feet wide and approximately 650 feet long); that the route of the
proposed easement and placement of poles has been reviewed and approved
by the Water Department; that a one time relocation of the line at
Appalachian Power Company's expense will be required as a part of the
agreement; that reliability of electrical service (sectionalizing) for
Crystal Spring Water Pumping Station will be provided by Appalachian
Power Company as a part of said agreement; and no blasting by APCO will
be permitted.
ACTION:
The Water Resources Committee recommended that Council authorize
the appropriate City officials to execute an indenture which will per-
mit an easement 40 feet wide and approximately 650 feet long to extend
across the Crystal Spring property from the intersection of Yellow
Mountain Road, S. E., and Jefferson Street to a point near the Roanoke
Memorial Hospital Power Plant in order to provide electric service to
Roanoke Memorial Hospital to replace service displaced by construction,
with a a one time relocation of the line at Appalachian Power Company's
expense and a backup power drop to C~stal Spring Pumping Station to be
a part of the agreement.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30388) AN ORDINANCE authorizing a certain indenture agreement
with Appalachian Power Company for the provision of electrical service
across the Crystal Spring property, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 207.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None ........
-0.
EASEMENTS-C&P TELEPHONE COMPANY-PARKS AND PLAYGROUNDS: Cuuncil
Member Elizabeth T. Bowles, Chairman of the Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
establishing a public utility easement across Fishburn Park for
installation of underground fiber optic cable to provide for additional
telephone lines to Blue Ridge ETV.
A staff report advised that five acres of City-owned property
located at the southeasterly boundary of Fishburn Park are leased to
Blue Ridge ETV for a headquarters and broadcast facility; that the
lease currently extends to April 14, 1996; that an Auction of donated
goods is a major fundraiser for Blue Ridge ETV; that the number of
telephone lines presently in place across Fishburn Park from Brambleton
Avenue to the facility is inadequate during the Auction; that a
request and proposed deed of easement for a new 15' x 175' easement
across Fishburn Park that would allow the installation of a new
underground fiber-optic cable with adequate capacity has been submitted
by C&P Telephone Company; and permission to install underground fiber-
optic lines, at own risk, was provided to C&P by the Director of
Utilities and Operations due to the need for telephone lines by Blue
Ridge ETV for Auction which is due to be held in the near future.
97
ACTION:
The Water Resources Committee recommended that Council authorize
the appropriate City officials to execute a deed of easement
establishing a 15 foot wide and approximately 175 foot long public uti-
lity easement across Fishburn Park for the purpose of installing C&P
Telephone Company underground fiber-optic cable from a C&P manhole in
the right-of-way of Brambleton Avenue, S. W., just west of its inter-
section with Ross Lane to a location near the center of the northerly
property line of the property leased to Blue Ridge ETV, with documen-
tation subject to approval by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved t~lat the following Ordinance be placed upon its
first reading:
(#303B9) AN ORDINANCE authorizing a certain easement agreement
with C & P lelephone Company of Virginia for the provision of telephone
service across Fishburn Park, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 207.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Harvey, Musser, White, Bowers,
Fitzpatrick and Mayor Taylor-
NAYS: None .....
Bowles,
7o
O.
Bowles,
PARKS AND PLAYGROUNDS: Council Member Elizabeth T.
Chairman of the Water Resources Committee, presented a written report
on behalf of the Committee with regard to the renewal of the existing
Mill Mountain Zoo Lease Agreement and the existing miniature train
agreement.
A staff report advised that Mill Mountain Zoo was opened in 1952,
and was first operated by the City of Roanoke as a children's zoo; that
the Roanoke Jaycees operated and maintained the miniature railroad (Zoo
Choo) as authorized pursuant to Ordinance No. 11526, adopted on
August 11, 1952; that Mill Mountain Zoo, Inc., was formed by the
Roanoke Jaycees, Inc., in 1976 to take over the operation of the zoo
since the City was about to close the facility; and a lease agreement
was authorized pursuant to Ordinance No. 23216, adopted on September 7,
1976.
It was further advised that the Blue Ridge Zoological Society of
Virginia was formed in 1988 as a result of reorganization of Mill
Mountain Zoo, Inc.; that the zoo lease agreement and miniature train
agreement expired on December 31, 1990; that the Blue Ridge Zoological
Society has requested a new lease agreement that would expand the zoo
boundaries in order to construct a tiger habitat; that although the
City endorses the project, it will encroach upon land that the City
acquired in 1967 through a Federal Open Space Program, and approval for
the use of the site must be obtained from the National Park Service
before expanded zoo boundaries can be included within the new lease
agreement, therefore, the City is seeking approval by the National Park
Service.
98
ACTION:
It was explained that the Roanoke Jaycees has requested a one year
renewal of the existing three party agreement between the Jaycees, the
City and the Blue Ridge Zoological Society, in order to continue opera-
tion of the miniature railroad; and the City Administration recommends
the following:
renewal of existing lease agreement between the
City and Blue Ridge Zoological Society, on an
interim basis (for a period not to exceed one
year), until National Park Service approval is
obtained and a new lease agreement can be written
and approved; and
renewal of existing agreement between the City,
Roanoke Jaycees, Inc., and Blue Ridge Zoological
Society of Virginia for operation of the miniature
railroad, on an interim basis (for a period not to
exceed one year), until a new lease agreement,
referred to in the above paragraph, can be written
and approved.
The Water Resources Committee recommended that Council renew the
existing lease agreement between the City and Blue Ridge Zoological
Society on an interim basis (for a period not to exceed one year),
until use of additional land for the tiger habitat is approved by the
National Park Service and a new lease agreement with the Blue Ridge
Zoological Society can be written and approved; and renew the existing
three party agreement between the City, Roanoke Jaycees, Inc., and Blue
Ridge Zoological Society, for operation of the miniature railroad, on
an interim basis (for a period not to exceed one year) until a new
lease agreement with the Blue Ridge Zoological Society can be written
and approved.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30390) AN ORDINANCE authorizi,g a renewal of the existing lease
agreement between the City and the Blue Ridge Zoological Society of
Virginia for the Mill Mountain Zoo and renewal of the existing
agreement between the City, the Roanoke Jaycees, Inc., and the Blue
Ridge Zoological Society of Virginia for operation of the miniature
railroad at the Zoo, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 208.)
The motion was seconded by M~. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ................. 7.
NAYS: None .......... O.
FIRE DEPARTMENT-LEAGUE OF OLDER AMERICANS, INC.-ROANOKE NEIGHBOR-
HOOD PARTNERSHIP: Council Member Elizabeth T. Bowles, Chairman of the
Water Resources Committee, presented a written report on behalf of the
Committee, with regard to renewal of the lease and sub-lease of the
former No. 6 Fire Station.
A staff report advised that leases to date of former Fire
Station No. 6 have been as follows:
Initial - July 14, 1980, through July 13, 1985.
Five Year Extension - July 14, 1985, through
July 13, 1990, authorized pursuant to Ordinance No.
27734, adopted on August 26, 1985, and executed on
September 5, 1985.
It was further advised that lease fee is $1.00 per year; that a
sub-lease was granted for the first floor, four hours a day, five days
a week to the League of Older Americans Senior Citizens Dining Club,
pursuant to Ordinance No. 28855, adopted on November 9, 1987, and was
intended to run concurrently with the lease between the City and the
Southeast Action Forum, Inc.; that a request for extension of the lease
was received from the Southeast Action Forum, Inc.; that the term of
the lease extension will be five years from July 14, 1990, to July 13,
1995, and continue thereafter on an actually approved year to year
basis, with 60 days notice of termination by either party; and authori-
zation of a sub-lease to the League of Older Americans Senior Citizens
Dining Club will be concurrent with authorization of a lease between
the City and the Southeast Action Forum, Inc.
The Water Resources Committee recommended that Council authorize
the City Manager and the City Clerk to execute a five year extension of
the lease of the former No. 6 Fire Station to the Southeast Action
Forum, Inc., and the sub-lease of portions of the building during cer-
tain times of the day to the League of Older Americans for the Senior
Citizens Dining Club from July 14, 1990, to July 13, 1995, with provi-
sions for the lease and sub-lease to continue on a year to year basis
thereafter, with 60 days notice of termination of either lease or sub-
lease by either party, subject to approval by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30391) AN ORDINANCE authorizing a certain lease of former Fire
Station No. 6 to the Southeast Action Forum, Inc., and a certain sub-
lease of a portion of the premises to the League of Older Americans
Senior Citizens Dining Club, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 208.)
GAM~ oOP[~fJ~~WO~K~.~HE]~'~'
OPERATION Rs'PORT
INSPECTION REPORT
OPERATION RE:PORT
:Od'~
&
;J.'o 0
I
wi
631
Grant No. 6596
$325,000.00 for the Special
Education Tuition Program to
provide funds for the placement
of special education students
at the direction of the State
Department of Education. The
Program will be reimbursed one
hundred per cent by State
funds.
Grant No. 6746
$157,087.00 for the 1991-92
Apprenticeship Program to
provide on-the-job and class-
room vocational instruction for
students in the Apprenticeship
Program. The Program will be
reimbursed one hundred per cent
by State funds and fees paid by
participants.
Grant No. 6977
$785,556.00 for the 1991-92
Governor's School Program to
provide instruction in science
and math to high school
students. The Program will be
supported by State funds and
tuition collected from
participating school districts.
Grant No. 6978
$3,300.00 for the Teaching
Peace Grant to utilize a
donation from the Peace
Development Fund to support the
Roanoke City Schools conflict
resolution and dismantling
racism training program for
teachers.
The School Board further requested that Council
appropriate funds, in the amount of $46,670.00, to
provide for operation of two transit type buses for field
trip use by the schools, advising that funds will be
provided from fees charged to schools for actual bus use;
and appropriate $2,500,000.00 for renovation of Forest
Park Elementary School, advising that a Literary Fund
Loan has been approved for the project in the abovestated
amount.
(For full text, see communication on file in the City
Clerk's Office.)
632
ACTION:
A report of the Director of Finance advising that he
has reviewed the request of the School Board and
recommending that Council concur in said request, was
also before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30620-70891) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant, General and
Capital Projects Fund Approprl~.tions, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 436.)
Mr. Harvey moved the adoption of Ordinance No.
30620-70891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles-and Mayor Taylor ...... 7.
NAYS: None 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BRIDGES: The City Manager submitted a written
report advising that the 1978 Surface Transportation Act
enacted by Congress requires that all bridges, including
"off Federal Aid System," structures, must be included in
the bi-annual inspection program; that Supplementary
Bridge Inspection Reports are required on 67 structures
in the City this year; that 41 structures (40 bridges and
one tunnel), are inspected annually while 27 structures
are inspected bi-annually; that the Federal Highway
Administration has established a new requirement that all
existing bridges be screened for potential scour and take
appropriate remedial actions where a high potential for
scour exists; and a field evaluation for scour is
required on 45 in the City.
633
It was further advised that Engineering Services
Qualification Proposals for necessary technical
inspections and reports were publicly advertised and
received from Hayes, Seay, Mattern and Mattern, Inc.,
Mattern and Craig, Inc., and Anderson and Associates;
that selection of firms for consideration was based on
certain criteria; that interviews were held with the
three qualified firms; that negotiations were conducted
with Mattern & Craig, Inc., for necessary technical
inspections, reports, and scour screenings; and Mattern &
Craig, Inc., was selected as the most qualified firm due
to its past performance on bridge inspections, as well as
a proposal to provide the City with a priority schedule,
including cost estimates for any necessary repairs,
replacements or modifications.
It was explained that in-depth ir3pections are now
required by Federal and State Highway agencies relative
to a particular aspect of bridge inspection as a result
of catastrophic bridge failures in other states in recent
years; that under bridge inspections require more care to
detect possible erosion of support in waterways beneath
bridge structures; that many of the City's bridges which
are being inspected are above waterways, the majority of
which have structural supports underwater, that must be
analyzed physically and mathematically to determine
catastrophic scour potential; and scope of work to be
performed includes the following:
field lnvestiggtions of 67 structures to
include pertinent roadway approaches,
waterway, piers and abutments, bearings,
stringers, beams, girders, decks, expansion
joints, curbs, sidewalks, bridge railing,
culverts and signing, with the Airport Tunnel
also to be inspected;
field investigations of 45 bridges for scour
potential to include review of available
construction plans, foundation borings, safety
inspection reports, maintenance history, maps
and photographs as well as an in-depth on-site
review;
bridge and culvert inspection reports and
field evaluation of scour potential reports to
be prepared with sketches and/or photographs
to adequately describe deficiencies and
problem areas; and
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ACTION:
final inspection documents completed in
accordance with Federal, State and City
criteria regarding the bridge inspection
program, with all reports to be completed
before the end of 1991.
It was further explained that cost reimbursement fee
for engineering services is based on actual manhours used
to physically review each component of the 67 bridges and
one tunnel; that Mattern & Craig, Inc., in following this
billing procedure, offers reasonable manhour pay rates
and an acceptable cost ceiling; and declining costs, as
indicated below, are due to load rating analyses which
were required, with the majority performed in 1989 and
the remaining in 1990, and no load rating analyses are
required in 1991:
1989 Total Inspection Costs: $123,800.00
1990 Total Inspection Costs: $97,500.00
1991 Proposed Inspection Contract: $78,000.00
The City Manager recommended that Council award an
engineering services reimbursement, with cost ceiling
contract, to Mattern & Craig, Inc., subject to approval
by the City Attorney, in the amount of $78,000.00,
advising that funding is available for the contract from
the General Fund Fees For Professional Services,
Engineering, Account No. 001-052-4310-2010, and the
Airport Commission, upon approval by the Airport
Executive Director, and reimbursement will be requested
by the Engineering Department from the Airport upon
completion of the work.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following Resolution:
(#30621-70891) A RESOLUTION authorizing the City
Manager to enter into an engineering services
reimbursement, with cost ceiling contract, with a certain
engineering firm, providing for the performance of
certain bridge inspection services; and rejecting certain
other proposals.
(For full text of Resolution, see Resolution Book No. 52,
page 438.)
Mr. Bowers moved the adoption of Resolution No.
30621-70891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
635
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor- - .... 7.
NAYS: None
PARKS AND PLAYGROUNDS-TRAFFIC: The City Manager
submitted a written report advising that Council,
pursuant to Ordinance No. 16941 adopted on April 4, 1966,
designated the name Strauss Park and dedicated the area
for public park and recreational use; that Peters Creek
Road Extension was programmed by the Virginia Department
of Transportation (VDOT) in its Six-Year Improvement
Program, in accordance with Council's request on June 17,
1985, pursuant to Resolution No. 27613; and Council, at
its meeting on March 5, 1990, approved the alignment for
Peters Creek Road Extension, which included the need for
the roadway to pass through Strauss Park.
It was further advised that Strauss Park is one of
56 parks in the City of Roanoke; that its 25.871 acres
was acquired by the City in 1966 and lies on the westerly
side of Westside Boulevard, Just north of Shenandoah
Avenue, N. W.; that Peters Creek splits the park land
into two tracts; and the eastern half of Strauss Park
contains 11.098 acres and includes the park's
recreational facilities, which were purchased by the City
from Wilmont Realty Corporation and developed with HUD
Open Space Grant Funds.
It was explained that the western half of Strauss
Park contains 14.773 acres of steeply sloping terrain
which has not been used, nor is it any longer needed for
use as a public park; that this portion was a gift to the
City of Roanoke from Wilmont Realty Corporation for use
as a public park and public recreation area; that Mr.
Maury Strauss, former president of Wilmont Realty
Corporation, has agreed in writing to release said
property from the restriction that it be used as a public
park and public recreation area to the extent necessary
for highway right-of-way for construction of the project,
in a release under date of May 31, 1991; and no federal
or state funds were utilized in the original acquisition
or development of the portion of Strauss Park.
The City Manager pointed out that the Virginia
Department of Transportation's Environmental Quality
Division has requested, for purposes of completing the
Final Environmental Assessment, that Council, to the
extent possible, provide a resolution to convert the park
land required for construction from public park and
recreational use to highway right-of-way, based upon
alignment through the park which has been previously
636
ACTION:
recommended; that estimated amount of park land to be
converted to highway right-of-way is 3.8 acres for
permanent right-of-way; that an additional 3.0 acres will
be needed for a temporary construction easement which
will revert to park property upon project completion; and
a 3.4 acre area of park land will be separated from
existing park facilities, which area is located between
Spanish Trace Apartments and the proposed roadway,
leaving 15.6 acres remaining to the east.
The City Manager recommended that Council formally
determine that the land in Strauss Park required for
construction and highway right-of-way is no longer
necessary for public park purposes.
(For full text, see .report on file in the City Clerk's
Office.)
Mr. Musser moved that the following Ordinance be
placed upon its first reading:
(#30622) AN ORDINANCE releasing a portion of
Strauss Park from its dedication to public park and
recreational use.
(For full text of Ordinance, see Ordinance Book No. 53,
page 4.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None 0.
CITY ATTORNEY:
ELECTIONS-CIRCUIT COURT: The City Attorney
submitted a written report advising that the Honorable
Patsy Testerman, Clerk of the Circuit Court, has retired
effective July 2, 1991, and in this regard, S24.1-76(B),
Code of Virginia (1950), as amended, provides as follows:
"When a vacancy occurs in any elected county,
city, town or district office and no provision
is made for filling the same for the unexpired
portion of the term of office, the governing
body of the county, city or town shall, within
fifteen days of the occurrence of such
vacancy, petition the court to issue a writ of
election to fill such vacancy .... "
637
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ACTION:
It was further advised that the writ of election
will order that an election be held at the next ensuing
general election which will '%.' on November 5, 1991; that
the person elected to the Office of Clerk of Circuit
Court will serve for the unexpired portion of Ms.
Testerman's term; and Council may authorize the filing of
a Petition for Writ of Election with the Circuit Court,
which will allow the election to fill the vacancy created
by the retirement of Ms. Testerman to occur in compliance
with the provisions of the Code of Virginia.
The City Attorney recommended adoption of a
resolution authorizing the filing of a Petition for Writ
of Election with the Circuit Court with respect to the
vacancy in the Office of the Clerk of Circuit Court
created by the retirement of the Honorable Patsy
Testerman.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
(#30623-70891) A RESOLUTION authorizing the City
Attorney to file a Petition for Writ of Ele=tion with
respect to the vacancy in the Office of the Clerk of
Circuit Court created by the retirement of the Honorable
Patsy Testemnan.
(For full text of Resolution, see Resolution Book No. 52,
page 438.)
Mr. White moved the adoption of Resolution No.
30623-70891. The motion was seconded by Mr. Fitzpatrick
add adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None 0.
WATER DEPARTMENT-LEGISLATION: The City Attorney
submitted a written report advising that the United
States Congress is currently finalizing legislation
relating to the reduction of lead in drinking water; that
one version of legislation under consideration would
require the Environmental Protection Agency to set a
maximum contaminant level for lead at the homeowner's
tap; that current lead and other water standards are
monitored and enforced at the water meter, which is the
end point of the public water system; and such federal
requirement would cause numerous problems for the City of
638
ACTION:
Roanoke, including placing the City in the position of
being legally responsible for plumbing and fixtures
inside the homes of citizens and out of City control.
It was further advised that lead levels in drinking
water need to be reduced at locations where the lead
limit is above safe drinking water standards and the City
joins with other municipalities in urging appropriate
action to accomplish said goal; that the City
Administration, however, does not believe that having the
Federal Government set a maximum level for lead at the
homeowner's tap is the appropriate method of achieving
this goal; and, in addition to the obvious administrative
and liability concerns that such a standard would create,
the City would also face fines of up to $25,000.00 per
day for non-compliance under the Federal Safe Drinking
Water Act.
The City Attorney transmitted a resolution
expressing the City's opposition to establishment by the
Federal Government of a maximum contaminant level for
lead at the homeowner's tap in the City of Roanoke.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following Resolution:
(#30624-70891) A RESOLUTION expressing this
Council's opposition to establishment by the Federal
Government of a maximum contaminant level for lead at the
homeowner's tap in the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 52,
page 439.)
Mr. Harvey moved the adoption of Resolution No.
30624-70891. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor .... 7.
NAYS: None 0.
BONDS-SCHOOLS: The City Attorney submitted a
written report advising that Council, at its regular
meeting on Tuesday, May 28, 1991, adopted an ordinance
authorizing the issuance of general obligation school
bonds, in an amount not to exceed $2,000,000.00, to fund
improvements at Crystal Spring Elementary School; and
bond counsel for the Virginia Public School Authority has
639
11
ACTION:
requested that the City and all other entities which are
participating in the bond program enact certain changes
in the measure authorizing issuance of the bonds.
It was further advised that the proposed amending
ordinance will change the principal and interest payment
dates from December 15 and June 15 to January 15 and July
15, respectively, of each year; that the ordinance
deletes, as inapplicable, the references to premiums on
the bonds, and further provides that the City shall
comply with the requirements of the Internal Revenue Code
so that interest on the bonds will be excludable from
gross income of the purchasers for Federal income tax
purposes.
The City Attorney transmitted a proposed Ordinance
for consideration by Council.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
Ordinance:
(#30625-70891) AN ORDINANCE amending and restating
certain provisions to an Ordinance authorizing the
issuance of not to exceed $2,000,000.00 General
Obligation School Bonds, Series of 1991, of the City of
Roanoke, Virginia; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 440.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30625-70891. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ........ 7.
NAYS: None 0.
REPORTS OF COMMITTEES:
SALE/PURCHASE OF PROPERTY-INDUSTRIES: Council
Member Elizabeth T. Bowles, Chair of the Water Resources
Committee, presented a written report on behalf of the
committee, with regard to execution of a lease agreement
with Mr. Paul Umbarger, representing Eagle Valley Ranch,
for lease of the approximately 140 acre "Douthat Farm",
being a portion of the Roanoke Centre for Industry and
Technology, for a term of five years.
640
A staff report advised that the "Douthat Farm" was
acquired by the City in October 1989; that Mr. A. Wade
Douthat leased the property back to provide himself with
time to acquire new property and vacate the premises;
that farming rights to the approximately 140 acre tract
were leased for $20.00 per acre per year; that pursuant
to the request of Mr..Douthat, the lease of the farm land
portion of property terminated on July 13, 1990; and at
the time, the lease of the house and cabin was extended
on a month-to-month basis, pursuant to Ordinance No.
30204-82790.
It was further advised that a purchase order was
issued on November 21, 1990, which engaged the services
of Eagle Valley Ranch, c/o Mr. Paul Umbarger, to provide
labor and materials to curtail vegetation growth to 12
inches for the period of November 15, 1990, through June
30, 1991, with the stipulation that the vendor will be
permitted to graze livestock, mow hay or till crops on
the property, and provide and maintain fencing to secure
livestock, assume all liability for damage to and by his
actions or actions of his livestock, machinery,
equipment, employees and guests, which purchase order
could be canceled upon 30 days notice.
It was noted that Eagle Valley Ranch has agreed that
when the term of the purchase order expires, they will
accept a month-to-month lease similar to that which was
given to Mr. Douthat, that involves installing,
maintaining, moving, and removing fencing, subject to
lease termination or leased area revision on a 30 day
notice basis, with the term of the purchase order to
expire on June 30, 1991.
The Water Resources Committee recommended that
Council authorize appropriate City officials to execute
a lease of the approximately 140 acre "Douthat Farm," a
portion of the Roanoke Centre of Industry and Technology,
to Eagle Valley Ranch, c/o Mr. Paul Un~arger, at a lease
fee of $20.00 per acre per year, for a five year term,
upon certain terms and conditions.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
641
ii
ACTION:
(#30626) AN ORDINANCE authorizing the lease of
certain city-owned property to Paul Umbarger, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 5.)
The motion was seconded by Mr. Bowers and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ...... 7.
NAYS: None 0.
SALE/PURCHASE OF PROPERTY-HEALTH DEPARTMENT:
Council Member Elizabeth T. Bowles, Chair of the Water
Resources Committee, presented a written report on behalf
of the committee, in connection with execution of a new
lease agreement with the State Department of Health for
the Health Center building located at Campbell Avenue and
Eighth Street, S. W., for a term of five years.
A staff report advised that Council authorized the
renewal of the lease of the Health Center facility to the
State Department of Health for a five year term from
July 1, 1986, through June 30, 1991, pursuant to
Ordinance No. 28217, adopted on July 14, 1986; that State
law, enacted in 1980, eliminated automatically renewable
leases by state agencies; and the City's lease time limit
is five years without public advertisement and receipt of
bids.
It was further advised that the Health Center was
originally constructed in 1951 at a cost of $400,901.55,
using Federal Hill-Burton funds, with the City funding
33.5 per cent of said cost; that a new lease has been
submitted by the State Department of Health; that the
rate structure has remained the same as the fifth year of
the current term in the proposed new five year lease,
which produces $45,000.00 per year; and payment
reimburses the City for building maintenance costs.
The Water Resources Committee recommended that
Council authorize appropriate City officials to execute
a new five year lease agreement with the State Department
of Health for use of the Health Center facility.
(For full text, see reports on file in the City Clerk's
Office.)
642
ACTION:
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30627) AN ORDINANCE authorizing the lease of
certain city-owned property to the State Department of
Health, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 6.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ........ 7.
NAYS: None
SALE/PURCHASE OF PROPERTY-SPECIAL PERMITS-BLUE
CROSS/BLUE SHIELD: Council Member Elizabeth T. Bowles,
Chair of the Water Resources Committee, presented a
written report on behalf of the committee, in connection
with execution of a lease agreement with Blue Cross and
Blue Shield of Virginia which would permit Blue Cross and
Blue Shield to erect a new sign on the northwest corner
of Key Plaza.
A staff report advised that Blue Cross and Blue
Shield of Virginia is located on the southeast corner of
the intersection of South Jefferson Street and Franklin
Road, S. E.; and the landscaped plaza in front of the
building on Jefferson Street, known as Key Plaza,
described as Lot 3A, Downtown East, Official Tax No.
4016001, is owned and maintained by the City of Roanoke.
It was explained that paving and water leakage
problems have occurred on Key Plaza, which will require
the petitioner to use caution with installation of a sign
on the plaza; that a request has been received from Blue
Cross and Blue Shield of Virginia for permission to place
a 4'x 4'x 4' cube with lettering and logo on all four
sides on the northwest corner of Key Plaza approximately
15 feet from the right-of-way of South Jefferson Street
and approximately ten feet from the right-of-way of
Franklin Road, S. E.; that the sign will not be lighted;
and Blue Cross and Blue Shield will be reauired to comply
with all applicable regulations, including the sign
ordinance, etc.
643
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ACTION:
The Water Resources Committee recommended that
Council authorize a month-to-month lease, subject to
approval by the City Attorney, permitting Blue Cross and
Blue Shield of Virginia to erect a new sign on City-owned
property on the northwest corner of Key Plaza, subject to
certain terms and conditions.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30628) AN ORDINANCE authorizing the lease of
certain city-owned property to Blue Cross and Blue Shield
of Virginia, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 6.)
The motion was seconded by Mr. Bowers and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None. 0.
UNFINISHED BUSINESS:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
WATER DEPARTMENT: Ordinance No. 30614-70891
establishing a rate schedule for certain water rates and
related charges for services provided by the City,
effective August 1, 1991, July 1, 1992, and July 1, 1993,
as more fully set forth in attachment identified as
Attachment A, having previously been before the Council
for its first reading on Monday, June 24, 1991, read and
adopted on its first reading and laid over, was again
before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
(#30614-70891) AN ORDINANCE establishing a rate
schedule for certain water rates and related charges for
services provided by this City, effective August 1, 1991,
July 1, 1992, and July 1, 1993.
(For full text of Ordinance, see Ordinance Book No. 52,
page 434.)
644
ACTION'.
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
30614-70891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ....... 7.
NAYS: None-- 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL. NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 10:40 p.m., the Mayor declared the meeting in
recess.
At 10:55 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mrs. Bowles and adopte¢! by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None 0.
SCHOOLS (JEFFERSON HIGH SCHOOL COMMITTEE): The
Mayor advised that the one year terms of Ms. Vaunda
Leftwich and Messrs. Beverly T. Fitzpatrick, Sr., Horace
G. Fralin, Theodore J. Edlich, III, Richard A. Dearing,
and Warner N. Dalhouse as members of the Jefferson High
School Committee expired on June 30, 1991, and called for
nominations to fill the vacancies.
Mr. Harvey placed in the nomination the names of Ms.
Vaunda Leftwich, and Messrs. Beverly T. Fitzpatrick, Sr.,
Horace G. Fralin, Theodore J. Edlich, III, Richard A.
Dearing, and Warner N. Dalhouse.
645
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ACTION:
ACTION:
There being no further nominations, Ms. Leftwich and
Messrs. Fitzpatrick, Fralin, Edlich, Dearing and Dalhouse
were reelected as members of the Jefferson High School
Committee for terms of one year each, ending June 30,
1992, by the following vote:
FOR MS. LEFTWICH, AND MESSRS. FITZPATRICK, FRALIN,
EDLICH, DEARING AND DALHOUSE: Council Members
Fitzpatrick, Harvey, Musser, White, Bowers, Bowles and
Mayor Taylor- - ....... 7.
PARKS AND PLAYGROUNDS (MILL MOUNTAIN DEVELOPMENT
COMMITTEE): The Mayor advised that the one year terms of
Ms. Betty C. Winfree, Ms. Frances S. Boon and Messrs.
Robert N. Fishburn, M. Carl Andrews, Carl H. Kopitzke and
L. Thompson Hanes as members of the Mill Mountain
Development Committee expired on June 30, 1991, and
called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Ms.
Betty C. Winfree, Ms. Frances S. Boon and Messrs.
Robert N. Fishburn, M. Carl Andrews, Carl H. Kopitzke and
L. Thompson Hanes.
There being no further nominations, Ms. Winfree, Ms.
Boon and Messrs. Fishburn, Andrews, Kopitzke and Hanes
were reelected as members of the Mill Mountain
Development Committee for terms of one year each, ending
June 30, 1992, by the following vote:
FOR MS. WINFREE, MS. BOON, AND MESSRS. FISHBURN,
ANDREWS, KOPITZKE .AND HANES: Council Members
Fitzpatrick, Harvey, Musser, White, Bowers, Bowles and
Mayor Taylor ............
WATER DEPARTMENT-LANDMARKS (ADVISORY COMMITTEE,
CRYSTAL SPRING PUMPING STATION): The Mayor advised that
the one year terms of Messrs. David H. Burrows, James N.
Kincanon, Philip H. Lemon, Richard L. Meagher, Thomas D
Taylor, Robert W. Woody, James H. Buck, Lawrence M.
Taylor, and Robert W. Boyd as members of the Advisory
Committee, Crystal Spring Pumping Station, expired on
June 30, 1991, that Messrs. James N. Kincanon and
Richard L. Meagher have declined to serve another term,
and called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Messrs.
David H. Burrows, Philip H. Lemon, Thomas D. Taylor,
Robert W. Woody, James H. Buck, Lawrence M. Taylor and
Robert W. Boyd.
646
ACTION:
ACTION:
ACTION:
ACTION:
There being no further nominations, Messrs. Burrows,
Lemon, Taylor, Woody, Buck, Taylor and Boyd were
reelected as members of the Advisory Committee, Crystal
Spring Pumping Station, for terms of one year each,
ending June 30, 1992, by the following vote:
FOR MESSRS. BURROWS, LEMON, TAYLOR, WOODY, BUCK,
TAYLOR AND BOYD: Council Members Fitzpatrick, Harvey,
Musser, White, Bowers, Bowles and Mayor Taylor ........ 7.
Mr. Harvey moved that the City residency requirement
for Mr. James H. Buck be waived in this instance. The
motion was seconded by Mr. Musser and unanimously
adopted.
SCHOOLS (VIRGINIA WESTERN COM~NITY COLLEGE BOARD):
The Mayor advised that the four year term of Mr. A. Byron
Smith as a member of the Virginia Western Community
College Board expired on June 30, 1991, and called for
nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Mr.
A. Byron Smith.
There being no further nominations, Mr. Smith was
reelected as a member of the Virginia Western Community
College Board for a term of four years, ending June 30,
1995, by the following vote:
FOR MR. SMITH: Council Members Fitzpatrick, Harvey,
Musser, White, Bowers, Bowles and Mayor Taylor ........ 7.
INDUSTRIES-ECONOMIC DEVELOPMENT: The Mayor advised
that the three year term of Mr. William F. Hawkins as a
member of the Economic Development Commission expired on
June 30, 1991, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of Mr.
William F. Hawkins.
There being no further nominations, Mr. Hawkins was
reelected as a member of the Economic Development
Commission fo~ a term of three years, ending June 30,
1994, by the following vote:
FOR MR. HAWKINS:
Harvey, Musser, White,
Taylor .......
Council Members Fitzpatrick,
Bowers, Bowles and Mayor
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ACTION:
ACTION:
PLANNING (FIFTH PLANNING DISTRICT COMMISSION): The
Mayor advised that the three year terms of Mrs.
Elizabeth T. Bowles, and Messrs. John R. Marlles and
Beverly T. Fitzpatrick, Jr., as members of the Fifth
Planning District Commission expired on June 30, 1991,
and called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Mrs.
Elizabeth T. Bowles, and Messrs. John R. Marlles and
Beverly T. Fitzpatrick, Jr.
There being no further nominations, Mrs. Bowles, and
Messrs. Marlles and Fitzpatrick were reelected as members
of the Fifth Planning District Commission for terms of
three years each, ending June 30, 1994, by the following
vote:
FOR MRS. BOWLES, AND MESSRS. MARLLES AND
FITZPATRICK: Council Members Fitzpatrick, Harvey,
Musser, White, Bowers, Bowles and Mayor Taylor ........ 7.
ROANOKE ARTS COMMISSION: The Mayor advised that the
three year terms of Ms. Narriett M. Stokes and Messrs.
Timothy L. Jamieson and Kemper A. Dobbins as members of
the Roanoke Arts Commission expired on June 30, 1991, and
called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Ms.
Harriett M. Stokes and Messrs Timothy L. Jamieson and
Kemper A. Dobbins.
There being no further nominations, Ms. Stokes and
Messrs. Jamieson and Dobbins were reelected as members of
the Roanoke Arts Commission for terms of three years
each, ending June 30, 1994, by the following vote:
FOR MS. STOKES AND MESSRS. JAMIESON AND DOBBINS:
Council Members Fitzpatrick, Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor ....................... 7.
PERSONNEL (PERSONNEL AND EMPLOYMENT PRACTICES
COMMISSION): The Mayor advised that the three year terms
of Ms. Mozelle A. Scott and Messrs. John R: Lare~ and
R. P. Shelor as members of the Personnel and Employment
Practices Commission expired on June 30, 1991, and called
for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Ms.
Mozelle A. Scott and Messrs. John R. Larew and R. P.
Shelor.
648
ACTION:
ACTION:
ACTION:
There being no further nominations, Ms. Scott and
Messrs. Larew and Shelor were reelected as members of the
Personnel and Employment Practices Commission for terms
of three years each, ending June 30, 1994, by the
following vote:
FOR MS. SCOTT ANDMESSRS. LAREWAND SHELOR:
Members Fitzpatrick, Harvey, Musser, White,
Bowles and Mayor Taylor ....
Council
Bowers,
'7.
WAR MEMORIAL: The Mayor advised that the one year
terms of Messrs. Thomas R. Plymale, William B. Bagbey,
Alfred C. Moore and W. Robert Herbert a~ men~ers of the
War Memorial Committee expired on June 30, 1991, that Mr.
Bagbey has declined to serve another term, and called for
nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Messrs.
Thomas R. Plymale, Alfred C. Moore and W. Robert Herbert.
There being no further nominations, Messrs. Plymale,
Moore and Herbert were reelected as members of the War
Memorial Committee for terms of one year each, ending
June 30, 1992, by the following vote:
FOR MESSRS. PLYMALE, MOORE AND HERBERT:
Members Fitzpatrick, Harvey, Musser, White,
Bowles and Mayor Taylor ......
Council
Bowers,
LIBRARIES (ROANOKE PUBLIC LIBRARY BOARD): The Mayor
advised that the three year term of Dr. Frank J. Eastburn
as a member of the Roanoke Public Library Board expired
on June 30, 1991, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of Dr.
Frank J. Eastburn.
There being no further nominations, Dr. Eastburn was
reelected as a member of the Roanoke Public Library Board
for a term of three years, ending June 30, 1994, by the
following vote:
FOR DR. EASTBURN:
Harvey, Musser, White,
Taylor .......
Council Members Fitzpatrick,
Bowers, Bowles and Mayor
649
ACTION:
CELEBRATIONS (SPECIAL EVENTS COMMITTEE): The Mayor
advised that the one year terms of Ms. Carol B. Dalhouse,
Ms. Sabrina T. Law, Ms. Linn D. Chaff and Messrs. Ted H.
Key, Nelson Harris, Samuel G. Oakey, Jr., James C.
Butler, Marc J. Small, Lex P. Gibson and Greg Feldmann as
members of the Special Events Committee expired on
June 30, 1991, that Mr. Small has declined to serve
another term, and called for nominations to fill the
vacancies.
Mr. Harvey placed in nomination the names of Ms.
Carol B. Dalhouse, Ms. Sabrina T. Law, Ms. Linn D. Chaff
and Messrs. Ted H. Key, Nelson Harris, Samuel G. Oakey,
Jr., James C. Butler, Lex P. Gibson and Greg Feldmann.
There being no further nominations, Ms. Dalhouse,
Ms. Law, Ms. Chaff and Messrs. Key, Harris, Oakey,
Butler, Gibson and Feldmann were reelected as members of
the Special Events Committee for terms of one year each,
ending June 30, 1992, by the following vote=
FOR MS. DALHOUSE, MS. LAW, MS. CHAFF AND MESSRS.
KEY, HARRIS, OAKEY, BUTLER, GIBSON ANDFELDMANN: Council
Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor-- - ..... 7.
FLOOD REDUCTION/CONTROL (FLOOD PLAIN COMMITTEE):
The Mayor advised that the one year terms of Messrs.
Harold L. Shaffer, Samuel J. Krisch, II, Edgar V.
Wheeler, Read A. Lunsford, J. T. Hopkins, Jr., Jim
Sailors, George L. Pitzer, James F. Williams, Robert H.
Bennett, Jr., and Terry N. Grimes as members of the Flood
Plain Committee expired on June 30, 1991, that Mr.
Sailors has declined to serve another term, and called
for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Messrs.
Harold L. Shaffer, Samuel J. Krisch, II, Edgar V.
Wheeler, Read A. Lunsford, J. T. Hopkins, Jr., George L.
Pitzer, James F. Williams, Robert H. Bennett, Jr., and
Terry N. Grimes.
There being no further noml~ations, Messrs. Shaffer,
Krisch, Wheeler, Lunsford, Hopkins, Pitzur, Williams,
Bennett and Grimes were reelected as members of the Flood
Plain Committee for terms of one year each, ending
June 30, 1992, by the following vote=
65O
ACTION:
ACTION:
ACTION:
FOP "~S~RS. SHAFFER, KRISCH, WHEELER, LUNSFORD,
HOPKINS, Pi~Z~R, WILLIAMS, BENNETT AND GRIMES: Council
Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ............... 7.
CITIZENS SERVICES COMMITTEE: The Mayor advised that
the one year terms of Ms. Bernice F. Jones, The Reverend
Frank W. Feather and Messrs. James D. Ritchie, Stanley R.
Hale, Harold P. Kyle, Raleigh Campbell and Alphonso
McCain as men~ers of the Citizens' Services Committee
expired on June 30, 1991, and called for nominations to
fill the vacancies.
Mr. Harvey placed in nomination the names of Ms.
Bernice F. Jones, The Reverend Frank W. Feather and
Messrs. James D. Ritchie, Stanley R. Hale, Harold P.
Kyle, Raleigh Campbell and Alphonso McCain.
There being no further nominations, Ms. Jones,
Reverend Feather and Messrs. Rltchie, Hale, Kyle,
Campbell and McCain were reelected as members of the
Citizens Services Committee for terms of one year each,
ending June 30, 1992~ by the following vote:
FOR MS. JONES, REVEREI{DFEATHERANDMESSRS. RITCHIE,
HALE, KYLE, CAMPBELL AND MCCAIN: Council Members
Fitzpatrick, Harvey, Musser, White, Bowers, Bowles and
Mayor Taylor .......... ---7.
REFUSE COLLECTION (ROANOKE VALLEY REGIONAL SOLID
WASTE MANAGEMENT BOARD): The Mayor advised that the four
year term of Mr. Kit B. Kiser as a member of the Roanoke
Valley Regional Solid Waste Management Board will expire
on July 31, 1991, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of Mr.
Kit B. Kiser.
There being no further nominations, Mr. Kiser was
reelected as a member of the Roanoke Val-ley Regional
Solid Waste Management Board for a term of four years,
ending June 30, 1995, by the following vote:
FOR MR. KISER: Council Members Fitzpatrick, Harvey,
Musser, White, Bowers, Bowles and Mayor Taylor ........ 7.
651
ACTION:
COUNCIL: It being 11:00 p.m., which is the
automatic adjournment time for Council meetings, Mr.
Bowers moved that Council agree to extend the meeting
time until 11:30 p.m., in order to complete agenda items.
The motion was seconded by Mr. White and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ........... 7.
At 11:02 p.m., the Mayor declared the meeting in
recess.
At 11:30 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................ 7.
NAYS: None 0.
There being no further business, the Mayor declared
the meeting adjourned at 11:32 p.m.
ATTEST:
City Clerk
APPROVED
652
SPECIAL MEETING ROANOKE CITY COUNCIL
July 22, 1991
11:45 a.m.
The Council of the City of Roanoke met in special meeting
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
July 22, 1991, at 11:45 a.m., pursuant to Section 10, Meetings of
Council, of the Roanoke City Charter; and pursuant to communication
from the Mayor under date of July 22, 1991, with Mayor Noel C.
Taylor presiding.
PRESENT: Council Members Elizabeth T. Bowles, James G.
Harvey, II (arrived at 12:15 p.m., during the Executive Session),
Howard E. Musser, William White, Sr., and Mayor Noel C. Taylor--6.
ABSENT:
Fitzpatrick, Jr.-
Council Members David A. Bowers and Beverly T.
2,
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger, Director
of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Taylor.
The Mayor referred to the following communication
calling the special meeting of Council:
'July 18, 1991
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the
Charter of the City of Roanoke, I am calling a special
meeting of the Roanoke City Council on Monday, July 22,
1991, at 11:45 a.m., in the City Council Chamber, fourth
floor of the Municipal Building.
The purpose of the special meeting will be to convene in
Executive Session to discuss the following matter:
653
ACTION:
ACTION:
A request of the City Manager to discuss
acquisition and disposition of real property,
specifically property to be acquired and
disposed of in connection with the development
of the Hotel Roanoke Project, pursuant to
Section 2.1-344(A)(3), Code of Virginia
(1950), as amended.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor, Mayor
City of Roanoke"
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Musser moved that Council cenvene in Executive
Session to discuss a matter with regard to acquisition
and disposition of real property, specifically property
to be acquired and disposed of in connection with the
development of the Hotel Roanoke Project, pursuant to
Section 2.1-344(A)(3), Code of Virginia (1950), as
amended. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowles, Musser, White and
Mayor Taylor- ---4.
NAYS: None 0.
(Council Members Bowers and Fitzpatrick were absent.)
(Council Member Harvey had not entered the meeting.)
At 12:05 p.m., the Mayor declared the meeting in
recess.
At 1:57 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of Council
Members Bowers and Fitzpatrick.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. White moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
654
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White
and Mayor Taylor ...... --5.
NAYS: None
e
(Council Members Bowers and Fitzpatrick were absent.)
There being no further business, the Mayor declared
the special meeting adjourned at 1:59 p.m.
APPROVED
City Clerk
Mayo~ ~
655
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
July 22, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
July 22, 1991, at 2:00 p.m., the regular meeting hour, with Mayor
Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members James G. Harvey, II, Howard E.
Musser, William White, Sr., Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., and Mayor Noel C. Taylor ................ 6.
ABSENT: Council Mew~er David A. Bowers
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Earl B. Reynolds, Jr., Assistant City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
George Stevenson, Pastor, East Gate Church of the Nazarene.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: The City
Manager advised that over the last six to eight months,
a number of City employees participated in Operation
Desert Shield/Desert Storm activities; whereupon, he
introduced the following employees and expressed
appreciation for their service to their country.
William E. Latham
Christopher O. Atkins
Thomas B. Bandy
Mark R. Nelson
Jeffrey S. Shawver
James E. Brabham
Wayne G. Miesen
Senior Police Officer
Police Officer
Police Officer
Emergency Medical
Services Technician
Building Inspector
Deputy Sheriff
Senior Police Officer
The Mayor presented each employee with a crystal
star which is symbolic of the Star on Mill Mountain, and
expressed appreciation on behalf of the City of Roanoke
for their sacrificial service to their country.
656
BID OPENINGS
AIRPORT-INDUSTRIES-STREETSANDALLEYS: Pursuant to
notice of advertisement for bids for Towne Square/Airport
Road improvements, said bids to be received by the City
Clerk until 1:30 p.m., on Monday, July 22, 1991, and to
be held, opened and read before the Council at 2:00 p.m.,
on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about
the advertisement for bids, and no representative present
raising any question, the Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
H & S Construction Company
S. R. Draper Paving Company
Adams Construction Company
Action Contracting Company, Inc.
$ 95,468.91
96,909.06
102,410.00
107,333.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Fitzpatrick and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairman, William F. Clark and George C. Snead, Jr., as
members of the committee.
PARKS AND PLAYGROUNDS-RECREATION DEPARTMENT:
Pursuant to notice of advertisement for bids for
construction of alterations and additions to the Grandin
Court Recreation Center, said bids to be received by the
City Clerk until 1:30 p.m., on Monday, July 22, 1991, and
to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the
matter may be heard, the Mayor asked if anyone had any
questions about the advertisement for bids, and no
representative present raising any question, the Mayor
instruct.~d the City Clerk to proceed with the opening ~f
the bids; whereupon, the City Clerk opened and read the
following bids:
657
II
ACTION
ACTION
BIDDER
BASE BID TOTAL
Williams Painting & Remodeling,
Inc.
Construction Services of Roanoke,
Inc.
D. Baker & Co., Inc.
Building Specialists, Inc.
Gardner-Smith, Inc.
S. H. Sewell & Co., Inc.
$49,000.00
58,480.00
59,895.00
59,900.00
63,670.00
71,000.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Fitzpatrick and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairman, William F. Clark and George C. Snead, Jr., as
members of the committee.
TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY,
INC.: Mr. Theodore J. Edlich, III, Executive Director,
Total Action Against Poverty in Roanoke Valley, Inc.,
advised that for more than 15 years TAP has participated
in a Summer Youth Program which has been funded through
the Fifth Planning District Commission. He asked that
representatives of the Summer Youth Journalism Project
stand and be recognized along with their sponsor, Ms.
Mercedes James.
CONSENT AGENDA:
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council; and specific legal matters
requiring the provision of legal advice by counsel, being
the terms and conditions of proposed agreements for
development of a regional landfill facility.
658
ACTION:
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344(A)(1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344(A)(1),
Code of Virginia (1950), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .................. 6.
NAYS: None 0.
(Council Member Bowers was absent. )
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss specific legal matters
requiring the provision of legal advice by counsel, being
the terms and conditions of proposed agreements for
development of a regional landfill facility, pursuant to
Section 2.1-344(A)(7), Code of the Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the City Manager to convene in Executive
Session to discuss specific legal matters requiring the
provision of legal advicebycounsel, being the terms and
conditions of proposed agreements for development of a
regional landfill facility, pursuant to Section 2.1-344
(A)(7), Code of Virginia (1950), as amended. The motion
was seconded by Mrs. Bowles and adopted by the following
vote:
659
ACTION
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
TRAFFIC-HOUSING-LIBRARIES: A communication from
Council Member David A. Bowers with regard to
installation of pedestrian safety devices on Salem
Turnpike between the Lansdowne Housing neighborhood and
the Melrose Branch Library, was before Council.
Mr. Bowers advised that as Council's liaison to the
Roanoke Redevelopment and Housing Authority, he was
requested by the Board of Commissioners to request the
City's installation of a blinking light/don't walk light
or other safety device to be installed at said location.
He pointed out that the Housing Authority has an open
field beside the library which is located across the
street from the residential neighborhood; and children
are inclined to cross the street to visit the library or
to play in the area which is soon to become a Housing
Authority park.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the communication be
referred to the City Manager for study, report and
recommendation to Council by September 12, 1991. The
motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ............. 6.
NAYS: None 0.
(Council Member Bowers was absent.)
PENSIONS-CITY EMPLOYEES: A report of the Director
of Finance with regard to the results of the Voluntary
Retirement Incentive Program which was recently offered
to eligible City employees, was before Council.
660
It was advised that on April 15, 1991, Council
adopted an ordinance authorizing a Voluntary Retirement
Incentive Program; that implementation of the program
facilitated in the City's down-sizing effort, encouraged
possible reorganization and reduced future operating
costs; whereupon, Mr. Schlanger transmitted the following
information:
75 out of 124 eligible employees took advantage of
the program.
Of the 75 employees, 14 were females and 61 were
male.
Ages:
49 - 50 4
51 - 55 17
56 - 60 23
61 - 65 27
66 - 71 4
75
25 departments had at least one person retire, with
21 individuals retiring from the Fire Department.
By major functions, the breakout is as follows:
7 Utilities and Operations
2 Human Resources
20 Public Works
35 Administration and Public Safety
3 From Council-appointed offices
3 From Elected official offices
3 Airport Commission
1 Landfill
1 Civic Center
Of all 75 employees, there was a total of 2,277
years of dedicated service to the City of Roanoke,
with one employee having 48 years, and five months
of service.
Years of Service:
10 - ~§ 4
16 - 20 6
21 - 25 6
26 - 30 22
31 - 35 21
36 - 40 12
41 - 48 4
661
ACTION:
45 employees retired under the "New System" (ESRS)
and 30 retired from the "Old System" (ERS).
13 of the 75 employees were in what are considered
to be management positions.
It was explained that a further report on cost-
savings will come to Council at a later date when final
disposition of all 75 positions are dealt with.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the report be received
and filed. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .......... 6.
NAYS: None 0.
(Council Member Rowers was absent.)
REAL ESTATE VALUATION (BOARD OF EQUALIZATION): A
communication from the Honorable Roy B. Willett, Judge,
Circuit Court, transmitting the 1991 Report of the Board
of Equalization, was before Council.
It was advised that the Board received 153 appeals,
which included 29 commercial and industrial appeals, 117
residential appeals, and seven withdrawals.
It was further advised that the Equalization Board
has requested and recommended continued access to
computer service; that future Equalization Boards must
continue to have separate office space from the Real
Estate Evaluation Office and has respectfully requested
that the City of Roanoke provide the Board with a room to
be assigned by March 1 of each year so that it may
commence its work as soon as the oaths of office of the
respective members are taken; and the room location which
was assigned this year worked quite well, therefor, it
was requested that Room 162 in the Municipal Building be
assigned to the Board again next year.
(For full text, see report on file in the City Clerk's
Office.)
662
ACTION:
Mr. Fitzpatrick moved that the report be received
and filed, and referred to the City Manager for
appropriate response. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-COMMONWEALTH' S ATTORNEY-POLICE
DEPARTMENT: Mr. Milton R. Hancock, Sr., 3109 Melrose
Avenue, N. W., advised that he would like to apprise
Council of the denial of his constitutional rights by the
Commonwealths' Attorney's Office. He pointed out that
presently he has a suit pending in the Federal Court to
address these grievances. He complained about
dereliction of duty, false accusations, erroneous and
unsupported charges and attempted blackmail by the
Commonwealths' Attorney's Office. He charged the Police
Department with cruel and unjust punishment inflicted
upon citizens, unnecessary roughness while making
arrests, possible perjurious testimony, latent
discrimination in the handling of warrants and summonses,
and confiscation of Veterans Administration Medical
Center medicines.
Mr. Hancock read a prepared statement advising that
he served in World War II and he was treated mor~ fairly
and more humanely while he was a prisoner of war of the
German Army than he was treated while he was a prisoner
in his own hometown of Roanoke, Virginia. He stated that
he was manhandled by certain members of the police force
while being arrested, even after he informed the
arresting officers that he suffered from a severe back
condition; that he was denied government prescribed pain
medication while he was a prisoner in the Roanoke City
Jail, and his medicine was confiscated by Roanoke City
Jail personnel.
Mr. Harvey moved that the matter be received and
filed. The motion was seconded by Mr. White and
unanimously adopted.
663
PETITIONS AND COMHUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting that Council appropriate
funds to the following school accounts, was before the
body.
Grant No. 6747 -
$146,947.00 for the Adult Basic
Education Program to provide
funds for the education of adults
who have not completed high
school. The Program will be
reimbursed by Federal funds with
matching funds from the Roanoke
City and Roanoke County jails and
the Roanoke City Schools.
Grant No. 6748 -
$47,199.00 for the Marketing
Education Regional Coordinator
Program to provide funds for
expenses of the regional
coordinator. The Program will be
100 per cent reimbursed by State
funds.
Grant No. 6749 -
$9,150.00 for the GED Testing
Program to provide instructors
for the administration of the GED
examinations. The source of
funds will be student fees.
Grant No. 6979 -
$266,248.00 for the Project YES
Program to identify, assess,
evaluate, and provide assistance
for at-risk sixth and ninth grade
students who are potential
dropouts. The Program will be
100 per cent reimbursed by State
funds.
(For full text, see communication on file in the City
Clerk's Office.)
A report of the Director of Finance advising that
appropriate funding for the abovedescribed four grants is
in the Grant Fund; that said grants are funded with
Federal and State funds and fees; that in addition to the
funding sources, the Adult Basic Education grant will
receive a local match, in the amount of $22,600.00; that
664
ACTION:
funding for the local, match is available in the Education
portion of the General Fund budget in Matching Funds,
Account No. 001-060-6001-6450-0588; and recommending that
Council concur in the request of the School Board, was
also before the body.
(For full text, see report on file in the City Clerk's.
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30629-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant and General Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 7.)
Mrs. Bowles moved the adoption of Ordinance No.
30629-72291. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Harvey,
Bowles, Fitzpatrick and Mayor Taylor-
NAYS: None
Musser, White,
6.
(Council Member Bowers was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
POLICE DEPARTMENT-RECREATION DEPARTMENT-YOUTH: The
City Manager presented a briefing with regard to programs
that are intended to enhance police community relations
and opportunities for youth recreation, as well as other
programs which are sponsored, in part, by the City. He
pointed out that citizens are coming to understand that
helping Roanoke's youth is a job that must be undertaken
by all segments of the community, from neighborhood
groups to churches, from social service agencies to local
government, and from parents to friends and family. He
reviewed information with regard to current programs such
as the Summer Food Service Program, the Gary Clark Sports
Camp, various sporting events and activities, a Summer
Day Camp sponsored by the West End Community Center, a
Summer Day Camp sponsored by The Salvation Army, sporting
events sponsored by the Inner City Athletic Association,
665
summer camp sponsored by the Roanoke Museum of Fine Arts,
summer camp programs offered by the Y.M.C.A., and daytime
and Evening Bible Schools sponsored by area churches.
Mr. Herbert pointed out that the danger in citing a few
examples is that hundreds of programs are not mentioned.
He stated that the point he would like to make is that
there are resources and opportunities available for young
people in the Roanoke community to help them utilize
their time in a constructive manner, and a combined
approach of government, service agencies, neighborhoods,
churches and citizens must be reasoned out annually in
order to take on this enormous task.
Mr. M. David Hooper, Chief of Police, presented an
oral briefing on a new program which has been instituted
by the Police Department known as "Community Oriented
Policing Effort" or C.O.P.E. He advised that during
1989-90 budget study, the City Manager made Council aware
of the fact that calls for police service were
increasing; that police officers did not have the time to
cover all of the calls that they would like to cover; and
the City Manager recommended and Council authorized ten
additional police officers for patrol in certain
specialized service. He pointed out that calls have
continued to increase at the rate over the past three
years of close to 20 per cent; therefore, it became
obvious that something needed to be done differently. He
explained that during the early part of this year, he met
with members of the Police Department assigned to work in
the high-call districts to talk about what could be done
within existing resources to not only address the problem
of the increase in calls, but to address the quality of
life of those persons who generate many of the calls. He
stated that a plan was developed for an impact team in
which selected police officers would break away from
their daily routines and go into specific areas to not
only let their presence be known, but to offer to the
citizens of that area an opportunity to work with police
officers in an effort to develop identification of
certain problems, from not only the perspective of the
police officer, but from the point of view of the
citizen. He advised that often times when the Police
Department sees a problem, it is not always what the
citizen perceives as the problem. Secondly, he pointed
out that the program is intended to help bridge the gap
of understanding or misunderstanding as to what the
Police Department does, how they do it, why they do it
and why certain actions are necessary. He stated that in
order for police officers to effectively communicate this
information, it is necessary for officers and citizens to
know each other; therefore, he noted that the idea of the
impact team was developed with the use of eight police
666 --'
officers and a sergeant who would be provided with the
opportunity to work flexible hours based upon specific
needs and the impact team would have the opportunity to
recruit the resources of every city department and
service agency in order to effectively deal with problems
and reach solutions. He advised that the program is
problem-oriented and could serve as a method of changing
certain basic thoughts that may reduce the number of
calls for service. He stated that the Lincoln Terrace
and Hunt Avenue areas were selected for the first phase
of the program which will commence on August 1, 1991;
that personnel proposed to enter the training program
will be selected next week and at the end of the training
program, eight police officers will be selected to
participate in the "Community Oriented Policing Effort"
C.O.P.E.
Mrs. Bowles moved that the oral remarks of the City
Manager and Chief Hooper be received and filed. The
motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
At 3:25 p.m., the Mayor declared the meeting in
recess.
At 3:40 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS: The City Manager submitted a written
report advising that the City of Roanoke was notified of
a Local Government Challenge Grant available through the
Virginia Commission for the Arts; that grant funds are
available on a 50 - 50 matching basis, with 50 per cent
state and 50 per cent local; and application for said
grant was made at the request of the Arts Council of
Roanoke Valley, Roanoke Symphony Orchestra, and Mill
Mountain Theatre.
It was further advised that notification by the
Commission for the Arts has been received that a grant,
in the amount of $2,400.00, is available; that the grant
will supplement funds already appropriated from the City
to the organization through the Citizens Services
Committee; that local funds will meet the 50 - 50 match;
and grant funds, in the amount of $2,400.00, will be
distributed as follows: Arts Council of Roanoke Valley -
$800.00, Roanoke Symphony Orchestra - $800.00, and Mill
Mountain Theatre - $800.00.
66 7
ACTION=
ACTION=
The City Manager recommended that he, or his
designee, be authorized to execute the Local Government
Challenge Grant from the Virginia Commission for the Arts
on behalf of the City of Roanoke; and that funds be
appropriated to an account to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30630-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 9.)
Mr. White moved the adoption of Ordinance No. 30630-
72291. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .......... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
Mr. White offered the following Resolution:
(#30631-72291) A RESOLUTION authorizing the
acceptance of a grant from the Virginia Commission for
the Arts.
(For full text of Resolution, see Resolution Book No. 52,
page 10.)
Mr. White moved the adoption of Resolution No.
30631-72291. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Councii Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .......... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
668
BUDGET-HEALTH DEPARTMENT-SCHOOLS: The City Manager
submitted a written report advising that preventive
health care services are limited to many school-aged
children in Roanoke City due to the inability of their
families to pay the costs of medical care; that
approximately 40 per cent of Roanoke City School
population is considered economically disadvantaged; and
the Six Year Plan of the Roanoke City Health Department
noted that the Health Department and Roanoke City Public
Schools should increase their collaborative efforts to
implement school health programs in a more efficient and
effective manner.
It was further advised that the need for a school
health coordinator was identified in November 1988 by the
Roanoke City School Health Advisory Committee which is
composed of citizens and representatives of the Health
Department and Roanoke City Schools; and a coordinated
school health program to meet the health needs of
children and youth enrolled in the Roanoke City Public
School system has been implemented by the Health
Department, Roanoke City Schools and the Office of
Director of Human Resources.
It was explained that Council appropriated
$22,071.00 from state and local hospitalization and City
Health Department Subsidies last year for the school
health nurse supervisor position; that the City's school
health program is comprehensive and includes basic
preventative health care services, abnormal finding
follow-up, counseling and referral services; and a part-
time school health nurse supervisor was hired by the
Health Department in December 1989 to provide program
coordination and supervision for the five part-time
Chapter I nurses employed byRoanoke City Schools and the
public health nurses assigned to schools.
It was pointed out that the Health Department
requested $25,545.00 to continue the program for 1991-92;
that funding for the position of school health nurse
supervisor was not included in the 1991-92 budget,
however, the position has been continued with funds from
the Health Department budget for other programs on a
month-to-month, part-time basis, pending identification
of funds to support said positiom; that $22,223.00 is now
available in the State and Local Hospitalization account
to help continue funding the school health program for
1991-92; and during budget preparation, the State
22
ACT [ ON:
REPORTS OF OFFICERS:
CITY F~NAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
FLOOD CONTROL: The City Manager submitted a written report
advising that a referendum vote by the citizens of the City of Roanoke
on the proposed Flood Reduction Project was approved by Council on
February 6, 19B9; that a referendum date was set for April 11, 1989;
that presentations on the Project have been made by the Administration
to eleven neighborhood and con~nunity groups since January, and five
additional presentations have been planned before April 11; that the
presentations would reach approximately 1,000 people; and the Roanoke
Regional Chamber of Con~nerce endorsed the project and additional endor-
sements are expected.
It was further advised that citizen education was the City's goal
in presentations and printed material on the Project; that the City
could not urge voters to either support or reject the proposed project,
but could produce materials and make presentations to help ensure that
citizens have a strong understanding of all aspects of the project so
that they could make an educated decision; and research to determine
the level of citizen understanding on the proposed flood reduction pro-
ject revealed the following:
People know very little about the project;
They want to know more;
They prefer to receive information through the
mail; and
They prefer that the information be organized in a
brief and concise format.
The City Manager explained that the original brochure produced for
the purpose had been modified to make information easily understood by
the general public, and to present the information in a way that was
appealing to the reader; that distribution to households had been
studied to determine the most effective, cost-efficient way to send the
information; that direct mail, through ~he U. S. Postal Service, was
chosen, with an expected mailing date targeted for the last week in
March; and suggestions on brochure content was solicited from
interested parties, including the organization known as Friends of the
Roanoke River.
The City Manager recommended that Council approve his reconm~n-
dation to print and mail the educational brochure to each City house-
hold.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mrs. Bowles and unanimously
adopted.
BRIDGES: The City Manager submitted a written report advising
that Council awarded a unit price contract to Lanford Brothers Company,
Inc., in the amount of $662,801.00 with an additional contingency of
$53,107.00 on November 28, 1988, for the Read Road Bridge over Norfolk
and Western Railway tracks; that construction began on January 11,
1989; that installation of the sanitary sewer through the railroad
right-of-way was halted by the presence of rock; that subsequently,
Norfolk-Southern informed the City and the contractor that new
Norfolk-Southern regulations forbid blasting within railroad right-of-
way; and delays caused by the sanitary sewer relocation would cause a
delay in reopening Read Road to traffic, delay construction on the new
bridge, and would ultimately result in a claim by Lanford Brothers
Company, Inc., for damages.
669
ACTION=
informed the City that $111,442.00 in local funds would
be required for the State and Local Hospitalization
Program, however, the City was notified on July 8, 1991,
that only $89,219.00 would be required for said program.
The City Manager recommended that Council authorize
the transfer of $22,223.00 from Account No. 001-054-5330-
2010 to Roanoke City Health Department, Account No. 001-
054-5110-2017, for the purpose of continuing the part-
time position of school health nurse supervisor.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30632-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 11.)
Mrs. Bowles moVed the adoption of Ordinance No.
30632-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ..... 6.
NAYS: None- 0.
(Council Member Bowers was absent.)
FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM:
The City Manager submitted a written report advising that
the City of Roanoke has been designated as the grant
recipient of funds under the Job Training Partnership
Act; that by agreement of the localities in the Fifth
Planning District, the City of Roanoke acts as fiscal
depository of all Consortium funds; and the Fifth
Planning District has been designated as a service
delivery area by the Governor of Virginia.
It was further advised that the Governor's
Employment and Training Department requires that an
agreement be executed by the Policy Board of the Fifth
District Employment and Training Consortium, the Private
Industry Council and the City, as the depository of
funds; that an agreement, which has not changed from last
year, primarily clarifies the roles, responsibilities,
6 7O
ACTION:
and liability of the Policy Board, the Private Industry
Council, and the grant recipient (City of Roanoke); and
authority by Council to execute appropriate documents is
necessary.
The City Manager recommended that he be authorized
to execute an agreement with the Policy Board of the
Fifth District Employment and Training Consortium and the
Private Industry Council for Program Year 1991-1992.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30633-72291) A RESOLUTION authorizing the
execution of an agreement by and between the City, the
Governor's Employment and Training Consortium, and the
Fifth District Employment and Training Consortium's
Private Industry Council.
(For full text of Resolution, see Resolution Book No. 53,
page 11.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30633-72291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ...... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
SPECIAL PERMITS: The City Manager submitted a
written report advising that Council has, in the past,
granted permission to various civic groups and the United
Way of Roanoke Valley to hang flags from street lighting
poles within the downtown area; that pursuant to
communication under date of June 18, 1991, Ms. Linda L.
Holsinger, Vice President, Marketing and Communications
for the United Way of Roanoke Valley, has requested
permission to fly approximately 100 three foot by five
foot United Way flags from street lighting poles in the
Central Business District of downtown Roanoke during the
month of September 1991; and the Vietnam Veterans of
America organization has received ongoing authorization
from Council to fly American flags from downtown street
lighting standards on certain designated holidays, with
September 2, 1991, Labor Day, being one of said
designated holidays.
ACTION:
The City Manager recommended that Council adopt the
appropriate measure issuing a revocable permit to the
United Way of Roanoke Valley to fly United Way flags from
street lighting poles in the Central Business District of
downtown Roanoke, from September 3, 1991, through
September 30, 1991, which will avoid any conflict with
Vietnam Veterans on Labor Day, and is agreeable with the
United Way.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that the following Ordinance be
placed upon its first reading:
(#30634) AN ORDINANCE granting to the United Way
of Roanoke Valley, Inc., a revocable permit to mount
certain flags on street lighting poles in the Central
Business District of the City, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 32.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ...... 6.
NAYS: None ....
(Council Member Bowers was absent.)
GRANTS-YOUTH: The City Manager submitted a written
report advising that a youth grant was first officially
awarded to the City under the Virginia Delinquency
Prevention and Youth Act on June 17, 1980; that fiscal
year 1991-92 youth grant application was submitted to the
Department of Youth and Family Services on May 15, 1991;
that the grant will provide for continuation of
coordinated planning and program implementation for the
Office on Youth; and fiscal year 1991-92 grant budget is
as follows:
Budget
Category
State Funds
Local Match
Cash In-Kind Total
Personnel $38,566.70
Consultants -0-
Travel -0-
Equipment -0-
Supplies/
Operating
Expense -0-
$38,566.70
$ 2,222.00 $-0- $40,788.70
-0- -0- -0-
1,400.00 -0- 1,400.00
-0- -0- -0-
6t385.88 3t600.00 9,985.88
$10,007.88 $3,600.00 $52,174.58
It was further advised that the local cash match was
included in the fiscal year 1991-92 Community Planning
budget, Account No. 001-052-8110-9536, in the amount of
$10,007.88, and was based upon the grant from the
previous year; that the in-kind match, in the amount of
$3,600.00, is available through the use of office space
rental in the Community Planning Office; that the local
match, cash and/or in-kind, must equal 25 per cent of the
total budget request; that the grant application has been
approved by the State; that state funding is in the
amount of $38,566.70, or 75 per cent of the total funding
request; and Council's acceptance of the grant award and
appropriation of the local cash match is required in
order for City officials to execute the required
documents.
The City Manager recommended that Council authorize
acceptance of the Department of Youth and Family Services
Grant No. 91-I-15; authorize appropriation of $48,574.58
to accounts to be established by the Director of Finance
for said program, with 75 per cent of the total grant
budget or $38,566.70 to be refunded by the Department of
Corrections; and authorize the transfer $10,007.88 from
the Community Planning budget, Account No. 001-052-8110-
9536, to said program as a part of the City's cash match
for operating purposes for fiscal year 1991-92.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30635-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 12.)
673
ACTION:
ACTION:
Mr. Harvey moved the adoption of Ordinance No.
30635-72291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ...... 6.
NAYS: None. -0.
(Council Member Bowers was absent.)
Mr. Harvey offered the following Resolution:
(#30636-72291) A RESOLUTION authorizing the
acceptance of a Delinquency Prevention and Youth
Development Act Grant made to the City of Roanoke by the
Commonwealth of Virginia Department of Youth and Family
Services, and authorizing the acceptance, execution and
filing of the "Special Conditions for Delinquency
Prevention and Youth Development Act Grant Awards" with
the Department of Youth and Family Services for this
grant.
(For full text of Resolution, see Resolution Book No. 53,
page 13.)
Mr. Harvey moved the adoption of Resolution No.
30636-72291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ....... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
REFUSE COLLECTION-RECYCLING: The City Manager
submitted a written report concurring in a report of a
bid committee with regard to the purchase of recycling
bins.
The bid committ~e advised that bids were received on
May 31, 1991, for recycling carts and bins to be used the
City's in ongoing recycling program; that on June 24,
1991, a bid committee report was presented to Council
with recommendations for award; and Council adopted
Resolution No. 30598-62491 accepting the bid of Zarn,
Inc., for 4,500 32-gallon recycling carts and the bid of
Piper Casepro for 3,000 recycling bins.
674
ACTION:
It was further advised that as provided in
Resolution No. 30598, requisition purchase orders were
issued to the respective vendors to purchase the
aforementioned items; that specifications for the
recycling bins stated that each bin would be
appropriately stamped with a serial number; that stamped
serial numbers are necessary in order to maintain proper
control and accountability of recycling bins; and the
City was notified by Piper Casepro that the stamping of
the serial number into the bins, as required, could not
be done at this time.
The bid committee recommended that Council authorize
the City Manager to cancel the purchase order which was
issued to Piper Casepro, in the amount of $12,600.00, and
authorize issuance of a new purchase order to Zarn, Inc.,
in the total amount of $13,290.00.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
(#30637-72291) A RESOLUTION canceling the purchase
order issued to Piper Casepro to provide 3,000 recycling
bins for the amount of $12,600.00, and authorizing the
issuance of a new purchase order to Zarn, Inc., for a
total amount of $13,290.00.
(For full text of Resolution, see Resolution Book No. 53,
page 14.)
Mr. White moved the adoption of Resolu'~lon No.
30637-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ......... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
DIRECTOR OF FINANCE:
BUDGET-CIVIC CENTER-SEWERS AND STORM DRAINS-WATER
DEPARTMENT: The Director of Finance submitted a written
report advising that at the close of fiscal year 1991,
budget funds were obligated for outstanding encumbrances;
that purchase orders or contracts were issued for goods
and services as of the close of fiscal year 1991, but
675
I.'
AC~fON:
delivery of goods, or performance of services have not
been completed; and reappropriation of certain funds will
bring forward unspent budget funds which were originally
appropriated and obligated contractually for goods and
services; and amounts of appropriations are as follows:
General Fund
Open encumbrances
$5,410,898.00
Water Fund
Open encumbrances
$ . 55,977.0. . _0
Sewage Fund
Open encumbrances
Civic Center Fund
Open encumbrances
$1,045,094.0~0
$ .... 13,405.00
Internal Service Fund
Open encumbrances
$ 162,056.00
The Director ~f Finance recommended that Council
reappropriate said funds to the current budget year in
order that certain expenditures may be properly
classified and liquidated.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30638-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 15.)
Mr. Harvey moved the adoption of Ordinance No.
30638-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
Mr. Harvey offered the following emergency budget
Ordinance:
ACTION:
ACTION:
(#30639-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 28.)
Mr. Harvey moved the adoption of Ordinance No.
30639-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ........ 6.
NAYS: None 0.
(Council Member Bowers was absent.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30640-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Sewage Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 28A.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30640-72291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ............. 6.
NAYS: None' 0.
(Council Member Bowers was absent.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30641-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Civic Center Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 29.)
Mr. Harvey moved the adoption of Ordinance No.
30741-72291. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
Grant No. 6596 -
$325,000.00 for the Special
Education Tuition Program to
provide funds for the placement
of special education students
at the direction of the State
Department of Education. The
Program will be reimbursed one
hundred per cent by State
funds.
Grant No. 6746
$157,087.00 for the 1991-92
Apprenticeship Program to
provide on-the-Job and class-
room vocational instruction for
students in the Apprenticeship
Program. The Program will be
reimbursed one hundred per cent
by State funds and fees paid by
participants.
Grant No. 6977
$785,556.00 for the 1991-92
Governor's School Program to
provide instruction in science
and math to high school
students. The Program will be
supported by State funds and
tuition collected from
participating school districts.
Grant No. 6978
$3,300.00 for the Teaching
Peace Grant to utilize a
donation from the Peace
Development Fund to support the
Roanoke City Schools conflict
resolution and dismantling
racism training program for
teachers.
The School Board further requested that Council
appropriate funds, in the amount of $46,670.00, to
provide for operation of two transit type buses for field
trip use by the schools, advising that funds will be
provided from fees charged to schools for actual bus use;
and appropriate $2,500,000.00 for renovation of Forest
Park Elementary School, advising that a Literary Fund
Loan has been approved for the project in the abovestated
amount.
(For full text, see communication on file in the City
Clerk's Office.)
ACTION:
A report of the Director of Finance advising that he
has reviewed the request of the School Board and
recommending that Council concur in said request, was
also before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30620-70891) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant, General and
Capital Projects Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 436.)
Mr. Harvey moved the adoption of Ordinance No.
30620-70891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles-and Mayor Taylor ................. 7.
NAYS: None 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BRIDGES: The City Manager submitted a written
report advising that the 1978 Surface Transportation Act
enacted by Congress requires that all bridges, including
"off Federal Aid System," structures, must be included in
the bi-annual inspection program; that Supplementary
Bridge Inspection Reports are required on 67 structures
in the City this year; that 41 structures (40 bridges and
one tunnel), are inspected annually while 27 structures
are inspected bi-annually; that the Federal Highway
Administration has established a new requirement that ail
existing bridges be screened for potential scour and take
appropriate remedial actions where a high potential for
scour exists; and a field evaluation for scour is
required on 45 in the City.
It was further advised that Engineering Services
Qualification Proposals for necessary technical
inspections and reports were publicly advertised and
received from Hayes, Seay, Mattern and Mattern, Inc.,
Mattern and Craig, Inc., and Anderson and Associates;
that selection of firms for consideration was based on
certain criteria; that interviews were held with the
three qualified firms; that negotiations were conducted
with Mattern & Craig, Inc., for necessary technical
inspections, reports, and scour screenings; and Mattern &
Craig, Inc., was selected as the most qualified firm due
to its past performance on bridge inspections, as well as
a proposal to provide the City with a priority schedule,
including cost estimates for any necessary repairs,
replacements or modifications.
It was explained that in-depth inspections are now
required by Federal and State Highway agencies relative
to a particular aspect of bridge inspection as a result
of catastrophic bridge failures in other states in recent
years; that under bridge inspections require more care to
detect possible erosion of support in waterways beneath
bridge structures; that many of the City's bridges which
are being inspected are above waterways, the majority of
which have structural supports underwater, that must be
analyzed physically and mathematically to determine
catastrophic scour potential; and scope of work to be
performed includes the following:
field investigations of 67 structures to
include pertinent roadway approaches,
waterway, piers and abutments, bearings,
stringers, beams, girders, decks, expansion
joints, curbs, sidewalks, bridge railing,
culverts and signing, with the Airport Tunnel
also to be inspected;
field investigations of 45 bridges for scour
potential to include review of available
construction plans, foundation borings, safety
inspection reports, maintenance history, maps
and photographs as well as an in-depth on-site
review;
bridge and culvert inspection reports and
field evaluation of scour potential reports to
be prepared with sketches and/or photographs
to adequately describe deficiencies and
problem areas; and
ACTION:
final inspection documents completed in
accordance with Federal, State and City
criteria regarding the bridge inspection
program, with all reports to be completed
before the end of 1991.
It was further explained that cost reimbursement fee
for engineering services is based on actual manhours used
to physically review each component of the 67 bridges and
one tunnel; that Mattern & Craig, Inc., in following this
billing procedure, offers reasonable manhour pay rates
and an acceptable cost ceiling; and declining costs, as
indicated below, are due to load rating analyses which
were required, with the majority performed in 1989 and
the remaining in 1990, and no load rating analyses are
required in 1991:
1989 Total Inspection Costs: $123,800.00
1990 Total Inspection Costs: $97,500.00
1991 Proposed Inspection Contract: $78,000.00
The City Manager recommended that Council award an
engineering services reimbursement, with cost ceiling
contract, to Mattern & Craig, Inc., subject to approval
by the City Attorney, in the amount of $78,000.00,
advising that funding is available for the contract from
the General Fund Fees For Professional Services,
Engineering, Account No. 001-052-4310-2010, and the
Airport Commission, upon approval by the Airport
Executive Director, and reimbursement will be requested
by the Engineering Department from the Airport upon
completion of the work.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following Resolution:
(#30621-70891) A RESOLUTION authorizing the City
Manager to enter into an engineering services
reimbursement, with cost ceiling contract, with a certain
engineering firm, providing for the performance of
certain bridge inspection services; and rejecting certain
other proposals.
(For full text of Resolution, see Resolution Book No. 52,
page 438.)
Mr. Bowers moved the adoption of Resolution No.
30621-70891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
635
i1
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None 0.
PARKS AND PLAYGROUNDS-TRAFFIC: The City Manager
submitted a written report advising that Council,
pursuant to Ordinance No. 16941 adopted on April 4, 1966~
designated the name Strauss Park and dedicated the area
for public park and recreational use; that Peters Creek
Road Extension was programmed by the Virginia Department
of Transportation (VDOT) in its Six-Year Improvement
Program, in accordance with Council's request on June 17,
1985, pursuant to Resolution No. 27613; and Council, at
its meeting on March 5, 1990, approved the alignment for
Peters Creek Road Extension, which included the need for
the roadway to pass through Strauss Park.
It was further advised that Strauss Park is one of
56 parks in the City of Roanoke; that its 25.871 acres
was acquired by the City in 1966 and lies on the westerly
side of Westside Boulevard, Just north of Shenandoah
Avenue, N. W.; that Peters Creek splits the park land
into two tracts; and the eastern half of Strauss Park
contains 11.098 acres and includes the park's
recreational facilities, which were purchased by the City
from Wilmont Realty Corporation and developed with HUD
Open Space Grant Funds.
It was explained that the western half of Strauss
Park contains 14.773 acres of steeply sloping terrain
which has not been used, nor is it any longer needed for
use as a public park; that this portion was a gift to the
City of Roanoke from Wilmont Realty Corporation for use
as a public park and public recreation area; that Mr.
Maury Strauss, former president of Wilmont Realty
Corporation, has agreed in writing to release said
property from the restriction that it be used as a public
park and public recreation area to the extent necessary
for highway right-of-~ay for construction of the project,
in a release under date of May 31, 1991; and no federal
or state funds were utilized in the original acquisition
or development of the portion of Strauss Park.
The City Manager pointed out that the Virginia
Department of Transportation's Environmental Quality
Division has requested, for purposes of completing the
Final Environmental Assessment, that Council, to the
extent possible, provide a resolution to convert the park
land required for construction from public park and
recreational use to highway right-of-way, based upon
alignment through the park which has been previously
636
ACTION:
recommended; that estimated amount of park land to be
converted to highway right-of-way is 3.8 acres for
permanent right-of-way; that an additional 3.0 acres will
be needed for a temporary construction easement which
will revert to park property upon project completion; and
a 3.4 acre area of park land will be separated from
existing park facilities, which area is located between
Spanish Trace Apartments and the proposed roadway,
leaving 15.6 acres remaining to the east.
The City Manager recommended that Council formally
determine that the land in Strauss Park required for
construction and highway right-of-way is no longer
necessary for public park purposes.
(For full text, see .report on file in the City Clerk's
Office.)
Mr. Musser moved that the following Ordinance be
placed upon its first reading:
(#30622) AN ORDINANCE releasing a portion of
Strauss Park from its dedication to public park and
recreational use.
(For full text of Ordinance, see Ordinance Book No. 53,
page 4.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ....... 7.
NAYS: None -0.
CITY ATTORNEY:
ELECTIONS-CIRCUIT COURT: The City Attorney
submitted a written report advising that the Honorable
Patsy Testerman, Clerk of the Circuit Court, has retired
effective July 2, 1991, and in this regard, S24.1-76(B),
Code of Virginia (1950), as amended, provides as follows:
"When a vacancy occurs in any elected county,
city, town or district office and no provision
is made for filling the same for the unexpired
portion of the term of office, the governing
body of the county, city or town shall, within
fifteen days of the occurrence of such
vacancy, petition the court to issue a writ of
election to fill such vacancy .... "
637
ACTION:
It was further advised that the writ of election
will order that an election be held at the next ensuing
general election which will be on November 5, 1991; that
the person elected to the Office of Clerk of Circuit
Court will serve for the unexpired portion of Ms.
Testerman's term; and Council may authorize the filing of
a Petition for Writ of Election with the Circuit Court,
which will allow the election to fill the vacancy created
by the retirement of Ms. Testerman to occur in compliance
with the provisions of the Code of Virginia.
The City Attorney recommended adoption of a
resolution authorizing the filing of a Petition for Writ
of Election with the Circuit Court with respect to the
vacancy in the Office of the Clerk of Circuit Court
created by the retirement of the Honorable Patsy
Testerman.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
(#30623-70891) A RESOLUTION authorizing the City
Attorney to file a Petition for Writ of Election with
respect to the vacancy in the Office of the Clerk of
Circuit Court created by the retirement of the Honorable
Patsy Testerman.
(For full text of Resolution, see Resolution Book No. 52,
page 438.)
Mr. White moved the adoption of Resolution No.
30623-70891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ...... 7.
NAYS: None, 0.
WATER DEPARTMENT-LEGISLATION: The City Attorney
submitted a written report advising that the United
States Congress is currently finalizing legislation
relating to the reduction of lead in drinking water; that
one version of legislation under consideration would
require the Environmental Protection Agency to set a
maximum contaminant level for lead at the homeowner's
tap; that current lead and other water standards are
monitored and enforced at the water meter, which is the
end point of the public water system; and such federal
requirement would cause numerous problems for the City of
638
Roanoke, including placing the City in the position of
being legally responsible for plumbing and fixtures
inside the homes of citizens and out of City control.
It was further advised that lead levels in drinking
water need to be reduced at locations where the lead
limit is above safe drinking water standards and the City
joins with other municipalities in urging appropriate
action to accomplish said goal; that the City
Administration, however, does not believe that having the
Federal Government set a maximum level for lead at the
homeowner's tap is the appropriate method of achieving
this goal; and, in addition to the obvious administrative
and liability concerns that such a standard would create,
the City would also face fines of up to $25,000.00 per
day for non-compliance under the Federal Safe Drinking
Water Act.
The City Attorney transmitted a resolution
expressing the City's opposition to establishment by the
Federal Government of a maximum contaminant level for
lead at the homeowner's tap in the City of Roanoke.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following Resolution:
(#30624-70891) A RESOLUTION expressing this
Council's opposition to establishment by the Federal
Government of a maximum contaminant level for lead at the
homeowner's tap in the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 52,
page 439.)
Mr. Harvey moved the adoption of Resolution No.
30624-70891. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None' 0.
BONDS-SCHOOLS: The City Attorney submitted a
written report advising that Council, at its regular
meeting on Tuesday, May 28, 1991, adopted an ordinance
authorizing the issuance of general obligation school
bonds, in an amount not to exceed $2,000,000.00, to fund
improvements at Crystal Spring Elementary School; and
bond counsel for the Virginia Public School Authority has
639
ACTION:
requested that the City and all other entities which are
participating in the bond program enact certain changes
in the measure authorizing issuance of the bonds.
It was further advised that the proposed amending
ordinance will change the principal and interest payment
dates from December 15 and June 15 to January 15 and July
15, respectively, of each year; that the ordinance
deletes, as inapplicable, the references to premiums on
the bonds, and further provides that the City shall
comply with the requirements of the Internal Revenue Code
so that interest on the bonds will be excludable from
gross income of the purchasers for Federal income tax
purposes.
The City Attorney transmitted a proposed Ordinance
for consideration by Council.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
Ordinance:
(#30625-70891) AN ORDINANCEamending and restating
certain provisions to an Ordinance authorizing the
issuance of not to exceed $2,000,000.00 General
Obligation School Bonds, Series of 1991, of the City of
Roanoke, Virginia; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 440.)
Mr. Fitzpatrick moved the adoption of Ordinance No~
30625-70891. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None 0.
REPORTS OF COMMITTEES:
SALE/PURCHASE OF PROPERTY-INDUSTRIES: Council
Member Elizabeth T. Bowles, Chair of the Water Resources
Committee, presented a written report on behalf of the
committee, with regard to execution of a lease agreement
with Mr. Paul Umbarger, representing Eagle Valley Ranch,
for lease of the approximately 140 acre "Douthat Farm",
being a portion of the Roanoke Centre for Industry and
Technology, for a term of five years.
640
A staff report advised that the "Douthat Farm" was
acquired by the City in October 1989; that Mr. A. Wade
Douthat leased the property back to provide himself with
time to acquire new property and vacate the premises;
that farming rights to the approximately 140 acre tract
were leased for $20.00 per acre per year; that pursuant
to the request of Mr..Douthat, the lease of the farm land
portion of property terminated on July 13, 1990; and at
the time, the lease of the house and cabin was extended
on a month-to-month basis, pursuant to Ordinance No.
30204-82790.
It was further advised that a purchase order was
issued on November 21, 1990, which engaged the services
of Eagle Valley Ranch, c/o Mr. Paul Umbarger, to provide
labor and materials to curtail vegetation growth to 12
inches for the period of November 15, 1990, through June
30, 1991, with the stipulation that the vendor will be
permitted to graze livestock, mow hay or till crops on
the property, and provide and maintain fencing to secure
livestock, assume all liability for damage to and by his
actions or actions of his livestock, machinery,
equipment, employees and guests, which purchase order
could be canceled upon 30 days notice.
It was noted that Eagle Valley Ranch has agreed that
when the term of the purchase order expires, they will
accept a month-to-month lease similar to that which was
given to Mr. Douthat, that involves installing,
maintaining, moving, and removing fencing, subject to
lease termination or leased area revision on a 30 day
notice basis, with the term of the purchase order to
expire on June 30, 1991.
The Water Resources Committee recommended that
Council authorize appropriate City officials to execute
a lease of the approximately 140 acre "Douthat Farm," a
portion of the Roanoke Centre of Industry and Technology,
to Eagle Valley Ranch, c/o Mr. Paul Umbarger, at a lease
fee of $20.00 per acre per year, for a five year term,
upon certain terms and conditions.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
ACTION:
(#30626) AN ORDINANCE authorizing the lease of
certain city-owned property to Paul Umbarger, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 5.)
The motion was seconded by Mr. Bowers and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowlesand Mayor Taylor-- 7.
NAYS: None 0.
SALE/PURCHASE OF PROPERTY-HEALTH DEPARTMENT:
Council Member Elizabeth T. Bowles, Chair of the Water
Resources Committee, presented a written report on behalf
of the committee, in connection with execution of a new
lease agreement with the State Department of Health for
the Health Center building located at Campbell Avenue and
Eighth Street, S. W., for a term of five years.
A staff report advised that Council authorized the
renewal of the lease of the Health Center facility to the
State Department of Health for a five year term from
duly 1, 1986, through June 30, 1991, pursuant to
Ordinance No. 28217, adopted on July 14, 1986; that State
law, enacted in 1980, eliminated automatically renewable
leases by state agencies; and the City's lease time limit
is five years without public advertisement and receipt of
bids.
It was further advised that the Health Center was
originally constructed in 1951 at a cost of $400,901.55,
using Federal Hill-Burton funds, with the City funding
33.5 per cent of said cost; that a new lease has been
submitted by the State Department of Health; that the
rate structure has remained the same as the fifth year of
the current term in the proposed new five year lease,
which produces $45,000.00 per year; and payment
reimburses the City for building maintenance costs.
The Water Resourceu Committee recommended that
Council authorize appropriate City officials to execute
a new five year lease agreement with the State Department
of Health for use of the Health Center facility.
(For full text, see reports on file in the City Clerk's
Office.)
ACTION:
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30627) AN ORDINANCE authorizing the lease of
certain city-owned property to the State Department of
Health, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 6.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None -0.
SALE/PURCHASE OF PROPERTY-SPECIAL PERMITS-BLUE
CROSS/BLUE SHIELD: Council Member Elizabeth T. Bowles,
Chair of the Water Resources Committee, presented a
written report on behalf of the committee, in connection
with execution of a lease agreement with Blue Cross and
Blue Shield of Virginia which would permit Blue Cross and
Blue Shield to'erect a new sign on the northwest corner
of Key Plaza.
A staff report advised that Blue Cross and Blue
Shield of Virginia is located on the southeast corner of
the intersection of South Jefferson Street and Franklin
Road, S. E.; and the landscaped plaza in front of the
building on Jefferson Street, known as Key Plaza,
described as Lot 3A, Downtown East, Official Tax No.
4016001, is owned and maintained by the City of Roanoke.
It was explained that paving and water leakage
problems have occurred on Key Plaza, which will require
the petitioner to use caution with installation of a sign
on the plaza; that a request has been received from Blue
Cross and Blue Shield of Virginia for permission to place
a 4'x 4'x 4' cube with lettering and logo on all four
sides on the northwest corner of Key Plaza approximately
15 feet from the right-of-way of South Jefferson Street
and approximately ten feet from the right-of-way of
Franklin Road, S. E.; that the sign will not be lighted;
and Blue Cross and Blue Shield will be required to comply
with all applicable regulations, including the sign
ordinance, etc.
643
ACTION:
The Water Resources Committee recommended that
Council authorize a month-to-month lease, subject to
approval by the City Attorney, permitting Blue Cross and
Blue Shield of Virginia to erect a new sign on City-owned
property on the northwest corner of Key Plaza, subject to
certain terms and conditions.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30628) AN ORDINANCE authorizing the lease of
certain city-owned property to Blue Cross and Blue Shield
of Virginia, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 6.)
The motion was seconded by Mr. Bowers and adopted by
the following vote:
AYES: Council. Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor- 7.
NAYS: None 0.
UNFINISHED BUSINESS:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
WATER DEPARTMENT: Ordinance No. 30614-70891
establishing a rate schedule for certain water rates and
related charges for services provided by the City,
effective August 1, 1991, July 1, 1992, and July 1, 1993,
as more fully set forth in attachment identified as
Attachment A, having previously been before the Council
for its first reading on Monday, June 24, 1991, read and
adopted on its first reading and laid over, was again
before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
(#30614-70891) AN ORDINANCE establishing a rate
schedule for certain water rates and related charges for
services provided by this City, effective August 1, 1991,
July 1, 1992, and July 1, 1993.
(For full text of Ordinance, see Ordinance Book No. 52,
page 434.)
644
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
30614-70891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ....... 7.
NAYS: None
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL. NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 10:40 p.m., the Mayor declared the meeting in
recess.
At 10:55 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None 0.
SCHOOLS (JEFFERSON HIGH SCHOOL COMMITTEE): The
Mayor advised that the one year terms of Ms. Vaunda
Leftwich and Messrs. Beverly T. Fitzpatrick, Sr., Horace
G. Fralin, Theodore J. Edlich, III, Richard A. Dearing,
and Warner N. Dalhouse as members of the Jefferson High
School Committee expired on June 30, 1991, and called for
nominations to fill the vacancies.
Mr. Harvey placed in the nomination the names of Ms.
Vaunda Leftwich, and Messrs. Beverly T. Fitzpatrick, Sr.,
Horace G. Fralin, Theodore J. Edlich, III, Richard A.
Dearing, and Warner N. Dalhouse.
645
ACTION:
ACTION:
There being no further nominations, Ms. Leftwich and
Messrs. Fitzpatrick, Fralin, Edlich, Dearing and Dalhouse
were reelected as members of the Jefferson High School
Committee for terms of one year each, ending June 30,
1992, by the following vote:
FOR MS. LEFTWICH, AND MESSRS. FITZPATRICK, FRALIN,
EDLICH, DEARING AND DALHOUSE: Council Members
Fitzpatrick, Harvey, Musser, White, Bowers, Bowles and
Mayor Taylor ............ 7.
PARKS AND PLAYGROUNDS (MILL MOUNTAIN DEVELOPMENT
COMMITTEE): The Mayor advised that the one year terms of
Ms. Betty C. Winfree, Ms. Frances S. Boon and Messrs.
Robert N. Fishburn, M. Carl Andrews, Carl H. Kopitzke and
L. Thompson Hanes as members of the Mill Mountain
Development Committee expired on June 30, 1991, and
called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Ms.
Betty C. Winfree, Ms. Frances S. Boon and Messrs.
Robert N. Fishburn, M. Carl Andrews, Carl H. Kopitzke and
L. Thompson Hanes.
There being no further nominations, Ms. Winfree, Ms.
Boon and Messrs. Fishburn, Andrews, Kopitzke and Hanes
were reelected as members of the Mill Mountain
Development Committee for terms of one year each, ending
June 30, 1992, by the following vote:
FOR MS. WINFREE, MS. BOON, AND MESSRS. FISHBURN,
ANDREWS, KOPITZKE .AND HANES: Council Members
Fitzpatrick, Harvey, Musser, White, Bowers, Bowles and
Mayor Taylor ........................................... 7.
WATER DEPARTMENT-LANDMARKS (ADVISORY COMMITTEE,
CRYSTAL SPRING PUMPING STATION): The Mayor advised that
the one year terms of Messrs. David H. Burrows, James N.
Kincanon, Philip H. Lemon, Richard L. Meagher, Thomas D
Taylor, Robert W. Woody, James H. Buck, Lawrence M.
Taylor, and Robert W. Boyd as members of the Advisory
Committee, Crystal Spring Pumping Station, expired on
June 30, 1991, that Messrs. James N. Kincanon and
Richard L. Meagher have declined to serve another term,
and called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Messrs.
David H. Burrows, Philip H. Lemon, Thomas D. Taylor,
Robert W. Woody, James H. Buck, Lawrence M. Taylor and
Robert W. Boyd.
646
ACTION:
ACTION:
ACTION:
ACTION:
There being no further nominations, Messrs. Burrows,
Lemon, Taylor, Woody, Buck, Taylor and Boyd were
reelected as members of the Advisory Committee, Crystal
Spring Pumping Station, for terms of one year each,
ending June 30, 1992, by the following vote:
FOR MESSRS. BURROWS, LEMON, TAYLOR, WOODY, BUCK,
TAYLOR AND BOYD: Council Members Fitzpatrick, Harvey,
Musser, White, Bowers, Bowles and Mayor Taylor ........ 7.
Mr. Harvey moved that the City residency requirement
for Mr. James H. Buck be waived in this instance. The
motion was seconded by Mr. Musser and unanimously
adopted.
SCHOOLS (VIRGINIA WESTERN COMMUNITY COLLEGE BOARD):
The Mayor advised that the four year term of Mr. A. Byron
Smith as a member of the Virginia Western Community
College Board expired on June 30, 1991, and called for
nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Mr.
A. Byron Smith.
There being no further nominations, Mr. Smith was
reelected as a member of the Virginia Western Community
College Board for a term of four years, ending June 30,
1995, by the following vote:
FOR MR. SMITH: Council Members Fitzpatrick, Harvey,
Musser, White, Bowers, Bowles and Mayor Taylor ........ 7.
INDUSTRIES-ECONOMIC DEVELOPMENT: The Mayor advised
that the three year term of Mr. William F. Hawkins as a
member of the Economic Development Commission expired on
June 30, 1991, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of Mr.
William F. Hawkins.
There being no further nominations, Mr. Hawkins was
reelected as a member of the Economic Development
Commission for a term of three years, ending June 30,
1994, by the following vote:
FOR MR. HAWKINS: Council Members Fitzpatrick,
Harvey, Musser, White, Bowers, Bowles and Mayor
Taylor ................ 7.
647
ACTION:
ACTION:
PLANNING (FIFTH PLANNING DISTRICT COMMISSION): The
Mayor advised that the three year terms of Mrs.
Elizabeth T. Bowles, and Messrs. John R. Marlles and
Beverly T. Fitzpatrick, Jr., as members of the Fifth
Planning District Commission expired on June 30, 1991,
and called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Mrs.
Elizabeth T. Bowles, and Messrs. John R. Marlles and
Beverly T. Fitzpatrigk, Jr.
There being no further nominations, Mrs. Bowles, and
Messrs. Marlles and Fitzpatrick were reelected as members
of the Fifth Planning District Commission for terms of
three years each, ending June 30, 1994, by the following
vote:
FOR MRS. BOWLES, AND MESSRS. MARLLES AND
FITZPATRICK: Council Members Fitzpatrick, Harvey,
Musser, White, Bowers, Bowles and Mayor Taylor-- 7.
ROANOKE ARTS COMMISSION: The Mayor advised that the
three year terms of Ms. Harriett M. Stokes and Messrs.
Timothy L. Jamieson and K~mper A. Dobbins as members of
the Roanoke Arts Commission expired on June 30, 1991, and
called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Ms.
Harriett M. Stokes and Messrs Timothy L. Jamieson and
Kemper A. Dobbins.
There being no further nominations, Ms. Stokes and
Messrs. Jamieson and Dobbins were reelected as members of
the Roanoke Arts Commission for terms of three years
each, ending June 30, 1994, by the following vote:
FOR MS. STOKES AND MESSRS. JAMIESON AND DOBBINS:
Council Members Fitzpatrick, Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor .... ' ...... 7.
PERSONNEL (PERSONNEL AND EMPLOYMENT PRACTICES
COMMISSION): The Mayor advised that the three year terms
of Ms. Mozelle A. Scott and Messrs. John R. Larew and
R. P. Shelor as members of the Personnel and Employment
Practices Commission expired on June 30, 1991, and called
for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Ms.
Mozelle A. Scott and Messrs. John R. Larew and R. P.
Shelor.
ACTION:
ACTION:
ACTION:
There being no further nominations, Ms. Scott and
Messrs. Larew and Shelor were reelected as members of the
Personnel and Employment Practices Commission for terms
of three years each, ending June 30, 1994, by the
following vote:
FOR MS. SCOTT ANDMESSRS. LAREWAND SHELOR:
Members Fitzpatrick, Harvey, Musser, White,
Bowles and Mayor Taylor ....................
Council
Bowers,
WAR MEMORIAL: The Mayor advised that the one year
terms of Messrs. Thomas R. Plymale, William B. Bagbey,
Alfred C. Moore and W. Robert Herbert as members of the
War Memorial Committee expired on June 30, 1991, that Mr.
Bagbey has declined to serve another term, and called for
nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Messrs.
Thomas R. Plymale, Alfred C. Moore and W. Robert Herbert.
There being no further nominations, Messrs. Plymale,
Moore and Herbert were reelected as members of the War
Memorial Committee for terms of one year each, ending
June 30, 1992, by the following vote:
FOR MESSRS. PLYMALE, MOORE AND HERBERT:
Members Fitzpatrick, Harvey, Musser, White,
Bowles and Mayor Taylor ................
Council
Bowers,
LIBRARIES (ROANOKE PUBLIC LIBRARY BOARD): The Mayor
advised that the three year term of Dr. Frank J. Eastburn
as a member of the Roanoke Public Library Board expired
on June 30, 1991, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of Dr.
Frank J. Eastburn.
There being no further nominations, Dr. Eastburn was
reelected as a member of the Roanoke Public Library Board
for a term of three years, ending June 30, 1994, by the
following vote:
FOR DR. EASTBURN: Council Members Fitzpatrick,
Harvey, Musser, White, Bowers, Bowles and Mayor
Taylor ..................... 7.
649
ACTION:
CELEBRATIONS (SPECIAL EVENTS COMMITTEE): The Mayor
advised that the one year terms of Ms. Carol B. Dalhouse,
Ms. Sabrina T. Law, Ms. Linn D. Chaff and Messrs. Ted H.
Key, Nelson Harris, Samuel G. Oakey, Jr., James C.
Butler, Marc J. Small, Lex P. Gibson and Greg Feldmann as
members of the Special Events Committee expired on
June 30, 1991, that Mr. Small has declined to serve
another term, and called for nominations to fill the
vacancies.
Mr. Harvey placed in nomination the names of Ms.
Carol B. Dalhouse, Ms. Sabrina T. Law, Ms. Llnn D. Chaff
and Messrs. Ted H. Key, Nelson Harris, Samuel G. Oakey,
Jr., James C. Butler, Lex P. Gibson and Greg Feldmann.
There being no further nominations, Ms. Dalhouse,
Ms. Law, Ms. Chaff and Messrs. Key, Harris, Oakey,
Butler, Gibson and Feldmann were reelected as members of
the Special Events Committee for terms of one year each,
ending June 30, 1992, by the following vote:
FOR MS. DALHOUSE, MS. LAW, MS. CHAFF AND MESSRS.
KEY, HARRIS, OAKEY, BUTLER, GIBSON ANDFELDMANN: Council
Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor--- . ...... 7.
FLOOD REDUCTION/CONTROL (FLOOD PLAIN COMMITTEE):
The Mayor advised that the one year terms of Messrs.
Harold L. Shaffer, Samuel J. Krisch, II, Edgar V.
Wheeler, Read A. Lunsford, J. T. Hopkins, Jr., Jim
Sailors, George L. Pitzer, James F. Williams, Robert H.
Bennett, Jr., and Terry N. Grimes as members of the Flood
Plain Committee expired on June 30, 1991, that Mr.
Sailors has declined to serve another term, and called
for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Messrs.
Harold L. Shaffer, Samuel J. Krisch, II, Edgar V.
Wheeler, Read A. Lunsford, J. T. Hopkins, Jr., George L.
Pitzer, James F. Williams, Robert H. Bennett, Jr., and
Terry N. Grimes.
There being no further nominations, Messrs. Shaffer,
Krisch, Wheeler, Lunsford, Hopkins, Pitzer, Williams,
Bennett and Grimes were reelected as members of the Flood
Plain Committee for terms of one year each, ending
June 30, 1992, by the following vote:
650
ACTION:
ACTION:
ACTION:
FOR MESSRS. SHAFFER, KRISCH, WHEELER, LUNSFORD,
HOPKINS, PITZER, WILLIAMS, BENNETT AND GRIMES: Council
Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor-- - ..... 7.
CITIZENS SERVICES COMMITTEE: The Mayor advised that
the one year terms of Ms. Bernice F. Jones, The Reverend
Frank W. Feather and Messrs. James D. Ritchie, Stanley R.
Hale, Harold P. Kyle, Raleigh Campbell and Alphonso
McCain as members of the Citizens' Services Committee
expired on June 30, 1991, and called for nominations to
fill the vacancies.
Mr. Harvey placed in nomination the names of Ms.
Bernice F. Jones, The Reverend Frank W. Feather and
Messrs. James D. Ritchie, Stanley R. Hale, Harold P.
Kyle, Raleigh Campbell and Alphonso McCain.
There being no further nominations, Ms. Jones,
Reverend Feather and Messrs. Ritchie, Hale, Kyle,
Campbell and McCain were reelected as members of the
Citizens Services Committee for terms of one year each,
ending June 30, 1992~ by the following vote:
FOR MS. JONES, REVEREND FEATHERANDMESSRS. RITCHIE,
HALE, KYLE, CAMPBELL AND MCCAIN: Council Members
Fitzpatrick, Harvey, Musser, White, Bowers, Bowles and
Mayor Taylor ....................... 7.
REFUSE COLLECTION (ROANOKE VALLEY REGIONAL SOLID
WASTE MANAGEMENT BOARD): The Mayor advised that the four
year term of Mr. Kit B. Kiser as a member of the Roanoke
Valley Regional Solid Waste Management Board will expire
on July 31, 1991, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of Mr.
Kit B. Kiser.
There being no further nominations, Mr. Kiser was
reelected as a member of the Roanoke Val-ley Regional
Solid Waste Management Board for a term of four years,
ending June 30, 1995, by the following vote:
FOR MR. KISER: Council Members Fitzpatrick, Harvey,
Musser, White, Bowers, Bowles and Mayor Taylor ........ 7.
651
ACTION:
COUNCIL: It being 11:00 p.m., which is the
automatic adjournment time for Council meetings, Mr.
Bowers moved that Council agree to extend the meeting
time until 11:30 p.m., in order to complete agenda items.
The motion was seconded by Mr. White and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ........ 7.
At 11:02 p.m., the Mayor declared the meeting in
recess.
At 11:30 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ...... 7.
NAYS: None
e
There being no further business, the Mayor declared
the meeting adjourned at 11:32 p.m.
APPROVED
ATTEST:
City Clerk
652
SPECIAL MEETING ROANOKE CITY COUNCIL
July 22, 1991
11:45 a.m.
The Council of the City of Roanoke met in special meeting
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
July 22, 1991, at 11:45 a.m., pursuant to Section 10, Meetings of
Council, of the Roanoke City Charter; and pursuant to communication
from the Mayor under date of July 22, 1991, with Mayor Noel C.
Taylor presiding.
PRESENT: Council Members Elizabeth T. Bowles, James G.
Harvey, II (arrived at 12:15 p.m., during the Executive Session),
Howard E. Musser, William White, Sr., and Mayor Noel C. Taylor--6.
ABSENT: Council Members David A. Bowers and Beverly T.
Fitzpatrick, Jr. -2.
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger, Director
of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Taylor.
The Mayor referred to the following communication
calling the special meeting of Council:
"July 18, 1991
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the
Charter of the City of Roanoke, I am calling a special
meeting of the Roanoke City Council on Monday, July 22,
1991, at 11:45 a.m., in the City Council Chamber, fourth
floor of the Municipal Building.
The purpose of the special meeting will be to convene in
Executive Session to discuss the following matter:
653
ACTION
ACTION:
A request of the City Manager to discuss
acquisition and disposition of real property,
specifically property to be acquired and
disposed of in connection with the development
of the Hotel Roanoke Project, pursuant to
Section 2.1-344(A)(3), Code of Virginia
(1950), as amended.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor, Mayor
City of Roanoke"
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Musser moved that Council convene in Executive
Session to discuss a matter with regard to acquisition
and disposition of real property, specifically property
to be acquired and disposed of in connection with the
development of the Hotel Roanoke Project, pursuant to
Section 2.1-344(A)(3), Code of Virginia (1950), as
amended. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowles, Musser, White and
Mayor Taylor ................. 4.
NAYS: None 0.
(Council Members Bowers and Fitzpatrick were absent.)
(Council Member Harvey had not entered the meeting.)
At 12:05 p.m., the Mayor declared the meeting in
recess.
At 1:57 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of Council
Members Bowers and Fitzpatrick.
COUNCIL: With respect to the Executive Session just
concluded, Mr. White moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
654
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White
and Mayor Taylor ...... ----5.
NAYS: None ........
----0o
(Council Members Bowers and Fitzpatrick were absent.)
There being no further business, the Mayor declared
the special meeting adjourned at 1:59 p.m.
APPROVED
City Clerk
Mayo~ ~
655
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
July 22, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
July 22, 1991, at 2:00 p.m., the regular meeting hour, with Mayor
Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members James G. Harvey, II, Howard E.
Musser, William White, Sr., Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., and Mayor Noel C. Taylor-- 6.
ABSENT: Council Member David A. Bowers
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Earl B. Reynolds, Jr., Assistant City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
George Stevenson, Pastor, East Gate Church of the Nazarene.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: The City
Manager advised that over the last six to eight months,
a number of City employees participated in Operation
Desert Shield/Desert Storm activities; whereupon, he
introduced the following employees and expressed
appreciation for their service to their country.
William E. Latham
Christopher O. Atkins
Thomas B. Bandy
Mark R. Nelson
Jeffrey S. Shawver
James E. Brabham
Wayne G. Miesen
Senior Police Officer
Police Officer
Police Officer
Emergency Medical
Services Technician
Building Inspector
Deputy Sheriff
Senior Police Officer
The Mayor presented each employee with a crystal
star which is symbolic of the Star on Mill Mountain, and
expressed appreciation on behalf of the City of Roanoke
for their sacrificial service to their country.
656
BID OPENINGS
AIRPORT-INDUSTRIES-STREETSANDALLEYS: Pursuant to
notice of advertisement for bids for Towne Square/Airport
Road improvements, said bids to be received by the City
Clerk until 1:30 p.m., on Monday, July 22, 1991, and to
be held, opened and read before the Council at 2:00 p.m.,
on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about
the advertisement for bids, and no representative present
raising any question, the Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the
city Clerk opened and read the following bids:
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
H & S Construction Company
S. R. Draper Paving Company
Adams Construction Company
Action Contracting Company, Inc.
$ 95,468.91
96,909.06
102,410.00
107,333.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Fitzpatrick and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairman, William F. Clark and George C. Snead, Jr., as
members of the committee.
PARKS AND PLAYGROUNDS-RECREATION DEPARTMENT:
Pursuant to notice of advertisement for bids for
construction of alterations and additions to the Grandin
Court Recreation Center, said bids to be received by the
City Clerk until 1:30 p.m., on Monday, July 22, 1991, and
to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the
matter may be heard, the Mayor asked if anyone had any
questions about the advertisement for bidz, and no
representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of
the bids; whereupon, the City Clerk opened and read the
following bids:
657
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
Williams Painting & Remodeling,
Inc.
Construction Services of Roanoke,
Inc.
D. Baker & Co., Inc.
Building Specialists, Inc.
Gardner-Smith, Inc.
S. H. Sewell & Co., Inc.
$49,000.00
58,480.00
59,895.00
59,900.00
63,670.00
?1,000.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Fitzpatrick and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairman, William F. Clark and George C. Snead, Jr., as
members of the committee.
TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY,
INC.: Mr. Theodore J. Edlich, III, Executive Director,
Total Action Against Poverty in Roanoke Valley, Inc.,
advised that for more than 15 years TAP has participated
in a Summer Youth Program which has been funded through
the Fifth Planning District Commission. Me asked that
representatives of the Summer Youth Journalism Project
stand and be recognized along with their sponsor, Ms.
Mercedes James.
CONSENT AGENDA:
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council; and specific legal matters
requirin9 the provision of legal advice by counsel, being
the terms and conditions of proposed agreements for
development of a regional landfill facility.
658
ACTION:
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344(A)(1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344(A)(1),
Code of Virginia (1950), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .................... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss specific legal matters
requiring the provision of legal advice by counsel, being
the terms and conditions of proposed agreements for
development of a regional landfill facility, pursuant to
Section 2.1-344(A)(7), Code of the Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the City Manager to convene in Executive
Session to discuss specific legal matters requiring the
provision of legal advice by counsel, being the terms and
conditions of proposed agreements for development of a
regional landfill facility, pursuant to Section 2.1-344
(A)(7), Code of Virginia (1950), as amended. The motion
was seconded by Mrs. Bowles and adopted by the following
vote:
659
,!
ACTION:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick anF Mayor Taylor ...... 6.
NAYS: None-
(Council Member Bowers was absent.)
TRAFFIC-HOUSING-LIBRARIES: A communication from
Council Member David A. Bowers with regard to
installation of pedestrian safety devices on Salem
Turnpike between the Lansdowne Housing neighborhood and
the Melrose Branch Library, was before Council.
Mr. Bowers advised that as Council's liaison to the
Roanoke Redevelopment and Housing Authority, he was
requested by the Board of Commissioners to request the
City's installation of a blinking light/don't walk light
or other safety device to be installed at said location.
He pointed out that the Housing Authority has an open
field beside the library which is located across the
street from the residential neighborhood; and children
are inclined to cross the street to visit the library or
to play in the area which is soon to become a Housing
Authority park.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the communication be
referred to the City Manager for study, report and
recommendation to Council by September 12, 1991. The
motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor--- 6.
NAYS: None 0.
(Council Member Bowers was absent.)
PENSIONS-CITY EMPLOYEES: A report of the Director
of Finance with regard to the results of the Voluntary
Retirement Incentive Program which was recently offered
to eligible City employees, was before Council.
660
It was advised that on April 15, 1991, Council
adopted an ordinance authorizing a Voluntary Retirement
Incentive Program; that implementation of the program
facilitated in the City's down-sizing effort, encouraged
possible reorganization and reduced future operating
costs; whereupon, Mr. Schlanger transmitted the following
information:
75 out of 124 eligible employees took advantage of
the program.
Of the 75 employees, 14 were females and 61 were
male.
Ages:
49 - 50 4
51 - 55 17
56 - 60 23
61 - 65 27
66 - 71 4
75
25 departments had at least one person retire, with
21 individuals retiring from the Fire Department.
By major functions, the breakout is as follows:
7 Utilities and Operations
2 Human Resources
20 Public Works
35 Administration and Public Safety
3 From Council-appointed offices
3 From Elected official offices
3 Airport Commission
1 Landfill
1 Civic Center
Of all 75 employees, there was a total of 2,277
years of dedicated service to the City of Roanoke,
with one employee having 48 years, and five months
of service.
Years of Service:
10 - 15 4
16 - 20 6
21 - 25 6
26 - 30 22
31 - 35 21
36 - 40 12
41 - 48 4
661
ACTION:
45 employees retired under the "New System" (ESRS)
and 30 retired from the "Old System" (ERS).
13 of the 75 employees were in what are considered
to be management positions.
It was explained that a further report on cost-
savings will come to Council at a later date when final
disposition of all 75 positions are dealt with.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the report be received
and filed. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ......... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
REAL ESTATE VALUATION (BOARD OF EQUALIZATION): A
communication from the Honorable Roy B. Willett, Judge,
Circuit Court, transmitting the 1991 Report of the Board
of Equalization, was before Council.
It was advised that the Board received 153 appeals,
which included 29 commercial and industrial appeals, 117
residential appeals, and seven withdrawals.
It was further advised that the Equalization Board
has requested and recommended continued access to
computer service; that future Equalization Boards must
continue to have separate office space from the Real
Estate Evaluation Office and has respectfully requested
that the City of Roanoke provide the Board with a room to
be assigned by March 1 of each year so that it may
commence its work as soon as the oaths of office of the
respective members are taken; and the room location which
was assigned this year worked quite well, therefor, it
was requested that Room 162 in the Municipal Building be
assigned to the Board again next year.
(For full text, see 'report on file in the City Clerk's
Office.)
662
ACTION
Mr. Fitzpatrick moved that the report be received
and filed, and referred to the City Manager for
appropriate response. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ...... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-COMMONWEALTH' S ATTORNEY-POLICE
DEPARTMENT: Mr. Milton R. Hancock, Sr., 3109 Melrose
Avenue, N. W., advised that he would like to apprise
Council of the denial of his constitutional rights by the
Commonwealths' Attorney's Office. He pointed out that
presently he has a suit pending in the Federal Court to
address these grievances. He complained about
dereliction of duty, false accusations, erroneous and
unsupported charges and attempted blackmail by the
Commonwealths' Attorney's Office. He charged the Police
Department with cruel and unjust punishment inflicted
upon citizens, unnecessary roughness while making
arrests, possible perjurious testimony, latent
discrimination in the handling of warrants and sun~monses,
and confiscation of Veterans Administration Medical
Center medicines.
Mr. Hancock read a prepared statement advising that
he served in World War II and he was treated more fairly
and more humanely while he was a prisoner of war of the
German Army than he was treated while he was a prisoner
in his own hometown of Roanoke, Virginia. He stated that
he was manhandled by certain members of the police force
while being arrested, even after he informed the
arresting officers that he suffered from a severe back
condition; that he was denied government prescribed pain
medication while he was a prisoner in the Roanoke City
Jail, and his medicine was confiscated by Roanoke City
Jail personnel.
Mr. Harvey moved that the matter be received and
filed. The motion was seconded by Mr. White and
unanimously adopted.
663
PETITIONS AND CO~I]~NICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting that Council appropriate
funds to the following school accounts, was before the
body.
Grant No. 6747 -
$146,947.00 for the Adult Basic
Education Program to provide
funds for the education of adults
who have not completed high
school. The Program will be
reimbursed by Federal funds with
matching funds from the Roanoke
City and Roanoke County Jails and
the Roanoke City Schools.
Grant No. 6748 -
$47,199.00 for the Marketing
Education Regional Coordinator
Program to provide funds for
expenses of the regional
coordinator. The Program will be
100 per cent reimbursed by State
funds.
Grant No. 6749 -
$9,150.00 for the GED Testing
Program to provide instructors
for the administration of the GED
examinations. The source of
funds will be student fees.
Grant No. 6979 -
$266,248.00 for the Project YES
Program to identify, assess,
evaluate, and provide assistance
for at-risk sixth and ninth grade
students who are potential
dropouts. The Program will be
100 per cent reimbursed by State
funds.
(For full text, see communication on file in the City
Clerk's Office.)
A report of the Director of Finance advising that
appropriate funding for the abovedescribed four grants is
in the Grant Fund; that said grants are funded with
Federal and State funds and fees; that in addition to the
funding sources, the Adult Basic Education grant will
receive a local match, in the amount of $22,600.00; that
664
ACTION:
funding for the localmatch is available in the Education
portion of the General Fund budget in Matching Funds,
Account No. 001-060-6001-6450-0588; and recommending that
Council concur in the request of the School Board, was
also before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30629-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant and General Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 7.)
Mrs. Bowles moved the adoption of Ordinance No.
30629-72291. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
REPORTS OF OFFICERS:
ClTY MANAGER:
BRIEFINGS:
POLICE DEPARTMENT-RECREATION DEPARTMENT-YOUTH: The
City Manager presented a briefing with regard to programs
that are intended to enhance police community relations
and opportunities for youth recreation, as well as other
programs which are sponsored, in part, by the City. He
pointed out that citizens are coming to understand that
helping Roanoke's youth is a job that must be undertaken
by all segments of the community, from neighborhood
groups to churches, from social service agencies to local
government, and from parents to friends and family. He
reviewed information with regard to current programs such
as the Summer Food Service Program, the Gary Clark Sports
Camp, various sporting events and activities, a Summer
Day Camp sponsored by the West End Community Center, a
Summer Day Camp sponsored by The Salvation Army, sporting
events sponsored by the Inner City Athletic Association,
66,5
summer camp sponsored by the Roanoke Museum of Fine Arts,
summer camp programs offered by the Y.M.C.A., and daytime
and Evening Bible Schools sponsored by area churches.
Mr. Herbert pointed out that the danger in citing a few
examples is that hundreds of programs are not mentioned.
He stated that the point he would like to make is that
there are resources and opportunities available for young
people in the Roanoke community to help them utilize
their time in a constructive manner, and a combined
approach of government, service agencies, neighborhoods,
churches and citizens must be reasoned out annually in
order to take on this enormous task.
Mr. M. David Hooper, Chief of Police, presented an
oral briefing on a new program which has been instituted
by the Police Department known as "Community Oriented
Policing Effort" or C.O.P.E. He advised that during
1989-90 budget study, the City Manager made Council aware
of the fact that calls for police service were
increasing; that police officers did not have the time to
cover all of the calls that they would like to cover; and
the City Manager recommended and Council authorized ten
additional police officers for patrol in certain
specialized service. He pointed out that calls have
continued to increase at the rate over the past three
years of close to 20 per cent; therefore, it became
obvious that something needed to be done differently. He
explained that during the early part of this year, he met
with members of the Police Department assigned to work in
the high-call districts to talk about what could be done
within existing resources to not only address the problem
of the increase in calls, but to address the quality of
life of those persons who generate many of the calls. He
stated that a plan was developed for an impact team in
which selected police officers would break away from
their daily routines and go into specific areas to not
only let their presence be known, but to offer to the
citizens of that area an opportunity to work with police
officers in an effort to develop identification of
certain problems, from not only the perspective of the
police officer, but from the point of view of the
citizen. He advised that often times when the Police
Department sees a problem, it is not always what the
citizen perceives as the problem. Secondly, he pointed
out that the program is intended to help bridge the gap
of understanding or misunderstanding as to what the
Police Department does, how they do it, why they do it
and why certain actions are necessary. He stated that in
order for police officers to effectively communicate this
information, it is necessary for officers and citizens to
know each other; therefore, he noted that the idea of the
impact team was developed with the use of eight police
666
officers and a sergeant who would be provided with the
opportunity to work flexible hours based upon specific
needs and the impact team would have the opportunity to
recruit the resources of every city department and
service agency in order to effectively deal with problems
and reach solutions. He advised that the program is
problem-oriented and could serve as a method of changing
certain basic thoughts that may reduce the number of
calls for service. He stated that the Lincoln Terrace
and Hunt Avenue areas were selected for the first phase
of the program which will commence on August 1, 1991;
that personnel proposed to enter the training program
will be seleceed next week and at the end of the training
program, eight police officers will be selected to
participate in the "Community Oriented Policing Effort"
C.O.P.E.
Mrs. Bowles moved that the oral remarks of the City
Manager and Chief Hooper be received and filed. The
motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
At 3:25 p.m., the Mayor declared the meeting in
recess.
At 3:40 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS: The City Manager submitted a written
report advising that the City of Roanoke was notified of
a Local Government Challenge Grant available through the
Virginia Commission for the Arts; that grant funds are
available on a 50 - 50 matching basis, with 50 per cent
state and 50 per cent local; and application for said
grant was made at the request of the Arts Council of
Roanoke Valley, Roanoke Symphony Orchestra, and Mill
Mountain Theatre.
It was further advised that notification by the
Commission for the Arts has been received that a grant,
in the amount of $2,400.00, is available; that the grant
will supplement funds already appropriated from the City
to the organization through the Citizens Services
Committee; that local funds will meet the 50 - 50 match;
and grant funds, in the amount of $2,400.00, will be
distributed as follows: Arts Council of Roanoke Valley -
$800.00, Roanoke Symphony Orchestra - $800.00, and Mill
Mountain Theatre - $800.00.
66 7
ACTION:
ACTION:
The City Manager recommended that he, or his
designee, be authorized to execute the Local Government
Challenge Grant from the Virginia Commission for the Arts
on behalf of the City of Roanoke; and that funds be
appropriated to an account to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30630-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 9.)
Mr. White moved the adoption of Ordinance No. 30630-
72291. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .... 6.
NAYS: None-
(Council Member Bowers was absent.)
Mr. White offered the following Resolution:
(#30631-72291) A RESOLUTION authorizing the
acceptance of a grant from the Virginia Commission for
the Arts.
(For full text of Resolution, see Resolution Book No. 52,
page 10.)
Mr. White moved the adoption of Resolution No.
30631-72291. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Councti Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
668
BUDGET-HEALTH DEPARTMENT-SCHOOLS: The City Manager
submitted a written report advising that preventive
health care services are limited to many school-aged
children in Roanoke City due to the inability of their
families to pay the costs of medical care; that
approximately 40 per cent of Roanoke City School
population is considered economically disadvantaged; and
the Six Year Plan of the Roanoke City Health Department
noted that the Health Department and Roanoke City Public
Schools should increase their collaboratiue efforts to
implement school health programs in a more efficient and
effective manner.
It was further advised that the need for a school
health coordinator was identified in November 1988 by the
Roanoke City School Health Advisory Committee which is
composed of citizens and representatives of the Health
Department and Roanoke City Schools; and a coordinated
school health program to meet the health needs of
children and youth enrolled in the Roanoke City Public
School system has been implemented by the Health
Department, Roanoke City Schools and the Office of
Director of Human Resources.
It was explained that Council appropriated
$22,071.00 from state and local hospitalization and City
Health Department Subsidies last year for the school
health nurse supervisor position; that the City's school
health program is comprehensive and includes basic
preventative health care services, abnormal finding
follow-up, counseling and referral services; and a part-
time school health nurse supervisor was hired by the
Health Department in December 1989 to provide program
coordination and supervision for the five part-time
Chapter I nurses employed by Roanoke City Schools and the
public health nurses assigned to schools.
It was pointed out that the Health Department
requested $25,545.00 to continue the program for 1991-92;
that funding for the position of school health nurse
supervisor was not included in the 1991-92 budget,
however, the position has been continued with funds from
the Health Department budget for other programs on a
month-to-month, part-time basis, pending identification
of funds to support said position; that $22,223.00 is now
available in the State and Local Hospitalization account
to help continue funding the school health program for
1991-92; and during budget preparation, the State
669
ACTION=
informed the City that $111,442.00 in local funds would
be required for the State and Local Hospitalization
Program, however, the City was notified on July 8, 1991,
that only $89,219.00 would be required for said program.
The City Manager recommended that Council authorize
the transfer of $22,223.00 from Account No. 001-054-5330-
2010 to Roanoke City Health Department, Account No. 001-
054-5110-2017, for the purpose of continuing the part-
time position of school health nurse supervisor.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30632-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 11.)
Mrs. Bowles moved the adoption of Ordinance No.
30632-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor--- 6.
NAYS: None 0.
(Council Member Bowers was absent.)
FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM:
The City Manager submitted a written report advising that
the City of Roanoke has been designated as the grant
recipient of funds under the Job Training Partnership
Act; that by agreement of the localities in the Fifth
Planning District, the City of Roanoke acts as fiscal
depository of all Consortium funds; and the Fifth
Planning District has been designated as a service
delivery area by the Governor of Virginia.
It was further advised that the Governor's
Employment and Training Department requires that an
agreement be executed by the Policy Board of the Fifth
District Employment and Training Consortium, the Private
Industry Council and the City, as the depository of
funds; that an agreement, which has not changed from last
year, primarily clarifies the roles, responsibilities,
6 70
ACTION:
and liability of the Policy Board, the Private Industry
Council, and the grant recipient (City of Roanoke); and
authority by Council to execute appropriate documents is
necessary.
The City Manager recommended that he be authorized
to execute an agreement with the Policy Board of the
Fifth District Employment and Training Consortium and the
Private Industry Council for Program Year 1991-1992.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30633-72291) A RESOLUTION authorizing the
execution of an agreement by and between the City, the
Governor's Employment and Training Consortium, and the
Fifth District Employment and Training Consortium's
Private Industry Council.
(For full text of Resolution, see Resolution Book No. 53,
page 11.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30633-72291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .................. 6.
NAYS: None --0.
(Council Member Bowers was absent.)
SPECIAL PERMITS: The City Manager submitted a
written report advising that Council has, in the past,
granted permission to various civic groups and the United
Way of Roanoke Valley to hang flags from street lighting
poles within the downtown area; that pursuant to
communication under date of June 18, 1991, Ms. Linda L.
Holsinger, Vice President, Marketing and Communications
for the United Way of Roanoke Valley, has requested
permission to fly approximately 100 three foot by five
foot United Way flags from street lighting poles in the
Central Business District of downtown Roanoke during the
month of September 1991; and the Vietnam Veterans of
America organization has received ongoing authorization
from Council to fly American flags from downtown street
lighting standards on certain designated holidays, with
September 2, 1991, Labor Day, being one of said
designated holidays.
ACTION:
The City Manager recommended that Council adopt the
appropriate measure issuing a revocable permit to the
United Way of Roanoke Valley to fly United Way flags from
street lighting poles in the Central Business District of
downtown Roanoke, from September 3, 1991, through
September 30, 1991, which will avoid any conflict with
Vietnam Veterans on Labor Day, and is agreeable with the
United Way.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that the following Ordinance be
placed upon its first reading:
(#30634) AN ORDINANCE granting to the United Way
of Roanoke Valley, Inc., a revocable permit to mount
certain flags on street lighting poles in the Central
Business District of the City, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 32.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Bowe~s was absent.)
GRANTS-YOUTH: The City Manager submitted a written
report advising that a youth grant was first officially
awarded to the City under the Virginia Delinquency
Prevention and Youth Act on June 17, 1980; that fiscal
year 1991-92 youth grant application was submitted to the
Department of Youth and Family Services on May 15, 1991;
that the grant will provide for continuation of
coordinated planning and program implementation for the
Office on Youth; and fiscal year 1991-92 grant budget is
as follows:
672
Budget
Category
State Funds
Local Match
Cash In-Kind Total
Personnel $38,566.70
Consultants -0-
Travel -0-
Equipment -0-
Supplies/
Operating
Expense -0-
$38,566.70
$ 2,222.00 $-0- $40,788.70
-0- -0- -0-
1,400.00 -0- 1,400.00
-0- -0- -0-
6~385.88 3,600.00 9,985.88
$'~0,007.88 $3,600.00 $52,174.58
It was further advised that the local cash match was
included in the fiscal year 1991-92 Community Planning
budget, Account No. 001-052-8110-9536, in the amount of
$10,007.88, and was based upon the grant from the
previous year; that the in-kind match, in the amount of
$3,600.00, is available through the use of office space
rental in the Community Planning Office; that the local
match, cash and/or in-kind, must equal 25 per cent of the
total budget request; that the grant application has been
approved by the State; that state funding is in the
amount of $38,566.70, or 75 per cent of the total funding
request; and Council's acceptance of the grant award and
appropriation of the local cash match is required in
order for City officials to execute the required
documents.
The City Manager recommended that Council authorize
acceptance of the Department of Youth and Family Services
Grant No. 91-I-15; authorize appropriation of $48,574.58
to accounts to be established by the Director of Finance
for said program, with 75 per cent of the total grant
budget or $38,566.70 to be refunded by the Department of
Corrections; and authorize the transfer $10,007.88 from
the Community Planning budget, Account No. 001-052-8110-
9536, to said program as a part of the City's cash match
for operating purposes for fiscal year 1991-92.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30635-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 12.)
673
ACTION:
ACTION:
Mr. Harvey moved the adoption of Ordinance No.
30635-72291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey,
Bowles, Fitzpatrick and Mayor Taylor-
Musser, White,
6.
NAYS: None ---0.
(Council Member Bowers was absent.)
Mr. Harvey offered the following Resolution:
(#30636-72291) A RESOLUTION authorizing the
acceptance of a Delinquency Prevention and Youth
Development Act Grant made to the City of Roanoke by the
Commonwealth of Virginia Department of Youth and Family
Services, and authorizing the acceptance, execution and
filing of the "Special Conditions for Delinquency
Prevention and Youth Development Act Grant Awards" with
the Department of Youth and Family Services for this
grant.
(For full text of Resolution, see Resolution Book No. 53,
page 13.)
Mr. Harvey moved the adoption of Resolution No.
30636-72291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .................. 6.
NAYS: None 0.
(Council Member Bowers was absent.)
REFUSE COLLECTION-RECYCLING: The City Manager
submitted a written report concurring in a report of a
bid committee with regard to the purchase of recycling
bins.
The bid committ~e advised that bids were received on
May 31, 1991, for recycling carts and bins to be used the
City's in ongoing recycling program; that on June 24,
1991, a bid committee report was presented to Council
with recommendations for award; and Council adopted
Resolution No. 30598-62491 accepting the bid of Zarn,
Inc., for 4,500 32-gallon recycling carts and the bid of
Piper Casepro for 3,000 recycling bins.
674
ACTION:
It was further advised that as provided in
Resolution No. 30598, requisition purchase orders were
issued to the respective vendors to purchase the
aforementioned items; that specifications for the
recycling bins stated that each bin would be
appropriately stamped with a serial number; that stamped
serial numbers are necessary in order to maintain proper
control and accountability of recycling bins; and the
City was notified by Piper Casepro that the stamping of
the serial number into the bins, as required, could not
be done at this time.
The bid committee recommended that Council authorize
the City Manager to cancel the purchase order which was
issued to Piper Casepro, in the amount of $12,600.00, and
authorize issuance of a new purchase order to Zarn, Inc.,
in the total amount of $13,290.00.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
(#30637-72291) A RESOLUTION canceling the purchase
order issued to Piper Casepro to provide 3,000 recycling
bins for the amount of $12,600.00, and authorizing the
issuance of a new purchase order to Zarn, Inc., for a
total amount of $13,290.00.
(For full text of Resolution, see Resolution Book No. 53,
page 14.)
Mr. White moved the adoption of Resolution No.
30637-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .......... 6.
NAYS: None' 0.
(Council Member Bowers was absent.)
DIRECTOR OF FINANCE:
BUDGET-CIVIC CENTER-SEWERS AND STORM DRAINS-WATER
DEPARTMENT: The Director of Finance submitted a written
report advising that at the close of fiscal year 1991,
budget funds were obligated for outstanding encumbrances;
that purchase orders or contracts were issued for goods
and services as of the close of fiscal year 1991, but
I
ACTION:
delivery of goods, or performance of services have not
been completed; and reappropriation of certain funds will
bring forward unspent budget funds which were originally
appropriated and obligated contractually for goods and
services; and amounts of appropriations are as follows:
General Fund
Open encumbrances
$5,410,898.00,
Water Fund
Open encumbrances
$., 55,9,77.o =
Sewage Fund
Open encumbrances
$1,945,094..00_
Civic Center Fund
Open encumbrances
~ !3,405.0Q
Internal Service Fund
Open encumbrances ~ 162,056~0g
The Director of Finance recommended that Council
reappropriate said funds to the current budget year in
order that certain expenditures may be properly
classified and liquidated.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30638-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 15.)
Mr. Harvey moved the adoption of Ordinance No.
30638-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ................... 6.
NAYS: None O.
(Council Member Bowers was absent.)
Mr. Harvey offered the following emergency budget
Ordinance:
ACTION:
ACTION:
(#30639-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 28.)
Mr. Harvey moved the adoption of Ordinance No.
30639-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ........ 6.
NAYS: None 0.
(Council Member Bowers was absent. )
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30640-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Sewage Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 28A.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30640-72291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ........ 6.
NAYS: None 0.
(Council Member Bowers was absent.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30641-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Civic Center Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 29.)
Mr. Harvey moved the adoption of Ordinance No.
30741-72291. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
ACTION:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ...... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30642-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Internal Service Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 30.)
Mr. Harvey moved the adoption of Ordinance No.
30642-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
TAXES: A written report of the Director of
Finance, City Attorney, City Treasurer and Commissioner
of Revenue in connection with certain amendments to the
City Code with regard to proration of personal property
taxes, was before Council.
It was advised that the fiscal year 1990-91 annual
budget recommended to Council that a personal property
tax proration system applicable to motor vehicles,
trailers, and boats be established, effective January 1,
1991; that it was anticipated that proration would
generate additional annual revenue in the amount of
$365,205.00; that pursuant to Ordinance No. 30028-51490,
Council amended the City Code to provide for proration of
personal property taxes; and the City's first proration
personal property tax deadline was completed on May 31~
1991, and the Treasurer and Commissioner of Revenue agree
that certain fine tuning of the personal property tax
ordinance is necessary in order to equitably administer
the assessment and collection of personal property taxes.
678
It was explained that the City Attorney has
reviewed the following three proposed amendments, and it
is recommended that Section 32-108.1, Proration of
Personal Property Tax - Generally, of the Code of the
City of Roanoke (1979), as amended, be amended, to
reflect said proposed changes, effective September 1,
1991:
Eliminate boats as personal property to be taxed
on a prorated basis. The Counties of Roanoke,
Bedford and Franklin exclude boats as personal
property taxed on a proration basis. The City of
Roanoke is required to refund taxes paid under
proration if boats are transferred to these
counties, but boats transferred to the City of
Roanoke may not be legally taxed if current year
taxes were paid in another locality. The annual
amount of personal property tax received on boats
is only .15 per cent of the tax levy.
Ten per cent filing penalty shall be assessed by
the Commissioner of Revenue if personal property
return is not filed with the Commissioner of
Revenue 30 days from Division of Motor Vehicles
registration date. Currently the City Code
requires filing within 30 days of the purchase of
property or its acquisition of tax situs in the
City. Use of registration date will simplify
enforcement. The ten per cent non-filing penalty
shall be applied under the proration system, which
is the same penalty for delinquent filing applied
after the February 15 annual deadline.
Personal property tax shall be paid to the
Treasurer within 60 days from registration date of
personal property ownership. Present wording in
the ordinance states that the tax shall be due 30
days after the tax bill is issued. If the
taxpayer, however, does not file a timely return
with the Commissioner of Revenue, the Treasurer
cannot issue a timely tax bill.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
679
ACTION:
(#30643) AN ORDINANCE amending and reordaining
§32-108.1, Proration of personal property tax generally,
Code of the City of Roanoke (1979), as amended, to delete
boats from the categories of personal property subject to
proration, effective January 1, 1992; to require that the
owner or purchaser of property subject to proration
declare such property with the Commissioner of Revenue
within thirty (30) days of the property registration date
with the State Department of Motor Vehicles; to establish
penalties and interest with respect to any owner or
purchaser who shall fail to so declare property; to
provide that prorated personal property tax shall be due
and payable within sixty (60) days of the registration
date of such property or May 31 of the tax year,
whichever shall occur later; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 53,
page 33.)
The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Harvey,
Bowles, Fitzpatrick and Mayor Taylor-
NAYS: None
Musser, White,
6.
®
(Council Member Bowers was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
CITY CODE-ZONING-ANIMALS: Ordinance No. 30617-
72291 amending 936.1-25, Definitions, and 936.1-271,
Special exception uses, of Chapter 36.1, Zoning, of the
Code of the City of Roanoke (1979), as amended, by the
addition of a new subsection (3), such amendment and
addition relating to animal shelters and special
exception uses in the HM, Heavy Manufacturing District,
respectively, having previously been before the Council
for its first reading on Monday, July 8, 1991, read and
adopted on its first reading and laid over, was again
before the body, Mr. White offering the following for its
second reading and final adoption:
ACTION:
ACTION:
(#30617-72291) AN ORDINANCE amending S36.1-25,
Definitions, and S36.1-271, Special exception uses, of
Chapter 36.1, Zoning, of the Code of the City of Roanoke
(1979), as amended, by the addition of a new subsection
(3), such amendment and addition relating to animal
shelters and special exception uses in the HM, Heavy
Manufacturing District, respectively.
(For full text of Ordinance, see Ordinance Book No. 53,
page 1.)
Mr. White moved the adoption of Ordinance No.
30617-72291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor- 6.
NAYS: None -0.
(Council Member Bowers was absent.)
STREETS AND ALLEYS: Ordinance No. 30618-72291
permanently vacating, discontinuing, and closing a
portion of Marshall Avenue, S. W., extending westerly
approximately 750 feet from its intersection with
Franklin Road to its intersection with an extension of
the westerly line of Fourth Street, S.W., having
previously been before the Council for its first reading
on Monday, July 8, 1991, read and adopted on its first
reading and laid over, was again before the body, Mrs.
Bowles offering the following for its second ~eading and
final adoption:
(#30618-72291) AN ORDiNANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 2.)
Mrs. Bowles moved the adoption of Ordinance No.
30618-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
%.,%_/ ~
ACTION:
AYES: Council Members Musser,
Fitzpatrick and Mayor Taylor-
NAYS: None-
(Council Member Bowers was absent.)
Harvey abstained from voting.)
White, Bowles,
.......
(council Member
PARKS AND PLAYGROUNDS-TRAFFIC: Ordinance No.
30622-72291 releasing a portion of Strauss Park from its
dedication to public park and recreational use, which 3.8
acres are needed for construction of the Peters Creek
Road Extension Project, having previously been before the
Council for its first reading on Monday, July 8, 1991,
read and adopted on its first reading and laid over, was
again before the body, Mr. Fitzpatrick offering the
following for its second reading and final adoption:
(#30622-72291) AN ORDINANCE releasing a portion
of Strauss Park from its dedication to public park and
recreational use.
(For full text of Ordinance, see Ordinance Book No. 53,
page 4.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30622-72291. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Councfl Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor-- - ...... 6.
NAYS: None
(Council Member Bowers was absent.)
SALE/PURCHASE OF PROPERTY-INDUSTRIES: Ordinance
No. 30626-72291 authorizing the lease of an approximate
140 acre portion of the Roanoke Centre for Industry and
Technology to Paul Umbarger, at a lease fee of $20.00 per
acre per year for a term of five years, having previously
been before the Council for its first reading on Monday,
July 8, 1991, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final
adoption:
ACTION:
ACTION:
(#30626-72291) AN ORDINANCE authorizing the lease
of certain city-owned property to Paul U~barger, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 5.)
Mrs. Bowles moved the adoption of Ordinance No.
30626-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Ma,'or Taylor- 6.
NAYS: None ............
-0.
(Council Member Bowers was absent.)
SALE/PURCHASE OF PROPERTY-HEALTH DEPARTMENT:
Ordinance No. 30627-72291 authorizing a lease agreement
with the State Department of Health for the Health Center
Building located on the southwest corner of Campbell
Avenue and Eighth Street, S. W., for a term of five
years, at a rental rate of $45,000.00 per year, having
previously been before the Council for its first reading
on Monday, July 8, 1991, read and adopted on its first
reading and laid over, was again before the body, Mr.
Fitzpatrick offering the following for its second reading
and final adoption:
(#30627-72291) AN ORDINANCE authorizing the lease
of certain city-owned property to the State Department of
Health, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 6.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30627-72291. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ....... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
ACTION:
SALE/PURCHASE OF PROPERTY-BLUE CROSS/BLUE SHIELD OF
VIRGINIA-SPECIAL PE9~ITS: Ordinance No. 30628-72291
authorizing a lease agreement with Blue Cross and Blue
Shield of Virginia for placement of a 4'x4'x4' cube on
the northwest corner of Key Plaza approximately 15 feet
from the right-of-way of South Jefferson Street and
approximately ten feet from the right-of-way of Franklin
Road, S. E., on a month-to-month agreement at no charge,
upon certain terms and conditions, having previously been
before the Council for its first reading on Monday,
July 8, 1991, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final
adoption:
(#30628-72291) AN ORDINANCE authorizing the lease
of certain city-owned property to Blue Cross and Blue
Shield of Virginia, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 6.)
Mrs. Bowles moved the adoption of Ordinance No.
30628-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor- 6.
NAYS: None 0.
(Council Member Bowers was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYORANDMEMBERS
OF CITY COUNCIL. NONE.
OTHER HEARINGS OF CITIZENS:
ZONING-COMPLAINTS: Ms. Velma C. Midkiff, 4514
Surrey Avenue, N. W., appeared before Council and
presented a petition signed by 72 persons expressing
displeasure with regard to a decision rendered by the
Board of Zoning Appeals to permit the Embassy Motor Lodge
which is located at 4525 Melrose Avenue, N. W., to be
used as a half-way house for federal, state and local
prisoners. She advised that residents are of the opinion
that the decision was made without the best interest of
the community in mind. She pointed out that the area is
a family oriented neighborhood and residents felt safe in
letting their children play outside, however, this
freedom is being taken away by location of a half-way
house for non-violent offenders in close proximity to
their homes. She stated that residents feel that matters
of this nature are in violation of their freedom, and
they would like for the decision of the Board of Zoning
Ap~3als to be reversed.
Upon question, the City Attorney advised that the
Board of Zoning Appeals acted on a request for special
exception and Council had nothing to do with the Board's
decision. He stated that pursuant to provisions of the
City Code, any aggrieved party may challenge a decision
of the Board of Zoning Appeals by filing a petition with
the Circuit Court within 30 days of the date of the
decision handed down by the Board. He added that Council
has no Jurisdiction with respect to decisions rendered by
the Board of Zoning Appeals.
At 4:10 p.m., the Mayor declared the meeting in
recess.
At 5:35 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
ACTION: COUNCIL: With respect to the Executive Session
Just concluded, Mr. White moved that each Member of City
Council certify to the best of his or her knowledge that
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ....... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
YOUTH: The Ma~or advised that the three year terms
of Ms. Rebecca L. Carter, Ms. Elsie A. Anderson, Ms.
S. Elaina Loritts, Ms. Katherine M. McCain, Mr.
Charles A. Karr, Mr. Ulas N. Broady, Ms. Harriet A.
Vance, Ms. Anneke N. Samuel and Mr. Robert L. Hopkins as
members of the Youth Services Citizen Board expired on
May 31, 1991; that Ms. Carter and Mr. Hopkins have
declined to serve another term; that Mr. Karr is no
685
ACTION:
ACTION:
longer employed by the Youth Bureau of the Police
Department, therefore, he is ineligible for
reappointment; that Ms. Vance and Ms. Samuel are no
longer students of the Roanoke City School system,
therefore, they are ineligible for reappointment; and
called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Ms.
Elsie A. Anderson, Ms. S. Elaina Loritts and Ms.
Katherine M. McCain.
There being no further nominations, Ms. Anderson,
Ms. Loritts and Ms. McCain were reelected as members of
the Youth Services Citizen Board for terms of three y~ars
each, ending May 31, 1994, by the following vote:
FOR MS. ANDERSON, MS. LORITTS AND MS. MCCAIN:
Council Members Fitzpatrick, Harvey, Musser, White,
Bowles and Mayor Taylor ...... 6.
(Council Member Bowers was absent.)
CELEBRATIONS (SPECIAL EVENTS): The Mayor advised
that the one year terms of Ms. Carol B. Dalhouse, Ms.
Mary E. Kepley, Ms. Virginia C. Nave and Messrs. James C.
Butler and Lex P. Gibson as members of the Special Events
Committee expired on June 30, 1991; that Ms. Nave has
declined to serve another term; and called for
nominations to fill the vacancies.
Mr. White placed in nomination the names of Ms.
Carol B. Dalhouse, Ms. Mary E. Kepley and Messrs.
James C. Butler and Lex P. Gibson.
There being no further nominations, Ms. Dulhouse,
Ms. Kepley and Messrs. Butler and Gibson were reelected
as members of the Special Events Committee for terms of
one year each, ending June 30, 1992, by the following
vote:
FOR MS. DALHOUSE, MS. KEPLEYANDMESSRS. BUTLER AND
GIBSON: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Taylor ........ 6.
(Council Member Bowers was absent.)
RADIO/TELEVISION (ROANOKE VALLEY REGIONAL CABLE
TELEVISION COMMITTEE): The Mayor advised that Ordinance
No. 30478-42291, adopted by Council on Monday, April 22,
1991, provides for one or more non-exclusive franchises
to construct, operafe, and maintain one or more cable
television systems within the City of Roanoke; that
686
ACTION:
ACTION:
Section 11 of Ordinance No. 30478-42291 provides for
appointment of a Regional Cable Television Committee to
consist of a member of Council, the City Manager or his
designee, a representative of the School system, and a
citizen at-large to represent the City of Roanoke on a
regional committee composed of representatives of Roanoke
County and the Town of Vinton; and called for nominations
to fill the vacancies.
Mr. Harvey placed in nomination-the na~es of Mr.
Howard E. Musser, as the Council representative; Mr.
Alfred Beckley, Jr., as the Citizen at Large; Ms.
M. Michelle Bono, as the City Manager's designee, and Mr.
David Baker, as the School Board representative.
There being no further nominations, Ms. Bono and
Messrs. Musser, Beckley and Baker were appointed as
representatives of the City of Roanoke to the Roanoke
Valley Regional Cable Television Committee, by the
following vote:
FOR MS. BONO AND MESSRS. MUSSER, BECKLEY AND BAKER:
Council Members Fitzpatrick, Harvey, Musser, White,
Bowles and Mayor Taylor ..... 6.
(Council Member Bowers was absent.)
AIRPORT (ROANOKE REGIONAL AIRPORT COMMISSION): The
Mayor advised that the four year term of Mr. W. Robert
Herbert as a member of the Roanoke Regional Airport
Commission expired on March 9, 1991, and called for
nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of
Mr. W. Robert Herbert.
There being no further nominations, Mr. Herbert was
reelected as a member of the Roanoke Regional Airport
Commission for a term of four years, ending March 9,
1995, by the following vote:
FOR MR. HERBERT: Council Members Fitzpatrick,
Harvey, Musser, White, Bowles and Mayor Taylor ........ 6.
(Council Member Bowers was absent.)
687
There being no further business, the Mayor declared
the meeting adjourned at 5:45 p.m.
APPROVED
ATTEST:
City Clerk
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SPECIAL SESSION ROANOKE CITY COUNCIL
February 23, 1989
3:00 p.m.
The Council of the City of Roanoke met in special session in the
Council Chamber, fourth floor of tile Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Thursday, February 23, 1989, at 3:00 p.m., with Mayor
Noel C. Taylor presiding, pursuant to Section 10, Meetings of Council, of the
Roanoke City Charter.
PRESENT: Council Members David A. Bowers, Beverly T. Fitzpatrick, Jr.,
Robert A. Garland, Howard E. Musser, James O. Trout and Mayor Noel C. Taylor--6.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor advised that the special meeting was called pursuant to
the following con~nunication:
"February 21, 1989
ACTION:
The Honorable Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, Generally, of
the Roanoke City Charter, please be advised that I am calling
a special meeting of the Roanoke City Council on Thursday,
February 23, 1989, at 3:00 p.m., in the City Council Chamber,
fourth floor of the Municipal Building, 215 Church Avenue,
S.W. The purpose of the meeting will be to discuss other
legal matters within the jurisdiction of the public body,
being the terms and conditions of a contract under nego-
tiation, pursuant to Section 2.1-344 (a) (7), Code of
Virginia (1950), as amended.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor, Mayor
City of Roanoke"
(See communication on file in the City Clerk's Office.)
COUNCIL: A report of the City Manager requesting that Council
meet in Executive Session to discuss other legal matters within the
jurisdiction of the public body, being the terms and conditions of a
contract under negotiation, pursuant to Section 2.1-344 (a) (7), Code
of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter pertaining
to other legal matters within the Jurisdiction of the public body,
being the terms and conditions of a contract under negotiation, pur-
suant to Section 2.1-344 (a) (7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Garland and adopted by the following
vote:
ATTEST:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ............................ 6.
NAYS: None ........ O.
(Council Member Bowles was absent.)
At 3:10 p.m., the Mayor declared the meeting in recess.
At 5:05 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowles.
The Mayor advised that he had no report to make as a result of the
Executive Session, and declared the special meeting adjourned at
5:05 p.m.
City Clerk
APPROVED
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
February 27, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 27, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members David A. Bowers, Beverly T. Fitzpatrick, Jr.,
Robert A. Garland, Howard E. Musser, James O. Trout and Mayor Noel C. Taylor--6.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Charles T. Green,
Chaplain, Roanoke Memorial Hospitals.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to four requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and con~nittees appointed by Council; a matter involving
acquisition of real property, use of real property for public purpose
and disposition of publicly held real property; a matter involving
acquisition of real property for public purpose; and a legal matter.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor .......... 6.
NAYS: None O.
(Council Member Bowles was absent.)
BUDGET-REFUSE COLLECTION (REGIONAL SOLID WASTE MANAGEMENT BOARD):
A communication from Mr. Jeffrey A. Cromer, Manager, Solid Waste
Disposal, transmitting a budget recap and revenue projections as
approved by the Roanoke Valley Regional Solid Waste Management Board
for fiscal year 1989-90, and advising of an increase in landfill
tipping fees for local governments of 23% and private haulers of 25%,
effective July 1, 1989, was before Council.
4
ACT[ON:
ACTION:
ACTION:
ACTION:
It was explained that tipping fees for local governments will
increase from $13.00 to $16.00 per ton and for private haulers from
$16.00 to $20.00 per ton, advising that the rate increases were
necessary due to new, more stringent solid waste regulations, engi-
neering costs associated with the landfill siting process, and to pro-
vide funds for closure/post closure care and implementation of a
recycling incentive program.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the co~unication be received and filed. The
motion was seconded by Flr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ....... 6.
NAYS: None ........ ~'"~
O.
(Council Member Bowles was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter involving acquisition of real property, use
of real property for public purpose and disposition of publicly held
real property, pursuant to Section 2.1-344 (al (3), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to conve~e in Executive Session to discuss a matter involving
acquisition of real property, use of real property for public purpose
and disposition of publicly held real property, pursuant to Section
2.1-344 (al (3), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ......... 6.
NAYS: None ........
-0.
(Council Member Bowles was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter involving acquisition of real property for
public purpose, pursuant to Section 2.1-344 (al (3), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter involving
acquisition of real property for public purpose, pursuant to Section
2.1-344 (al (3), Code of Virginia (lg50), as amended. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ........ 6.
NAYS: None ..........
(Council Member Bowles was absent.)
COUNCIL: A communication from Council Member David A. Bowers
requesting an Executive Session to discuss a legal matter, pursuant to
Section 2.1-344 (al (7), Code of Virginia (1950) as amended, was
before the body. '
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
Member Bowers to convene in Executive Session to discuss a legal
matter, pursuant to Section 2.1-344 (al (7), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor .... 6.
NAYS: None O.
{Council Member Bowles was absent.)
m
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CONSOLIDATION/ANNEXATION: Mr, Lee Bowles, Vice Chairman, Citizens
for Governmental Excellence, appeared before Council and advised that
Citizens for Governmental Excellence is a valley-wide group formed by
and comprised of the Roanoke Jaycees, the Cave Spring Jaycees, the
Northwest Revitalization Corporation, the Roanoke Valley Board of
Realtors, and numerous concerned citizens. He stated that the purpose
of the organization was to allow citizens of the Roanoke Valley to have
a voice in their government by means of a petition drive to allow them
to express their interest in having a plan for government reorganiza-
tion formulated by governmental officials. He explained that the plan
would then be presented to the citizens in the form of a referendum to
enable them to decide on the question of consolidation. He advised
that representatives of the Jaycees were present to present petitions
containing certified signatures of over fifteen per cent of the
registered voters of the City of Roanoke. He stated that the persons
who signed the petitions have formally requested that the City Council
of Roanoke prepare the best possible plan for government reorganization
with the Board of Supervisors of Roanoke County. He requested that
Council not view the petitions as a mandate, but as an opportunity to
serve the citizens and to plan the future of the Roanoke Valley. He
noted that the petitions would be filed with the City Clerk and with
the Circuit Court Clerk in accordance with the Code of Virginia.
Mr. Mark Lawrence, President, Roanoke Jaycees, appeared before
Council and advised that the Jaycees is an organization of young men
and women between the ages of 21 and 39 whose purpose is to provide
leadership training through community service. Ne stated that the
Roanoke daycees is comprised of 400 men and women from throughout the
Roanoke Valley, most of whom reside in either Roanoke City or Roanoke
County. He further stated that this year, the Roanoke Chapter will
conduct over 70 community service projects, one of which involved for-
marion of the Citizens for Governmental Excellence whose purpose was to
conduct a petition drive to determine whether citizens in Roanoke City
and Roanoke County supported the concept of governmental consolidation.
He noted that the idea of consolidation was not new to the Roanoke
Chapter inasmuch as the Jaycees spearheaded the campaign in 1969. He
added that because of the persistence of this issue over the years and
studies which have indicated a continued support for a reorganization
of local governments, the Roanoke Chapter felt it was again time to
bring the matter before the voters. He explained that the Jaycees are
young people who are concerned about the future of the Roanoke Valley,
not only for themselves but for their families inasmuch as young citi-
zens have a great deal at stake. In closing, he stated that the
Roanoke Valley has much to be proud of and in order for the Valley to
continue to attract new jobs and industry and continue to be a place
where young people want to locate, begin careers and establish fami-
lies, it is believed that the issue of consolidation is critical and
will have a great impact on the future of the Roanoke Valley.
Mr. Gary Goyer, President, Cave Spring Jaycees, appeared before
Council and advised that the continued success of the Roanoke Valley
lies in cooperation among the local governments. He requested pre-
paration of the best possible plan to enhance not only the Roanoke
Valley of today but the Valley of tomorrow.
Mr. Edwin C. Hall, representing the Roanoke Valley Board of
Realtors, appeared before Council and advised that Citizens for
Governmental Excellence was born to allow the citizens of the Roanoke
Valley an opportunity to have a voice in their government. He said the
Roanoke Valley Board of Realtors is an 1100 member organization and has
chosen to become involved in the matter because its membership is made
up of Valley-wide citizens who many times are the first to see the eco-
nomic damage which is done to the Valley because of the lack of
cooperation across jurisdictional boundaries. He stated that it is
frustrating to the potential new industry trying to locate in the
Roanoke Valley when all too often it sees the bickering and fighting
between jurisdictions over who will be successful in attracting that
industry. He explained that there are five top reasons that industries
select a specific locality in which to locate, viz: labor, transpor-
tation, government, quality of life, and higher education. He stated
that many citizens may say they are against growth, but growth must
exist in order to stay even.
Mr. Hall pointed out that the potential for lowering the cost of
services is important, but most important is the overall economic
impact which is the key issue that cooperation in some form of merging
Valley governments is necessary. He stated that a plan is needed which
maintains our advantages and addresses ways of dealing with issues such
as schools, tax structures, representation in government, and with such
a plan, the focus could be on long range plans for devising adequate
water supply, flood control, waste management and promoting economic
development. He commented that it is essential that the quality of
life be maintained in the Roanoke Valley while simultaneously planning
for growth and success in the future. He added that the Roanoke Valley
is a single community and it cannot achieve its full potential until it
learns to think and act as a single unit. He stated that it is
believed that City Council Members and Board of Supervisors represen-
tatives are sincere, honest and hard working people who do believe in
the final analysis and should do what is best for the citizens;
however, the issue should not be decided before talking to the citi-
zens, nor should a proposal be devised that makes it impossible for
citizens to vote for a unified plan. In concluding, he stated that it
was time for Council to exercise its position of leadership to quiet
rather than to build fears, whether they be ethnic or otherwise, and to
al low the process to work.
Mr. Brandon Bell, Chairman, Citizens for Governmental Excellence,
appeared before Council and advised that 16,000 individuals expressea a
desire for Council to address the needs of the future of the Roanoke
Valley. In calling for reorganization, he pointed out that these
people represent a silent majority who realize that some change will be
necessary. He stated that the silent majority favor no specific plan
and feel that each of the localities have distinct strengths and a new
organization should focus on maintaining these strengths while addres-
sing future problems that face the entire Roanoke Valley. He commented
that the primary interest is not in redrawing lines or eliminating any
government structure, however, a plan is needed that maintains
strengths and advantages and the method of dealing with certain issues
such as schools, tax structures and governmental representation. With
such a plan, he advised noted that the government would be able to
focus on long range issues. In closing, he commented that the task
ahead woulo not be easy; however, Council's constituents have asked
that the task be taken on; that decisions would be difficult, however,
the City Council has been entrusted to make the necessary decisions and
to stand behind them.
Following words of appreciation by the Mayor and Members of
Council for the work of the Roanoke Valley Jaycees, Mr. Fitzpatrick
moved that the petitions be received and filed. The motion was
seconded byMr. Garland and unanimously adopted.
(See petitions on file in the City Clerk's Office.)
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $34,769.00 for the Drug Free
Schools Program, to provide training workshops and materials for the
operation of a con~unity-wide alcohol and drug prevention program, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
' 7
'1
ACTION:
The Director of Finance submitted a written report advising that
appropriation of the Drug Free School Grant is one hundred per cent
federally funded; that no local match is required; and recommended that
Council concur in the request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29474) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 126.)
Mr. Musser moved the adoption of Ordinance No. 29474. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor- 6.
NAYS: None-
O®
(Council Member Bowles was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
ARCHITECTURAL REVIEW BOARD: The City Manager submitted a written
report advising that at the regular meeting of Council on Monday,
February 6, 1989, Mr. Melvin T. Patrick appeared before Council in con-
nection with a decision of the Architectural Review Board to deny his
request to construct a fence surrounding a portion of a parking lot
which is part of his property located at 816 Franklin Road, S. W.; that
the property, including the parking area, is located within the boun-
daries of the area designated by the Council as an H-l, Historic
District; that upon hearing the concerns of Mr. Patrick, Council for-
warded the matter to the City Manager and the City Attorney for report,
noting that the City Attorney placed a report on the agenda addressing
the legal issues surrounding the Board's decision, and Mr. Patrick's
ability at this point to appea~ that decision to Council.
It was pointed out that the following was intended to address Mr.
Patrick's comments to Council on several matters regarding the delivery
of basic City services:
Neighborhood security - Mr. Patrick's statement
regarding the need to erect his fence to provide
additional security to his property is a private
matter as long as the erection of the fence meets
all of the City's codes and ordinances. However,
Mr. Patrick did make severat'r~marks regarding law
enforcement needs in his neighborhood. Upon
discussing the matter with the Chief of Police, it
was discovered in calendar year 1988 that the
Roanoke City Police Department recorded one call
for service from Mr. Patrick's address. This is
not to imply that Mr. Patrick has not experienced
problems on his property. However, the City has
and will respond to any situation in Mr. Patrick's
neighborhood that it is advised of and will con-
tinue regular patrol activities as a normal part of
the law enforcement program in the Old Southwest
area,
Condition of the adjacent alley and adjacent pri-
vate properties - Mr. Donald E. Keaton, Manager of
Refuse Collection, and Mr. Ror. ald H. Miller,
Building Commissioner/Zonin§ Admi:Jistrator, visited
with Mr. Patrick at his proserty and viewed his
concerns regarding the adjacent alley and the con-
dition of the adjacent private properties. Since
that time, the City's crews have corrected any
problems that were noted in the public right-of-way
(alley) and have notified adjacent property owners
of any violations with respect to refuse con-
tainers. Mr. Miller has also contacted an adjacent
property owner with respect to possible violations
noted at that site.
Mr. Herbert stated that on Wednesday, February 23, 1989, Ms.
Dolores C. Daniels, Assistant to the City Manager on Community
Relations, visited Mr. Patrick to ensure that the City had addressed
major concerns regarding the above-noted issues and to determine if
further action in the two major areas was needed; and Ms. Daniels
reported that Mr. Patrick was §enerally satisfied ~:ith the actions that
were taken to date in the basic service delive~ areas, but still
expressed concern with respect to the Architectural Review Board's
decision.
The City Manager explained that the City would continue to provide
quality, basic services in the Old Southwest neighborhood and respond
to any special issues that were called to his attention; that Mr.
Miller would continue to fillow up on the condition of the private lot
abovementioned; and the City would pursue the cleanup/removal of any
debris or objects which were in violation of the City's codes and/or
ordinances.
(For full text, see report on file in the City Clerk's Office.)
The City Attorney submitted a written report addressing the legal
issues relating to the matter, advising that it was important to bear
in made that Mr. Patrick was not exercising his right to appeal the
adverse ruling of the Architectural Review Board (ARB) to Council, he
was simply advising Council of a matter upon which the ARB had already
ruled. He pointed out that a full hearing was held on December 8,
1988, pursuant to Mr. Patrick's application for a Certificate of
Appropriateness seeking permission to continue maintaining a chain link
fence that he had erected in the southwest Historic District even
though Sections 36.1-25 and 36.1-345 of the City Code provides that a
Certificate of Appropriateness must be issued by the Architectural
Review Board before a fence can be erected. He explained that Mr.
Patrick had already erected the fence on his property by the time he
filed his application for said Certificate.
It was pointed out that at the ARB hearing held on December 8,
1988, neighborhood opposition Mr. Patrick's fence was heard; that at
the conclusion of the hearing, the ARB found that the appearance of the
chain link fence and its location on Mr. Patrick's property rendered it
not in keeping with the character of the southwest Historic District;
that the fence was objectionable to acljoi~iing property owners; and the
ARB unanimously voted to deny Mr. Patrick's application for a cer-
tificate and ordered him to remove the fence.
Mr. Dibling explained that since the Architectural Review Board's
decision was the first instance in which it had denied an application
for a certificate, he explained the appeal procedure to Mr. Patrick and
specifically reminded him that he had thirty days in which to file a
petition for an appeal with the City Clerk. He also referred to a
letter under date of December 9, 1988, sent to Mr. Patrick by Ms.
Evelyn S. Gunter, Secretary to the Architectural Review Board, likewise
reminding him of the thirty day deadline.
The City Attorney pointed out that on January 10, 1989, Mr.
Patrick filed a petition with the City Clerk appealing the Architec-
tural Review Board's decision rendered on December 8, 1988; that
Section 36.1-642(d) of the Code of the City of Roanoke (1979), as
amended, specifically states that any property owner aggrieved by any
' 9
decision of the ARB may file a petition appealing such decision
"provided such petition is filed withtn thirty days after the decision
is rendered" by the ARB. Accordingly, he explained that in correspon-
dence dated January 19, 1989, the City Clerk advised Mr. Patrick th&t
his appeal was not timely filed and that she was therefor unable to
place the matter on the Council's agenda.
The Ci~, Attorney advised that the requirements of Section
36.1-642 while simple and easily understood are mandatory; that no form
or specific language is needed to comply with the Code requirement;
that all which is required is that a writing, indicating the basis for
the appeal, be filed within a thirty day time period; that although Mr.
Patrick stated in his petition for appeal that the minutes of the ARB's
meeting held on December 8, 1988, were not available when he filed his
petition, such an assertion is neither substantially correct nor reve-
lent. He pointed out that Mr. Patrick, like any citizen, had access to
the tapes of the proceedings held on December 8, and in fact, Ms.
Gunter invited Mr. Patrick to listen to the tapes subsequent to the
hearing. He noted that Section 36.1-642 clearly provides that Council
acts as a reviewing body in matters involving the denial of a
Certificate of Appropriateness by the ARB and under such circumstances
neither the minutes nor the tapes nor any reference to either of them
are necessary for an appeal to be filed.
Mr. Dibling explained that the thirty day deadline for the filing
of an appeal is an integral part of the Zoning Ordinance; that it pro-
vides all landowners with ample time to determine the ramifications of
a ruling by the ARB and to determine whether an appeal should be filed;
and insures that a ruling by the ARB becomes final after a certain
period of time. He pointed out that after that period of time, the
landowner, the neighbors involved, the City's Zoning Administrator and
the ARB know that a matter has been fairly heard, decided and put to
rest. He explained that witt~out any finality, the City's Zoning
Administrator would never be able to know when it was proper for him to
enforce the Architectural Review Board's ruling, and inasmuch his
actions could be stymied f~r an appeal filed months after the
Architectural Review Board's ruling.
For the above reasons, the City Attorney recon~nded that the
filing deadline set forth in Section 36.1-642(d) be enforced and that
no action be taken on Mr. Patrick's request.
(For full text, see report on file in the City Clerk's Office)
The City Attorney advised that he was present at the meetin~ of
the Architectural Review Board at which time Mr. Patrick's request was
denied and he personally advised Mr. Patrick with respect to the appeal
procedure. He further advised that a day later, the Secretary of the
Architectural Review Board followed up with a conmmnication to Mr.
Patrick informing him of the thirty day deaJli~,e in which to appeal.
He called attention to the fact that the appeal procedure is very spe-
cifically set forth in Section 36.1-642(d) of the City Code, as
follows:
"Any property owner aggrieved by any decision of
the Architectural Rev(ew Board may 2resent to the
City Council a petition appealing such decision,
provided such petition is filed within thirty days
after the decision is rendered by the Boara. The
City Council may reverse or modify the Board's
decision, in whole or in part, or it may affirm the
decision of the Board."
Mr. Dibling pointed out that the requirements of the abovestated
City Code section are mandatory but very simple and all one has to do
is write out, if necessary, in one's own handwriting the following sta-
tement, "I appeal the decision of the Architectural Review Board on
(date) in the case of my fence." He added that there is no requirement
for m--)nutes of the meeting in order to file an appeal. He stated that
the thirty day appeal time is an integral part of the procedure and
Council could not, legally, grant a waiver.
Mr. Patrick appeared before Council and advised that he endeavored
to file his appeal one day after the deadline had passed. He stated
that Council had been misinformed by the City Attorney inasmuch as Mr.
Dibling had not informed him of the appeal process, either in person or
through written correspondence. He stated that he had such an offen-
10
ACTION:
sive circumstance that a simple fence along Mountain Avenue would have
helped in correcting the situation.
Mr. Patrick requested that Council defer any decision on his
request for a period of 120 days, after which time he would present
draft of a proposal to the Architectural Review Board to construct a
structure that would enhance the historical district in question and
all of the property involved.
Upon question, the City Attorney advised that the thirty day
requirement was mandatory and noted that Council had not reserved to
itself, the City Manager, the Architectural Review Board, the Secretary
of the Architectural Review Board, the City Attorney or to any other
party, the power to waive the thirty day time limitation. He stated
that there is good reason for the thirty day appeal period, which is an
integral part of the appelate process inasmuch as there must be fina-
lity to everything. He explained that if Mr. Patrick would like to
submit a new petition for a substantially different fence, he could
appear before the Architectural Review Board, submit a new petition and
if it was found to be in keeping with the character of the Historic
District, it was possible that the new petition would be approved, and
if the petition was not approved by the Architectural Review Board, Mr.
Patrick could then appeal the decision to City Council.
Mr. Trout suggested that appropriate forms be prepared whereby the
Chairman of the Architectural Review Board would inform those persons
whose petitions were denied that they could appeal the decision to City
Council within thirty days by signing a routine form which could be
made available to petitioners at the meeting of the ARB. He requested
that the matter be referred to the City Manager and the City Attorney
for simplification of the process.
The City Attorney advised that he would prepare a statement of
instructions for persons who wished to appeal a decision of the
Architectural Review Board which could be distributed by the Chairman
on each occasion in which there was a denial.
Mr. Trout moved that Council concur in the recommendation of the
City Attorney that the filing deadline set forth in Section
36.1-642(d), of the Code of the City of Roanoke (1979), as amended, be
enforced. The motion was seconded by Mr. Bowers and adupted.
BUDGET-EQUIPMENT-PUBLIC WORKS: The City Manager submitted a writ-
ten report concurring in a report of a bid con~nittee with reference to
the purchase of three new refuse truck cab/chassis, and three new rear
loading high compaction refuse bodies.
The bid committee recommended that Council accept the following
bids:
Item #1 - Three new refuse truck cab/chassis deli-
vered to body manufacturer and including
performance bond as submitted by Fulton
Truck Company, in the total amount of
$204,057.00.
Item #2 - Three new 20 cu. yd. high compaction
refuse bodies mounted on Item #1 and
delivered FOB Roanoke, Virginia and
including performance bond, as submitted
by First Piedmont Corporation, in the
total amount of $67,676.00.
It was further recommended that Council reject all other bids sub-
mitted; and appropriate $271,733.00 from the Capital Maintenance and
Equipment Replacement Program to Refuse Department, Account No.
001-052-4210-9010, to provide funds for the purchase.
(For full text, see reports on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29475)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 126.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29475. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ........................... 6.
NAYS: None .......... O.
(Council Member Bowles was absent.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(~29476) AN ORDINANCE accepting bids for refuse trucks; rejecting
other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 127.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29476. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor .......... 6.
NAYS: None ..................................................... O.
(Council Member Bowles was absent.)
BUDGET-PUBLIC WORKS-EQUIPMENT: The City Manager submitted a writ-
ten report concurring in a report of a bid con~ittee with reference to
the purchase of one new vacuum catch basin cleaner for use by the
Street Maintenance Department.
The bid committee recommended 'that Council accept the bid sub-
mitted by MSC Equipment, Inc., in the total amount of $63,080.00;
reject all other bids submitted; and appropriate $63,080.00 from the
Capital Maintenance and Equipment Replacement Program to Street
Maintenance, Account No. 001-052-4110-9015.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29477) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 128.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29477. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ................. 6.
NAYS: None-- O.
(Council Member Bowles was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29478) /~ ORDINANCE providing for the purchase of one new
vacuum catch basin cleaner to be mounted on existing truck cab/chassis
for use by the City, upon certain terms and conditions, by accepting a
bid made to the City for furnishing and delivering such equipment; and
rejecting the other bid made to the City; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 128.)
12
ACTION:
ACTION:
ACTION:
Mr. Garland moved the adoption of Ordinance No. 29478. Tile motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor .... . ..... 6.
NAYS: None---- O.
(Council Member Bowles was absent.)
CITY JAIL: The City Manager submitted a written report advising
that an addition to the jail, which was the completion of the fourth
portion, and request for reimbursement for the project, was approved by
Ordinance No. 27619 on July 22, 1987; that work was completed at a
total cost of $813,000.00 and the City was reimbursed, in the amount of
$406,047.90, by the Commonwealth Department of Corrections; and the
State Fire Marshal, in his routine inspection of the completed faci-
lity, instructed the City of Roanoke to add a sprinkler system in the
storage room on the second floor.
It was pointed out that the dry food storage room was also
requested to be sprinkled; and the sprinkler system, as required by the
State Fire Marshal, was added at a total cost of $6,906.00, and covers
three areas as required by the State Fire Marshal; that reimbursement
of project costs by the State Board of Corrections is possible for all
approved jail construction, enlargement or renovation projects at a
rate of fifty per cent of the project cost; and reimbursement must be
requested via local resolution indicating approval of the jail expan-
sion project by Council.
The City Manager recommended that Council adopt a resolution
requesting reimbursement for the installation of the sprinklers as
required by the State Fire Marshal at a rate of fifty per cent by the
State Board of Corrections.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29479) A RESOLUTION approving the installation of a partial
fire sprinkler system in the City Jail as directed by the State Fire
Marshal and requesting reimbursement of one-half of the project costs
from the State Department of Corrections.
(For full text of Resolution, see Resolution Book No. 51, page 129.)
Mr. Trout moved the adoption of Resolution No. 29479. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ......... 6.
NAYS: None ..........
(Council Member Bowles was absent.)
MUNICIPAL PARKING GARAGE-VIRGINIA TECH: The City Manager sub-
mitted a written report with regard to the Graduate Center in the
Church Avenue Parking Garage, and requested that action on the report
be deferred.
Mr. Bowers moved that Council concur in the request of the City
Manager. The motion was seconded by Mr. Fitzpatrick and adopted.
REPORTS OF COMMITTEES:
BUDGET-AIRPORT: Mr. W. Robert Herbert, Chairman, Roanoke Regional
Airport Commission, presented a written report on behalf of the Commis-
sion, transmitting the proposed fiscal year 1989-90 Operating and
Capital Budget.
(For full text, see report and budget on file in the City Clerk's
Office.)
m
ACTION:
ACTION:
Mr. Trout offered the following Resolution:
(#29480) A RESOLUTION approving the Roanoke Regional Airport
Commission budget for FY 1989-1990, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 51, page 130.)
Mr. Trout moved the adoption of Resolution No. 29480. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylo) ................. 6.
NAYS: None ......... O.
(Council Member Bowles was absent.)
SEWERS AND STORM DRAINS: Council Member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for alterations to aeration and nitrification basins at the
Water Pollution Control Plant, presented a written report on behalf of
the Committee, recommending that Council authorize the City Manager to
enter into a contractual agreement with H. Hamner Gay and Company,
Inc., in accordance with contract documents prepared by the City
Engineer's Office, in the amount of $123,000.00, which includes the
base bid (2 basins), plus Alternate No. I (one additional basin) and
180 consecutive calendar days; that Council approve the encumbrance of
the funds in the Water Pollution Control Plant, Maintenance of
Machinery and Equipment, Account No. 003-056-3155-2048; and reject all
other bids received.
The City Manager submitted a written report concurring in the
recon~Tendation of the con~nittee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29481) AN ORDINANCE accepting the bid of H. Hamner Gay &
Company, Inc., for construction of alterations to aeration and nitrifi-
cation basins at the Water Pollution Control Plant, upon certain terms
and conditions, and ~warding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 131.)
Mr. Garland moved the adoption of Ordinance No, 29481, The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ....... 6.
NAYS: None .......... O.
(Council Member Bowles was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE biAYOR AND MEMBERS OF COUNCIL:
NONE.
13
OTHER HEARINGS OF CITIZENS:
14
ZONING: Ms. Dantelle Rand, 3571 Mudlick Road, $. W., representing
the Greater Deyerle Neighborhood Association, appeared before Council
and presented a history of events leading up to and beyond the rezoning
by Council on March 16, 1987, Ordinance No. 28550, of a certain tract
of land containing two acres, more or less, located at the southeast
corner of the intersection of Route 419 and Woodmar Drive, S. W.,
ISouthwest Plaza) designated as Official Tax No. 5090207 and a portion
of Official Tax No. 5090205, from C-1, Office and Institutional
District, to C-2, General Con~nercial District, subject to certain
profferecl concli tions.
On January 7, 1987, the City Planning Commission
denied the abovedescribed request for rezoning as
presented by Mr. Edward A. Natt, Attorney, repre-
senting Latt Purser and Associates.
On January 15, 1987, a meeting was held by the
Greater Deyerle Neighborhood Association with Mr.
John Hurley representing Latt Purser and Asso-
ciates, and Mr. Edward A. Natt, Attorney, for the
petitioner.
On January 21, 1987, the issue was brought before
the City Planning Commission with certain proffered
conditions and adopted.
On February 9, 1987, the matter was before the
City Council, and a motion was adopted that the
public hearing would be continued until the regular
meeting of Council on Monday, March 9, 1987.
At the City Council meeting on March 9, 1987, Mr.
Natt advised that his client had proffered that the
buildings would not be used for fast food
restaurants, convenience stores, gas stations, used
car lots or car washes, etc. Following the abc-
restated proffer, the request for rezontng was
approved by City Council on first reading.
On February 2, 1989, a coupon flyer appeared in a
local newspaper announcing the soon to open Little
Ceasar's pizza restaurant along Route 419 in the
Southwest Plaza.
On February 10, 1989, she located the appropriate
source to define "fast food", and having no doubt
from personal experience that Little Ceasar's was
the ultimate in fast food, at 9:OD a.m., Mr.
Ronald H. Miller, Zoning Adminstrator, returned her
telephone call with the definition of "fast food".
She pointed out that she explained her concern to
Mr. Miller and provided him with a history of the
rezoning in 1987, at which time Nr. Miller admitted
that he did not know of the proffered conditions.
On Febr(iary 10, 1989, at 4:00 p.m., she telephoned
Mr. Miller once again, at which time she was
advised that a Certificate of Occupancy was issued
to Little Ceasar's, in error.
On February 12, 1989, an emergency meeting of the
Board of Directors of the Greater Deyerle
Neighborhood Association was called, at which time
the Board unanimously opposed the action and mem-
bers were outraged that the agreement regarding
the proffered conditions to rezontng, were treated
so insignificantly.
m
On February 13, 1989, she called Mr. Miller and
informed him of the opposition of the Greater
Deyerle Neighborhood Association and he denied
having said anything about being in error relative
to issuance of the Certificate of Occupancy and
stated that he did not believe Little Ceasar's was
a fast food restaurant. She pointed out that Mr.
Miller further advised that he had turned the issue
over to Mr. Steven J. Talevi, Assistant City
Attorney; that she then telephone Mr. Talevi and
gave him a history of the rezoning and a current
update; and Mr. Talevi informed her that Mr. Miller
had failed to tell him about the proffered con-
ditions to rezonin§ and he would have to discuss
the matter further with Mr. Miller.
On February 15, 1989, she called Mr. Talevi for an
update and was informed that he was not in a posi-
tion to say anything and no decisions had been
made.
On February 16, 1989, she visited Mr. Miller and
was able to obtain the address apd telephone number
of Little Ceasar's and a copy of the definition of
"fast food," at which time Mr. Miller stated that
he was inclined to believe that Little Ceasar's was
"fast food" although Mr. Talevt did not agree with
him. She was informed that there would be a
meeting with Mr. William F. Clark, Director of
Public Works, and Mr. John R. Marlles, Chief of
Con~nunity Planning; and Mr. Miller advised the
neighborhood to apppar before the Board of Zoning
Appeals. She then visited Mr. Marlles and he
understood the issue and intent of the proffered
conditions; that Mr. Marlles referred to Section
36.1-697 of the Zoning Ordinance, which states that
only the applicant may appeal to the Board of
Zoning Appeals; and she talked with Mr. Clark who
said he thought he knew the facts but after their
conversation, admitted that he was not fully
briefed.
On February 16, 1989, she discovered that Little
Ceasar's was scheduled to open on February 15, and
that evening she called Mr. Marlles and Mr. Herbert
to impress upon them the urgency of the matter and
Mr. Herbert said he was not familiar with the
issue, that he was leaving town and would call a
meeting for early the following week.
On February 17, 1989, everyone in City government
was very busy and refused to return her calls and
the Certificate of Occupancy was issued on that
date.
On FebruaK¥ 21, 1989, at 9:00 p.m., due to an
advertisement in the newspaper which indicated
that Little Ceasar's had, in fact, opened that day,
she telephoned Mr. Marlles and was informed that he
had just found out that the Certificate of
Occupancy was issued on Friday, February 17,
however, no one had advised him and that Mr. Talevi
was to notify inform the Greater Deyerle neighbor-
hood of the issuance. She was also advised by Mr.
Marlles that Mr. Miller had issued the Certificate
of Occupancy against the advice of the City
Attorney.
On February 22, 1989, she contacted the City
Manager and it was decided that the Greater Deyerle
Neighborhood Association could appear before the
Board of Zoning Appeals; however, it was unfor-
tunate that she learned the decision of the City
only hours after the agenda deadline for the March
meeting of the Board had closed.
15
16
Ms. Rand advised that the Greater Deyerle Neighborhood Associa-
tion wished to submit an appeal to Council because two years ago
Council concurred in the proffered conditions to rezoning in the South-
west Plaza; that Council adopted Ordinance No. 28850 rezoning the pro-
perty and it now appeared that a member of the City Administration had
made an error. She further advised that she had been told that the
City Administration would not correct the error. She stated that if a
City employee makes the most outrageous mistake, it is the neighborhood
that must jump through the hoops to get it corrected, and she contended
that Mr. Miller knew he had made a mistake which was the reason he
issued the Certificate of Occupancy in secret, and no one knew about it
for five days. She further stated that Mr. Miller was stonewalling in
order that Little Ceasar's could open before knowledge of the Certifi-
cate of Occupancy became known in the hopes that the Greater Deyerle
Neighborhood Association would cave in under the weight of the system.
Ms. Rand advised that Council, as the head of the system, should
correct the honest mistakes made by City employees. She stated that
the question is, who is in charge, advising that the Greater Deyerle
Neighborhood Association believes that Council is in charge; that two
years ago Council had the authority to create the rezoning ordinance
and now the neighborhood looks to Council to take charge and to enforce
provisions contained in Ordinance No. 28850. She asked that Council
exercise its position of leadership, advising that in 1987 Council made
a tough decision when it adopted Ordinance No. 28550 rezoning the pro-
perty, with certain proffered conditions and members of the Greater
Deyerle Neighborhood Association request that Council stand by its pre-
vious decision.
Mr. Jonathan M. Rogers, 3734 Lake Drive, S. W., a member of the
Board of Directors of the Greater Deyerle Neighborhood Association, and
Attorney representing the Association, appeared before Council and
advised that the problem could have been avoided very easily. He
stated that for Mr. Miller to issue the Certificate of Occupancy before
the City Attorney was ,ble to research the problem and present him with
a response seems to be reckless and a deviation from what he should
have done. He pointed out that the Association must now wait until the
end of April to appear before the Board of Zoning Appeals inasmuch as
they received information that they could do so after the agenda
deadline had passed for the March meeting. He stated that the City
Attorney had taken the position that all Mr. Miller did was to
interpret the Zoning Ordinance; however, Mr. Rogers contended that the
issue was not an interpretation problem but an enforcement problem. He
stated that Little Ceasar's is the ultimate in fast food; that they
advertise for their patrons to call ahead for speedy service; that they
have no public restrooms, no tables and their operation is designed for
carry out food alone. He referred to the Zoning Ordinance which states
that a restaurant which includes takeout or delivery service as a major
component of its operation where food is intended to primarily be con-
sumed off the premises is a fast food restaurant. He added that Little
Ceasar's does not encourage nor desire that its customers eat pizza at
the premises.
Mr. Rogers pointed out that the proffered conditions made by Mr.
Edward A. Natt, Attorney, representing Latt Purser and Associates, pro-
vided that fast food restaurants, convenience stores, gas stations,
used car lots and car washes would be prohibited uses. He noted that
the idea was to keep down traffic, to keep down air pollution asso-
ciated with starting and stopping automobiles and to keep down the fre-
quency of people coming to and from certain types of activities. Ne
advised that fast food stores, convenience stores, and gas stations are
the types of establishments where a large volume is needed, with quick
in and out kinds of transactions that create considerable traffic. He
advised that Council could direct the Zoning Administrator to enforce
the laws of the Zoning Ordinance and if Little Ceasar's has a problem,
they could appear before the Board of Zoning Appeals. He further
advised that once an error is created, Council has the duty to set it
right, noting that the action taken by Mr. Miller was not only illegal
but wrong. ,
m
ACTICN:
ACTION:
Mr. Michael A, Pietrzyk, Co-Franchisee for the Little Ceasar's
pizza restaurant in question, appeared before Council and advised that
Little Ceasar's filed for a work permit to construct the building and
received, fairly, the Certificate of Occupancy which was issued. He
explained that Little Ceasar's has eight locations in the Roanoke
Valley itself, four in the City of Roanoke, and Little Ceasar's
believes that it provides positive growth in the City by offering jobs.
With regard to the question pertaining to fast food, Mr. Pietrzyk
stated that on a busy night, it was not uncommon for service times to
average from 20 to 30 minutes; that products are not pre-made or
advance prepared and it was not uncommon for customers to visit the
restaurant while visiting other business establishments in the shopping
center. He stated that there were no specific parking spaces assigned
to Little Ceasar's nor did they have a drive-through window. He com-
mented that if traffic was a major concern, other business establish-
ments should be held up as an example because one could get a movie
video in the shopping center in question, or visit the dry cleaners or
the car shop or the grocery store much faster, in many instances, than
one could get a pizza at Little Ceasar's. He stated that he was extre-
mely concerned because, in good faith, Little Ceasar's came to the
City, applied for and received the proper approvals. He advised that
Little Ceasar's does not necessarily consider itself to serve fast food
per se but it does render a service to the community and to the shop-
ping center.
Question was raised as to the timeframe in which Little Ceasar's
was apprised of the provisions of the Zoning Ordinance; whereupon, Mr.
Piachek advised that when he called the City for a final inspection,
after completing approximately $40,000.00 of work and installation of
approximately $80,000.00 of equipment, when the staff and management
team was hired, and the restaurant was ready to open for business, he
called for a final inspection, and at that point, he was informed that
there was a question about the zoning.
Following discussion, Mr. Bowers moved that the matter be referred
to the City Manager for study and report to Council within two weeks.
There being no second to the motion, the Mayor declared the motion
lost for lack of a second.
Mr. Fitzpatrick inquired of the City Attorney as to the role of
Council in the matter; whereupon, the City Attorney called attention to
Section 36.1-650 of the Code of the City of Roanoke, 1979, as amended,
by which it is provided that the Board of Zoning Appeals shall have
power to hear and decide appeals where it is alleged that there is an
error in an order, requirement, decision or determination made by an
administrative officer in the administration, or relating to enfor-
cement of the chapter. With respect to the proffered conditions to
rezone contained in Ordinance No. 28550, the City Attorney advised that
when the proffered condition of no fast food restaurants was adopted,
it became part and parcel of the City's zoning ordinanc and, in part,
became applicable forever because there was no time limitation. He
stated that given the creation of the Board of Zoning Appeals and the
appelate procedure which has been provided by the Council, he was of
the opinion that the matter should be heard by the Board of Zoning
Appeals. He called attention to the fact that it had been suggested
that Little Ceasar's should take the appeal to the Board of Zoning
Appeals instead of the Greater Deyerle Neighborhood Association, how-
ever, he pointed e'it that it is the party who is aggrieved that should
take the appeal to the Board.
The Mayor advised that according to the City Attorney, any appeal
with respect to the matter should be heard by the Board of Zoning
Appeals, and any action taken on the part of Council would be improper
in light of certain provisions of the Code of the City of Roanoke
(1979), as amended.
At 4:00 p.m., the Mayor declared the meeting in recess.
At 6:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowles.
17
18
There being no further business, the Mayor declared the meeting
adjourned at 6:15 p.m.
APPROVED
City Clerk
o
19
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
March 6, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 6, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T. Fitzpatrick,
Jr., Robert A. Garland, Howard E. Musser, James O. Trout, David A. Bowers and
Mayor Noel C. Taylor ................. 7.
ABSENT: None O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wimburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend S. T. Stone,
Pastor, United Christian Fellowship Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to five requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and co,~ittees appointed by Council; a real estate matter; a
matter regarding acquisition of real property for public purpose; and
two additional personnel matters.
MINUTES: Minutes of the special meetings of Council held on
Tuesday, November 22, 1988, and Monday, November 28, 1988, were before
the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, MJsser,
Trout, Bowers and Mayor Taylor ............................. 7.
NAYS: None ............................
COUNCIL: A con~unication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, comissions and con~ntttees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see con~nunication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, conrnissions and con~nittees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
20
ACTION:
ACTION:
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor--- 7.
NAYS: None O.
COUNCIL: A co~nunication from Council Member David A. Bowers
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
Member Bowers to convene in Executive Session to discuss a personnel
matter, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor--- 7.
NAYS: None--
COUNCIL: A communication from Council l~ember David A. Bowers
requesting an Executive Session to discuss a real estate matter, pur-
suant to Section 2.1-344 (al (3), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
Member Bowers to convene in Executive Session to discuss a real estate
matter, pursuant to Section 2.1-344 (al (3), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Musser and adopted by the
Fitzpatrick, Garland, Musser,
7 ·
following vote:
AYES: Council Members Bowles,
Trout, Bowers and Mayor Taylor ....
NAYS: None-
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter regarding acquisition of real property for
public purpose, pursuant to Section 2.1-344 (al (3), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter regarding
acquisition of real property for public purpose, pursuant to Section
2.1-344 (al (3), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .... .7.
NAYS: None-
INDUSTRIES: A report of the City Manager advising that Sunlink
Corporation purchased Tract g, Roanoke Centre for Industry and
Technology, effective April 7, 1988; that access to the plant is from
an unopened section of Blue Hills Drive, N. E.; that Council, by
Ordinance No. 29272, adopted on August 22, 1988, authorized the
grading of a street with a 24 foot paved width from the existing cul-
de-sac to serve the Sunlink Corporation; that the road was constructed
by Sunlink Corporation at no cost to the City; and Ordinance No. 29272
also caused the appointment of Mr. Charles M. Huffine, P. E., City
Engineer, as viewer to ascertain damages, if any, caused to surrounding
properties by the road construction.
21
ACTION:
ACTION:
ACTION:
ACTION:
It was further advised that Mr. Huffine, as viewer, upon con-
sideration of the fact that all construction had taken place within the
City right-of-way and no adjoining properties were affected by the road
construction, was of the opinion that no damages resulted from the pro-
ject; and notice to adjoining property owners, required by Section
15.1-369, of the Code of Virginia, 1950, as amended, had been accomp-
lished and no appeals of the viewer's ascertainment of damages, or lack
thereof, were received.
The City Manager recommended that Council receive and file the
report of the appointed viewer, Mr. Charles M. Huffine, that no damages
to adjoining properties resulted from extension of Blue Hills Drive,
N. E., by Sunlink Corporation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed, The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ........ 7.
NAYS: None--- - ........ O.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Mr. Virgil
L. Rogers tendering his resignation as a member of the Roanoke
Neighborhood Partnership Steering Committee, effective February 23,
1989, was before Council.
(For full text, see communication on file in the City Clerk's Office,)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....... 7.
NAYS: None O.
PENDING LIST: A list of items pending from July 10, 1978, through
February 27, 1989, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. lrout moved that the pending list be received and filed. The
motion was seconded by Mr, Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .......... 7.
NAYS: None O.
COUNCIL: A con~nunication from Mayor Noel C. Taylor requesting an
Executive Sessiom to discuss a personnel matter, pursuant to Section
2.1-344 (a) (1), Code of Virginia (1950), as amended, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor-. 7.
NAYS: None--- O.
22
ACTION:
ACTION:
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BONDS-HOUSING: A communication from Mr. Alton L. Knight. n, Jr.,
Attorney, representing the City of Roanoke Redevelopment and Housing
Authority, requesting approval of a plan to assist Lee Howard Partner-
ship III, in financing the acquisition, rehabilitation and equipping of
a 300-unit apartment complex known as Brittany Apartments, located at
410 Westside Boulevard, N. W., by issuance of revenue bonds, in an
amount not to exceed $4,500,000.00; and also in financing the acquisi-
tion, rehabilitation and equipping of a 96-unit apartment complex known
as Woodridge Apartments, located at 2263 Mountain View Terrace, S. W.,
by issuance of revenue bonds, in an amount not to exceed $2,000,000.00,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29482) A RESOLUTION approving the plan of financing of the City
of Roanoke Redevelopment and Housing Authority relating to the Brittany
Apartments for the benefit of Lee Howard Partnership III, a Virginia
general partnership to be formed in which at least a majority of the
partnership interests will be owned by Edwin Jacobs.n, Fred Jacobson
and Hyman Cohen, to the extent required by Section 147(f) of the
Internal Revenue Code of 1986, as amended, and Section 15.1-1378.1 of
the Code of Virginia of 1950, as amended.
(For full text of Resolution, see Resolution Book No. 51, page 132.)
Mr. Bowers moved the adoption of Resolution No. 29482. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ............ 7.
NAYS: None .............. O.
Mr. Bowers offered the following Resolution:
(#29483) A RESOLUTION approving the plan of financing of the City
of Roanoke Redevelopment and Nousing Authority relating to the
Woodridge Apartments, for the benefit of Lee Howard Partnership III, a
Virginia general partnership to be formed in which at least a majority
of the partnership interests will be owned by Edwin Jacobs.n, Fred
Jacobson and Hyman Cohen, to the extent required by Section 147(f) of
the Internal Revenue Code of 1986, as amended, and Section 15.1-1378.1
of the Code of Virginia of 1950, as amended.
(For full text of Resolution, see Resolution Book No. 51, page 133.)
Mr. Bowers moved the adoption of Resolution No. 29483. Yhe motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....... -7.
NAYS: None .......
O®
BONDS-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council set a public hearing for Monday, March 20,
1989, at 2:00 p.m., to consider the issuance of general obligation
school bonds, in an amount not to exceed $170,758.74, to finance the
purchase of equipment through the Governor's Educational Technology
Initiative Procurement and Financing Program for school purposes, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the School
Board and schedule a public hearing for Monday, March 20, 1989, at
2:00 p.m., or as soon thereafter as the matter may be heard. The
motion was seconded by Mr. Trout and unanimously adopted.
24
ACTION:
It was further advised that Lanford Brothers Company, Inc., was
delayed for approximately one month by Norfolk-Southern regulations;
that corrective measures were taken by authorizing the contractor to
tunnel the sanitary sewer in compliance with Norfolk-Southern regula-
tions; that due to the relatively small amount of rock encountered
during the tunneling operation, the work was completed, with a cost of
approximately $35,882.00; and the City Administration had declared the
situation as an emergency, pursuant to Section 41 of the Charter of the
City of Roanoke (1979), as amended, and authorized Lanford Brothers
Company, Inc., to proceed with corrective work on a unit price basis.
The City Manager recommended that Council ratify action of the
Administration, by issuance of a change order to Lanford Brothers
Company, Inc., for the necessary work and revisions to the sanitary
sewer at Read Road; and authorize payment, in the amount of $35,882.00
from the existing account for the Read Road Bridge, Account No.
008-052-9620-9065.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29484) AN ORDINANCE approving the City Manager's issuance of
Change Order No. I to the City's contract with Lanford Brothers
Company, Incorporated, for construction of the Read Road replacement
bridge; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 135.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29484. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .............. 7.
NAYS: None .......... .0.
VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY-MUNICIPAL
PARKING GARAGE: The City Manager submitted a written report advising
that Virginia Tech, under the leadership of Dr. James McComas,
announced that it would be running the Graduate Center Program in
Roanoke; that Virginia Tech has worked with the University of Virginia,
Radford University, Roanoke College, Hollins College and others, as a
lead agency in providing credit and non-credit courses for citizens of
the Roanoke Valley; that identifiable space separate from Virginia
Western Con~nunity College was thought to be important in order to pro-
perly market the services; and Council, at its November 28, 1988
meeting, authorized the City Manager to enter into an agreement with
Virginia Tech.
It was further advised that Virginia Tech has completed space
planning for the facility; that the cost to renovate the space in the
lower level of the parking garage to make it suitable for a graduate
center was substantially higher than estimated; that the higher cost
was partly due to a very expensive microwave transmission system to
broadcast some of their classes via satellite; that additional esti-
mated costs have resulted in the State asking for a longer rent free
period in order to amortize investment in the space; and specifically,
Virginia Tech has requested space, rent free, for three years in lieu
of two.
The City Manager recommended that he be authorized to enter into
an appropriate letter of agreement and lease agreement in a form
approved by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
ACTION:
ACTION:
(#29485) AN ORDINANCE authorizing the proper City officials to
enter into a lease agreement between the City and the Commonwealth of
Virginia and/or Virginia Polytechnic Znstitute and State University for
use of the premises at 111 through 117 Church Avenue, S. W., upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 138.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ........ 7.
NAYS: None ......
REPORTS OF CO)~ITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:25 p.m., the Mayor declared the meeting in recess.
At 4:45 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
SALE/PURCHASE OF PROPERTY-FLOOD CONTROL: The City Manager sub-
mitted a written report advising that flood damaged houses on Shadeland
Avenue, N. W., were sold at public auction in September, 1988; and Mr.
Dan Mosse purchased two of the houses and relocated them in the area of
Autumn Lane, N. W., to properties owned by Seven Investors, Inc.
It was further advised that neighborhood reaction to the houses
was strongly negative; that purchase of the properties was required to
eliminate neighborhood concerns; and use of City forces to clear the
lots and retain them for tentative use as open space, pursuant to the
City's Comprehensive Plan, was recommended.
The City Manager recommended that Council authorize acquisition of
properties on Autumn Lane, N. W.; and transfer funding in the amount of
$60,000.00 from the General Fund Contingency to an account to be
established by the Director of Finance in the Capital Projects Fund to
provide sufficient funds for purchase of the properties.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29486) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 136.)
Mr. Bowers moved the adoption of Ordinance No. 29486. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ................. 7.
NAYS: None ...................... O.
26
Mr. Bowers offered the following emergency Ordinance:
ACTION:
(#29487) AN ORDINANCE providing for the acquisition of real
estate needed by the City; authorizing the City Manager to affix a cer-
tain limit of the consideration to be offered by the City for each par-
cel; providing for the City's acquisition of such real estate by
condemnation, under certain circumstances; directing the mailing of
this ordinance to each property owner; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 137.)
Mr. Bowers moved the adoption of Ordinance No. 29487. The motion
was seconded byMr. Trout and adopted ~, the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .......... 7.
NAYS: None ....... .0.
ROANOKE ARTS COMMISSION: The Mayor advised that there was a
vacancy on the Roanoke Arts Commission created by the resignation of
Ms. Eugenia L. Taubman, for a term ending June 30, 1990, and called for
nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Susan J. Cole.
ACTION:
There being no further nominations, Ms. Cole was elected as a
member of the Roanoke Arts Commission, to fill the unexpired term of
Ms. Eugenia L. Taubman, ending June 30, 1990, by the following vote:
FOR MS. COLE: Council Members Bowles, Fitzpatrick, Garland,
Musser, Trout, Bowers and Mayor Taylor ........ .7.
AIRPORT: The Mayor advised that the four year term of Mr. Kit B.
Kiser as a member of the Roanoke Regional Airport Con~nission would
expire on March g, 1989, and called for nominations to fill the
vacancy.
Mr. Bowers placed in nomination the name of Kit B. Kiser.
There being no further nominations, Mr. Kiser was reelected as a
,~mber of the Roanoke Regional Airport Commission for a term of four
years, ending March 9, 1993, by the following vote:
ACTION: FOR MR. KISER: Council Members Bowles, Fitzpatrick, Garland,
Musser, Trout, Bowers and Mayor Taylor ........ 7.
There being no further business, the Mayor declared the meeting
adjourned at 4:50 p.m.
ATTEST: p(~
~ ~ity Clerk
APPROVED
m
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 13, 1989
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 13, 1989, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, ~egular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~, as amended.
PRESENT: Council Members David A, Bowers, Beverly T. Fitzpatrick, Jr.,
Robert A. Garland, Howard E. Musser and Mayor Noel C. Taylor ............ 5.
ABSENT: Council Members Elizabeth T. Bowles and James O. Trout ...... 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F, Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Frank W. Feather,
Pastor, Forest Park Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
CIVIC CENTER: Pursuant to notice of advertisement for bids for
installation of an elevator for handicapped persons and related uses at
the Roanoke Civic Center, said bids to be received by the City Clerk
until 4:30 p.m., on Monday, March 13, 1989, and to be held, opened and
read before the Council at 7:30 p.m., on that date, or as soon there-
after as the matter may be heard, the Mayor asked if anyone had any
questions about the advertisement for bids, and no representative pre-
sent raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
Gardner-Smith, Inc.
Martin Brothers Contractors, Inc.
Thor, Incorporated
Breakell, Inc.
Acorn Construction, Ltd.
Construction Services of Roanoke,
Inc.
Q. M. Tomlinson, Inc.
Building Specialists, Inc.
$160,600,00
162,g00.00
163,700.00
167,700.00
169,400.00
171,520.00
176,000.00
184,900.00
Mr. Musser moved that the bids be referred to a con~nittee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the comtttee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately.
28
ACTION:
AIRPORT-BUDGET: A communication from Ms. Mary H. Allen, Deputy
Clerk, Roanoke County Board of Supervisors, transmitting copy of
Resolution No. 22889-2, adopted by the Board of Supervisors on
February 28, 1989, approving the Fiscal Year 1989-90 Operating Budget
for the Roanoke Regional Airport Commission, was before Council.
(For full text, see communication and Resolution on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the communication and Resolution be
received and filed. The motion was seconded by Mr. Muss~r and adopted
by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser and
Mayor Taylor ............ 5.
NAYS: None ........ O.
(Council Members Bowles and Trout were absent.)
ACTION:
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
FLOOD CONTROL: Ms. Mary Burton, 4902 Autumn Lane, N. W., repre-
senting residents of the Ridgewood Subdivision, appeared before Council
and expressed appreciation for Council's consideration and assistance
regarding removal of the Shadeland Avenue houses from Autumn Lane.
Mr. Bowers moved that the remarks of Ms. Burton be received and
filed with appreciation. The motion was seconded by Mr. Fitzpatrick
and adopted.
Mr. Ralph E. Dawson, 4932 Desi Road, N. W., also appeared before
Council and expressed appreciation. He stated that it was his under-
standing that the selling price of the houses was $25.00, each, and if
so, he would like to purchase the houses and burn them in the presence
of the Fire Department inasmuch as they are in no condition for human
habitation.
Mr. Bowers moved that the remarks of Mr. Dawson be received and
filed. The motion was seconded by Mr. Garland and adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
TRAFFIC-GRANTS-HOUSING: The City ~4anager submitted a ~r)Lten
report advising that the Virginia Housing Development Authority (VHDA)
makes loans at below-market interest rates for home purchases,
construction or purchase and repair to families with income generally
in the $12,000.00 - $38,000.00 range; and the Urban Preservation and
Infill Program (UP & I Program) is specifically designed to reserve
loan funds for use in low income and/or distressed "Qualified Census
Tracts and/or Approved Areas of Chronic Economic Distress", as defined
by the U. S. Internal Revenue Code, which is 70% or more of the fami-
lies who are of low-moderate income, i,e. with income at or below 80%
of the statewidemedian income.
It was pointed out that no areas of Roanoke have been designated
as Areas of Chronic Economic Distress; and VHDA has regularly made
allocations of the funds for such targeted areas of Roanoke since 1981,
enhancing homeownershtp, rehabilitation and new construction in older
neighborhoods; that VHDA has offered the City an allocation of
$360,000.00 at a current interest of 9 7/8% to be loaned in IRS-desig-
nated "Targeted Areas"; that the interest rate may be adjusted periodi-
cally to reflect changes in commercial lending rates; that the
allocation is effective through December 14, 1989; that no funds come
directly to the City from the Program; and loan applications are
received and processed by private local commercial lenders, as recom-
mended, by the City and approved by VHDA.
The City Manager recommended that he be authorized to execute the
commitment agreement with YHDA, in the amount of $360,000.00; and that
VHDA be requested to allow all qualified lending agents to originate
loans from the pool of funds.
(For full text, see report on file in the City Clerk's Office.)
29
ACTION:
Mr. Fitzpatrick offered the following Resolution:
(#29488) A RESOLUTION authorizing the execution of an agreement
with the Virginia Housing Development Authority providing for an allo-
cation of a total of $360,000.00 in mortgage financing for certain
areas of the City, and authorizing certain other actions relating
thereto.
(For full text of Resolution, see Resolution Book No. 51, page 138.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29488. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser and
Mayor Taylor--
NAYS: None-
(Council Members Bowles and Trout were absent.)
IRAFFIC-SIREETS AND ALLEYS: The City Manager submitted a written
report advising that the Code of Virginia (1950), as amended,
establishes the eligibility criteria of localities for receiving funds
from the Virginia Department of Transportation (VDOT) for street main-
tenance; that the Code specifies two functional classifications of
highways (Principal/Minor Arterials and Collector/Locals), and
establishes a base payment rate per lane mile for each classification
of roadway; and the rates are adjusted annually by VDOT based upon a
statewtde maintenance index of unit costs for labor, equipment and
materials used by VDOT on roads and bridges.
It was pointed out that the City's eligibility for fiscal year
198B-B9 is approximately $5,860,104.00 in street maintenance payments
from VDOT; that the funds are used for many maintenance expenditures
that the City incurs for streets, sidewalks, curb and gutter, traffic
signals, bridges, signs and pavement markings; that inventory additions
need to be submitted to VDOT prior to April 1, 19B9, in order to be
eligible for payment for the next fiscal year; and additions are to be
submitted on VDOT forms with an accompanying resolution from Council.
It was explained that City staff has found that the list of
streets should be submitted to VDOT before April 1, 1989, to enable the
City's eligibility for payment in the next fiscal year; and approval of
the addition to the street inventory could add $24,141.00 at current
year payment rates, which include new streets, corrections to
current inventory, and streets omitted from the VDOT inventory.
The City Manager reconmmnded that he be authorized to submit the
listing of streets to the Virginia Department of Transportation for
approval by the Conm~nwealth Transportation Board to enable State
Maintenance Payment eligibility.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
2O
ACTION:
(#29489) A RESOLUTION authorizing the City Manager to submit a
street inventory for State maintenance payment eligibility to the
Virginia Department of Transportation (VDOT) upon forms prescribed by
the VDOT for approval by the Con~nonwealth Transportation Board in order
to ensure the City's eligibility for an increase in State maintenance
funds.
(For full text of Resolution, see Resolution Book No. 51, page 139.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29489. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser and
Mayor Taylor ....... 5.
NAYS: None ...... O.
(Council Members Bowles and Trout were absent.)
BUDGET-CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT PROGRAM: The
City Manager submitted a written report advising that on November 28,
1988, Council approved a Capital Maintenance and Equipment Replacement
Program to provide for necessary expenditures; that the approved
Program included a number of items which would not exceed the single
item cost of $10,000.00; and Council's approval is required for single
items purchased which cost exceed $10,000.00, as stated in the Code of
the City of Roanoke (1979), as amended.
It was pointed out that single purchase items from the approved
expenditure list would fall into one of the following four categories:
individual expenditures less than $10,000.00;
items procured through the State Contract System;
items procured through competitive request for
quotations; or
items procured through existing commitments pre-
viously approved by Council.
The City Manager recommended that Council approve a request to
appropriate $563,811.00 to specific budget accounts to allow for pro-
curement of the following single purchase 4rems:
Fire Department
Tactical Radio System
consisting of Base
Station, 47 Radios and
antenna at 1988 contract
prices.
Fire/Police
Departments
- Physical Fitness Equipment
(Cardi ova scul ar)
Grounds Depart-
ment
- 10 mobile radios at 1988
contract prices.
Heal th Depart-
ment
Chlamydia Test Equipment
Portable Seat Scales
Secretarial Chairs.
Locking Safety Cabinet
File System
Hematocri t Centrifuge
Locking File Cabinets
Identification Signage
Ames Serolyzer
Parkfield Microscope
Audio Visual Equipment
Parking Lot Gate
$84,921.00
20,000.00
18,000.00
6,000.00
5OO.OO
2,000.00
800.00
3,500.00
1,100.00
3,875.00
1,300.00
4,000.00
2,500.00
5,200.00
10,000.00
Library
Operational Equipment
consisting of typewriters,
stands, cabinets, window
blinds, chairs and counters.
Historical Document Restora-
tion consisting of misc.,
supplies bindery, microfilming
and photocopying.
Books and Publications of
various types and kinds, and a
reader printer.
20,000.00
20,000.00
50,000.00
Billings and
Collections
- I mobile radio
1,274.00
Signals and
A1 arms
Traffic Signal Replacements
consisting of Controllers,
signals, detectors and various
replacement parts.
100,000.00
Emergency Ser-
vices
Rescue Squad Museum 5,000.00
feasibility study.
Computer Hardware/Software 30,000.00
for Haz-Mat/SARA consisting
of, 2 Micro computers. Software
System Design and training.
City Information
Systems
4 Personal Computers
with Monitors and Printers
for system development.
20,000.00
Law Library
- Books and Publications
of various types and kinds.
20,419.00
Bui 1 ding Mai n-
tenance
Roof repair at Central Library.
Remove and replace sidewalk
at Central Library.
Remove and replace brick
patio at Central Library.
Install New Patio at Library
Roof repair Jefferson
High School.
Guardrail for Bridges and
approaches.
Clean and Seal Brick at Youth
Haven.
Replace wallpaper in Third
Street Annex.
Refinish floors:
Juvenile Probation House
Fire Station #5
Fire Station #7
Fire Station #8
Replace
Fire Station #7
Replace sinks and cabinets
at Health Department.
Replace con,nodes and sinks
at Juvenile Home.
9,695.00
9,845.00
4,385.00
8,380.00
7,000.00
9,937.00
4,310.00
8,500.00
2,085.00
1,736.00
2,151.00
Driveway:
9,482.00
4,400.00
4,100.00
Regional Partner-
ship - Remaining balance on City's 45,540.00
Con~nitment to Regional Part-
nership.
TOTAL $563,811.00
(For full text, see report on file in the City Clerk's Office.)
31
32
ACTION:
ACTZON:
Mr. Bowers offered the following emergency budget Ordinance:
(#29490) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General, Internal Service and Capital Funds Appropriations
and providing for an emergency. '
(For full text of Ordinance, see Ordinance Book No. 51, page 139.)
Mr. Bowers moved the adoption of Ordinance No. 29490. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser and
Mayor Taylor .......
'5,
NAYS: None .......
=0,
(Council Members Bowles and Trout were absent.)
REPORTS OF COMMITTEES:
WATER DEPARTMENT: Council Member Robert A. Garland, Chairman of a
committee appointed by the Mayor to tabulate bids received for replace-
ment of chemical feeders at the Carvins Cove Filter Plant, presented a
written report on behalf of the Committee, recon~r~nding that Council
authorize the City Manager to enter into a contract with Breakell,
Inc., in the total amount of $53,700.00 and 200 consecutive calendar
days; approve the following encumbrance in the Water Department's
Unidentified Replacement, Account No. 002-0562178-9026; and reject all
other bids received:
Contract Amount $53,700.00
Project Contingency 5,300.00
Total Project Amount $59,000.00
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29491) AN ORDINANCE accepting the bid of Breakell, Inc., for
replacement of chemical feeders for the Carvins Cove Filter Plant and
related work, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; and reJecting all other bids made to
the City for the work.
(For full text of Ordinance, see Ordinance Book No. 51, page 143.)
vote:The motion was seconded by Mr. Bowers and adopted by the following
AYES: Council Members Bowers, Fitzpatrick Garland, Musser
Mayor Taylor ........ ,
NAYS: None .......
and
5.
-0.
(Council Members Bowles and Trout were absent.)
BUDGET-SALE/PURCHASE OF PROPERTY-SCHOOLS: Council Member
Howard E. Musser, Vice-Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the Con~nittee, advising that
Oakland School was originally built in 1923 by Roanoke County; that it
was expanded in 1937 and a ~ultt-purpose addition was built ~,
and the site is currently 2.8 · . . - .... 1973;
students, b acres ~n size, with an enrollment of 265
33
m
ACTION:
ACTXON:
Staff reports pointed out that Council, pursuant to Ordinance No.
29403, dated December 19, 1988, authorized acquisition of real estate
identified as Official Tax Nos. 3160103, 3160104 and 3160150, to be
added to the school property; that pursuant to Ordinance No. 29402,
Council also appropriated $221,200.00 to cover the purchase, demolition
of structures and initial improvements to the added property; and the
new area added to school property will total 0.93 acre.
It was advised that initial appraisal information on the proper-
ties was in the form of an independent appraisal prepared as of
November 15, 1985, which placed the value at $175,000.00; that
subsequent information obtained relative to the current fair market
value of the property indicates a current fair market value of
$202,500.00; and analysis of funds on hand, in the amount of
$221,200.00 and current estimated property value, indicate a need for
$22,500.00 in additional funds:
Cost of Demolition
Cost of Improvements
Purchase of Property
Contingency
Total
$ 8,000.00
13,200.00
202,500.00
20,000.00
$243,700.00
Total on Hand
- $221,200.00
Additional Funds Required - $ 22,500.00
The Water Resources Committee recommended that Council appropriate
funds, in the amount of $22,500.00, for the purchase of properties
identified as Official Tax Nos. 3160103, 3160104 and 3160150 from the
General Fund, Account No. 001-004-9310-9512, to Transfers to the
Capital Projects Fund, Account No. 001-004-9310-9508, and Oakland
Elementary School, Account No. 008-060-6065-g003.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29492) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 141.)
Mr. Musser moved the adoption of Ordinance No. 29492. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser and
Mayor Taylor .......... 5.
NAYS: None .................
Oe
(Council Members Bowles and Trout were absent.)
PENSIONS: Mr. Jcel M. Schl&nger, Secretary-Treasurer of the Board
of Trustees, City of Roanoke Pension Plan, submitted the Actuarial
Report of the City of Roanoke Pension Plan as of June 30, 1988.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report be received and filed. The
motion was seconded by Mr. Garland and adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
34
VIRGINIA TECH-MUNICIPAL PARKING GARAGE-CITY PROPERTY: Ordinance
No. 29485 authorizing the proper City officials to enter into a lease
agreement between the City and the Commonwealth of Virginia and/or
Virginia Polytechnic Institute and State University for use of the pre-
mises located at 111 through 117 Church Avenue, S. W., upon certain
terms and conditions, having previously been before the Council for its
first reading on Monday, March 6, 1989, read and adopted on its first
reading and laid over, was again before the body, Mr. Garland offering
the following for its second reading and final adoption:
(#29485) AN ORDINANCE authorizing the proper City officials to
enter into a lease agreement between the City and the Commonwealth of
Virginia and/or Virginia Polytechnic Institute and State University for
use of the premises at 111 through 117 Church Avenue, upon certain
terms and conditions.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 138.)
Mr. Garland moved the adoption of Ordinance No. 29485. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser and
Mayor Taylor ...... --5.
NAYS: None .........
(Council Members Bowles and Trout were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
GENERAL DISTRICT COURT-CIRCUIT COURT-JUDGES: Council Member
Bowers offered the following Resolution urging the Conmnittee on
District Courts to certify a judicial vacancy in the General District
Court of the Twenty-Third Judicial District, upon the election of tile
Honorable Diane McQ. Strtckland as a Circuit Court Judge of the
Twenty-Third Judicial Circuit:
(#29493) A RESOLUTION urging the Committee on District Courts to
certify a judicial vacancy in the General District Court of the Twenty-
Third Judicial District, upon the election of the Honorable Diane McQ.
Strickland as a Circuit Court Judge of the Twenty-Third Judicial
Circuit.
ACTION:
(For full text of Resolution, see Resolution Book No. 51, page 142.)
Mr. Bowers moved the adoption of Resolution No. 29493. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Garland, Musser and
M~or Taylor ........ .---5.
NAYS: None ........ O.
(Council Members Bowles and Trout were absent.)
ATTEST:
There being no further business, the Mayor declared the meeting
adjourned at 8:00 p.m.
City Clerk
APPROVED
Mayor
35
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
March 20, 1989
2:00 p.m.
m
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 20, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Elizabeth i. Bowles, Beverly T. Fitzpatrick,
Jr., Robert A. Garland, Howard E. Musser, James O. Trout, David A. Bowers and
Mayor Noel C. Taylor ............................ 7.
ABSENT: None--- O.
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
Wilburn C. Dibling, Jr,, City Attorney; William X Parsons, Assistant City
Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Gary N. Curtis,
Pastor, Mt. Zion African Methodist Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America
tvas led by Mayor Taylor.
SCHOOLS: Mrs. Marion V. Crenshaw, Youth Coordinator, introduced
students from Hamburg, Germany, and Narita, Japan, who were par-
ticipating in an Exchange Student Program with Patrick Henry High
School.
BID OPENINGS:
ACTION:
ACTION:
VIRGINIA TECH-MUNICIPAL PARKING GARAGE: Pursuant to notice of
advertisement for bids for construction of the Roanoke Valley Graduate
Center in the Municipal Parking Garage at 111 Church Avenue, S. W.,
said bids to be received by the City Clerk until 1:30 p.m., on Monday,
March 20, 1989, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Breakell, Inc.
Boxley Construction Company
Martin Brothers Contractors, Inc.
Thor, Inc.
Acorn Construction, Ltd.
Construction Services of Roanoke,
I~c,
Gardner-Smith, Inc.
Edward C. Kennedy and Associates,
Inc.
Building Specialists, Inc.
$134,900.00
140,000.00
143,450.00
143,950.00
144,750.00
144,900.00
149,490.00
152,817.00
154,000.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Ktser as members of the committee.
36
ACTION:
ACTION:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for construction of a box culvert storm drain on Southern Hills
Lane, S. W., said bids to be received by the City Clerk until
1:30 p.m., on Monday, March 20, 1989, and to be held, opened and read
before the Council at 2:00 p.m. on that date, or as soon thereafter as
the matter may be heard, the Mayor asked if anyone had any questions
about the advertisement for bids, and no representative present raising
any question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
BASE BID TOTAL
E. C. Pace Company, Inc.
Aaron J. Conner General Contractor,
Inc.
A. R. Coffey & Sons, Inc.
Branch Highways, Inc.
S. C. Rossi & Company, Inc.
Robertson Construction Company,
Inc.
Prtllaman & Pace, Inc.
$225,801.00
225,843.40
230,758.00
245,095.00
279,835.00
281,970.00
297,310.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as members of the committee.
ACTION:
PUBLIC HEARINGS:
BONDS-SCHOOLS: Pursuant to motion adopted by the Council on
Monday, March 6, 1989, Council having authorized the City Clerk to
advertise a public hearing for Monday, March 20, 1989, at 2:00 p.m., or
as soon thereafter as the matter may be heard, to consider the issuance
of general obligation school bonds, in an amount not to exceed
$170,758.74, to finance the purchase of equipment through the Govenor's
Educational Technology Initiative Procurement and Financing Program for
school purposes, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Monday, March 6,
1989, and Monday, March 13, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29495) AN ORDINANCE authorizing the issuance of not to exceed
$170,758.74 general obligation school bonds, Educational Technology
Series, of the City of Roanoke, Virginia, to be sold to the Virginia
Public School Authority and setting forth the form and details thereof
and authorizing participation in the State Non-Arbitrage Program.
(For full text of Ordinance, see Ordinance Book No. 51, page 148.)
The motion was seconded by Mr. Trout.
The Mayor inquired if there were persons present who would like to
address Council relative to the public hearing. There being none,
Ordinance No. 29495 was adopted, on its first reading, by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ......... 7.
NAYS: None ....... -0.
37
m
ACTION:
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council.
MINUTES: Minutes of the special and regular meetings of Council
held on Monday, November 28, 1988; the regular meeting held on Monday,
December 12, 1988; the special meeting held on Wednesday, December 14,
1988; and the regular meetings held on Monday, December 19, 1988, and
Tuesday, December 27, 1988, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ............ 7.
NAYS: None .................... O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344.(a)~(~, Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ............. 7.
NAYS: None .............. O.
AIRPORT: A report of qualification of Kit B. Kiser as a member of
the Roanoke Regional Airport Commission for a term of four years ending
March 9, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote: .~
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ................. 7.
NAYS: None .............
-0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PETITIONS AJiD COMMUNICATIONS:
NONE.
38
ACTION:
ACTION:
ACTION:
ACTION:
BUDGET-ELECTIONS-REGISTRAR: A communication from Ms. Audrey M.
Franklin, General Registrar, recon~nending appropriation of $32,000.00
to the Electoral Board budget to provide necessary funds to conduct a
Special Bond Election on April 11, 1989, and a Republican Primary
Election on June 13, 1989, was before Council.
(For full text, see con~nunication on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29496)
the 1988-89
emergency.
AN ORDINANCE to amend and reordatn certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 144.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29496. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ......... 7.
NAYS: None ...... O.
A report of the City Manager concurring in the request of the
General Registrar, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed.
motion was seconded by Mr. Fitzpatrick and unanimously adopted.
The
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting appropriation of $787,866.00 from the Capital Main-
tenance and Equipment Replacement Fund to be used for Highland Park
Elementary School construction costs and equipment modernization,
school equipment replacement, purchase of school activity buses, roof
renovations, facility maintenance, asbestos abatement for roofs, and
school paving needs, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the School Board
received an allocation of Capital Maintenance Equipment and Replacement
Program (CMERP) funding from fiscal year 1988, in the amount of
$1,540,000.00; that after the request of $787,866.00, the School Board
will have a remaining available balance of $150,OOD.OD in CMERP fun-
ding; that the request is to be used for equipment purchases, building
repairs, and renovations and painting; and recommended that Council
concur in the request of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29497)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 145.)
Mr. Trout moved the adoption of Ordinance No. 29497. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....... .--7.
NAYS: None ..........
39
m
ACTION:
INDUSTRIES: A communication from Mr. Robert E. Glenn, Attorney,
representing the Industrial Development Authority of the City of
Roanoke, requesting approval of a plan to assist FiberCom, Inc., in
purchasing certain equipment to be used in its manufacturing operations
at 3353 Orange Avenue and 3361 Melrose Avenue, N. W.,; to renovate its
manufacturing facilities at 3361 Melrose Avenue, N. W.; to provide
additional manufacturing facilities at 3353 Orange Avenue, N. W.; and
to refund its $650,000.00 Industrial Development Revenue Bond dated
October 15, 1985, and its $1,500,000.00 Industrial Development Revenue
Bond dated December 20, 1984, by issuance of industrial development
revenue bonds, in an amount not to exceed $2,500,000.00, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
{#29498) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the benefit of FiberCom, Inc., to the extent required by Section 147 of
the Internal Revenue Code of 1986, as amended.
(For full text of Resolution, see Resolution Book No. 51, page 146.)
Mr. Trout moved the adoption of Resolution No. 29498. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ...................... 7.
NAYS: None ............. O.
m
m
ACTZON:
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE,
ITEMS RECOMMENDED FOR ACTION:
PLANNING-GRANTS: The Assistant City Manager submitted a written
report on behalf of the City Manager advising that the City of Roanoke
receives an annual entitlement from the U. S. Department of Housing and
Urban Development (HUD) in the form of a Conmmnity Development Block
Grant (CDBG); that HUD representatives informed City staff that
Roanoke's CDBG allocation will be $1,547,000.00 for the City's fiscal
year 1989-1990; and the budget also includes $714,443.00 in estimated
program income generated from prior CDBG investments, and funds
totalling $319,028.00 transferred from prior grant years.
It was pointed out that two public meetings have been held to hear
recommendations of citizens on January 17, 1989 and March g, 1989; that
Council will be briefed on April 3, 1989, at the regularly scheduled
Council meeting, on recommended activities for the Fiscal Year 1989-
1990 CDBG program; that citizen participation requirements call for an
evening public hearing by Council prior to submission of the CDBG
Statement of Objectives to HUD; and the City is required by HUD to
publish a Draft Statement of Objectives in the newspaper which will
appear in the Neighbors section of the Roanoke Times & World News on
Thursday, March 30, 1989.
The City Manager recon~ended that Council schedule a Co~nunity
Development Block Grant public hearing on Monday, April 10, 1989, at
7:30 p.m., in the Council Chamber.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recomendation of the
City Manager, and schedule a public hearing for Monday, April 10, 1989,
at 7:30 p.m., or as soon thereafter as the matter may be heard, in the
Council Chamber. The motion was seconded by Mr. Garland and unani-
mously adopted.
4O
ACTION:
ACTION:
BUDGET-ARCHITECTURAL REVIEW BOARD-LANDF~RKS: The Assistant City
Manager submitted a written report on behalf of the City Manager
advising that the City acquired historic properties at 118-124 Campbell
Avenue, S. W.; and the State Division of Historic Landmarks awarded a
grant of $100,000.00 to defray the City's cash contribution to the
transaction. Mr. Herbert further advised that he recommended that
$400,000.00 be reserved in the 1988-89 Capital Maintenance and
Equipment Replacement Program (CMERP) as part of the cost of future
building renovations to be used in the event that the City is unable to
find a buyer for the Campbell Avenue buildings.
It was pointed out that private individuals continue to show
interest in the Campbell Avenue buildings, but no acceptable proposals
have yet been received; that City forces have performed some interior
cleaning of the buildings to help in showing the properties to prospec-
tive purchasers; and facade cleaning and minor structural repairs are
needed to further improve the appearance and prevent deterioration
until a decision is made on the ultimate disposition of said buildings.
The City Manager reconmnended that Council transfer funds presently
set aside in the 1988-89 Capital Maintenance and Equipment Replacement
Program into a capital account in order that expenditures may be made
for facade cleaning and minor structural repairs.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29499) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 147.)
Mr. Garland moved the adoption of Ordinance No. 29499. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ........ -7.
NAYS: None ............
Om
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of February, 1989.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the financial report be received and filed.
The motion was seconded by Mr. Garland and unanimously adopted.
CITY ATTORNEY:
CITY ATTORNEY-DELINQUENT TAXES: The City Attorney submitted a
written report advising that during 1987-88 budget study, he recom-
mended that a new Assistant City Attorney position be added to his
Office to emphasize collection of debts owed to the City (taxes, liens
for weed abatement and demolition, water and sewer service, damage to
City property, etc.); that Council concurred in his reconmmndation, and
a new Assistant City Attorney I position was created; and subsequently,
on October 12, 1987, Katherine Howe Jones was appointed to the posi-
tion.
It was explained that Ms. Jones has made debt collection one of
her highest priorities; that she has made extensive use of debtor
interrogatories (summons of debtor to court to answer questions asked
by creditor to determine the assets of debtor from which judgment may
be satisfied), garnishments of wages and bank accounts and litigation
to obtain judgments against debtors; that her vigorous efforts, with
support of the excellent staffs of the Office of Billings and Collec-
tions, Department of Finance and the Treasurer's Office, have paid
dividends for the City; that during calendar year 1988, Ms. Jones had
actual collections of $317,948.87; that this amount is more than eight
ACTION:
ACTION~
ACTION:
times her salary and amounts to 67S of the annual budget of the Office
of City Attorney; and in this regard, Council should be comn~.nded for
its foresight and good judgment in making the additional debt collec-
tion resource available.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and unanimously adopted.
REPORTS OF COMMITTEES:
VIRGINIA TECH-MUNICIPAL PARKING GARAGE: Council Member Robert A.
Garland, Chairman of a committee appointed by the Mayor to tabulate
bids received for construction of certain improvements in the Municipal
Parking Garage to be used for a Roanoke Valley Graduate Center, pre-
sented a written report on behalf of the committee, reconm~nding that
the City Manager be authorized to enter into a contract with Breakell,
Inc., in the amount of $134,900.00 and 105 consecutive calendar days;
and that funding for the project be reimbursed by Virginia Polytechnic
Institute and State University.
The Assistant City Manager submitted a written report on behalf of
the City Manager concurring in the reconmmndation of the Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29494) AN ORDINANCE accepting the bid of Breakell, Inc., for
construction of certain improvements in the Municipal Parking Garage
for the Roanoke Valley Graduate Center, upon certain terms and con-
ditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 143.)
Mr. Garland moved the adoption of Ordinance No. 29494. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ................ 7.
NAYS: None .................... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
WATER DEPARTMENT: Ordinance No. 29491 accepting the bid of
Breakell, Inc., for replacement of chemical feeders for the Carvins
Cove Filter Plant and related work, in the amount of $53,700.00, upon
certain terms an.~ conditions, having previously been before the Council
for its first reading on Monday, March 13, 1989, read and adopted on
its first reading and laid over, was again before the body, Mr. Garland
offering the following for its second reading and final adoption:
(#29491) AN ORDINANCE accepting the bid of Breakell, Inc., for
replacement of chemical feeders for the Carvins Cove Filter Plant and
related work, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; and rejecting all other bids made to
the City for the work.
(For full text of Ordinance, see Ordinance Book No. 51, page 143.)
Mr. Garland moved the adoption of Ordinance No. 29491. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ..................... 7.
NAYS: None ....... O.
41
42
ACTION:
ACTION:
ACTION:
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:00 p.m., the Mayor declared the meeting in recess.
At 3:05 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all Members of the Council in attendance.
At 3:05 p.m., the Mayor declared the meeting in recess.
At 4:00 p.m., the meeting reconvened in the Council Chamber, with
Mayor Yaylor presiding and all Members of the Council in attendance.
HOUSING: The Mayor advised that the three year terms of Messrs.
Hugh A. Meagher, George A. McLean, Jr., and Clifford A. Hanmner as mem-
bers of the Fair Housing Board would expire on March 31, 1989, and
called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Messrs. Hugh A.
Meagher, George A. McLean, dr., and Clifford A. Hammer.
There being no further nominations, Messrs. Meagher, McLean and
Hammer were reelected as members of the Fair Housing Board for terms of
three years each, ending March 31, 1992, by the following vote:
FOR MESSRS. MEAGHER, MCLEAN AND HAMMER: Council Members Bowles,
Fitzpatrick, Garland, Musser, Trout, Bowers and Mayor Taylor ......... 7.
HOUSING: The Mayor advised that there was a vacancy on the Fair
Housing Board created by the resignation of The Reverend A. Wade
Coffey, Jr., for a term ending March 31, 1992, and called for nomina-
tions to fill the vacancy.
Mr. Musser placed in nomination the name of Mr. Daniel E. Karnes.
There being no further nominations, Mr. Karnes was elected as a
men~er of the Fair Housing Board for a term ending March 31, 1992, by
the following vote:
FOR MR. KARNES: Council Members Bowles, Fitzpatrick, Garland,
Musser, Trout, Bowers and Mayor Taylor .......... 7.
YOUTH: The Mayor advised that there was a vacancy on the Youth
Services Citizen Board created by the resignation of Ms. Carol B.
Marchal for a term ending May 31, 1991, and called for nominations to
fill the vacancy.
Mr. Musser placed in nomination the name of Ms. Rebecca L. Carter.
There being no further nominations, Ms. Carter was elected as a
member of the Youth Services Citizen Board to fill the unexpired term
of Ms. Carol B. Marchal, ending May 31, 1991, by the following vote:
FOR MS. CARTER: Council Members Bowles, Fitzpatrick, Garland,
Musser, Trout, Bowers and Mayor Taylor ....... -7.
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: The Mayor
advised that there was a vacancy on the Roanoke Neighborhood Partner-
ship Steering Committee created by the resignation of Mr. William W.
Field, Jr., for a term ending November 8, 1989, and called for nomina-
tions to fill the vacancy.
Mr. Musser placed in nomination the name of Ms. A. Catherine
Womack.
There being no further nominations, Ms. Womack was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee to
fill the unexpired term of Mr. William W. Field, Or., ending
November 8, 1989, by the following vote:
42
ACTION: FOR MS. WOblACK: Council Members Bowles, Fitzpatrick, Garland,
Musser, Trout, Bowers and Mayor Taylor--- 7.
There being no further business, the Mayor declared the meeting
adjourned at 4:05 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
m
m~
44
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 27, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in tile
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 27, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Robert A.
Garland, Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowles
and Mayor Noel C. Taylor ................... 7.
ABSENT: None ............ .0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Queen Ester Snell,
Pastor, St. John's A.M.E. Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
SCHOOLS: The Mayor advised that on July 1, 1989, there would be
two vacancies on the Roanoke City School Board, said vacancies being
for terms of three years, each, ending June 30, 1992. He stated that
pursuant to Chapter 9, Education, Article II, Procedure for Election of
School Trustees, Section 9-19, Preliminary sc~eenin~ of candidates, on
or before March 31, Council, as a Comnittee of the Whole, Shall at a
regular or special meeting, review and consider all candidates for the
position of school trustee; whereupon, the matter was before the body.
The Mayor explained that as of March 10, 1989, at 5:00 p.m., the
deadline for receipt of applications, the following persons had applied
for the two upcoming vacancies on the Roanoke City School Board.
Donald Bartol
Mary F. Brooks
Guy W. Byrd, Jr.
Garry A. Fleming
John T. Geary
Sandra B. Light
David K. Lisk
Zaman K. McManaway
Thomas L. Orr
Finn D. Pincus
Denise A. Reedy
Carl B. Sherertz
Mr. Trout moved that the matter be received and filed. The motion
was seconded by Mr. Bowers and unanimously adopted.
BID OPENINGS:
CITY JAIL: Pursuant to notice of advertisement for bids for six
tables and thirty bunks for the medium security area in the Roanoke
City Jail, said bids to be received by the City Clerk until 1:3D p.m.,
on Monday, March 27, 1989, and to be held, opened and read before the
Council at 2:00 p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
45
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
Security Detention Equipnmnt, Inc.
RIB Detention Equipment, Inc.
Ralph Smith, Inc.
$ 7,646.00
9,700.00
13,950.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and reconm~endation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the committee.
CONSENT AGENDA:
NONE
m
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET: The City Manager submitted a written report advising that
on March 3, 1989, a proposed schedule for the Fiscal Year 1989-90
Budget Study and Adoption Process was forwarded to Council; that
Council was requested to review the proposed schedule and advise the
Assistant City Manager of any conflicts which Council might have with
the proposed schedule by March 20, 1989; that the Assistant City
Manager received no adverse comments from Council; whereupon the City
Manager recomnended that Council concur in the schedule of dates,
times, and activities which are essential to Council's review and ulti-
mate adoption of the fiscal year 1989-90 budget.
(For full text, see report and proposed schedule on file in the City
Clerk' s Office. )
Mr. Garland moved that Council concur in the proposed schedule.
The motion was seconded by Mr. Trout and unanimously adopted.
BUDGET-HUMAN RESOURCES: The City Manager submitted a written
report advising that the cost of caring for children in the custody of
Roanoke City who are in need of foster care placement has continued to
increase over the years, especially the care of children who are in
need of special treatment services; that payments for treatment of han-
dicapped and mentally disturbed children have increased most signifi-
cantly; and handicapped and mentally disturbed children include
children who are autistic, schizophrenic, brain-damaged, emotionally
disturbed, behaviorally acting out, or mentally retarded.
It was explained out that children are often placed in private
institutions or with foster parents who specialize in offering 24-hour
care to very needful children; that responsibility for payment of the
increased cost of care has been shifted from federal resources to state
and local resources because of a twenty-five per cent reduction in
Title XX funds in 1981 and a federal ceiling on the reduced amount of
funds available through Title XX since that date; and foster care main-
tenance and service funds for fiscal year 1988-89 are underestimated
by $287,000.00 because of the following:
46
Number of children coming into custody of local
Department of Social Services has increased signi-
ficantly:
January 1988 - At time of budget prepara-
tion - Number of children in care: 249
January 1989 - Number of children
in care:
307
Net growth of children in care: (19%) 58
Overall expenditures in Foster Care Programs have
increased:
Fiscal Year 1987-88
expenditure
$1,470,060.00
Fiscal Year 1988-89
projected expenditure
1,843,750.00
The City Manager recon~ended that Council appropriate additional
funds necessary to provide services to children in custody of the local
Department of Social Services, as follows:
Appropriate $250,000.00 to the Department of Social
Services, Account No. 001-054-5314-3140, Foster
Care.
Transfer $37,000.00 to the Department of Social
Services, Account No. 001-054-5314-3115, ADC-Foster
Care, as follows:
$13,000.00 from Account No. 001-054-5313-3105,
Aid To Dependent Children.
$ 3,000.00 from Account No. 001-054-5313-3150,
Refugee.
$ 7,000.00 from Account No. 001-054-5315-2010,
Fees for Professional Services.
$14,000.00 from Account No. 001-054-5316-2010,
Fees for Professional Services.
Transfer $125,000.00 to the Department of Social
Services, Account No. 001-054-5314-3140, Foster
Care, as follows:
$119,575.00 from Account No. 001-004-9310-
9512, Transfers To Debt Service Fund.
$ 5,425.00 from Account No. 001-002-9410-
2199, General Fund Contingency.
Adjust revenue estimates for funds received from
the State Department of Social Services, as
follows:
$125,000.00 increase in Revenue Account No.
001-020-1234-0675, Foster Care.
$ 37,000.00 increase in Revenue Acocunt No.
001-020-1234-0672, ADC-Foster Care and reduce
the following Revenue Accounts:
$ 3,000.00 - Revenue Account No. 001-
020-1234-0679, Refugee.
$ 7,000.00 - Revenue Account No. 001-
020-1234-0680, Fuel
Assistance.
ACTION:
ACTION:
$14,000.00 - Revenue Account No. 001-
020-1234-0681, ESP Employ-
ment Services.
$13,000.00 - Revenue Account No. 001-
020-1234-0671, Aid to
Dependent Children.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(~29500) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 151.)
Mr. Trout moved the adoption of Ordinance No. 29500. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ....................................... 7.
NAYS: None ....................................................... O.
REPORTS OF COMMITTEES:
BUDGET-CIVIC CENTER: Council Member Robert A. Garland, Chairman
of a con~nittee appointed by the Mayor to tabulate bids received for
construction of an elevator for handicapped persons and related use at
the Roanoke Civic Center Auditorium, presented a written report on
behalf of the colmnlttee, recommending that Council authorize the City
Manager to enter into a contract with Gardner-Smith, Inc., in the
amount of $160,600.00 and 150 consecutive calendar days; transfer
$170,000.00 from the Capital Projects Fund, Account No. 008-002-5907-
9003, to an account to be established in the Civic Center Fund for
Elevator for Handicapped; and reject all other bids received.
The City Manager submitted a written report concurring in the
recon~endation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29501) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General, Capital, and Civic Center Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 152.)
Mr. Garland moved the adoption of Ordinance No. 29501. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ....... -7.
NAYS: None ...................................................... O.
Mr. Garland offered the following emergency Ordinance:
(g29502) AN ORDINANCE accepting the bid of Gardner-Smith, Inc.,
for the construction of an elevator for handicapped and related use at
the Roanoke Civic Center Auditorium, upon certain terms and conditions,
and awarding a contract therefor; authorizing the proper City officials
to execute the requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. §1, page 153.)
47
48
ACTION: Mr. Garland moved the adoption of Ordinance No. 29502. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ....................................... 7.
NAYS: None ..................................................... O.
UNFINISHED BUSINESS: NONE.
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
BONDS-SCHOOLS: Ordinance No. 29495 authorizing the issuance of
not to exceed $170,758.74 general obligation school bonds, Educational
Technology Series, of the City of Roanoke, Virg{nia, to be sold to the
Virginia Public School Authority, and setting forth tile form and
detail s thereof and authorizing participation in the State
Non-Arbitrage Program, having previously been before the Council for
its first reading on Monday, March 20, 1989, read and adopted on its
first read{ng and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#29495) AN ORDINANCE authorizing the issudnce of not to exceed
$170,758.74 general obligation school bonds, Educational Technology
Series, of the City of Roanoke, Virginia, to be sold to tile Virginia
Public School Authority and seLLing forth the form and details thereof
and authorizing participation in the State Non-Arbitrage Program.
(For full text of Ordinance, see Ordinance Book No. 51, page 148.)
Mr. Trout moved the adoption of Ordinance No. 29495. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ....................................... 7.
NAYS: None ...................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 2:45 p.m.
APPROVED
ATTEST:
City C1 erk
Mayor
49
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
April 3, 1989
2:00 p.m.
m
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 3, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'(1979), as alnended.
PRESENT: Council Members Robert A. Garland, Howard E. Musser, James O.
Trout, David A. Bowers, Elizabeth T. Bowles (arrived at 4:25 p.m., during the
Executive Session), Beverly T. Fitzpatrick, Jr., and Mayor Noel C. Taylor ..... 7.
ABSENT: None ..........
OFFICERS PRESENT: W. Robert Herbert, City Manage)-; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Willie E. Butler,
Pastor, St. Paul United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
m
ACTION:
ACTION:
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for construction of the Coyner Springs Sewer Extension, said bids
to be received by the City Clerk until 1:30 p.m., on Monday, April 3,
1989, and to be held, opened and read before the Council at 2:00 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Dixon Contracting, Inc.
Moore Golf, Inc.
Aaron J. Conner General Contractor,
Inc.
$258,783.00
362,144.20
398,825.50
Mr. Musser moved that the bids be referred to a con~nittee to be
appointed by the Mayor for tabulation, report and reconmnendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as members of the comnittee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to three requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and con~nittees appointed by Council, and two additional per-
sonnel matters.
ACTION:
ACTION:
ACTION:
ACTION:
MINUTES: Minutes of the regular meetings of Council held on
Tuesday, January 3, 1989, and Monday, January 9, 1989, and the special
and regular meetings held on Tuesday, January 17, 1989, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ................. 6.
NAYS: None .....................
(Council Member Bowles had not arrived.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, con~nissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office,)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ............. 6.
NAYS: None ................. O.
(Council Member Bowles had not arrived.)
COUNCIL: A communication from Vice-Mayor Beverly T. Fitzpatrick,
Jr., requesting an Executive Session to discuss a personnel matter,
pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Vice-
Mayor to convene in Executive Session to discuss a personnel matter,
pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as
amended. The motion was seconded by Mr, Fitzpatrick and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor .............. 6.
NAYS: None .............
Oe
(Council Member Bowles had not arrived.)
PENDING LIST: A list of items pending from July 10, 1978, through
March 27, 1989, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ............ 6.
NAYS: None ..................
(Council Member Bowles had not arrived.)
51
ACTION:
ACTION:
ACTION:
ARCHITECTURAL REVIEW BOARD: A communication from Mr. William L.
Whttwell, Chairman, Architectural Review Board, transmitting an Annual
Report of the Board for the year 1988, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ..................................... 6.
NAYS: None ......................
(Council Member Bowles had not arrived.)
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: A report of
qualification of Ms. A. Catherine Womack as a member of the Roanoke
Neighborhood Partnership Steering Committee, to fill the unexpired term
of Mr. William W. Field, Jr., for a term ending November 8, 1989, was
before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor .................. 6.
NAYS: None .......... O.
(Council Member Bowles had not arrived.)
COUNCIL: A communication from Council Member Howard E. Mu~ser
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
Member Musser to convene in Executive Session to discuss a personnel
matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Fitzpatrick and adopted by
the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor .............. 6.
NAYS: None .......... O.
(Council Member Bowles had not arrived.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
ELECTIONS: A communication from Mr. Alton B. Prillaman,
Secretary, Roanoke City Electoral Board, recommending that Council
schedule a public hearing for Monday, May 8, 1989, at 7:30 p.m., with
regard to the temporary relocation of the polling place for Williamson
Road No. 1 Precinct, from Oakland Elementary School to the Huntington
Court United Methodist Church Fellowship Hall, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
52
ACTION:
Mr. Trout moved that Council concur in the recommendation of the
Electoral Board, and schedule a public hearing for Monday, May 8, 1989,
at 7:30 p.m., or soon thereafter as the matter may be heard. The
motion was seconded by Mr. Garland and adopted.
REPORTS OF OFFICERS:
CITY ~NAGER:
BRIEFINGS:
LIBRARIES: Ms. Beverly Bury, City Librarian, appeared before
Council, and advised that April 9 - 15, 1989, has been designated as
National Library Week. She stated that in celebration therefor, spe-
cial activities have been planned which include tours of the library,
Celebrity Read Aloud Story Times, folk music and concerts, and craft
programs for children.
Ms. Bury called attention to current projects underway by the
library system, which include participation in a shared catalogue
system along with the Virginia Western Community College, the Roanoke
County Public Library and the City of Salem, that allows an individual
to determine the holdings of each of the abovenamed systems. She
referred to a City Employee Literacy Project which has presently
matched ten City employees and students and pointed out that the City
will reapply for an extension of the grant. She advised that the City
of Roanoke has been selected as one of twenty sites in the Commonwealth
of Virginia to have its archival selection evaluated, and further
advised that Council appropriated funds to assist in the restoration
and maintenance of historical and geological materials located in the
Virginia Room of the main library which has received not only local,
state and regional recognition; but draws people from all over the
United States who wish to use the collection. Ms. Bury explained that
the Roanoke City Public Library was recently designated as an affiliate
of the Ford Center which is based in New York and is an independent
national service organization established by foundations to provide an
authoritative source of information on private philanthropic giving,
and advised that the Roanoke system will provide a core collection of
materials, including directories, indexes and information for grant
seekers. She also explained that the Local Chapter of the National
Society of Fundraising Executives has given the City library system a
grant of $500.00 to establish the collection for the first year. She
advised that a planning process is about to be completed, sponsored by
the American Library Association, in conjunction with the City's Office
of Management and Budget, which provides a study of library operations,
and will revise the library's mission statement, goals and objectives,
and a report will be released in May 1989 for approval by the City
Manager and City Council.
The Librarian pointed out that the week of April 9 - 15 is also
National Volunteer Week and the Roanoke Public Library system will
recognize 29 volunteers for approximately 3,000 hours of volunteer ser-
vice to the libraries during the past year. She stated that this
year's theme for National Library Week is "Ask A Professional, Ask A
Librarian", advising that libraries and their custodians receiv~
questions everyday, that no question is too small and librarians will
go the extra mile to provide an answer. She presented the Mayor and
each Member of Council with a packet of material containing a library
card application form and a book entitled, "Librarians A - Z" which is
part of a community helper series, and points out that librarians are
now considered to be conmmnity helpers along with firemen, police offi-
cers, postal workers, teachers and sanitation workers.
GRANTS-BUDGET: The City Manager submitted a written report
advising that the Community Development Block Grant Program (CDBG) was
created in 1974 to replace the old Housing and Urban Development (HUD)
urban renewal and categorical grant programs which were popular during
the late lg60's and early 1970's; and since 1974, the City has received
approximately $30 million in CDBG funds which have been used on
numerous projects in housing, economic development, community services,
and public improvements.
The City Manager further advised that Roanoke's CDBG entitlement
will be $1,547,000.00 for the fiscal year beginning July 1, 1989; that
citizen hearings and workshops were held on January 17 and March 9,
1989, in order to obtain reconm~ndations of citizens and to identify
revitalization needs for the coming year; that public hearing results
were that citizens are generally satisfied with programs which have
been successful in the past and which address the needs for housing and
neighborhood improvement; that the 1989-90 Statement of Objectives and
Budget Proposal therefore places heavy emphasis on housing programs,
economic development and neighborhood revitalization as in previous
years; and the details surrounding the five major categories are con-
tained in the Draft Statement of Objectives and Proposed Use of Funds
which Council received under separate cover, as follows:
Housing Revitalization will total $1,728,500.00
from all funding sources. This includes
$731,500.00 in CDBG funds, and $997,000.00 to be
leveraged from private investments and other state
and federal funding sources.
Economic Development will total $2,186,147.00 from
all funding sources. Of this amount, $716,814.00
is to repay prior commitments on loans from HUD.
Of the total $2,1~6,147.00, CDBG funds will provide
$1,010,103.00, and $1,176,044.00 will come from
other sources, public and private.
Neighborhood Revitalization projects will total
$549,211.00 from all funding sources, of which
$534,224.00 will be provided from the CDBG budget.
Critical needs will be addressed with the ADRC
Renovation project of Mental Health Services, and
the Emergency Assistance Program of the City's
Department of Social Services. These projects
total $311,B76.00, of which $119,000.00 will be
provided by the CDBG program.
General Administration and Program Oversight will
be provided by the Roanoke Redevelopment and
Housing Authority and the City's Office of Grants
Compliance for a total of $234,606.00, of which
$185,624.00 will be provided by the CDBG program.
Total anticipated
$5,010,373.00.
program expenditures
It was pointed out that the proposed CDBG budget and program is a
balanced one which provides for housing improvement, business develop-
merit, the creation of new job opportunities, human development, the
strengthening of neighborhood organizations and adequate administrative
oversight for the entire program; that the program and budget will
allow the City to build upon successes of the past and meet certain
urgent, critical needs; that a public hearing has been scheduled for
Monday, April 10, 1989, at 7:30 p.m., or as soon thereafter as the
matter may be heard, to receive comments of citizens; and Council will
be requested to authorize the submittal of the 1989-1990 Statement of
Objectives to the Richmond Office of the Department of Housing and
Urban Development for review and approval.
(For full text, see report on file in the City Clerk's Office.)
ITEMS RECOMMENDED FOR ACTION:
ARMORY-STADIUM: The City Manager submitted a written report with
regard to automobile racing in Victory Stadium, advising that on
December 19, 1988, Council referred a request of Mr. Whitey Taylor to
use Victory Stadium for automobile racing to the City Manager and the
City Attorney for review and report.
54
ACTION:
The City Manager further advised that City Council in 1951, 1954,
1961, 1965, 1966 and 1967 denied requests for permission to hold stock-
car races in the Stadium as being incompatible with the nearby hospi-
tals and neighborhoods, which actions were taken in response to
concerns of citizens regarding increased noise, traffic, etc.,
resulting from auto racing.
It was 'e~plained that auto racing in Victory Stadium would not be
compatible with several City plans adopted in the last ten years; that
the plans were developed with substantial involvement of the citizens
of Roanoke and include the following: (1) Roanoke's Parks Today and
Tomorrow reconmnends development of a sports complex in the vicinity of
the Stadium to meet the need for competition quality athletic facili-
ties, (2) Sports Complex Master Plan includes a certified 400 meter
track and other improvements to enhance the use of the Stadium, with
over $3 million having been invested to develop quality athletic faci-
lities at the complex that are compatible with each other and also with
the adjoining land uses (residential, medical and commercial), (3)
Roanoke Vision -- Southwest Neighborhood Plan reconm~nds that the uni-
que neighborhood character and the quality of life of South Roanoke
should be maintained and protected.
The City Manager advised that neighborhood opposition has been
expressed against the request, with noise, traffic, image and com-
patability with adjoining uses noted as key concerns.
The City Manager recommended that Council deny Mr. Taylor's
request to use Victory Stadium for automobile races. In submitting his
reconmendation, he pointed out that Council's policy prohibiting auto
racing in the Stadium as being incompatible with adjoining medical and
residential uses would be reaffirmed, but adopted City plans, as above
outlined, would remain consistent with the expressed desires of the
con~unity and the Council; and concerns of citizens regarding noise,
traffic, etc., would be addressed in a postive manner.
(For full text, see report on file in the City Clerk's Office.)
The City Attorney submitted a written report advising that the
City Manager has reiterated several reasons for denying Mr. Taylor's
request; that he reviewed Mr. Taylor's most recent request and the
response of the City Manager; that objections to Mr. Taylor's request,
which were cited in the City Manager's report, continue to appear to be
sound reasons for denying the request; and he was of the opinion that
the City Manager's most recent reconm~ndation is legally justifiable.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the matter be placed on the Council
floor for discussion. The motion was seconded by Mr. Garland.
Mr. Edward A. Natt, Attorney, representing Mr. Whitey Taylor,
appeared before Council and advised that the request had been pending
for several months; and Mr. Taylor had sought permission from Council
to conduct up to three events at Victory Stadium during the sun,er
months in order to determine if any type of arrangement could be made
to use the Stadium for automobile racing. He stated that Mr. Taylor
had proposed to hold racing events on Memorial Day, Independence Day,
and Labor Day weekends, and referred to an outline proposing that each
series of events would be a combination of five races in various
classes; and all racing automobiles would be required to have mufflers
and each event would be limited to a maximum of twenty cars. He added
that it was proposed that racing would conmnence at 7:30 or 8:00 p.m.,
with an 11:00 p.m., curfew; and the highlight event would be conducted
in the middle of the evening so that once the main attraction was over,
spectators could leave as they saw fit in order that there would not be
mass exiting after the last race.
Mr. Natt stated that Mr. Taylor had agreed to take all steps
necessary to cooperate with the City in order to determine and insure
that safety is paramount, and to insure that Victory Stadium is main-
tained in its present condition without damage or deterioration. He
noted that the pit areas would be outside the east stands on the river
end of the Stadium. He advised that concern had been expressed with
regard to land use and effect on the existing neighborhood, and pointed
out that the vast majority of surrounding property almost completely
encircling Victory Stadium is zoned Heavy Manufacturing District, and
further advised that while it is understood that the South Roanoke area
is mainly residential, with the immediate area surrounding the Stadium
being basically Heavy Manufacturing, it was felt that 20 cars in any
race with mufflers would not create additional noise. He explained
that it was hoped to have between 8,000 - 10,000 persons in attendance
at any event which, in turn, would be of economic benefit to the City
of Roanoke and to the Roanoke Valley as a whole inasmuch as some of the
spectators would come from outside of the Roanoke Valley.
Mr. Natt pointed out that the narrowest point of paving at Victory
Stadium is 30 feet, with the widest point being 50 feet, and referred
to a con~nunication under date of October 27, 1989, from Mr. Nick
Jamison representing the Bowman-Grey Stadium in Winston-Salem, North
Carolina, where racing has been successfully undertaken for 40 con-
tinuous years on a track which is very similar in size and shape to
Victory Stadium. He explained that Bowman-Grey Stadium, at its widest
point, is 48 feet or two feet narrower than Victory Stadium, with its
narrowest point at 34 feet, and called attention to the fact that the
range of the Bowman-Grey Stadium is very similar to Victory Stadium.
He stated that three to five cars could be placed abreast on the
narrowest point of Victory Stadium's tracks. He pointed out that it
was important to remember that auto racing is the largest spectator
sport in the United States; that Bowman-Grey Stadium is, according to
ratings, the number one short track stadium in the entire country, and
the City of Roanoke has a facility that is almost identical to the
Bowman-Grey Stadium.
Mr. Natt advised that Mr. Taylor was endeavoring to put together
another cooperative venture in which a businessman and the City could
work together to provide events that would bring people to the City of
Roanoke and also produce revenue.
Mr. Musser inquired if Mr. Taylor would agree to have a noise
test prior to and after the first race; whereupon, Mr. Natt advised
that noise tests have been conducted in the entire area, with the
exception of an actual race in Victory Stadium, and stated that his
client would be more than willing do do so.
Concern was expressed over the loud speaker system and crowd
control in which it was pointed out that football games take place in
the winter months when doors and windows of nearby residents are
closed.
Mr. Natt advised that no alcoholic beverages would be allowed or
sold on the premises; and if City personnel or equipment was used, the
City would be appropriately compensated, and there would be no cost to
the City for security, bonding, extra clean up, or personnel, etc.
At this point, the Mayor advised that he would entertain the com-
ments of citizens.
Mrs. Barbara Duerk, Chairman, Neighbors in South Roanoke, 2607
Rosalind Avenue, S. W., appeared before Council and advised that in the.
winter of 1998, at the continuation of Roanoke Vision, the City's
Twenty Year Comprehensive Development Plan, residents of South Roanoke
participated with City staff in three workshops that identified neigh-
borhood issues, goals, assets and values. She stated that the South
Roanoke neighborhood is made up of people with diverse occupations and
interests; that the neighborhood is fortunate to have a continuing
influx of young families; and the residential integrity of tree lined
streets, sidewalks, well cared for yards and a neighborhood school make
South Roanoke a place where people want to live. She advised that the
neighborhood organization does not want automobile racing in Victory
Stadium because it would be detrimental to the unique character of the
neighborhood. She pointed out that auto racing would not be com-
patible, under any circumstances, with values cherished by the South
Roanoke's neighborhood. She stated that neighbors in South Roanoke
have requested that City Council uphold its commitment to the neigh-
borhoods and support the concept that Roanoke is not only a great place
to work, but a great place to live.
56
ACTION:
ACTION:
ACTION:
Ms. Josephine Allen, 2432 South Jefferson Street, appeared before
Council and advised that she was concerned about the noise associated
with automobile racing, lack of parking, environmental pollution, and
an increase in traffic, especially from citizens residing in Southwest
County and Franklin County. She stated that if Mr. Taylor wished to
use City equipment, it should be noted that wear and tear would be
costly to the City. She added that the issues of quality of life and
safety of citizens are far more important than concerns over the amount
of money that will be generated to the City if automobile racing is
permitted in Victory Stadium.
Mr. John Moose, 1325 Lafayette Avenue, Charlotte, North Carolina,
President, Motor Sport Racing Association, Inc., appeared before
the body and advised that he stood before Council approximately 27
years ago making the same request that Council was presently hearing.
He stated that 27 years ago, stock car racing ran flat headed Ford
engines and exhaust pipes dropped down to the pavement which created
quite an echo. He pointed out that the City of Charlotte receives
hundreds of thousands of dollars from Roanoke Valley auto racing
patrons. He added that auto racing has its place in society because
everyone who drives an automobile has benefited from the world of auto
racing, and referred to such items as the padded dash, the dish type
steering wheel, seatbelts, fuel additives and tire development, all of
which came about as a result of racing. With regard to the economic
impact, he stated that if he were a resident and taxpayer of the
Roanoke Valley, he would be in favor of Mr. Taylor's proposal because
it would not cost the taxpayers one dime.
Mr. David N. Farnum, 2918 Rosalind Avenue, S. W., appeared before
Council and advised that no financial price tag could be placed on the
South Roanoke neighborhood should auto racing be permitted. He stated
that presently too many events are conducted in the area at the same
time. He pointed out that residents of South Roanoke, by their
absence, have displayed their confidence in the wisdom of City Council
to understand that the proposal of Mr. Taylor is not in line with the
character of the South Roanoke neighborhood.
Mr. Musser advised that Victory Stadium was built for the City of
Roanoke and the Roanoke Valley, and Council has a responsibility to
provide sports entertainment for every citizen in the City of Roanoke.
He stated that the noise factor continued to surface and the only way
to make a determination was to conduct a noise test, compare it to
other events which are held at Victory Stadium, and reach a decision
accordingly as to whether future would be conducted.
Mr. Garland moved that Council concur in the reco~nendatio~ of the
City Manager that the request of Mr. Whitey Taylor for permission to
use Victory Stadium to conduct automobile racing be denied. The motion
was seconded by Mr. Fitzpatrick.
Mr. Bowers advised that he agreed with Mr. Musser regarding the
noise factor, noting that the area in question presently has a train, a
concrete plant, a flower mill, a laundry, and helicopters landing and
taking off. He stated that the matter would not be put to rest until a
trial run had taken place; that Mr. Taylor had agreed to put up the
money, organize the race at no cost to the City, install decible level
detectors in Roanoke Memorial Hospitals and other areas, and he was of
the opinion that at least one race should be authorized on a trial
basis, after which time Council would be in a position to consider the
question of future races.
Following discussion, the motion offered by Mr. Garland, seconded
by Mr. Fitzpatrick, that the request of Mr. Taylor to use Victory
Stadium for automobile racing be denied, was adopted, with Council
Members Bowers and Musser voting no.
Mr. Fitzpatrick moved that the report of the City Attorney be
received and filed. The metion was seconded by Mr. Garland and
adopted, Council Members Bowers and Musser voting no.
57
ACTION:
At 3:10 p.m., the Mayor declared the meeting in recess.
At 3:25 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowles.
CELEBRATIONS: The City Manager submitted a written report with
regard to the Bicentennial Quilt; whereupon, he requested that the
report be withdrawn from the agenda.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council
Manager to withdraw the report.
Fitzpatrick and adopted.
concur in the request of the City
The motion was seconded by Mr.
HOUSING: The City Manager submitted a written report advising
that the Virginia General Assemby appropriated $47.5 million for the
current biennium for various housing programs, most to be designed and
administered by the Virginia Department of Housing and Con~nunity
Development (DHCD); that the Single-Family Rehabilitation and Energy
Conservation Loan Program is one such program, with the following pro-
visions:
Financing for the rehabilitation and upgrading of
single-family houses;
Houses must be occupied by low-moderate income
households;
State funds must be matched in part by funds from
other sources;
State funding of no more than $20,000.00 per owner-
occupied building;
Funding from the State Program is in two parts:
For energy-conserving improvements, funds
will be loaned at zero per cent interest,
with payments deferred and the loan for-
given over an eight year period, i.e. not
intended to be repaid; and
For all other improvement, funds will be
loaned at four per cent interest, payable
over a period of fifteen years.
It was pointed out that Roanoke's application for the State's
Program was endorsed by Council on December 19, 1988; and the City's
application request of Program funds are to be used for the following
purposes:
In conjunction with the Home Purchase Assistance
Program. The City will loan CDBG fund~, already
allocated by Council in the current CDBG budget,
to low-moderate income families or individuals
agreeing to buy, renovate, and live in approxima-
tely eight specific vacant houses yet to be iden-
tified. Funds provided from the State's program
will be loaned for the rehabilitation.
In conjunction with the existing Critical Home
Repair Program. This program already provides
grants of up to $6,0D0.00 each to make critically
needed repairs to the homes of low income
homeowners. The State's program would provide
forgiveable loans for energ~ conservation repairs
to appropriate houses in this year's, and next
year's Critical Home Repair Program. In this way,
additional money-saving improvements may be made at
no cost to the homeowner.
5'8
ACTION:
Loans for rehabilitation of other houses of low-
moderate income families or individuals. This will
be a new program to begin next fiscal year.
The City Manager advised that the City's application for the
program has been approved by the State; that State funds, in the amount
of $300,000.00, will be matched by $237,000.00 in CDBG funds currently
allocated to the abovestated activities, as follows:
$90,000.00 allocated for the purchase loans under
the Home Purchase Assistance Program (CDBG Account
No. 035-088-8820-5115);
$100,000.00 already obligated or spent for repairs
under the current year's Critical Home Repair
Program (CDBG Account No. 035-088-8820-5101);
$47,000.00 estimated in-kind costs of existing
staff for the administration of the various parts
of the Program.
It was further advised that local administration of the loan funds
from the State will be handled cooperatively by the City and the City's
Redevelopment and Housing Authority.
The City Manager explained that an amendment to the current
contract with the City's Redevelopment and Housing Authority will be
required; that servicing of the individual loans from the State Program
will be by the Virginia Housing Development Authority (VHDA); and
recommended that he be authorized to execute the agreement with the
Department of Housing and Co,unity Development for the Single-Family
Rehabilitation and Energy Conservation Loan Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the tollowing emergency Ordinance:
(#29503) AN ORDINANCE authorizing the execution of an agreement
with the Virginia Department of Housing and Community Development for
the purpose of accepting an allocation of certain state funds to be
used for the implementation of the Single-Family Rehabilitation and
Energy Conservation Loaa Program in the City of Roanoke; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 153.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29503. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ........ 6.
NAYS: None ..........
.0.
(Council Member Bowles had not arrived.)
HOUSING: The City Manager submitted a written report advising
that Council, pursuant to Ordinance No. 29270, adopted on August 22,
1988, authorized execution of an agreement between the City and City of
Roanoke Redevelopment and Housing Authority for fiscal year 1988-89;
and the City Manager entered into the contract on August 30, 1988, for
administration of certain programs for the City, including housing
rehabilitation and economic development activities.
It was further advised that the Virginia Department of Housing and
Conm~Jnity Development (HCD) allocated $300,000.00 to the City for
housing rehabilitation in response to an application authorized by
Council on December 19, 1988; and the City will receive $100,000.00 for
fiscal year 1988-89 and $200,000.00 for fiscal year 1989-90.
m
ACTION:
The City Manager pointed out that an amendment to the current City
of Roanoke Redevelopment and Housing Authority contract is necessary to
cover the administrative function of the new Housing and Con~nunity
Development allocation; and recommended that Council authorize execu-
tion of an amendment to the contract for services with the C(ty of
Roanoke Redevelopment and Housing Authority for fiscal year 1988-89,
with such amendment to be approved as to form and execution by the City
Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#29504) AN ORDINANCE authorizing execution of an Amendment to
the current Contract for Services with the City of Roanoke
Redevelopment and Housing Authority providing additional administrative
functions to be performed by the Housing Authority as a result of an
additional allocation of funds by the Virginia Department of Housing
and Con~nunity Development, upon certain terms and conditions; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 154.)
Mr. Bowers moved the adoption of Ordinance No. 29504. The motion
was seconded byMr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor .............. 6.
NAYS: None ..................................................... O.
(Council Member Bowles had not arrived.)
HOUSING-GRANTS: The City Manager submitted a written report
advising that the Virginia General Assembly has appropriated $47.5
million for the current two year period for various housing programs,
most to be designed and administered by the Virginia Department of
Housing and Community Development (HCD); that the Emergency Home Repair
Program is one such program providing grant funds to make emergency
repairs to rental housing units occupied by low income families/
individuals; and Housing and Conm)Jnity Development guidelines for the
program include:
Grant funds awarded by HCD must be matched with at
least an equal amount in cash, in-kind services,
labor, etc. from other sources.
Each housing unit may receive a maximum of $500.00
in grant funds from HCD, unless the repairs or
improvements make the unit handicapped accessible
in which case the unit may receive up to $1,000.00
in grant funds from HCD.
It was further advised that the City was awarded a $10,414.00
grant for the program from HCD in 1988 matched with CDBG funds of
$30,000.00; that as designed, the program addresses substandard rental
property on which condemnation could be avoided by limited repairs, and
whose owner certifies that rent will not be increased due to the
repairs; that approximately fifty per cent of 1988 program funds have
been committed for repairs to ten units; that current funding is
expected to be exhausted by June 1989; and the program is being admi-
nistered by the City, in cooperation with Total Action Against Poverty
(TAP).
The City Manager advised that NCO has notified the City that grant
applications of up to $20,000.00 are being accepted for the second year
of funding under the program; that deadline for submission of the
application is April 24, 1989; and an application has been developed
which requests $20,000.00 for the Emergency Home Repair Program.
59
60
ACTION:
It was explained that authorization by Council is required by HCD
in order for the City to submit its application; that upon notification
from HCD, the City will be awarded grant funds; and a detailed report
will be submitted to Council requesting authorization to accept the
grant and appropriating CDBG funds as a match.
The City Manager recomme, nded that he be authorized to submit an
application for the Emergency Home Repair Program to the Department of
Housing and Community Development.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#29505) A RESOLUTION endorsing an application for an Emergency
Home Repair Grant.
(For full text of Resolution, see Resolution Book No. 51, page 15§.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29505. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ......... 6.
NAYS: None ........
(Council Member Bowles had not arrived.)
BUDGET-HUMAN RESOURCES-GRANTS: The City Manager submitted a writ-
ten report advising that Council accepted Emergency Shelter Grants
Program Grant Awards of $4,000.00 on May 9, 1988, pursuant to
Resolution No. 29086 and $26,000.00 on November 16, 1987, pursuant to
Resolution No. 28872, allocated under the Stewart B. McKinney Homeless
Assistance Act from the U. S. Department of Housing and Urban Develop-
merit to provide services to the homeless; and the City appropriated the
funds from both grant awards to an Emergency Shelter Resource Fund
enabling local non-profit organizations to apply for financial support
to improve and/or maintain the quality of shelter facilities.
It was further advised that Council concurred in the recommen-
dations submitted by the City Manager's Follow-Up Task Force on
Homelessness, pursuant to Resolution No. 29186 adopted on June 27,
1988, Resolution No. 28963 adopted on January 25, 1988, and Resolution
No. 29047 adopted on April 4, 1988, to allocate the funds as follows:
1987 1988
Funds Funds
Shelter Provi der
$20,000.00 $1,700.00
Total Action Against
Poverty (TAP)
$ 6,000.00 2,300.00
Roanoke Area Minis-
tries (RAM House)
It was pointed out that fiscal year 1989 Emergency Shelter Grants
Program appropriations were significantly increased nationally from
1988 levels resulting in an increase in the City's share from $4,000.00
to $24,000.00.
It was explained that an Emergency Shelter Grants Program grant
allocation of $24,000.00 has been awarded to the City of Roanoke by the
U. S. Department of Housing and Urban Development; that the funds,
allocated under the Department of Housing and Urban Development -
Independent Agencies Appropriations Act, 1989, must be used to provide
assistance to the homeless; that the City's Emergency Shelter Resource
Fund will provide the avenue for distributing the funds to local
shelter providers serving the needs of the homeless; that the City will
invite applications from all local shelter providers to ensure the most
beneficial use of the funds; and the Follow-up Task Force on
Homelessness will review proposals and advise the Administration on
which proposals to recommend to Council for funding.
61
ACTION:
ACTION:
The City Manager recommended that Council accept the Emergency
Shelter Grants Program grant award of $24,000.00 from the U. S. Depart-
ment of Housing and Urban Development and appropriate funds to an
account to be established in the Grant Fund by the Director of Finance
and increase the revenue estimate in the Grant Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29506) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 155.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29506. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ..... 6.
NAYS: None--- O.
(Council Member Bowles had not arrived.)
Mr. Fitzpatrick offered the following Resolution:
(#29507) A RESOLUTION accepting an offer of certain Emergency
Shelter Grant Program funds (ESGP) made to the City by the United
States Department of Housing and Urban Development under Subpart B of
Title IV of the Stewart B. McKinney Homeless Assistance Act (Public Law
100-77) and the Stewart B. McKinney Homeless Assistance Amendments Act
(Public Law 100-628); and auChorizing execution of the City's accep-
tance of the aforesaid grant offer and agreement, on behalf of the
City, to comply with the terms and conditions and requirements of said
Department pertaining thereto.
(For full text of Resolution, see Resolution Book No. 51, page 156.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29507. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ......... 6.
NAYS: None ................ O.
(Council Member Bowles had not arrived.)
ZONING-ARCHITECTURAL REVIEW BOARD: The City Manager submitted a
written report with regard to historic properties in the City of
Roanoke.
Mr. Herbert advised that in January, 1988, the Architectural
Review Board recommended 17 properties in the downtown area for H-l,
ttistoric District designation; that these structures were on the
National Register of Historic Places (an official list of properties
recognized by State and Federal Governments for their historic
significance), or had been determined by previous study to be poter~-
tially eligible for the National Register; and six of the structures
were rezoned H-1 in October, 1988.
Mr. Herbert further advised that the request of the Architectural
Review Board was based upon a City-wide historic inventory compiled in
conjunction with Roanoke Vision in 1985; that as a first step in pro-
tecting significant historic properties, the request was specifically
targeted to downtown (bounded by Williamson Road, Elm Avenue, 3rd
Street, S. W., and the railroad tracks) and included several endangered
properties of significance.
It was explained that the inventory prepared in 1985 identified 83
historic structures in tile City and categorized them according to their
degree of significance, and the survey identified six categories of
structures:
62
National Register Properties (12)
Potential National Register Properties (19)
Old Sout)~est Significant Properties (20)
City Market - Significant Properties (2)
Virginia Landmarks Register Property (1)
Properties of Local Significance {29)
The City Manager explained that six of the 83 structures have been
lost or destroyed in the last three years and 32 are now protected by
historic district zoning; that the City Planning staff is continuing to
identify additional historic resources as part of the Neighborhood
Planning Program, and properties of National Register significance will
be recon~nded for Historic District zoning; that the Virginia Historic
Landmarks Regional Preservation Office is now operational at Buena
Vista Recreation Center and will assist the City in preservation
planning; that preservation incentives have been initiated by the City
to benefit ~ners of historic properties, which include a ten year tax
freeze on rehabilitated property, a $20,000.00 technical assistance
fund for property owners, and $100,000.00 in seed money for a preser-
vation loan fund; and a more comprehensive, technical survey of all
historic properties in the City will be a valuable tool in meeting the
City's preservation goals and in preventing crisis situations, and the
inventory will be effective, however, only if the most significant
structures, that is those on or eligible for the National Register, are
protected by local historic zoning.
The City Manager recommended that the Community Planning staff, in
conjunction with the Roanoke City Architectural Review Board and the
Roanoke City Planning Commission continue the following activities:
Prepare the appropriate reports for City Council's
consideration which will provide local historic
zoning for the following properties, which are
already listed on the National Register of Historic
Places. These properties would include Harrison
School, St. Andrews Church, Boxley Building,
Crystal Spring Pumping Station, Buena Vista, Lone
Oaks, Belle Aire, and Monterey. The zoning should
also include the four warehouses at 127, 129, 133
and 143 Norfolk Avenue, which structures are part
of the Warehouse Row National Register Historic
District.
Complete further studies on those structures which
have been identified as "potentially eligible" for
the National Register of Historic Places. These
studies will be coordinated with the newly
established Roanoke Regional Preservation Office.
Pursue financial assistance from the State Division
of Historic Landmarks to complete the inventory of
structures located in downtown Roanoke which may
need to be considered for historic zoning.
Continue the identification of historic resources
located in the City's neighborhoods through the
neighborhood planning process.
(For full text, see report on file in the City Clerk's Office.)
Following discussion of the matter, Mr. Bowers moved that Council
concur in the reconi~endation, with the understanding that the City
Manager will be authorized to include, for local historic zoning, those
properties listed on the inventory prepared in 1985 of 83 historic
structures, and any other properties in which the individual property
owners would be agreeable to include under the historic zoning designa-
tion. The motion was seconded by Mr. Garland and adopted.
63
m
ACTION:
ACTION:
REPORTS OF COMMITTEES:
AIRPORT: Mr. W. Robert Herbert, Chairman of the Roanoke Regional
Airport Con~nission, presented a written report on behalf of the
Commission, advising that Section 17(b) of the contract between the
City of Roanoke, Roanoke County and the Airport Cormnission requires
that any capital expenditure over $100,000.00 be approved by the
Council of the City of Roanoke and the Board of Supervisors of Roanoke
County; and Resolution No. 89-006, adopted by the Roanoke Regional
Airport Con~nission at its meeting on March 15, 1989, authorized the
filing and execution of certain Part 150 Noise Study grant documents on
behalf of the Commission with the Federal Aviation Administration.
Staff reports pointed out that the airport is required to conduct
a new noise study every five years; that the requirement was a special
condition of the ADAP 13, AIP 01 and 02 Runway Extension Grants; that
the Airport Manager advertised for Engineering and Planning services
for a Noise Study; and noise studies that have been conducted in the
past to meet the special grant conditions have been limited to:
study of flight tracks
field monitoring of noise levels
development of noise contour maps
It was further pointed out that the FAR Part 150 Noise Study will
meet and exceed special grant conditions; that one response was
received from Delta Associates, P.E., Inc., together with Harris,
Miller, Miller & Hanson, Inc., as subconsultant; and that negotiations
have been conducted as to scope of work and cost of services.
The Airport Commission recommended that the Chairman be authorized
to file grant applications with the Federal Aviation Administration
(FAA) and the Virginia Department of Aviation (DOA) for a Part 150
Noise Study; that the Chairman also be authorized to execute any grant
offers made by the FAA and the Virginia DOA and any amendments to the
grant offers, subject to the approval of the project by the Roanoke
City Council and the Roanoke County Board of Supervisors; and further
authorize the Chairman to send a copy of the report to the Roanoke City
Council and Roanoke County Board of Supervisors and, by letter of
transmittal, request the approval of said governments as required by
the agreement between the Commission, the City and the County.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#29508) A RESOLUTION approving specific capital expenditures for
an FAR Part 150 Noise Study Project by the Roanoke Regional Airport
Con~ission, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 51, page 157.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29508. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ..................................................... 6.
NAYS: None ................. O.
(Council Member Bowles had not arrived.)
ROANOKE ARTS COMMISSION: A report of the Roanoke Arts Commission
recommending that the City accept Mr. David Breeden's final proposal
for a specific piece of his art work to be displayed in the plaza of
the Roanoke City Courthouse, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed.
motion was seconded by Mr. Fitzpatrick and adopted.
The
64
ACTION:
ACTION:
CITY JAIL: Council Member Robert A. Garland, Chairman of a com-
mittee appointed by the Mayor to tabulate bids received for the
purchase and installation of six tables and thirty bunks for the medium
security area in the Roanoke City Jail, presented a written report on
behalf of the con~nittee recon~nending that Council authorize the City
Manager or his agent to enter into an appropriate contract with
Security Detention Equipment, Inc., in the total amount of $7,646.00
and 25 consecutive calendar days; that Council approve the transfer of
$7,646.00 from Jail Recovered Costs, Account No. 001-024-3310-8005, to
an account to be established by the Director of Finance in the Capital
Projects Fund; and reject all other bids received.
The City Manager submitted a written report concurring in the
recommendation of the Bid Con~nittee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29509) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 157.)
Mr. Garland moved the adoption of Ordinance No. 29509. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ....... 6.
NAYS: None ........ -0.
(Council Member Bowles had not arrived.)
Mr. Garland offered the following emergency Ordinance:
(#29510) AN ORDINANCE accepting the bid of Security Detention
Equipment, Inc., for purchase and installation of certain facilities at
the Roanoke City Jail, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper Ci~v officials to execute
the requisite contract for such work; rejecting all other bids made to
the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 158.)
Mr. Garland moved the adoption of Ordinance No. 29510. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ........ 6.
NAYS: None ........ O.
(Council Member Bowles had not arrived.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 4:10 p.m., the Mayor declared the meeting in recess.
At 4:25 p.m., Council Member Bowles entered the meeting during the
Executive Session.
65
ACTION:
ACTION:
ACTION:
At 5:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
LEAGUE OF OLDER AMERICANS: The Mayor advised that there was a
vacancy on the Advisory Committee of the League of Older Americans,
created by the resignation of Mr. James D. Ritchie, for a term ending
February 28, 1990, and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Ms. Corinne B. Gott.
There being no further nominations, Ms. Gott was elected as a
member of the Advisory Committee of the League of Older An~ricans, for
a term ending February 28, 1990, by the following vote:
FOR MS. GOTT: Council Members Garland, Musser, Trout, Bowers,
Bowles, Fitzpatrick and Mayor Taylor .... 7.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there
was a vacancy on the Roanoke Neighborhood Partnership Steering
Committee created by the resignation of Mr. Thongs F. Brady, for a term
ending November 8, 1989, and called for nominations to fill the
vacancy.
Mr. Fitzpatrick placed in nomination the name of Mr. Louis E.
Ellis.
There being no further nominations, Mr. Ellis was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee, to
fill the unexpired term of Mr. Thomas F. Brady, resigned, for a term
ending November 8, 1989, by the following vote:
FOR MR. ELLIS: Council Members Garland, Musser, Trout, Bowers,
Bowles, Fitzpatrick and Mayor Taylor ....... 7.
COUNCIL-COM~IITTEES: The Mayor called attention to a communication
from Ms. Lin S. Atkins, Executive Director, Virginia CARES, Inc., under
date of March 15, 1989, requesting that Council appoint Mrs.
Elizabeth T. Bowles to serve as a member of the Virginia CARES Board of
Directors.
Mr. Garland placed in nomination the name of Mrs. Elizabeth T.
Bowles.
There being no further nominations, Mrs. Bowles was elected as a
member of the Virginia CARES Board of Directors, by the following vote:
FOR MRS. BOWLES: Council Members Garland, Musser, Trout, Bowers,
Fitzpatrick and Mayor Taylor ...... 6.
(Council Member Bowles abstained from voting.)
SCHOOLS: Pursuant to Chapter 9, Education, Article II, Procedure
for Election of School Trustees, Section 9-20, Selection of Candidates
for Public Interview, of the Code of the City of Roanoke (1979), as
amended, the Mayor advised that Council had previously agreed to select
the persons to be accorded the formal interview for the position of
School Board Trustee at its regular meeting on Monday, April 10, 1989;
however, he explained that it had come to his attention that one men~er
of Council would be absent on that date. He stated that Council had
agreed to select the persons to be afforded the public interview at its
present meeting, and called upon the City Clerk to read the names of
the following persons to be publicly interviwed on Tuesday, April 25,
1989, at 7:00 p.m.
Guy W. Byrd, Jr.
Garry A. Fleming
John T. Geary
Thomas L. Orr
Finn D. Pincus
Denise A. Reedy
There being no further business, the Mayor declared the meeting
adjourned at 5:55 p.
ATTEST:
City Clerk
APPROVED
Mayor
67
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
April 10, 1989
7:30 p.m.
I!
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S, W., City of Roanoke, on Monday, April 10, 1989, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
~, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
tl~, as amended.
PRESENT: Council Members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Robert A. Garland and Mayor Noel C. Taylor ....... 6.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
dr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Mrs. Ethel Eaves,
Associate Pastor, Pilgrim Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-PROCLAMATIONS: Mrs. Elizabeth T. Bowles,
Commander of the Commonwealth of Virginia, American Ex-Prisoners of
War, expressed appreciation to the Mayor for declaring April 9, 1989,
as "National Former P. O. W. Day" in the City of Roanoke. She pointed
out that this special recognition was approved by the United States
Senate and Congress. She stated that April 9 marked the 47th anniver-
sary date when American servicemen holding out at the Battaan Peninsula
succumbed to attacking Japanese forces; and the month of April is held
in remembrance as the month, in 1944, when General George Patton's
troops overran the many P. O. W. camps in Germany, thereby freeing
American soldiers who had suffered severe cold weather, inadequate
shelter, primative sanitation, little or no medical care, little food
and hard labor. She advised that April 9 is a day of recognition of
the integrity of our service men and women who have proven their dedi-
cation and loyalty to our nation under circumstances few of us can ima-
gine and none of us would willingly endure. She pointed out that of the
80,000 former Prisoners of War living in America today, approximately
1,600 live in the Commonwealth of Virginia, with over 100 living in the
Roanoke Valley, all of whom represent a proud affirmation of the
loyalty of American service members.
As Commander of the Commonwealth of Virginia, American Ex-
Prisoners of War, Mrs. Bowles presented the Mayor with a Virginia P. O.
W, Flag. She requested that the flag be presented to the City of
Roanoke and that it be flown on special occasions along with other
flags in the City of Roanoke.
On behalf of elected and administrative officials and more than
one hundred thousand citizens of the City of Roanoke, the Mayor
accepted the flag with honor and appreciation.
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for coating system removal and replacenmnt for chemical storage
tanks at the Roanoke Water Pollution Control Facility, said bids to be
received by the City Clerk until 4:30 p.m., on Monday, April 10, 1989,
and to be held, opened and read before the Council at 7:30 p.m., on
that date, or as soon thereafter as the matter may be heard, the Mayor
asked if anyone had any questions about the advertisement for bids, and
no representative present raising any question, the Mayor instructed
the City Clerk to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the sole bid of Structures & Utilities
Company, Inc., in the total amount of $44,500.00.
68
ACTION:
Mr. Musser moved that the bid be referred to a committee to be
appointed by the Mayor for study, report and recommendation to Council.
The motion was seconded by Mr. Trout and adopted.
ACTION: The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as members of the committee.
ACTION:
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, April 10, 1989, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Vinton Scrap & Metal
Company, Inc., that property located on Daleton Avenue, N. E.,
described as Lots 8 - 13, inclusive, Block 4, Jackson Park Addition,
Official Tax Nos. 3210B24 - 3210829, inclusive, be rezoned from RM-2,
Residential Multi-Family, Medium Density District, to LM, Light
Manufacturing District, subject to certain conditions proffered by and
set forth in the petition to rezone filed with the City Clerk on
February 7, 1989, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, March 24,
1989, and Friday, March '31",I 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to permit the parking of tractor
trailers used in conjunction with the business conducted by Virginia
Scrap & Metal Company, Inc., was before Council.
The Planning Commission recommended that the request for rezoning
be approved, advising that the proposed use would be consistent with
manufacturing activity in the vicinity and would be mere in conformity
with the zoning pattern in the area.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29511) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 321, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 164.)
The m~tion was seconded by Mrs. Bowles.
Mr. Cart L. Kinder, Attorney, appeared before Council in support
of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29511 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ....... 6.
NAYS: None ...... O.
(Vice-Mayor Fitzpatrick was absent.)
GRANTS-PLANNING: Pursuant to action taken by the Council on
Monday, April 3, 1989, Council having authorized the City Clerk to
advertise a public hearing for Monday, April 10, 1989, at 7:30 p.m., or
as soon thereafter as the matter may be heard, on the proposed 19B9-g0
Community Development Block Grant (CDBG) Program for the City of
Roanoke, the matter was before the body.
Advertisement of the public hearing was published in the Roanoke
Times & World-News, "Neighbors" section on Thursday, March 30, 1989,
~'nd in th~ Roanoke Yr'~'bune on Yhursday, March 30, 1989.
(See publishers' affidavits on file in the City Clerk's Office.)
The City Manager submitted a written report advising that Council
was briefed on April 3, 1989, on the recommended Community Development
Block Grant Program (CDBG), including $1,547,000.00 new funds from the
United States Department of Housing and Urban Development (HUD); that
citizen input was received and considered on three occasions, as
follows: January 17, 1989, March 9, 1989, and April 10, 1989; and the
current CDBG fiscal year ends on June 30, 1989.
The City Manager recommended that he be authorized to submit the
Community Development Block Grant Statement of Objectives to HUD for
final review and approval, and that he be further authorized to execute
the grant agreement with HUD on behalf of the City. He pointed out
that upon receipt of programmed budget approval from HUD, a report
detailing the necessary budget appropriations by program and line item,
as well as contracts necessary to carry out the fiscal year 1989-90
program, will be presented to Council for adoption.
Funding from available sources is as follows:
1988-89 CDBG Entitlement
CDBG Program Income
Estimated Funds remaining 6/30/88
Non-CDBG matching funds
$1,547,000.00
714,443.00
319,028.00
2,429,902.00
Total Budget
$5,010,373.00
(For full text, see report on file in the City Clerk's Office.
Mr. Trout offered the following Resolution:
(#29512) A RESOLUTION approving the proposed Fiscal Year
1989-1990 Budget for the Con~unity Development Block Grant Program, and
the Statement of Community Development Objectives and Projected Use of
Funds; authorizing the City Manager to execute the Statement of
Community Development Objectives and Projected Use of Funds for sub-
mission to the United States Department of Housing and Urban
Development (HUD); and authorizing the City Manager to execute the
requisite Grant Agreement with HUD.
(For full text of Resolution, see Resolution Book No. 51, page 159.)
The City Manager advised that in summary, the proposed C.D.B.G.
budget, in the amount of $2,580,471.00, consists of approximately 27
projects and activities. He stated that Comunity Development Block
Grant funds will leverage an additional $2,429,902.00 from other sour-
ces, having a total impact of $5,010,373.00. He explained that a
public administrative meeting was held on January 17, 1989, which
received outstanding participation by citizens who were interested in
the projects, and advised that a public meeting was held on March 9,
1989, in which the C.D.B.G. budget was presented and it was found that
the citizens in attendance were in support of the budget as proposed,
however, they expressed a desire for more funds to be made available by
the Federal Government for these particular projects.
The Mayor inquired if there were persons present who would like to
be heard with regard to the matter; whereupon, Mr. Shaheed Omar, 1219
Loudon Avenue, N. W., appeared before Council and expressed concern
over the number of people on the street who are drug abusers, advising
that his concern rests with helping those people. He stated that as he
reviewed the proposed Community Development Block Grant proposal, the
only assistance he could determine that was directly related to drug
abuses was the funds recommended for the detoxification center which
contains between ten and twelve beds.
69
70
ACTION:
ACTION:
Mr. Omar stated that law enforcement has done a good job in
taking the visibility of drug abuse from public view; however, the
same amount of drugs still exist inside as opposed to outside. He
called attention to the fact that the problem is inside the schools as
opposed to on the streets. He spoke in favor of renovating of the
detoxification center with expanded bed space.
Ms. Margo Kiely, Director of Substance Abuse Services, Mental
Health Services of the Roanoke Valley, appeared before Council and
expressed the appreciation of clients, staff and the Board of Directors
for Council's favorable consideration of the request for Community
Development Block Grant funds to renovate the detoxification and reha-
bilitation center. She stated that the funds, in compliance with other
funds, will allow continuation of licensing and certification, and
renovation of the detoxification center will result in improved ser-
vices to clientele and improved appearance in the neighborhood. She
advised that the funds will help to maintain the kind of strong service
system that will be needed as the City addresses the many and
increasing problems in the war against alcohol and other drug abuse.
Mr. Eddie Blair, Coordinator, Substance Abuse Services, Mental
Health Services of the Roanoke Valley, appeared before Council and
advised that the detoxification program was started in April 1974; and
since its origination, there have been 11,741 admissions to the
program. He added that last year alone, there were 910 admissions,
with the majority of clients being low income and homeless. He noted
that without the program, these individuals would not be able to
receive the kinds of service which are presently inasmuch as this is
the only type of program where individuals can receive medical detoxi-
fication from alcohol and other types of substances, along with
substance abuse education which is intended to help them become produc-
tive citizens of the Roanoke Valley.
Mr. Trout moved the adoption of Resolution No. 29512. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ........ 6.
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent.)
Mr. Trout moved that the City Manager and the City Attorney be
requested to prepare the proper measure to be forwarded to jurisdic-
tions served by Mental Health Services of the Roanoke Valley expressing
Council's concern over the problem of drug and alcohol abuse and the
need to address the matter on a regional basis; viz: renovation of the
Alcohol Detoxification and Rehabilitation Center at 801 Shenandoah
Avenue, N. W., in the total amount of $256,876.00, of which the City of
Roanoke will appropriate $84,000.00 in CDBG funds. The motion was
seconded by Mrs. Bowles and adopted.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to three requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; a legal matter within the
jurisdiction of the governing body, being the negotiation of an
agreement; and an additional personnel matter.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
71
ACT[ON:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor .......... 6.
NAYS: None .........
(Vice-Mayor Fitzpatrick was absent.)
COUNCIL: A communication from Council Member David A. Bowers
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (a) (1), Code of Virginia (1950) as amended, was
before the body. '
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
Member Bowers to convene in Executive Session to discuss a personnel
matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ......... 6.
NAYS: None ...... O.
(Vice-Mayor Fitzpatrick was absent.)
ACTION:
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a legal matter within the jurisdiction of the
governing body, being the negotiation of an agreement, pursuant to
Section 2.1-344 (a) (7), Code of Virginia (1950) as amended, was
before the body. '
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a legal matter
within the jurisdiction of the governing body, being the negotiation
of an agreement, pursuant to Section 2.1-344 (a) (7), Code of Virginia
(1950), as amended. The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ....... ~6.
NAYS: None ........ -0.
(Vice-Mayor Fitzpatrick was absent.)
ROANOKE ARTS COMMISSION: A report of qualification of Susan J.
Cole as a member of the Roanoke Arts Commission to fill the unexpired
term of Eugenia L. Taubman, resigned, ending June 30, 1990, was before
Council.
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ....... -6.
NAYS: None ........
Oe
(Vice-Mayor Fitzpatrick was absent.)
ACTION:
ACTION:
YOUTH: A report of qualification of Rebecca L. Carter as a member
of the Youth Services Citizen Board to fill the unexpired term of
Carol B. Marchal, resigned, ending May 31, lg91, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ........... 6.
NAYS: None ....... O.
(Vice-Mayor Fitzpatrick was absent.)
FAIR HOUSING BOARD: A report of qualification of Daniel E. Karnes
as a member of the Fair Housing Board for a three year term ending
March 31, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received end
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ........... 6.
NAYS: None .......
Ge
(Vice-Mayor Fitzpatrick was absent.)
ACTION:
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
SCtlOOLS: A communication from Council Member David A. Bowers
advising that Council's decision to eliminate incumbent School Board
Member Donald Bartol from consideration for a second term was atro-
cious; that the vote by the majority of Council sent the wrong message
to the community; that it implied that independent-minded citizens need
not apply for service on Roanoke City's authorities, boards, com-
missions and committees, and pointed out that he appreciates the
involvement of independent-minded citizens who represent the middle-
class, the working-class and the poor of the City of Roanoke, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the communication be received and filed.
The motion was seconded by Mr. Trout and adopted, Council Members
Bowers and Musser voting no.
CITY JAIL-ACTS OF ACKNOWLEDGEMENT: A communication from the
Honorable W. Alvin Hudson, City Sheriff, advising that the Roanoke City
Jail has received a two-year accreditation award for its medical and
health care services from the National Commission on Correctional
Health Care; that the jail was recognized for meeting standards for
health care services originally developed by the American Medical
Association (AMA) and now revised by the National Commission on
Correctional Health Care (NCCHC); and further advised that this was the
second consecutive time the City Jail has received the award, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that the communication be received and filed with
congratulations. The motion was seconded by Mr. Musser and adopted.
72
(1
ACTION:
ACTION:
INDUSTRIES: A communication from the Industrial Development
Authority requesting approval of a plan to assist Virginia Transformer
Corporation, in financing land, constructing a manufacturing facility
thereon and acquiring certain equipment to be used in its manufacturing
operations to be located at the end of Glade View Drive, N. E., (across
from the Tultex plant) in the City, by issuance of its industrial deve-
lopment revenue bond, in an amount estimated at $4,000,000.00, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29513) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the benefit of Virginia Transformer Corp., to the extent required by
Section 147 of the Internal Revenue Code of 1986, as amended.
(For full text of Resolution, see Resolution Book No. 51, page 160.)
Mr. Trout moved the adoption of Resolution No. 29513. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ..... ........... 6.
NAYS: None O.
(Vice-Mayor Fitzpatrick was absent.)
TOTAL ACTION AGAINST POVERTY: A con~nunication from Mr. Martin D.
Jeffrey, Co-Chairman, Northwest Supermarket Steering Committee,
expressing appreciation for the support and budgetary considerations
given to the goal of the Northwest Supermarket Project to yield not
only a full service supermarket for inner City residents, but a renewed
con~nitment to neighborhood economic revitalization and development, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed with
appreciation. The motion was seconded by Mr. Bowers and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CELEBRATIONS-MUSEUMS-DONATIONS: The City Manager submitted a
written report advising that the Centennial Quilt was donated to the
City by the Star Ci'~ Quilters G~ild to commemorate the City's one-
hundredth anniversary; that Council accepted the gift by adopting
Resolution No. 26342 on January 3, 1983; and the quilt has been on loan
to the Roanoke Museum of Fine Arts since March, 1985.
It was further advised that the Museum Curator has requested that
the City donate the quilt to the Museum for permanent display and pre-
servation; that the Star City Quilters Guild does not object to the
City donating the quilt to the Museum for permanent display; that
Section 2-269, of the Code of the City of Roanoke (1979), as amended,
requires that the City shall permanently retain an art object unless it
is determined that it is no longer relevant and useful to the purposes
and activities of the City and cannot be properly stored, preserved and
used; that the Arts Commission is required to be consulted prior to the
disposition of any art object and be requested to establish its value;
and since the value of the quilt has been established at $1,500.00,
action by Council is also required.
74
ACTION:
ACTION:
The City Manager recommended that Council adopt the appropriate
measure which would permanently donate the Centennial Quilt to the
Roanoke Museum of Fine Arts to ensure that the quilt will be of full
value to the general public, properly stored, preserved and used.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29514) A RESOLUTION authorizing the donation of the Centennial
Quilt to the Roanoke Museum of Fine Arts.
(For full text of Resolution, see Resolution Book No. 51, page 161.)
Mr. Bowers moved the adoption of Resolution No. 29514. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ........ -6.
NAYS: None ....... -0.
(Vice-Mayor Fitzpatrick was absent.)
PARKS AND PLAYGROUNDS: The City Manager submitted a written
report advising that Festival-in-the-Park, Inc., has requested the use
of certain City park facilities and the barricading of certain public
streets, or portions thereof, in connection with the 1989 Festival-in-
the-Park scheduled for May 25 through June 4, 1989; that pursuant to
Section 15.1-14.9 of the Code of Virginia (1950), as amended, public
liability and property damage insurance must be furnished by organiza-
tions permitted to use the public streets; that the amount of the
insurance is to be established by the governing body; that the required
insurance policy should name the City of Roanoke, its officers, agents,
and employees as additional insured; and as a matter of policy, the
City requires public liability insurance for the use of all public
facilities including City parks.
It was further advised that Council needs to establish the amount
of liability insurance that Festival-in-the-Park, Inc., will be asked
to provide in connection with the subject events; and Festival-in-the-
Park, Inc., has offered to provide an insurance coverage with limits of
liability of $1,500,000.00 Combined Single Limit, which was the amount
established by Council for 1988 Festival-in-the-Park.
The City Manager recommended that Council approve insurance
coverage to be provided by Festival-in-the-Park, Inc., in connection
with the requested use of certain public streets and parks, for a limit
of liability of $1,500,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#29515) A RESOLUTION establishing the minimum amount of public
liability and property damage insuranc~ to be provided by Festival-in-
the-Park, Inc., for festival activities.
(For full text of Resolution, see Resolution Book No. 51, page 161.)
Mrs. Bowles moved the adoption of Resolution No. 29515. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ........ 6.
NAYS: None .........
(Vice-Mayor Fitzpatrick was absent.)
F
ACTION:
ACTION:
PARKS AND PLAYGROUNDS: The City Manager submitted a written
report advisin9 that Festival-in-the-Park is an established annual tra-
dition in Roanoke; that festival activities originate in City parks
during two consecutive weekends in May and June with music, art,
crafts, performing arts, sporting events, food, etc.; that Festival-in-
the-Park, Inc., has requested permission to hang festival banners from
various street light and traffic signal poles in the downtown area;
that the traffic signal poles owned by the City are located at the
intersections of Jefferson Street, Elm Avenue and Jefferson Street,
Franklin Road; and street light poles owned by Appalachian Power
Company (APCO) are located along Elm Avenue and Franklin Road, S. W.
The City Manager recommended that Council grant the request of
Festival-in-the-Park, Inc., for permission to hang festival banners
from City traffic signal poles in the downtown area of the City for the
period May 1 through June 9, 1989.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29516) A RESOLUTION authorizing a revocable permit to Festival-
in-the-Park, Inc., to hang certain banners from City traffic signal
poles in the downtown area, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 51, page 162.)
Mr. Trout moved the adoption of Resolution No. 29516. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ......... 6.
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent.)
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS: Council Member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for construction of the Southern Hills Lane, S. W., box
culvert storm drain, presented a written report on behalf of the com-
mittee reconm~nding that Council authorize the City Manager to enter
into a contractual agreement with E. C. Pace Company, in the amount of
$225,801.00; establish a five per cent contingeny, in the amount of
$11,290.00, for a total project cost of $237,091.00; authorize the
Director of Finance to appropriate and/or transfer the necessary funds;
and reject all other bids received.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(~29517)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 163.)
Mr. Garland moved the adoption of Ordinance No. 29517. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ......... .6.
NAYS: None ....... O.
(Vice-Mayor Fitzpatrick was absent.)
75
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#29518) AN ORDINANCE accepting the bid of E. C. Pace Company,
Inc., for construction of the Southern Hills Lane, S. W., box culvert
storm drain project, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 164.)
Mr. Garland moved the adoption of Ordinance No. 29518. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ........ 6.
NAYS: None ........
(Vice-Mayor Fitzpatrick was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 8:55 p.m., the Mayor declared the meeting in recess.
At 10:30 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Vice-Mayor Fitzpatrick.
ROANOKE ARTS COMMISSION: The Mayor advised that there were two
vacancies on the Roanoke Arts Commission created by the resignations of
The Reverend Timothy W. Ashton, for a term ending June 30, 1989, and Mr.
W. L. Whitwell, for a term ending June 30, 1991, and called for nomina-
tions to fill the vacancy.
Mr. Musser placed in nomination the name of Ms. Mimi Hodgins.
Mrs. Bowles placed in nomination the name of Ms. Harriett M.
Stokes.
There being no further nominations, Ms. Hodgins was elected as a
member of the Roanoke Arts Conmission to fill the unexpired term of The
Reverend Timothy W. Ashton, for a term ending June 30, 1989, and Ms.
Stokes was elected as a member of the Roanoke Arts Commision to fill
the unexpired term of Mr. W. !.. Whitwell, ending June 30, 1991, by the
following vote:
FOR MS. HODGINS AND MS. STOKES: Council Members Musser, Trout,
Bowers, Bowles, Garland and Mayor Taylor ....... 6.
(Vice-Mayor Fitzpatrick was absent.)
Mr. Musser moved that Council waive the Roanoke City residency
requirement for Ms. Hodgtns and Ms. Stokes. The motion was seconded by
Mrs. Bowles and adopted.
77
There being no further business, the Mayor declared the meeting
adjourned at 10:35 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
7'8
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 17, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 17, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Re~
~, of Section 2-15, Rules of Procedure, Code of the City of Roa~
~l, as amended.
PRESENT:
Fitzpatrick, Jr.,
Taylor ........
Council Members James O. Trout, David A. Bowers, Beverly T.
Robert A. Garland, Howard E. Musser and Mayor Noel C.
6.
ABSENT: Council Member Elizabeth T. Bowles ........ --1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Albert Periera,
Administrator, Our Lady of Nazareth Roman Catholic Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PUBLIC HEARING:
SCHOOLS: Pursuant to Chapter 9, Education, Section 9.20.1, Public
~~ ~°Z~o~l_~oa~d Members, of the Code ~
...... , ...... :,,u:u, d~mu also pursuant to motion of the
Council adopted on Monday, February 13, 1989, the City Clerk having
advertised a public hearing for Monday, April 17, 1989, at 2:00 p.m.,
or as soon thereafter as the matter may be heard, to receive the views
of citizens regarding appointment of two School Board Trustees for
terms of three years each commencing July 1 1989, the matter was
before the body. ,
Advertisement of the public hearing was published in the morning
and evening editions of the Roanoke Times & World-New~, on Friday,
April 7, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
Candidates for the School Board Trustee positions to be afforded
the public interview on Tuesday, April 25, 1989, at 7:00 p.m. are as
follows: ,
Guy W. Byrd, Jr.
Garry A. Fleming
John T. Geary
Thomas L. Orr
Finn D. Pincus
Denise A. Reedy
The Mayor inquired if there were persons present who would like to
address Council with regard to the upcoming vacancies on the School
Board; whereupon, the following persons addressed the body.
Ms. Barbara Nelson, 1713 Aspen Street, N. W., appeared before
Council in support of the application of Mr. Guy W. Byrd. She stated
that she had one daughter who graduated from high school and is now in
college and a child who will graduate from the Roanoke City Public
school system in June 1990. She advised that Roanoke City has the best
school system in Virginia because of City Council's selection of School
Board members. She stated that School Board members should be
interested in the educational system and in the con~unity, and Mr.
Byrd is President of Colonial-American National Bank, which is a finan-
cial agent in the community. She added that Mr. Byrd has worked with
the President and other staff members of Virginia Tech on a new educa-
tional program for minority students at William Fleming and Patrick
Henry High Schools known as Tomorrow's Teachers, which will provide a
full four year scholarship for minority students who qualify and wish
to become teachers, advising that this program is the first and only in
the United States and will provide the City of Roanoke with excellent
teachers. She commented that excellent educators make an excellent
school system and an excellent school system helps to make a better
community and a better future, advising that a School Board member
should be interested in the community, both past and present.
Ms. Betty Perkins, 3137 Yardley Drive, N. W., appeared before
Council in support of the application of Ms. Denise Reedy. She
advised that Ms. Reedy is the parent of children enrolled in the
Roanoke City Public Schools; that she is an out spoken person and if
elected to the School Board, she would make a good contribution. She
stated that Ms. Reedy has been involved in the school budget process as
well as having served on various con~nittees. She requested that
Council give favorable consideration to the application of Ms. Reedy
for appointment to the Roanoke City School Board.
Mr. Lee Brooks, 1918 Oxford Avenue, S. W., appeared before Council
in support of the application of Mr. Finn D. Pincus for appointment to
the Roanoke City School Board. He stated that to be taken into con-
sideration should be Mr. Pincus' experience in the field of education
as Director of ECPI in which he deals with the business end of pro-
viding education; however, in many instances he sees the finished pro-
duct of the public education system. He stated that Mr. Pincus has a
desire and a con~nitment to serve the community; and during his term as
President of the Roanoke Jaycees, he was in a position to observe Mr.
Pincus in his efforts to become involved in activities to serve the
community and to make Roanoke a better place to live. He noted that
Mr. Ptncus' concern for the Roanoke community, his commitment and his
desire to make a positive change, is without a doubt, a quality that
should be desired in School Board Trustees. He stated that Mr. Pincus
is a self-professed, non-partisan, open-minded individual who has ties
to no entity other than to the con~nunity, with the best interest of
Roanoke being his only interest. He advised that Mr. Pincus is
qualified for the position that he seeks and implored the Mayor and
Members of Council to appoint him to the Roanoke City School Board.
Mr. Irvin Rutledge, 622 Allison Avenue, S. W., appeared before
Council in support of the application submitted by Mr. Pincus. He
stated that education is a primary part of Mr. Pincus' life; that he is
very much concerned with people and students and he is an ideal person
to work with and to approach problems in a professional manner. He
further stated that the values Mr. Pincus places on education would be
of great value to Roanoke City.
Mr. Crenshaw Reed, 3102 Woodlawn Avenue, S. W., appeared before
Council in support of the application of Mr. Pincus. He called atten-
tion to Mr. Pincus' educational qualifications, advising that he has
the discipline to do his homework, to be an independent thinker and to
develop the background to know where to look for problems. Ne stated
that Mr. Pincus has the discipline to be informed, to gain the right
knowledge, and to ask the right questions in order to make competent
decisions. He further stated that Mr. Pincus is involved, and acutely
responsible in giving of himself, his time and his talents; that his
achievements, both educationally, professionally and athletically as a
long distance runner speak of his character, persistence and per-
severence in the pursuit and accomplishment of his goals. He pointed
out that the Roanoke Valley is rich with natural resources, but its
people are the most important, that the prudent utilization of those
resources is the responsibility of every citizen, and Mr. Pincus is
indeed among those resources. He urged that Council tap those resour-
ces by appointing Mr. Pincus as a member of the Roanoke City School
Board.
79
80
Dr. John Jofko, 3434 Westridge Circle, S. W., appeared before
Council and advised that he was not present to endorse any particular
candidate. He stated that he would like to speak on a broad generali-
zation of the decade ahead, the beginning of a new century that
affects the City of Roanoke, focusing on education. He further stated
that many facets are coming into view, turning points that may have a
bearing on the direction of the City's development, economically,
culturally and educationally, and the sense of a general well being by
all of the citizens in the Roanoke Valley. He explained that Roanoke,
over the past few years, has shown an increase in the aging population
which, with time, will consume more and more of its resources. He
advised that young adults are looking elsewhere for a livelihood to
rear their children, and further advised that the resources of the
young should be the roots of the vitality of Roanoke, otherwise, the
City will wind up with elderly citizens and the young will be born in
poverty and i§norance which perpetuates itself. He pointed out that
the focus on education is now, and the citizens of Roanoke must look
ahead to the next decade. He added that Council has the duty and the
power to elect two new members to the School Board with instinctual
vision for the next decade, and with direction to lead. He stated that
the School Board should make policy and the administration should be
responsible for implementation of policy, both independent of each
other but working together. He added that in the past, for too many
years, the School Board has been an instrument of the Superintendent.
He pointed out that Council must ask the hard questions of its nomi-
nees, not only about the budget, but about curriculum and preparation
for the decade ahead to meet the challenges of making a decent living
in an increasing technological age, to provide the young with skills
and to provide a trained workforce for the City in order to attract
industry which will provide a livelihood and some order in raising a
family, which would, along with other things, be a plus for the Chamber
of Con~nerce in its efforts to advance the City.
With reference to curriculum, Dr. Jofko spoke in support of
courses to advance a higher standard of literacy in economics, logics
and philosophy, foreign languages at an earlier grade level with a com-
mitment to follow through in the high school years, a value system,
geo-political studies to understand the nation and its relationship
with other countries of the world, history of religion, the use of
seminars on a monthly basis to discuss world topics, current events,
science, literature, and journalism. He stated that officials should
look at the dropping out rate, (illegitamacy) and the drug culture,
etc.; and Council has a role to play in setting the tone for the next
decade by making citizens more literate and by providing a strong Board
of Education. In conclusion, Dr. Jofko advised that in the decade
ahead, education must be started at the kindergarten level, fostered at
home and assisted by churches.
Ms. Ruth Spradlin, 25 25th Street, S. W., appeared before Council
in support of the application of Mr. Guy W. Byrd. She stated that the
Roanoke City School system is no new found interest for Mr. Byrd,
advising that he has been active in school affairs and in the day to
day operation of the classroom, and has always been supportive of the
classroom teacher. She pointed out that she was associated with Mr.
Byrd in the banking world; that she found him to be a thorough person
in everything he undertakes, along with excellence in organization and
an overall good executive. She requested that Council give every con-
sideration to Mr. Byrd's application for appointment to the School
Board.
Ms. Kitty Womack, 125 Wentworth Avenue, N. E., appeared before
Council in support of the application of Mr. Thomas Orr. She stated
that for the past several years, she has been impressed with the fine
programs that have been implemented in order to encourage excellence in
education in the City and she would be in favor of continuing these
programs. She pointed out that Mr. Orr has been a resident of the
Williamson Road community for the past twenty years, during which time
he has been extremely active in the con~unity and with the schools in
the area. She called attention to his personal experience with the
school system through his three children who attended Monterey
Elementary School, Breckinridge Junior High School and William Fleming
ACTION:
High School where Mr. Orr worked very closely with the Parent-Teacher
Associations of those schools. She advised that Mr. Orr is a 13 year
member of the Williamson Road Recreation Club where he serves as
President, and he has donated a considerable amount of time coaching
basketball, baseball and softball. She added that Mr. Orr is extremely
conscientious, knowledgeable, dedicated and enthusiastic about the
schools and school programs. She stated that Mr. Orr would do an
excellent job for the Roanoke City School system if elected to the
School Board.
A petition signed by seventy-five persons in support of the appli-
cation of Mr. Thomas L. Orr, was before Council.
(For full text, see petition on file in the City Clerk's Office.)
Mr. Trout moved that the views expressed by citizens be referred
to the public interviews of applicants to be held in the Council
Chamber, The motion was seconded by Mr, Fitzpatrick and adopted.
81
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately.
ELECTIONS: A con~nunication from Mr. Alton B. Prillaman,
Secretary, Roanoke City Electoral Board, transmitting a certified copy
of the abstract of votes cast in the Special Election held in the City
of Roanoke on April 11, 1989, relating to the Roanoke River Flood
Reduction Project, was before Council:
"ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the special election held on April 11,
1989, on the following question or proposition:
ROANOKE RIVER
FLOOD REDUCTION PROJECT
QUESTION: Shall the City of Roanoke contract
a debt and issue its General Obligation Bonds in
the m~ximum principal amount of Seven Million Five
Hundred Thousand Dollars ($7,500,000.00) to
finance, together with other available funds, the
Roanoke River Flood Reduction Project, a needed
permanent public improvement, including channel
widening, construction of protective dikes or berms
in critical areas, flood proofing of certain
buildings at the Sewage Treatment Plant, replace-
ment of low water bridges, construction of a
recreational trail, acquisition and construction of
a flood warning system and acquisition of real pro-
perty for the foregoing, and shall Ordinance No.
29438, adopted by the Council of the City of
Roanoke on February 6, 1989, authorizing the
issuance of said bonds, be approved?
Total Votes
Received
(In Figures)
FOR (YES) 4,271
AGAINST (NO) 3,273
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited with the
Clerk of the Circuit Court of the election on
April 11, 1989, do hereby certify that the above is
a true and correct Abstract of Votes cast at said
election for and against the question or proposi-
tion set forth above.
82
ACTION:
ACTION:
Given under our hands this twelfth day of April,
1989.
A copy teste:
ELECTORAL
BOARD
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice-Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board"
(For full text, see communication and abstract of votes on file in the
City Clerk's Office.)
Mr. Trout moved that the con~nunication and abstract of votes be
received and filed. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ....... .6.
NAYS: None .......
(Council Member Bowles was absent.)
FAIR HOUSING BOARD: A report of qualification of Mr. Clifford A.
Haraner as a member of the Fair Housing Board for a term of three years
ending March 31, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr, Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ....... 6.
NAYS: None ....... O.
(Council Member Bowles was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
ROANOKE NEIGHBORHOOD PARTNERSHIP: A con~nunication from Mr.
Roger E. Franklin requesting Council's consideration of the following
proposals for neighborhood revitalization, was before the body:
"Proposal No. I - Building Code: Change the Code
that allows boarded up houses and buildings to
remain in that condition forever after being con-
demned or any other reason. This should be only a
temporary solution until the property owner or
owners can bring it up to Building Code standards
or razed, i.e. six months to a year.
Proposal No. 2 - Rental Property: Rental property
other than the one the owner lives in should be
required to register with the City and have a
building code inspection at least every two years.
Proposal No. 3 - Businesses: Businessmen, doctors,
lawyers, restaurants and stores should have an
incentive to invest and stay in an area such as
southeast. This is now being done with the CDBG
funds in the nort~est area. The City should give
a tax break for a number of years in these areas.
83
Proposal No. 4 - t would like to say that I believe
in Economic Development and neighborhood revitali-
zation for they go hand in hand. As for Roanoke
City, neighborhood revitalization is a must. For
where in Roanoke is a person to buy land to build a
house? It is in these revitalization areas or out
of the City."
Mr. Franklin stated that he did not wish for any of his proposals
to be in conflict with the historical district zoning, and requested
that Council give his proposals due consideration and act upon them in
a positive manner.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the matter be referred to the City Manager
for study, report and recommendation to Council as soon as possible.
The motion was seconded by Mr. Garland and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET: The City Manager presented the proposed balanced 1989-90
fiscal year budget, in the amount of $139,701,557.00, with no increase
in the current tax rate, no reduction in services and full funding of
the School Board budget, which meets all of the state mandates and
allows for new programs in the public school system.
Mr. Herbert called upon the Director of Finance for a report with
regard to available revenue.
The Director of Finance advised that in 1988-89, the City faced
the loss of state school funds; that in 1987-88, the City faced the
anticipation of what the Federal Government would do with local funding
in anticipation of dealing with a Federal deficit; and in 1986-87, the
City faced the actual loss of Federal Revenue Sharing. He stated that
each year, at budget time, there has been a crisis to deal with on the
revenue side prior to evaluating the City's needs on the expenditure
side; however, Mr. Schlanger advised that, for once, it was nice to say
that there was no crisis on the revenue side -- no bonanza -- but no
crisis. He commented that the econonly has been steady, growth has been
moderate and for once, foreseeable, with no dark clouds on the horizon.
Ne pointed out that General Fund revenue is estimated to be up 6.05 per
cent and the City Manager's proposed budget is based on that estimate;
that growth has been shown in the areas of real estate taxes, personal
property taxes, the sales tax has gone up over seven per cent of last
year but slowing, and the prepared food and beverage tax is showing
steady growth. He called attention to some areas that are relatively
flat, advising that the utility tax has shown no growth whatsoever in
the past three fiscal years and it is predicted to be the same next
year, and the cigarette tax is beginning to show the effects of the
campaign against smoking. He stated that if one takes all of the
taxes and fees that Council is directly responsible for, the estimated
growth is just over six per cent, the same figure that the entire
General Fund is estimated to be. He further stated that the proposed
budget also reflects that Federal and State reimbursements now account
for 29.6 per cent of the total budget compared to 28.5 per cent in the
last fiscal year budget. He pointed out that revenues are discussed in
detail in the City Manager's proposed 1989-g0 fiscal year budget docu-
ment.'
The City Manager advised that citizens of this community have the
right to expect that they can live and work in a safe environment, to
expect that the government will provide a quality education for the
children of this co,unity, regardless of the socio-economic status of
each child; that citizens can expect that the City government, where
necessary and in partnership with State and Federal governments, will
provide for the very basic needs such as food, shelter, and health
care; and it is a growing reality that City government will bring, to
whatever extent it can in partnership with the private sector, economic
84
prosperity and job opportunities for all citizens. He stated that
Council addressed the above ideals in its strategic planning session,
and citizens of the City of Roanoke have a right to expect that all of
the above will be done through reasonable fiscal management.
With regard to public safety, Mr. Herbert advised that the citi-
zens of Roanoke have a right to believe that they can live and work in
a safe environment, and he would like to address, in a pro-active way,
the issue of police services and public safety in this community. He
called attention to the need to have a comprehensive program to deal
with prevention and education, as well as enforcement and treatment.
To that end, he stated that he had recommended 20 additional positions
in the Police Department which breaks down into four major categories;
viz: four police officers to be assigned to the Vice Division which
will provide seven day a week coverage; ten additional patrol officers;
and implementation of the Drug Abuse Resistance Program in the 21 ele-
mentary schools, with four officers to be assigned directly to the 21
schools to work with fourth and fifth graders.
The City Manager pointed out that the second major area of the
proposed 1989-90 fiscal year budget deals with public health, advising
that he was recommending that the City make permanent the existing
Emergency Medical Services personnel which are currently on staff,
which means that they will be eligible to participate in the City's
Retirement System. He stated that he was also recommending the addition
of seven new full time positions to assure citizens that when they call
for basic or advance life support, there will be a driver and a paid
paramedic in the emergency service vehicle who will be trained to
deliver advance life support services.
The City Manager pointed out that the two rescue squads were
incorporating and providing a management oversite committee known as
REMS, which purpose was to increase the strength of the two existing
rescue squads. He advised that it was his desire to do everything
possible to make the volunteer rescue squad system as strong as
possible because Roanoke is the home of the rescue squads and its
volunteers provide the City with $600,000.00 of volunteer effort. He
stated that he was recommending that Council appropriate a sufficient
amount of funds in order that the rescue squads, under the REMS con-
cept, could hire an individual to administer the rescue squad program
in order to free volunteers so that they may render service to the com-
munity.
The City Manager referred to third party insurance billing,
advising that if a person is transported through the Emergency Medical
Services program and the individual has health insurance, it is recom-
mended that Council implement a procedure where a bill would be sent to
the insurance company, noting that no bills would be sent to individual
people, and that the City accept, as full payment, whatever portion of
the bill the insurance company will pay.
With reference to other budgetary matters, the City Manager stated
that he was recommending that funding for the Visitors and Convention
Bureau be increased by $50,000.00; that the City join with other
Valley governments in doubling its contribution to the Roanoke Valley
Regional Partnership from 50 cents per capita to $1.00; and that the
School Board budget be fully funded, including teacher salary
increases, full day kindergarten, additional remedial teachers, and six
and one-half additional elementary school guidance counsellors which
are all state mandates. Mr. Herbert advised that the budget consists
of $139 million, up by approximately six per cent, and breaks down into
two components with the schools budget up by 5.6 per cent and the
City's budget up by 6.3 per cent, with significant new local funds
having been placed in the budget of the Roanoke City Public School
system, in the amount of $500,000.00 more than last year. He pointed
out that the proposed budget does not address every need of the com-
munity inasmuch as there are in excess of $14 million of requests that
have not been addressed. He stated that it is an accomplishment to be
able to submit a budget with no reduction in services, to be able to
fully fund the school budget and to be able to begin to attack critical
issues facing this community, along with basic services, as well as to
begin the process of addressing some of Council's strategic planning
goals.
85
ACTION:
Mr. Trout moved that the City Manager's remarks be referred to
1989-90 budget study. The motion was seconded by Mr. Garland and
adopted.
ITEMS RECOMMENDED FOR ACTION:
ANNUAL REPORTS: The City Manager submitted a written report with
regard to the printing of the 1988 Annual Report for Roanoke citizens.
The City Manager advised that the first magazine style annual
report for the citizens of the City of Roanoke was produced in 1988 and
mailed to every household in the City of Roanoke; that the report was
designed to educate citizens on the role of local government and to
explain how tax dollars were spent in calendar year 1987; that the
report was well received by citizens, and a total cost of producing the
report was $21,500.00.
The City Manager further advised that on March 24, 1989, specifi-
cations were developed for printing the annual report; that bids were
received after due and proper advertisement until 2:00 p.m., on
April 6, 1989, in the Office of Manager of General Services; that a
total of 48,000 copies of the 1988 Annual Report will be printed and
delivered by the U. S. Postal Service to each mailing address in the
City of Roanoke in mid-May; and a prod,ction cost increase of $4,515.00
over the 1987 report is primarily attributable to increased cost for
layout and design.
The City Manager recommended that Council accept the lowest bid
meeting specifications as submitted by Progress Press for printing the
1988 Annual Report, at a total cost of $13,665.00; and that Council
further authorize appropriation of $13,665.00 from the General Fund
Contingency to Fees for Professional Services.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29519)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 165.)
ACTI6N: Mr. Bowers moved the adoption of Ordinance No. 29519. The motion
was seconded by Mr. Fitzpatrick anJ adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Musser and
Mayor Taylor ................ 5.
NAYS: None .............. O.
(Council Member Bowles was absent.) (Council Member Garland was out of
the Council Chamber.)
Mr. Bowers offered the following emergency Ordinance:
(#29520) AN ORDINANCE accepting the bid of Progress Press made to
the City for printing the 1988 Annual Report to Citizens, rejecting all
other bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 166.)
ACTION: Mr. Bowers moved the adoption of Ordinance No. 29520. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Musser and
Mayor Taylor ............. 5.
NAYS: None ..............
(Council Member Bowles was absent.) (Council Member Garland was out of
the Council Chamber.)
86
ACTION:
BUILDING DEPARTMENT: The City Manager submitted a written report
advising that the Vacant Lot Homesteading Program was developed to
reduce the number of vacant, neglected lots in the City's neighborhoods
by helping responsible parties purchase lots; and loans of Federal
funds made by the City under the Program cover the following:
purchase price; up to appraised value,
services of a realtor (in some cases),
legal fees,
costs to clear the lot initially, in cases where
needed, and
other reasonable expenses.
It was further advised that current available funding approved by
the City for the Vacant Lot Homesteading Program is approximately
$11,000.00, all from Community Development Block Grant funds in Account
No. 035-O86-8620-5104.
It was explained that the contract with an intended buyer of a
vacant lot must be executed to commit the buyer to purchase the lot, if
available, and to maintain the lot after it is transferred to the
buyer; that the commitment has been obtained; that the vacant lot is
located on 13th Street, S. W., next to a house that is being renovated
by the owner-occupant; that currently the lot is overgrown and not
maintained; and CDBG funds allocated for the program are currently
obligated to previous agreements, and execution of the contract is
expected to encumber remaining funds, bringing the Vacant Lot Home-
steading Program to a conclusion unless or until Council allocates
additional funds.
The City Manager recommended that he be authorized to execute a
contract with Stephen J. Jones to acquire and maintain a vacant lot
located at 14 Thirteenth Street, S. W., in accordance with the Vacant
Lot Homesteading Program, contingent on the buyers completion and occu-
pancy of the adjacent house; that Council authorize a deferred payment
forgiveable loan from CDBG Vacant Lot Homesteading, Account No.
035-086-8620-5104, to the buyer to be used for purchase and expense of
transfer of the vacant lot; and further authorize the City Attorney and
the Director of Finance to serve as Trustees of the Deed of Trust on
the loan extended to the buyer under the Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#29521) AN ORDINANCE authorizing the City Manager to execute an
Agreement for Acquisition and Maintenance of Vacant Lot with a certain
purchaser of a vacant lot under the City's Vacant Lot Homesteading
Program; authorizing the City Attorney and Director of Finance to exe-
cute a deed of trust securing the loan made as a part of the Vacant Lot
Homesteading Program and to serve as trustees; authorizing the City
Manager to execute a certificate of satisfaction; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 166.)
Mr. Bowers moved the adoption of Ordinance No. 29521. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Musser and
Mayor Taylor ....... -5.
NAYS: None ...... O.
(Council Member Bowles was absent.) (Council Member Garland was out of
the Council Chamber.)
87
ACTION:
ACTION:
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS: Council Member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for construction of the Coyner Springs gravity sanitary sewer
line extension, presented a written report on behalf of the committee
recon~nending that the City Manager be authorized to enter into a
contractual agreement with Dixon Contracting, Inc., to construct the
gravity sewer line at Coyner Springs, in accordance with contract
documents prepared by Clean Water Engineers, Inc., in the amount of
$258,783.00 and 120 consecutive calendar days; that contingency funding
be established in the amount of $35,878.00; and reject all other bids
received.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29522) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Sewage Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 167.)
Mr. Garland moved the adoption of Ordinance No. 29522. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor .... 6.
NAYS: None--- . ....... O.
(Council Member Bowles was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29523) AN ORDINANCE accepting the 'bid of Dixon Contracting,
Inc., for construction of the Coyner Springs Gravity Sanitary Sewer
Line, upon certain terms and conditions, and awarding a contract there-
for; authorizing the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for
the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 168.)
Mr. Garland moved the adoption of Ordinance No. 29523. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor .... 6.
NAYS: None .... .0.
(Council Member Bowles was absent.)
The City Manager submitted a written report advising that a report
of need was considered by Council on July 11, 1988; and Council
approved Ordinance No. 29203, which authorized the following actions:
Execute consent decree with the Commonwealth of
Virginia which provided a time schedule to meet
State compliance by November 5, 1989.
Negotiate and execute an agreement with Botetourt
County providing for certain construction and
treatment credits to partially offset the cost of
the proposed new sewer line and providing for
Botetourt County's ownership and maintenance of the
line.
88
The City Manager further advised that the agreement has been nego-
tiated with Botetourt County and executed on behalf of that jurisdic-
tion; that execution of the contract on behalf of the City is pending
upon receipt of construction bids and Council's acceptance of a bid for
construction; that bids for construction were received on April 3,
1989; that a companion report recommends award of the construction
contract to the low bidder; that the easement needs to be presented by
the City to Botetourt County to permit the existence and future opera-
tion and maintenance of portions of the line to be on City owned pro-
perty in the vicinity of the Juvenile Detention Home.
The City Manager recon)nended that Council award the construction
bid, pursuant to recommendation of the bid committee, and grant an
easement to Botetourt County as shown on Drawing P-58, dated
December 8, 1988, revised on January 12, 1989, as prepared by Clean
Water Engineers, Inc., with such other revisions and form of easement
to be approved by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29524) AN ORDINANCE authorizing a certain sanitary sewer ease-
ment upon City-owned property in the vicinity of the Juvenile Detention
Home in Botetourt County upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 169.)
ACTION: The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor--- 6.
NAYS: None--- O.
(Council Member B~les was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 29511, rezoning property located on Daleton
Avenue, N. E., described as Lots 8 - 13, inclusive, Block 4, Jackson
Park Addition, Official Tax Nos. 3210824 - 3210829, inclusive, from
RM-2, Residential Multi-Family, Medium Density District, to LM, Light
Manufacturing District, having previously been before the Council for
its first reading on Monday, April 10, 1989, read and adopted on its
first reading and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final adoption:
(#29511) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 321, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 164.)
ACTION: Mr. Bowers moved the adoption of Ordinance No. 29411. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ...... 6.
NAYS: None .......... O.
(Council Member Bowles was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
89
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 3:30 p.m.
APPROVED
ATTEST:/~~ ~'
City Clerk
90
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
April 24, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 24, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly'T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor ........... 1.
ABSENT: None ....... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James P. Beatty,
Pastor, St. Paul A.M.E. Church, Blacksburg, Virginia.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CITY CLERK: Mayor Taylor presented a plaque to Ms. Mary F.
Parker, CMC, City Clerk, designating her as "Clerk of the Year", which
award was bestowed upon her at the Annual Meeting of the Virginia
Municipal Clerks Association held in Virginia Beach, Virginia, on
April 6, 1989.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desirPd, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, conmnis-
sions and committees appointed by Council.
ACTION:
COUNCIL: A con~nunication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see con~nunication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees-
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .......... .--7.
NAYS: None ........
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Mr. Louis E. Ellis as a member of the Roanoke Neighborhood Partnership
Steering Co.~ntttee to fill the unexpired term of Mr. Thomas F. Brady,
resigned, ending November 8, 1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
91
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor--- 7.
NAYS: None ..... O.
(I
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $15,960.00 for the Preschool
Incentive Program, to provide funds for orientation and evaluation for
handicapped students who will be entering the public school system for
the first time during the fall of 1989, was before the body.
(For full text, see con~nunication on file in the City Clerk's Office.)
The Director of Finance submitted a written report advising that
appropriation for the Preschool Incentive Program Grant is one hundred
per cent Federally funded; that no local match is required; and recom-
mended that Council concur in the request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29525) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 169.)
Mrs. Bowles moved the adoption of Ordinance No. 29525. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor-- 7.
NAYS: None .......... O.
BUDGET-SCHOOLS: A con~nunication from the Roanoke City School
Board requesting that Council approve a State Literary Fund loan appli-
cation, in the amount of $1 million in connection with the $1.3 million
construction cost for renovations to Oakland Elementary School,
advising that debt service on the loan would increase the Board's debt
service expenditure by $45,000.00 in fiscal year 1992; and an addi-
tional $45,00D.00 in fiscal year lg93, but no debt service expenditure
would be incurred until funds are drawn against the loan account, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
The Director of Finance submitted a written report advising that
approval of a State Literary Fund loan application for renovations to
Oakland Elementary School was identified in the 1988-1992 Capital
Improvements Program adopted by Council on August 10, 1987; and recom-
mended that Council concur in the request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29526) A RESOLUTION authorizing the School Board for the City
of Roanoke to make application for a loan from the State Literary Fund
for modernizing Oakland Elementary School.
(For full text of Resolution, see Resolution Book No. 51, page 170.)
92
ACTION:
Mr. Trout moved the adoption of Resolution No. 29526. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ......... 7.
NAYS: None ............ O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
STREETS AND ALLEYS-FLOOD CONTROL: The City Manager submitted a
written report advising that Tultex, Inc., purchased approximately a
ten acre tract of land from the City of Roanoke and has opened a new
manufacturing facility; that access to the plant has been provided by a
new road, Glade View Drive, from King Street, N. E.; that construction
of the road was authorized by Ordinance No. 29205, adopted on July 11,
1988; that the street is approximately 500 feet in length and crosses a
branch of Glade Creek; that a triple 4 x 6 box culvert has been
installed under Glade View Drive to handle the creek and storm water
run-off as part of the grading of the roadway; and Ordinance No. 29205,
adopted on July 11, 1988, also caused the appointment of Charles M.
Huffine, P. E., City Engineer, as Viewer to ascertain damages, if any,
to surrounding property caused by said road construction.
It was pointed out that the box culvert is calculated to cause a
small increase in the size of the 100 year flood plain by slightly
encroaching into the flow of storm water run-off; that the Viewer has
determined damages to be incurred to each property will be $150.00; and
owners of the subject properties are as follows:
George & Mary C. Drates, 3103 Belle Avenue, N. E.,
Flood Plain increased 0.04 acre.
Obediah & Anita T. Overstreet, 3203 King Street,
N. E., Flood Plain increased 0.01 acre.
Alice K. Harris, 3306 Dogwood Hill, N. E., Flood
Plain increased 0.05 acre.
The City Manager advised that three property owners were notified
by the Viewer of his opinion concerning damages to the properties by
certified mail on February 21, 1989; that two appeals of his opinion
were received from Mrs. Drates and Mr. & Mrs. Overstreet prior to the
Viewer's two week deadline for receipt of such appeals; that the Viewer
held hearings with the two property owners permitting them to show
cause for their objections; that on March 14, 1989, the Viewer informed
the two property owners, by certified mail, that he had found no reaso-
nable cause to alter his finding of damages to their properties; that
property owners were informed of their right to appeal to the Circuit
Court; that the appeal period provided by Section 15.1-370 of the Code
of Virginia (1950), as amended, is ten days from the date that the
objections were overruled; that the City received no notice of any such
appeal; therefore, the State mandated procedures for establishing
payment for such damages has been completed.
The City Manager reconm~nded that Council authorize payment of
$150.00, each, in nominal allowance for 100 year flood plain damages
caused by the grading of Glade View Drive, N. E., to George & Mary C.
Drates, Obediah & Anita T. Overstreet and Alice K, Harris, in the total
amount of $450.00.
(For full text, see report on file in the City Clerk's Office.)
92
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#29527) AN ORDINANCE confirming the viewer's report regarding
the construction of Glade View Drive, N. E., from King Street, N. E.;
authorizing certain payments; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 171.)
Mr. Garland moved the adoption of Ordinance No. 29527. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor-- 7.
NAYS: None ....
O.
BUDGET-GRANTS-JUVENILE DETENTION HOME-YOUTH: The City Manager
submitted a written report advising that the City of Roanoke receives
funds from the United States Department of Agriculture (USDA), through
the Virginia Department of Corrections, to enhance the food service
program of the Crisis Intervention Center (Sanctuary), Juvenile
Probation House (Youth Haven), and Juvenile Detention Home; and USDA
funds for the second and third quarter of 1988-89 have been received by
the City for the facilities, as follows:
Crisis Intervention -
Juvenile Probation House -
Juvenile Detention Home -
$2,593.00
1,402.00
5,995.00
$9,990.00
It was further advised out that USDA funds usage regulations
require the funds to be used for food costs, labor costs of food ser-
vice workers, equipment and repairs; and conform to certain USDA
requirements for record keeping.
The City Manager reconm~nded that Council appropriate USDA funds
to the Crisis Intervention Center, Juvenile Probation House, and
Juvenile Detention Home, and increase corresponding revenue estimates,
as follows:
Crisis Intervention Center - Revenue
001-020-1234-0661 - USDA - Crisis Intervention
$2,593.00 to Account No. 001-054-3360-3000
Juvenile Probation House - Revenue
001-020-1234-0662 - USDA - Youth Haven
$1,402.00 to Account No. 001-054-3350-3000
Juvenile Detention Home - Revenue
001-020-1234-0660 - USDA - Juvenile Detention
$5,995.00 to Account No. 001-054-3320-3000
Total Revenue and Appropriations
$9,990.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29528) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency.
(For full text'of Ordinance, see Ordinance Book No. 51, page 171.)
94
ACTION:
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29528. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............ 7.
NAYS: None ......... O.
BUDGET-HENRY STREET-TOTAL ACTION AGAINST POVERTY IN THE ROANOKE
VALLEY, INC.: The City Manager submitted a written report advising
that Hen)~ Street Revitalization has been before Council on several
occasions and received unanimous support; that Total Action Against
Poverty (TAP) received a grant of $600,000.00 from the U. S. Department
of Health and Human Services (HHS) for the creation of a music center
on Henry Street; and a contract between the City and TAP needs to be
executed in order that Community Development Block Grant (CDBG) funds
previously allocated by Council for Henry Street may be paid to TAP to
contract for architectural services.
The City Manager recommended that he be authorized to execute a
contract with Total Action Against Poverty to contract for architec-
tural and engineering consultant services, in the amount of $30,000.00,
for the design of a music center as part of the Henry Street Revitali-
zation Project; and authorize the Director of Finance to transfer
$30,000.00 from CDBG Account No. 035-087-8730-5144, to a new CDBG
account to be established in the Grant Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29529) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 172.)
Mr. Trout moved the adoption of Ordinance No. 29529. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .......... 7.
NAYS: None .......... O.
Mr. Trout offered the following emergency Ordinance:
(#29530) AN ORDINANCE authorizing a certain contract by which the
City will grant $30,000.00 in Community Development Block Grant funds
to Total Action Against Poverty in the Roanoke Valley, Inc., for reten-
tion of architectural and/or engineering services in connection with
design of a proposed music center to be constructed on First Street,
N. U., as a part of the Henry Street Revitalization Project; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 173.)
Mr. Trout moved the adoption of Ordinance No. 29530. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ......... 7.
NAYS: None ..........
-0.
HOUSING: The City Manager submitted a written report advising
that Council, pursuant to Ordinance No. 29270, adopted on August 22,
1988, authorized execution of an agreement between the City and Roanoke
Redevelopment and Housing Authority (RRHA) for fiscal year 1988-89; and
Council, pursuant to Ordinance No. 29504, adopted on April 3, 1989,
authorized amendment number one to the agreement between the City and
RRHA for fiscal year 1988-89.
95
m
m
ACTION:
ACTION:
ACTION:
It was further advised that the Roanoke Neighborhood Partnership
has operated a house painting program, Operation Paintbrush, for five
years using first a temporary crew and then a permanent crew directly
employed by the City; that cost effectiveness, and strong recommen-
dations from neighborhood leaders, have prompted the Partnership to
request RRHA to administer Operation Paintbrush through a contract
bidding method; and an amendment to the current RRHA contract is
necessary to cover the administrative function of Operation Paintbrush
and to give RRHA access to program funds for fiscal year 1988-89.
The City Manager recon~ended that he be authorized to execute an
amendment to the contract for services with the City of Roanoke
Redevelopment and Housing Authority for fiscal year 1988-89; and that
such amendment be approved as to form and execution by the City
Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29531) AN ORDINANCE authorizing execution of an Amendment to
the current Contract for Services with the City of Roanoke Redevelop-
merit and Housing Authority providing for additional administrative
functions to be performed by the Housing Authority in connection with
Operation Paintbrush; upon certain terms and conditions; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 173.)
Mr. Trout moved the adoption of Ordinance No. 29531. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....... 7.
NAYS: None--
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance presented a copy of
the financial report of the City of Roanoke for the month of March,
1989.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the financial report be received and filed.
The motion was seconded by Mr. Fitzpatrick and unanimously adopted.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SEWERS AND STORM DRAINS-JUVENILE DETENTION HOME: Ordinance No.
29524, authorizing a certain sanitary sewer easement upon City-owned
property in the vicinity of the Juvenile Detention Home in Botetourt
County, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, April 17, 1989,
read and adopted on its first reading and laid over, was again before
the body, Mr. Bowers offering the following for its second reading and
final adoption:
(#29524) AN ORDINANCE authorizing a certain sanitary sewer ease-
'ment upon City-owned property in the vicinity of the Juvenile Detention
Home in Botetourt County upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 169.)
Mr. Bowers moved the adoption of Ordinance No. 29524. The motion
was seconded by Mr. Trout and adopted by the following vote:
96
ACTION:
ACTION:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ................... 7.
NAYS: None ...............
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE ~YOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
AIRPORT: Mr. Donald Manns, Shoe Shine Concessionaire at the
Roanoke Regional Airport, appeared before Council and expressed concern
about the amount of rental fee he will be required to pay for space in
the new airport terminal which is proposed to increase from $13.00 to
$35.00 per square foot; that he will also be required to lease 360
square feet of space because the barber shop and the beauty salon are
proposed to be combined with the shoe shine concession; and the pro-
posed location of the shoe shine concession will not be easily seen by
terminal patrons.
Following discussion of Mr. Manns' concerns, Mr. Bowers moved that
the matter be referred to the Roanoke Regional Airport Commission for
consideration in an effort to resolve the matter and report back to
Council accordingly. The motion was seconded by Mr. Garland.
Mr. W. Robert Herbert, Chairman of the Roanoke Regional Airport
Commission, advised that Mr. Manns had not addressed the Airport
Commission in person or in writing relative to his concerns. He stated
that the most popular retail space in this con~nunity at the present
time is located at the Roanoke Regional Airport; that there are demands
for approximately 150 percent of the space at this point in time;
therefore, something has been created which has caught the interest of
persons in the retail and sales business. He advised that it was the
intention of the Airport Con~nission to provide the best quality service
to meet the needs of t)le flying public. On behalf of the Airport
Commission, he expressed concern about making reports back to either
local governing body other than those reports which are required pur-
suant to the financial and contractual terms of the airport agreement.
Followin9 discussion, the Mayor clarified the motion to state that
the matter was being referred to the Roanoke Regional Airport Con,hiS-
sion for consideration, with the request that a response be given to
Mr. Manns pursuant to his concerns.
The abovestated motion, offered by Mr. Bowers, seconded by Mr.
Garland, as clarified by the Mayor, was unanimously adopted.
COMPLAINTS: Mr. Robert Paine Sherrod, 411 Walnut Avenue, S. W.,
appeared before Council and expressed concern over the manner in which
disadvantaged citizens are treated in the City of Roanoke. He advised
that he had been harrassed and treated like an outcast.
Mr. Garland moved that Mr. Sherrod's remarks be received and
filed. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
At 3:00 p.m., the Mayor declared the meeting in recess.
At 3:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there
was a vacancy on the Roanoke Neighborhood Partnership Steering
Coninittee, created by the resignation of Mr. Virgil L. Rogers, for a
term ending November 13, 1991, and called for nominations to fill the
vacancy.
Mr. Trout placed in nomination the name of Mr. Martin D. Jeffrey.
There being no further nominations, Mr. Jeffrey was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee to
fill the unexpired term of Mr. Virgil L. Rogers, ending November 13,
1991, by the followin§ vote:
ACTION: FOR MR. JEFFREY: Council Members Bowers, Bowles, Fitzpatrick,
Garland, Musser, Trout and Mayor Taylor-- 7.
ROANOKE ARTS COMMISSION: The Mayor advised that there was a
vacancy on the Roanoke Arts Commission, created by the death of Ms.
Blair W. Fishwick, for a term ending June 30, 1989, and called for
nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Ms. Melody S. Stovall.
There being no further nominations, Ms. Stovall was elected as a
member of the Roanoke Arts Commission to fill the unexpired term of Ms.
Blair W. Fishwick, deceased, ending June 30, 1989, by the following
vote:
ACTION: FOR MS. STOVALL: Council Members Bowers, Bowles, Fitzpatrick,
Garland, Musser, Trout and Mayor Taylor .... 7.
There being no further business, the Mayor declared the meeting
adjourned at 3:40 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
98
COUNCIL
PUBLIC INTERVIEWS OF SCHOOL BOARD APPLICANTS
April 25, 1989
7:00 p.m.
The Council of the City of Roanoke held a public interview with six
candidates for the position of School Board Trustee on Tuesday, April 25, 1989,
at 7:00 p.m., in the Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with Mayor Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, James O. Trout and Mayor Noel C.
Taylor ....... 6.
ABSENT: Council Member Howard E. Musser .......
OFFICERS PRESENT: Ms. Mary F. Parker, City Clerk.
SCHOOL BOARD APPLICANTS PRESENT: Mr, Guy W. Byrd, Jr., Mr. Garry A.
Fleming, Mr. John T. Geary, Mr. Thomas L. Orr, Mr, Finn D. Pincus, and Ms.
Denise A. Reedy.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
SCHOOLS: The Mayor advised that on June 30, 1989, the terms of
Messrs. Edwin R. Feinour and Donald Bartol as Trustees of the Roanoke
City School Board will expire, and the purpose of the meeting was to
interview six candidates for the upcoming vacancies.
The Mayor advised of the following actions taken by Council to
conform with the School Board selection process as set forth in
Chapter 9, Education, of The Code of the City of Roanoke (1979), as
amended:
At regular meetings of the City Council held on
January 23 and February 6, 1989, Council announced
its intention to elect two Trustees of the Roanoke
City School Board for terms conmmncing July 1,
1989.
Advertisements were placed in The Roanoke Times &
World-News on Sunday, January 29, Saturday,
February 4, Tuesday, February 7, and Saturday,
February 11, 1989 inviting applications for the
upcoming vacancies. Twelve applications were
received in the City Clerk's Office prior to the
deadline on Friday, March 10, 1989, at 5:00 p.m.
Upon filing, the City Clerk furnished each appli-
cant with written information prescribed by Council
describing the duties and responsibilities of
Trustees of the Roanoke City School Board. The
mass media was encouraged to make public service
announcements of the impending election of School
Trustees and the selection procedure require6.
On March 13, 1989, at 6:00 p.m., Council held a
public reception with the candidates.
On March 27, 1989, Council, acting as a Committee
of the Whole, reviewed and considered all applica-
tions.
At the regular meeting of Council on Monday,
April 10, 1989, at 7:30 p.m., Council, by public
vote, selected six candidates to be accorded the
public interview. The selection process provides,
in part, that the nu~er of candidates to be
accorded the interview will not exceed three times
the nu~er of positions available on the Roanoke
City School Board, should there be so many can-
didates.
Those candidates who were to be accorded the public
interview were notified pursuant to communication
by the City Clerk on April 5, 1989.
A notice was published in The Roanoke Times and
World-News on Friday, April 7,' 198~, inv(t)'n'g
citizens to attend a public hearing on Monday,
April 17, 1989, at 7:30 p.m., in the Roanoke City
Council Chamber, in order for Council to receive
the views of citizens regarding appointment of
School Board Trustees; and the public was invited
to submit proposed questions to the candidates by
filing such written questions in the City Clerk's
Office by 5:00 p.m., on Thursday, April 13, 1989.
I am advised by the City Clerk that no questions
were submitted.
The Mayor explained that the selection process provides that
Council will publicly interview each candidate separately and out of
the presence and hearing of the other candidates. He stated that
interviews of the candidates would take place in alphabetical order
based on the first letter of the last name of the candidates; that each
candidate would be given the opportunity to make an opening statement
of not mere than five minutes; and thereafter Council would ask such
questions, as the Council, in its discretion, deemed advisable. He
advised that the Council would hold six interviews and each interview
would consist of fifteen minutes. He stated that each candidate would
be seated in the Council's Conference Room, and the City Clerk would
advise each individually when it was time for his or her interview. He
noted that after completion of each interview, the applicant could
leave the Council Chamber inasmuch as no action would be taken by the
Council at that time.
The Mayor advised that on Monday, May 8, 1989, at 7:30 p.m., or as
soon thereafter as the matter may be considered, the Council would hold
an election to fill the two vacancies on the Roanoke City School Board
for terms of three years, each, conmmncing July 1, 1989, and ending
June 30, 1992.
The Mayor then requested that the applicants retire to the Coun-
cil's Conference Room.
The following is a summarization of opening remarks of the candi-
dates and responses to questions asked by the Mayor and Members of
Council:
The first person to be interviewed was Mr. Guy W. Byrd, Jr.
99
Mr. Byrd advised that he was seeking appointment to the Roanoke
City School Board because he believes in the importance of the public
school system and he was willing to do whatever he could to keep the
system strong. He stated that in his twelve years as a businessman in
Roanoke, he has been involved in a variety of civic activities, all of
which are important to the quality of life in Roanoke, but none are
quite so essential to so many people as the school system. He further
stated that he was a product of the Roanoke City public schools which
served him well; that both of his children attend the public schools in
Roanoke because he, along with his wife and children, agree that they
are receiving a solid, well rounded education.
Mr. Byrd pointed out that he views the mission of the School Board
as helping to guide and maintain the quality of the school system; that
the School Board must help to develop and to set policy, and to monitor
and to evaluate results to insure that objectives are met. He stated
that in undertaking its mission, the Board need not be adversarial in
its relationship with the administration, but it must be informed,
objective and have a questioning mind. Me con~nented that the Board's
role should be constructive and balanced but never act as a rubber
stamp.
100
Mr. Byrd stated that he was offering his experience as a busi-
nessman and as a Board Member of certain diverse civic and cultural
organizations, experience which could be useful to him as a member of
the School Board. He explained that he offered an ability to look at
issues from various perspectives and, when necessary, to make tough
decisions. He stated that it is essential for School Board members to
stay current and be informed on various issues that may effect public
education, and to that end, he would expect to be kept advised by the
School Administration, and he would welcome input from other School
Board Members, City Council Members, teachers and parents. In effect,
he advised that he would intend to maintain the same open door policy
as a member of the School Board that he has long employed in his own
business. He stated that he intended to be accessible and he would
endeavor to make decisions that would be in the best interest of the
children --decisions that would be based upon as many facts as
possible.
In closing, Mr. Byrd pointed out that he has had a deep interest
in public education for many years and has participated at various
levels ranging from attendance at PTA meetings, to selling ads for the
athletic program, to helping underwrite the prom night party, to
serving as a member of the long range planning committee, to organizing
and chairing the Tomorrow's Teachers Steering Committee, which is dedi-
cated to developing minority teachers for the Roanoke City Public
School system from students who are products of the City's' public
school system. He stated that he was committed to giving all of the
time necessary to the position, and hoped that Council would see fit to
appoint him as a member of the Roanoke City School Board.
Mr. Bowers asked the following questions:
QUESTION: How would assess teacher morale?
ANSWER: Mr. Byrd responded that teacher morale appears to be
positive, and advised that he had not received any information that
would indicate discontent.
QUESTION: What is your position with regard to preservation of
neighborhood schools?
ANSWER: Mr. Byrd stated that neighborhood schools are one of the
assets and treasures of the City, and he would expect and hope to see
them continue to be available, advising that neighborhood schools are
not inconsistent with certain other programs that are taking place in
the school ~vstem.
Mrs. Bowles asked the following questions:
QUESTION: Council has developed a City Mission Statement and one
of the top priorities is the provision of good education. The Mission
Statement reads as follows: "Roanoke shall provide the highest quality
education possible to develop the full potential of all of our
citizens." What new ideas would you bring to the School Board to
assist in the implementation of this Mission Statement?
ANSWER: Mr. Byrd advised that he would completely support and
subscribe to the Mission Statement. He stated that he was not sure he
could offer any new ideas at the present time, advising that he would
need to learn more about what is presently being done in the school
system. He pointed out that the system is moving in the direction of
offering a fine education to all of its students, and if elected to the
School Board, he would be vigilent and anxious to see that the momentum
is continued.
QUESTION: If elected to the School Board, on which priority would
you place your immediate attention -- teachers, staff or students, and
why?
ANSWER: Mr. Byrd advised that the students would have his top
priority and everything else would fall into place from that point on.
He stated that a good working relationship with the administration as
well as City Council would be needed.
101
Mr. Fitzpatrick asked the following questions:
QUESTION: Would you be comfortable in taking stands that conflict
with certain constituencies of the School Board whether they be
parents, teachers, Members of City Council, the Superintendent of
Schools, or others?
ANSWER: Mr. Byrd advised that he would not feel uncomfortable in
any respect. He stated that he fully recognized that there are many
constituencies that have an interest in how the School system is admi-
nistered; that he would see his job as a member of the School Board to
be accessible, to receive the opinions and views of all of the consti-
tuencies and endeavor to weigh those opinions as the Board reaches an
ultimate decision. He commented that his desire would be to have as
much input as possible, advising that City Council and Members of the
School Board would be entitled to and deserve special consideration.
QUESTION: What do you think is the most important challenge
facing the Roanoke City Public Schools in the immediate future?
ANSWER: Mr. Byrd advised that the greatest challenge will be to
continue from the present plateau, building on momentum, and not
backslide or lose programs. He stated that he was impressed with the
variety and array of programs offered by the school system which speak
to a number of constituencies with special needs. He responded that
another challenge would be to continue the receipt of funds from
various channels so that programs will not be lost or condensed.
m
Mr. Garland asked the following questions:
QUESTION: What do you perceive as the proper function of the
School Board and more specifically as it relates to the relationship
between the Superintendent of Schools and the Board? Where does the
School Board's authority end and the Superintendent's begin, or vice
versa?
ANSWER: Mr. Byrd advised that the mission of the School Board is
to help develop and set policy for the administration and to monitor
the progress of the administration in carrying out objectives and
policy of the Board. He stated that there should be collaboration and
dialogue between the School Board and the administration in order to
set policy and objectives for the school system, with the School Board
monitoring the efforts of the administration.
QUESTION: Drugs have become quite a problem in the public school
system. The City Manager has recommended in his proposed 1989-90
fiscal year budget that Council authorize 20 additional law enforcement
positions to cope with this problem. Do you have any suggestions on
how to handle the drug problem?
ANSWER: Mr. Byrd advised that he would support the City Manager's
request for additional police officers, pointing out that at this point
in time, society is at war over drugs and n~re resources will have to
be deployed as a community. He stated that he was not conversant with
any programs in the school system to combate drugs beyond a strong
program of education in the classroom. He advised that the problem the
system cannot do a great deal about is the way by which young people
come into contact with drugs when they are off of the school grounds.
He pointed out that there is no simple solution to combat drugs and
advised that a considerable amount of responsibility must lie in the
homes as far as giving the encouragement and support that children need
in today's world to resist the temptation of taking drugs.
Mr. Trout asked the following questions:
QUESTION: What is your opinion of the Magnet School Program?
ANSWER: Mr. Byrd advised that he had not visited a Magnet School,
but he was somewhat familiar with the concept. He stated that tailored
or specialized training for students is a good idea, advising that the
program could be added to periodically as funds become available.
102
QUESTION: As a School Board Men~er, if additional funds came to
the School Board from the State or Federal Governments, and if you had
the option to appropriate those funds to only one program, would you
choose a program for the gifted student or would you choose a program
for the average child?
ANSWER: Mr. Byrd advised that in order to make such a decision,
he would need to know the percentages or proportions of current expen-
ditures. He stated that he would be inclined to spend the money in an
area where the most children would be involved which would be in the
range of the average child. He advised that the programs offered by
the Magnet School largely address the average child.
Ma~or Taj/lor asked the following questions:
QUESTION: If elected to the School Board, what special talents,
interest or experience would you bring to the Roanoke City School
Board?
ANSWER: Mr. Byrd advised that he would bring the experience of a
businessn~n. Also, he stated that he would not have a problem dealing
with difficult decisions.
QUESTION: If elected to the School Board, what would you like to
see the Roanoke City Public School system accomplish during your three
year term of office?
ANSWER: Mr. Byrd advised that he would like for Roanoke City stu-
dents to come closer to meeting their full potential as evidenced
through their test scores. He stated that it was his understanding
that students in the Roanoke City School system do not have an ability
level as high as their neighbors in Roanoke County, however, they are
much higher in terms of performance toward their ability level. He
responded that it would be his desire to see the school system help
students to maximize their ability in order to meet their full poten-
tial.
The~,,~se.c.ond .... person to be interviewed was Mr. Garry A. Fleming.
Mr. Fleming advised that he appreciated the opportunity to appear
before Council as one of the six finalists for a position on the
Roanoke City School Board. He stated that he believed every citizen
should try to serve their City in some capacity, performing that task
which most suits their individual interest and expertise. He pointed
out that it was because of this belief that he was seeking a position
on the Roanoke City School Board.
Mr. Fleming stated that he was in possession of three qualifica-
tions that would enable him to serve in this most important job; viz:
he is an educator and as an educator, he is in a position to see the
final product of the Roanoke City schools on a daily basis; that he
observes the strengths and weaknesses of students and he could use this
experience to formulate policies and programs that would help the stu-
dents to be as prepared as possible when they leave the school system,
whether it be for college or for employment. Secondly, he stated that
he was a parent with a child in the first grade at Grandin Court
Elementary School and a second child who will enter school next year,
advising that parents have certain instincts about what they think is
best for their children and as a parent he would like to see the City
schools take the lead in providing a quality education for all
children. He pointed out that the time has come for more parents to
serve in positions of authority when it comes to making decisions about
education. He stated that he was con~nitted to the belief that a
quality education is the most important service that a City can provide
to its citizens; and quality education should be at the top of the list
of priorities for any City wishing to experience economic, cultural and
social development. He advised that the City of Roanoke has the poten-
tial to become a leader in public education, and programs like the
Magnet School and the Governor's School are indicative thereof; and
there is much work to be done if the excitement over education is to
continue. Thirdly, Mr. Fleming pointed out that he is an independent,
open-minded and hard working person who is willing to stand up for what
103
he believes to be in the best interest of Roanoke and its scilool
children. He advised that these qualifications make him an excellent
candidate for the tough decisions that a School Board member must make,
and promised to work as hard as he could to make the Roanoke City
schools the very best they can be.
Mrs. Bowles asked the following, questions:
QUESTION: Council has developed a City Mission Statement and one
of the top priorities is the provision of good education. The Mission
Statement reads as follows, "Roanoke shall provide the highest quality
education possible to develop the full potential of all of our
citizens." What new ideas would you bring to the School Board to assist
in the implementation of this Mission Statement?
ANSWER: Mr. Fleming responded that after talking with his child's
teachers and the administration at Grandin Court Elementary School, it
would appear that the City has done a good job with the gifted students
and with the under privileged child; however, more concentration needs
to be placed on the middle group.
you
why?
QUESTION: If elected to the School Board, on what priority would
place your in~nedlate attention -- teachers, staff or students, and
ANSWER: Mr. Fleming advised that students would come first. He
referred to earlier remarks about Roanoke City taking the lead in the
Roanoke Valley in public education, advising that if that goal is to be
achieved, the issue of teacher salaries must be addressed. He stated
that Roanoke cannot lag behind other municipalities in the Valley
because Roanoke will lose good teachers who will go to the City of
Salem or to Roanoke County. He stated that his top priority would be
to appropriately increase teacher salaries. As far as the students, he
advised that he could be of help in the area of curriculum.
Mr. Fitzpatrick asked the followin9 questions:
QUESTION: Would you be comfortable in taking stands that conflict
with certain constituencies of the School Board whether they be
parents, t~achers, Members of City Council, the Superintendent of
Schools, or others?
ANSWER: Mr. Fleming responded in the affirmative.
QUESTION: What do you think is the most important challenge facing
the Roanoke City Public Schools in the imediate future?
ANSWER: Mr. Fleming advised that in addition to what he had
previously mentioned, he would like to see an improvement in drug
education throughout the City. He stated that a problem exists and it
has to be addressed as a real priority.
m
Mr. Garland asked the followin9 questions:
QUESTION: What do you perceive as the proper function of the
School Board and more specifically as it relates to the relationship
between the Superintendent of Schools and the Board? Where does the
School Board's authority end and the a~ministration's authority begin,
or vice versa?
ANSWER: Mr. Fleming responded that he views the School Board as a
kind of legislative branch whose purpose is to develop policies,
programs, and make recon~aendations to the Superintendent; and the
Superintendent's Office is similar to an executive office and should
execute policy, programs and procedures established by the School
Board. He stated that the Superintendent could and should make recom-
mendations to the School Board, advising that there must be coopera-
tion.
104
QUESTION: From time to time, we hear about an adversarial type of
relationship between School Board members and the Superintendent of
Schools, or the Superintendent and teachers, or the Superintendent and
the Roanoke Education Association. Do you have any suggestions on how
to overcome that kind of feeling between the groups involved?
ANSWER: Mr. Fleming advised that people will always be in some
conflict with each other, especially in the schools as to what they
believe is right or wrong. He stated that there has to be some type of
mediation between the groups; however, at this point he did not know
who should carry out the mediation. He pointed out that he would be
open-minded and he would listen to the position of all parties, take
their remarks under advisement and endeavor to make the best decision
according to what he had heard.
Mr. Trout asked the followin9 questions:
QUESTION: What is your opinion of the Magnet School Program?
ANSWER: Mr. Fleming advised that the Magnet Schools are an
attractive and unique feature of the Roanoke City Public School system.
He stated that as a School Board Member, one of his priorities would be
to focus on the basics that need to be taught, advising that the system
has done a good job with the gifted student as well as with the disad-
vantaged child, but something more needs to be done for the average
student. He pointed out that a City cannot thrive economically if it
has a poor education system, advising that public education has to be
used as a drawing card for business and industry.
QUESTION: As a School Board Member, if additional funds came to
the School Board from the State or Federal Governments, and if you had
the option to appropriate those funds to only one program, would you
choose a program for the gifted student or would you choose a program
for the average student?
ANSWER: Mr. Fleming advised that he would be inclined to spend
the money for the average student. He stated that teachers make the
system work and if they are not happy with their compensation, job
security, benefits, etc., they can choose not to make the system suc-
cessful and a considerable amount of money will be wasted. He
explained that if the City were to get an unexpected windfall, he would
be tempted to take some of the money and give every teacher in the City
a bonus and spend the remainder of the funds on remedial programs for
students who need extra help. He advised that it is not up to the
schools to become the parents; that the role of the schools should be
to educate; and the public in the last few years has placed more
demands on public schools as far as what they want the schools to do
which, in turn, has placed the teacher considerable pressure.
Mr. Bowers asked the following question:
QUESTION: How would assess teacher morale?
ANSWER: Mr. Fleming advised that in talking with teachers at
Grandin Court Elementary School, they believe they are not being heard
when they should be by the right people, and their wishes, desires and
beliefs are ignored. He stated that overall, most teachers appear to
be happy with their jobs; however, the one thing he has heard
repeatedly from teachers is that they do not have enough input into
the decision making process. He advised that as a School Board Member,
he would be willing to listen to what teachers have to say and try to
incorporate some of their wishes into his decisions.
The MaNor asked the following question:
QUESTION: If elected to the School Board, what would you like to
see the Roanoke City Public School System accomplish during your three
year term of office?
ANSWER: Mr. Fleming responded that he would be desirous of
improving teacher salaries, increasing teacher input into the decision
making process, and spending more time, money and resources on the
average student. He stated that he would also like for the City to
project a more positive image about the school system, including the
School Board, and the relationship between the School Board, the
Superintendent of Schools and City Council.
105
m
The third person to be interviewed was Mr. John T. Geary.
Mr. Geary advised that his interest in the schools rests with the
children who are the most important part of the Roanoke City Public
School System. He stated that he worked hard all of his life and did
not have the opportunity to go into public service; however, he always
wanted to serve the City in some way. He commented that he would like
to serve on the School Board because he has a lot to offer and he was
anxious to get started. He stated that he was honest, fruitful and
believed in doing the necessa)~ things in order to get a job done. He
further stated that the Roanoke City School system is one of the best
in the Con~nonwealth of Virginia, advising that he was a product of the
Roanoke City Public schools, graduating from Jefferson High School in
1937; and his three children and his adopted daughter are also products
of the Roanoke City Public schools, having graduated from Jefferson
High School.
Mr. Geary pointed out that he studied law at the University of
California for two years; that he received a diploma from a trade
school in Riverside, California; and he has had experience in admini-
strative type work. He advised that he served on the Board of
Directors for the Moose Lodge in Richmond, Virginia, where he was
responsible for making decisions for fifty Moose Lodges, and served as
Manager of an A & P Food Store in Roanoke. Mr. Geary stated that he is
the kind of person who, if something important should arise, will not
make hasty decisions; however, he will study a matter thoroughly, but
once he has arrived at a decision, he will abide by it.
Mr. Fitzpatrick asked the following questions:
QUESTION: Would you be comfortable in taking stands that conflict
with certain constituencies of the School Board whether they be
parents, teachers, Men~ers of City Council, the Superintendent of
Schools, or others?
ANSWER: Mr. Geary advised that serving on the Roanoke City School
Board would be a service to the citizens of the con~unity. He stated
that the Superintendent of Schools deserves every consideration;
however, if an occasion should arise and if an issue presents itself
that invokes any kind of controversy, he would look for a rule of
compromise; that he would study the matter and keep in the back of his
mind that he was dealing with a man who was trying to do his best for
the school system, and if there was any way he could be of assistance,
he would do so. He added that he would make suggestions if they were
warranted.
QUESTION: What do you think is the most important challenge
facing the Roanoke City Public Schools in the in~nediate future?
ANSWER: Mr. Geary advised that the number one challenge would be
to do a good job, in a cooperative manner, with other School Board
Members, City Council Members, and the Superintendent of Schools; and
to be on time, to be faithful and honest in his convictions. He stated
that when he left the position, he would want to feel that he had made
a worthwhile contribution.
Mr. Garland asked the following questions:
QUESTION: Drugs have become quite a problem in the public school
system. The City Manager has reco~nended in his proposed 1989-90
fiscal year budget that Council authorize 20 additional law enforcement
positions to cope with this problem. Do you have any suggestions on
how to handle the drug problem?
106
ANSWER: Mr. Geary advised that children must be educated about
drugs by the time they are seven years old or in the second grade, He
stated that at least 30 minute sessions each day in each classroom con-
cerning drugs is needed on an annual basis. He further stated that
children must be educated on what drugs will do to them socially, eco-
nomically and emotionally as they grow older as well as their long term
effects, and their short term effects,
QUESTION: What do you perceive as the proper function of the
School Board and more specifically as it relates to the relationship
between the Superintendent and the Board? Where does the School Board's
authority end and the administration's authority begin, or vice versa?
ANSWER: Mr. Geary advised that the Superintendent deserves
cooperation because he has a difficult job. He stated that the School
Board should work with the Superintendent of Schools as a body. He
further stated that the School Board is responsible to City Council
for the final decisions it makes; that the Superintendent should fur-
nish School Board Members with information that would effect changes in
the Roanoke City Public School system; and changes and data could be
studied and a simple solution should be found, always remembering that
the children come first. He advised that methods need to be discovered
to keep children in school and to keep them interested.
Mr. Trout asked the following questions:
QUESTION: What is your opinion of the Magnet School Program?
ANSWER: Mr. Geary advised that he was highly in favor of the
Magnet Schools.
QUESTION: As a School Board Member, if additional funds can~ to
the School Board from the State or Federal Governments, and if you had
the option to appropriate those funds to only one program, would you
choose a program for the gifted student or would you choose a program
for the average student?
ANSWER: Mr. Geary advised that he would spend the money on a
vocational program because all students will not go to college.
Mr. Bowers asked the following questions:
QUESTION: How would you assess teacher morale?
ANSWER: Mr. Geary advised that teachers in the Roanoke City
school system are, on a whole, satisfied to a point and dedicated to
teaching. He stated that the City should be proud of its teachers
inasmuch as it is not easy to obtain and keep good teachers.
QUESTION: What is your position with regard to preservation of
neighborhood schools?
ANSWER: Mr. Geary advised that he was in favor of neighborhood
schools if they serve a purpose, noting that middle schools and high
schools are ideally located and there is a good vocational school in
the former Addison High School building. He stated that he would not
be in favor of closing neighborhood schools unless the buildings were
beyond repair.
Mrs. Bowles asked the following questions:
QUESTION: Council has developed a City Mission Statement and
one of the top priorities is the provision of good education. The
Mission Statement reads as follows: "Roanoke shall provide the highest
quality education possible to develop the full potential of all of our
citizens." What new ideas would you bring to the School Board to
assist in the implementation of this Mission Statement?
107
ANSWER: Mr. Geary advised that the Roanoke City Public School
system should be maintained in order to have excellence in education
and provide the kind of education that will be of interest to all types
of children who are enrolled in the system. As an example, he stated
that reading, writing and arithematic is not necessarily of prime
interest to all children, inasmuch as some children like to work on
automobiles, cement work, woodwork, etc., which points out the impor-
tance of a broad base of education. He commented that he would not
want to see the City lose any of its current programs, be they in voca-
tional education, or special education, etc.; however, the bottom line
rests with the parents. He advised that there needs to be more parent
involvement and in order to have parent involvement, something must be
done to cause parents to be more interested which, in turn, will
generate more interest on the part of the child, thus, the education
system will become stronger.
QUESTION: If elected to the School Board, on which priority would
you place your immediate attention - teachers, staff or students, and
why?
ANSWER: Mr. Geary advised that his first attention would be with
the students; secondly, the administration and teachers would be third.
The Ma,,or asked the following questions:
QUESTION: What special talents, interest or experience would you
bring to the Roanoke City School Board?
ANSWER: Mr. Geary advised that if elected to the School Board, he
would bring the advantage of 70 years of experience. He stated that he
has had experience in all kinds of administrative type work; that he
may be 70 years old but he has fresh, new ideas; that he loves the
Roanoke City School system and the children who make up the system, and
he would be willing to do his best for the students.
QUESTION: If elected to the School Board, what would you like to
see the Roanoke City Public School system accomplish during your three
year term of office?
ANSWER: Mr. Geary advised that he would like to see the School
Board have a good working relationship with the administration and with
City Council; that he would like to see the Board stay within the con-
fines of its budget; that he would like to see teachers happy in their
jobs; he would like to find a way which would insure that all children
will attend school the way they should.
The fourth person to be interviewed was Mr. Thomas L. Orr.
Mr. Orr advised that his background as a parent, businessman and
volunteer would be to his credit in making the right decisions for stu-
dents in the Roanoke City School Public system. He stated that as a
parent, he has had two children graduate from the Roanoke City School
system, and this fall he has a daughter who will attend William Fleming
High School. He commented that by talking with his children, he has
become familiar with a number of programs, including the Honors
Program, the Governor's School and the Magnet School, as well as acti-
vities outside of the classroom through sports, club related activities
and student government. .He pointed out that his children were for-
tunate to have had the encouragement of many good teachers .throughout
the school system; that they were challenged in the classroom and
encouraged to succeed, advising that it is his desire to see that all
children receive the same kind of encouragement to succeed.
Mr. Orr stated that as a'businessman,' he works With the public
everyday; that he is responsible for formulating the annual budget in
his position of employment, and he is in a management position which
requires him to make decisions that are not always popular, but
necessary. As a volunteer, he advised that he has worked with children
for many years and he has learned a great deal from them as far as
their point of view about themselves, their home-life, their school and
their outlook on the future, and unfortunately, in some instances,
these children have very negative attitudes.
108
Mr. Orr pointed out that the Roanoke City School Public system has
undergone quite a number of changes in recent years and as it
approaches the twenty-first century, it will be necessary to make more
changes in order to meet the needs of our youth, advising that in
Roanoke City, there is a wide diversity of students with a wide variety
of special needs; and there are children living in extreme poverty who
have never had the experiences which would encourage tile learning pro-
cess. He advised that it is important to meet the needs of all stu-
dents, but not at the expense of any one group. He pointed out that
the system must strive to keep students in the schools because it
appears that too many are abandoning school once they reach the junior
and senior high grade levels; and citizens must be educated on the fact
that the n~ney they spend on education is money worth spending inasmuch
as they are educating the future leaders of our country.
Mr. Garland asked the following, questions:
QUESTION: Drugs have become quite a problem in the public school
system. The City Manager has recommended in his proposed 1989-90
fiscal year budget that Council authorize 20 additional law enfor-
cement positions to cope with this problem. Do you have any
suggestions on how to handle the drug problem?
ANSWER: Mr. Orr responded that children must be educated at an
early age on the perils of drugs, advising that the right ideas need
to be planted at an early age by providing more education at the
earlier levels.
QUESTION: What do you perceive as the proper function of the
School Board and more specifically as it relates to the relationship
· between the Superintendent of Schools and the Board? Where does the
School Board's authority end and the administration's authority begin,
or vice versa?
ANSWER: Mr. Orr advised that the Superintendent is paid to do a
job, and the responsibility of the School Board is to insure that the
Superintendent recon~nends the proper course of action in order to meet
the needs of all children.
Mr. Trout asked the followin9 questions:
QUESTION: What is your opinion of the Magnet School Program?
ANSWER: Mr. Orr advised that as the parent of a child who
attended one of the Magnet Schools, he was of the opinion that it was
an excellent program. He stated that other students need to know about
the availability of the programs, and students from outside of the City
should be drawn into the program.
QUESTION: As a Member of the School Board, if additional funds
came to the School Board from the State or Federal Governments and if
you had the option to appropriate those funds to only one program,
would you choose a program for the gifted student or would you choose a
program for the average student?
ANSWER: Mr. Orr advised that he would not want to do harm to any
of the programs; however, under that scenario he would be in favor of
placing the money in the vocational program in order to benefit the
average student. He stated that the students who attend the gifted
programs seem to be self-motivated, but the average student in the
vocational school may need the extra push. "
Mr. Bowers asked the followin9 questions:
QUESTION: How would you assess teacher morale?
ANSWER: Mr. Orr stated that teacher morale is generally good,
advising that there may be some salary conflicts, but overall, teachers
are generally satisfied.
109
QUESTION: What is your position with regard to preservation of
neighborhood schools?
ANSWER: Mr. Orr advised that he was in favor of neighborhood
schools, however, some of the schools are in need of repairs which will
cost a considerable amount of money. He stated that neighborhood
schools serve a vital purpose not only for the children, but for the
neighborhoods themselves.
Mrs. Bowles asked the followin9 questions:
QUESTION: Council has developed a City Mission Statement and one
of the top priorities is the provision of good education. The Mission
Statement reads as follows: "Roanoke shall provide the highest quality
education possible to develop the full potential of all of our
citizens." What new ideas would you bring to the School Board to
assist in the implementation of this Mission Statement?
ANSWER: Mr. Orr stated that he would offer an open mind in order
to look at all issues, advising that he was not an outspoken person,
that he would not make snap decisions, but he would thoroughly review
the facts before reaching a decision. He com~nted that he was a firm
believer that the system must continue to provide more programs such as
full day kindergarten classes which should be implemented in all of the
elementary schools.
QUESTION: If elected to the School Board, on which priority would
you place your immediate attention - teachers, staff or students, and
why?
ANSWER: Mr. Orr advised that his first priority would be to the
students.
Mr. Fitzpatrick asked the followin9 questions:
QUESTION: Would you be comfortable in taking stands that conflict
with certain constituencies of the School Board whether they be
parents, teachers, Members of City Council, the Superintendent of
Schools, or others?
ANSWER: Mr Orr answered in the affirmative, advising that he
would give any situation a great deal of thought; however, once he had
con~nitted himself to an idea, he would stand by his position until pro-
ven wrong.
QUESTION: There has been discussion that the City is not pro-
viding jobs for young people graduating from high school. What role do
you think the schools could play in the overall economic development
function of specialized training and insuring that there are young
people who have been educated to meet the needs of targeted industries?
ANSWER: Mr. Orr advised that the school system needs to look at
existing industry, determine their needs and gear students in that
direction.
The MaNor asked the following questions;
QUESTION: What special talents, interest or experience would you
bring to the Roanoke City School Board?
ANSWER: Mr. Orr advised that he would bring the experience of a
concerned parent; that he observed his two children as they proceeded
through the system and they did well; however, he has been in contact
with other children, through his volunteer work, who have encountered
difficulties. He stated that it must be kept in mind that every stu-
dent wants and needs to be challenged.
QUESTION: If elected to the School Board, what would you like to
see the Roanoke City Public School system accomplish during your three
year term of office?
110
ANSWER: Mr. Orr advised that his desire would be to keep children
in school and to impress upon them that they have to get an education
in order to succeed in today's world.
The fifth person to be interviewed was Mr. Finn D. Pincus.
Mr. Pincus advised that he was pleased to be one of the six fina-
lists for the position of School Board Trustee. He stated that he has
lived in Roanoke for two and one half years and has grown fond of the
area, that he would like to see Roanoke grow and prosper and he was
anxious to offer assistance in that regard.
Mr. Pincus called attention to several areas in which he is unique
in his qualifications to serve as a member of the School Board; viz:
his educational background in which he has two Masters Degrees and a
Bachelors Degree. He pointed out that at ECPI, he deals with the busi-
ness of education everyday, and explained that there are 15 full time
and 10 part time employees and it is his job to recruit, select and
hire all staff and faculty members. He advised that it is his respon-
sibility to review such matters as budgetary considerations, safety
issues, class scheduling, student policies, public image, advertising,
equipment purchases, and how all of the above will impact on students
and staff.
Mr. Pincus stated that another area in which he finds himself uni-
que is with regard to homework which, in business, means gathering
information, talking with the right people, and finding the right
answers before making a decision. Ne pointed out that during the last
few weeks, he has learned much about the school budget by doing his
homework; that he visited Patrick Henry and William Fleming Nigh
Schools, Madison and Breckinridge Junior High Schools, Preston Park and
Fishburn Park Elementary Schools, the Centers for Technology in the
Lawson Building at the Governor's School and the CITY School and he had
the opportunity to observe many programs of which he was impressed.
Mr. Pincus stated that new members of the School Board must have a
strong understanding of current problems and they must be aware of
current concerns faced by administrators and teachers, He advised that
a School Board position requires more than just showing up at a meeting
twice a month, that there is homework to be done and he is willing to
do his homework in order to best serve the schools. He stated that he
could offer the School Board a knowledgeable, independent and innova-
tive perspective and from his educational background, work experience
and willingness to do his homework, he could contribute to the Roanoke
con~nunity. He quoted from the Jaycee creed, as follows, "Service to
humanity is the best work of life." He advised that education is the
area in which he could best serve the conmmnity and help to insure the
success of Roanoke's most valuable asset -- its people. He stated that
he is a firm believer in the magic of education -- the magic that
enables youngsters from all socio-economic levels the opportunity to
improve themselves and the conm~Jnity they live in.
_Mr. Trout asked the followin~ question~:
QUESTION: What is your opinion of the Magnet School Program?
AJ~SWER: Mr. Pincus advised that there are many students in areas
of education who will not go to college; that from a vocational stand-
point, there is a great need to teach students the kinds of skills they
can use on a job, advising that he was impressed with the nursing
program at William Fleming Nigh School, the food service students who
presently operate a catering service, as well as the print shop in
Gibboney Hall in which five students currently work in print companies
located around the Roanoke Valley. He advised that these types of
programs offer students the skills they can use in their jobs, and
pointed out that he felt good about the Magnet Programs inasmuch as
they address certain needs of the students in a variety of areas.
QUESTION: As a School Board Member, if additional funds came to
the School Board from the State or Federal Governments and if you had
the option to appropriate those funds to one program, would you choose
a program for the gifted student or would you choose a program for the
average student?
ANSWER: Mr. Pincus advised that he would take an objective,
quantitative look at all of the programs and endeavor to determine
which program was effectively teaching the most students for the same
dollar value, and place the grant funds in an area where the money
would be most effective.
Mr. Bowers asked the followin9 questions:
QUESTION: How would you assess teacher morale?
ANSWER: Mr. Pincus advised that teacher morale is good and has
improved in the last several years; however, if morale were to need
improvement, it would be in the area of increasing communication bet-
ween the School administration and teachers. He stated that another
area of improvement would be to give teachers more input into what
they do.
QUESTION: What is your position with regard to the preservation
of neighborhood schools?
ANSWER: Mr. Pincus stated that preservation of neighborhood
schools is an emotional issue. He called attention to the possibility
of publishing information in the newspaper on the cost of operating
neighborhood schools as opposed to consolidating them, advising that if
it costs more to keep the schools separate, a poll could be conducted
of citizens to determine if they are willing to pay an increase in
taxes in order to supplement the cost of keeping neighborhood schools.
111
,!
Mrs. Bowles asked the followin9 questions:
QUESTION: Council has developed a City Mission Statement and one
of the top priorities is the provision of good education. The Mission
Statement reads as follows: "Roanoke shall provide the highest quality
education possible to develop the full potential of all of our
citizens." What new ideas would you bring to the School Board to
assist in the implementation of this Mission Statement?
ANSWER: Mr. Pincus called attention to the Passport Program which
will be implemented next year in which students must pass a test in the
sixth grade in order to go on to high school, advising that students
who do not pass the test will remain in the middle schools, therefore,
a need will exist to provide more remedial teaching in the middle
schools. He called attention to the nursing program offered by the
schools system whereby students in the second year of the program are
sent to the nursing homes, and advised that if permissible, certain
advanced nursing students could perform a service, under supervision,
for elementary school children who need medical attention. He spoke in
favor of all day kindergarten sessions in all of the elementary
schools, advising that studies indicate that the longer a child is in
school, the more advanced he or she becomes and when that child enters
school in the first grade~ if he or she is behind, the child will stay
behind as he or she proceeds through the system.
QUESTION: If elected to the School Board, on which priority would
you place your inmmdtate attention -- teachers, staff or students, and
why?
ANSWER: Mr. Pincus advised that first and foremost is education
for the children, advising that the City has an obligation-to look at
their interests first.
11'2
~r. Fitzpatrick asked the following questions:
QUESTION: Would you be comfortable in taking stands that conflict
with certain constituencies of the School Board whether they be
parents, teachers, Members of City Council, the Superintendent of
Schools, or others?
ANSWER: Mr. Pincus responded in the affirmative, advising that in
his position at ECPI it has been necessary for him to take a position
on issues that sometimes may not be popular; however, if he feels it is
a part of his job to make such decisions, he would be willing to take
the necessary action.
QUESTION: What do you think is the nmst important challenge
facing the Roanoke City Public Schools in the immediate future?
ANSWER: Mr. Pincus advised that with an increase in prices and
with a keen interest in keeping taxes at a standstill, the most impor-
tant challenge will be to continue efforts to improve programs which
were started during the last several years as well as initiate new
programs.
Mr. Garland asked the followin9 questions:
QUESTION: Drugs have become quite a problem in the public school
system. The City Manager has recomnended in his proposed lg89-90
fiscal year budget that Council authorize 20 additional law enforcement
positions to cope with this problem. Do you have any suggestions on
how to handle the drug problem?
ANSWER: Mr. Pincus advised that continuing programs of education
are most important in order to fight the drug problem so that students
will know the dangers of dealing with drugs.
QUESTION: What do you perceive as the proper function of the
School Board and more specifically as it relates to the relationship
between the Superintendent and the Board. Where does the School
Board's authority end and the administration's authority begin, or vice
versa?
ANSWER: Mr. Pincus advised that the School Board should serve in a
capacity similar to a Board of Directors for a corporation; that the
Superintendent's full time job should be to manage the school system
inasmuch as he is the person who has had numerous years of experience
in reconlnending and administering programs. He advised that School
Board Men~ers have the obligation to study issues which arise and ask
questions; however, it is important that they know the right questions
to ask which means understaading matters and arriving at their own
decisimns.
The MaNor asked the followin9 questions:
QUESTION: Do you think that teachers should have more input into
the decision making process at this time?
ANSWER: Mr. Pincus advised that teachers have ideas and opinions;
that the administration has the responsibility to make decisions and
also has the right to ask teachers for their opinion if the Administra-
tion chooses to do so.
QUESTION: Why do you want to become a member of the Roanoke City
School Board at this tim~?
ANSWER: Mr. Pincus advised that in his position at ECPI, he has
an opportunity to observe the final product of the Roanoke City Public
Schools inasmuch as more students come to ECPI from Roanoke City than
any other school district in the Roanoke Valley. He noted that he
feels a very strong need to help the con~nunity and its citizens.
11'3
The sixth .and last person to be interviewed was Ms. Denise A. Reedy.
Ms. Reedy advised that she had only one reason for applying for
appointment to the Roanoke City School Board which is to insure that
the children in the Roanoke City School system receive the best
possible education. She stated that she was not politically motivated,
that she was not present to please the members of the Roanoke City
Council or to rubber stamp the School administration, and added that
she hoped her con~nents did not in any way show disrespect because that
was not her intention. She pointed out that the School Board should
be made up of independent minded people who do not cater to special
interest groups, but make sound business decisions for the good of the
entire school system. She stated that there is room for improvement of
the City's image in the Roanoke Valley; and Council, the School Board
and the school administration should make a concerted effort to put
aside personal feelings and disagreements and work together as a unit
to promote a positive outlook for tIle schools and to solve any problems
that may arise.
Mr. Bowers asked the followin9 questions:
QUESTION: What is your position with regard to preservation of
neighborhood schools?
ANSWER: Ms. Reedy stated that neighborhood schools serve a good
function in the community, advising that once a school is closed the
building starts to deteriorate and in turn causes the neighborhood to
depreciate. Unfortunately, she noted that there are not a lot of
neighborhood schools in the City of Roanoke.
QUESTION: How would you assess teacher morale?
ANSWER: Ms. Reedy advised that the majority of teachers are
satisfied, and there will always be complaints just as there are in
any business because not everyone will always agree with their super-
visor. She added that teachers are greatly concerned with the increase
in paper work and Federal and State forms, which take them away from the
classroom.
Mrs, Bowles asked the followin9 questions:
QUESTION: Council has developed a City Mission Statement and one
of the top priorities is the provision of good education. The Mission
Statement reads as follows: "Roanoke shall provide the highest quality
education possible to develop the full potential of all of our
citizens." What new ideas would you bring to the School Board to
assist in the implementation of this Mission Statement?
ANSWER: Ms. Reedy advised that having children in the Roanoke
City Schools is advantageous. She stated that she has one child who
went through the school system and all of her needs were not met; that
she was an average student and by the time she got to high school, she
realized that this child had not gotten everything she should have from
the school experience and fortunately, she became involved in business
courses in which she excelled. However, she pointed out that there are
many children who slip through the cracks and do not have parents at
home who become involved in their learning process. She stated that a
School Board member should be visible in the schools and should make
themselves available by talking to parents.
QUESTION: If elected to the School Board, on which priority would
you place your in~nediate attention - teachers, staff or students, and
why?
ANSWER: Ms. Reedy advised that the students would be her first
priority, advising that she volunteers a considerable amount of time to
the school system.
1'1'4'
M_~rt Fi. tzpatrick asked the following questions:
QUESTION: How would you rate the overall education which is being
provided by the Roanoke City Public Schools in 1989-90.
ANSWER: Ms. Reedy advised that on a scale of one to ten, she
would rank the system a seven or an eight, and further advised that
there is always room for improvement. She stated that she has had con-
cerns for the past three or four years and has been vocal about her
feelings, She pointed out that a lot of effort has gone into meeting
the needs of the average child, however, there is still a great deal to
be done. She stated that there are a lot of good teachers in the
Roanoke City School system, but on the other hand there are numerous
mediocre teachers.
QUESTION: What do you think is the most important challenge
facing the Roanoke City Schools in the immediate future?
ANSWER: Ms. Reedy advised that the most important challenge will
be to obtain more money. She called attention to state mandates which
have to be met when there is not always enough money to do so. She
stated that individuals must realize that they cannot always have what
they want; that if the City is to have good programs this year,
something must be deleted somewhere else; that if teachers are to
receive the mandated raises one year, funds will have to be decreased
the next year to free up money for something else that may be needed.
She stated that guidance counsellors have been high on her list for
several years, especially at the elementary school level; that there
are children who come to school with a lot of problems every morning
and they need someone they can talk to.
Mr. Garland asked the followin0 questions:
QUESTION: Drugs have become quite a problem in the public school
system. The City Manager has recommended in his proposed 1989-90
fiscal year budget that Council authorize 20 additional law enforcement
positions to cope with this problem. Do you have any suggestions on
how to handle the drug problem?
ANSWER: Ms. Reedy advised that drugs are in the community and
there is no way to escape them in the schools. She stated that part of
the problem rests with parents; and in this day and time, parents
seem to take a passive attitude that all they have to do is send their
children to school. She pointed out that all of society needs to be
educated and made aware that there is a problem. She advised that a
lot of children go home to empty houses or apartnmnts and to parents
who do not care if they are present or not. She stated that the Police
Department can get rid of drugs on the streets but people need to
change the way they think and they must be made to realize that when
they have children, they are responsible for their children until they
are old enough to make their own decisions or until they are old enough
to be responsible for their on actions. She pointed out that kids want
to be made to behave and they want to know they are loved.
QUESTION: What do you perceive as the proper function of the
School Board and more specifically as it relates to the relationship
between the Superintendent of Schools and the Board? Where does the
School Board's authority end and the administration's authority begin,
or vice versa?
ANSWER: Ms. Reedy stated that Dr. Tota is responsible for the
everyday operation of the schools, and the responsibility of the School
Board is to work between the administration and City Council in order
to make decisions that are best for the children, She responded that
if she had made up her mind that she had done everything she could to
adequately research a project or proposal, etc., she would not back
down from her position until proven wrong.
Mr. Trout asked the following questions:
QUESTION: What is your opinion of the Magnet School Program?
ANSWER: Ms. Reedy advised that the Magnet Schools are working
although she was not sure that they were meeting the purpose for which
they were intended. She stated that in the beginning they were
intended to provide for a full balance in the racial situation in the
schools; however, they have not as yet met that goal.
QUESTION: If elected to the School Board, if additional funds
came to the School Board from the State or Federal Governments and if
you had the option to appropriate those funds to only one program,
would you choose a program for the gifted student or would you choose a
program for the average student?
ANSWER: Ms. Reedy responded that she would place the money in
vocational education, advising that children who are gifted enough to
be in the Governor's School will succeed no matter what; however, the
children in the vocational programs may fall through the cracks if
funds are not available for the type of programs they need; that they
are the students who, in all probability, will not go to college, and
without proper -programs, they-could eventually graduate from high
school with no training.
11'5
The MaNor asked the followin9 questions:
QUESTION: What special talents, interest or experience would you
bring to the Roanoke City School Board?
ANSWER: Ms. Reedy advised that she did not have the educational
background that the other applicants possess; however, in a lot of
instances, good common sense will go a lot farther than book learning.
She stated that her qualifications of having raised three children,
being in the schools everyday, seeing what goes on in the schools and
seeing the types of situations that children deal with on a daily basis
all qualify her for a position on the Roanoke City School Board.
QUESTION: If elected to the School Board, what would you like to
see the Roanoke City Public School system accomplish during your three
year term of office?
ANSWER: Ms. Reedy advised that she would like to see, especially
in the consolidation talks, cooperation in education. She stated that
the City has an image problem and it will take a lot of work on the
part of everyone to reach improvement. She advised that she would also
like to see people move back into the City of Roanoke because of the
quality of education that is available to every child.
There being no further business, the Mayor declared the public
interviews of School Board candidates adjourned at 10:15 p.m.
.... APPROVED"
ATTEST: · '
City Clerk
116
SPECIAL SESSION ROANOKE CITY COUNCIL
April 26, 1989
7:30 p.m.
The Council of the City of Roanoke met in special session in the
Roanoke Civic Center Exhibition Hall, 710 Williamson Road, N. E., City of
Roanoke, on Wednesday, April 26, 1989, at 7:30 p.m., pursuant to Section 10,
Meetings of Council, of the Roanoke City Charter, and pursuant to the Proposed
Budget Study and Adoption Schedule for Fiscal Year 1989-90, adopted by Council
on Monday, March 27, 1989, with Mayor Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr. (arrived at 8:10 p.m.), Robert A. Garland, Howard E.
Musser, James O. Trout and Mayor Noel C. Taylor ............ 7.
ABSENT: None ..........
Oe
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
On behalf of the Members of City Council, the Mayor extended a
welcome to all persons in attendance. He advised that Council was pre-
sent for the purpose of hearing remarks from citizens with regard to
the proposed fiscal year 1989-90 budget recon~nended by the City
Manager, and with respect to the real estate tax rate for fiscal year
1989-90. He stated that it was a privilege for elected and administra-
tive officials of Roanoke to host the public hearing on the Budget and
Resource Allocation Plan for the upcoming fiscal year; and the public
hearing was open for any comments or remarks regarding the tax rates
of the City of Roanoke.
The Mayor stated that Roanoke is a progressive City and its chief
concern is the involvement of its citizens as Council seeks to address
future trends and to recommend strategic objectives that will enable
the City to not only serve the in~nediate future, but to organize itself
in such a way that Roanoke will experience continuing growth and deve-
lopment through the year 2000. He advised that the City of Roanoke has
always had a big heart, that it has been a provider of services for its
citizens and it has had an especially big concern for the disadvan-
taged, poor and elderly. He stated that Roanoke is a City of the
future and needs the revenue to make the necessary improvements to its
schools, storm drains, bridges and other essential infrastructure pro-
jects. He added that Council has the responsibility of making tough
and sometimes unpopular decisions; that resource limitations require
careful choices; however, it is known, on the positive side, that new
opportunities are emerging and the City is dedicated to continuing its
growth and development. He stated that he has been sad at heart as he
witnessed the withdrawal of Federal support from the most vulnerable in
our City, and in fact, the withdrawal of Federal funds had an adverse
impact on the entire community; however, Roanoke continued to
strengthen its system of education, with fewer slums and better streets
along citizens who are concerned about and involved in their City
government. He pointed out that the new airport terminal will
strengthen the economy of all of western Virginia, and a constant
effort is being made to improve the large range of City services.
The Mayor advised that Council had come to listen to the citi-
zens, to provide them with an opportunity to share with Council their
wisdom, experience, guidance and reconm~ndations regarding the City and
its tax system and operating budget. He stated that the City of
Roanoke has experienced a general rising of the standards of efficien-
cy; that the City must continue to practice economy in government
expenditures and he advised that the citizens of Roanoke will continue
to express confidence in their government as Council sees to it that
their money is spent on projects which they approve. He added that the
money which is spent should be spent to yield the best possible
returns, efficiency and progress, advising that there is a tremendous
opportunity to move the City of Roanoke ahead, united.
In order to hear as many citizens as possible, the Mayor advised
that it was necessary for Council to establish a time limitation for
each speaker; whereupon, Mr. Trout moved that each speaker be allotted
between three and five minutes in which to make his or her presen-
tation. The motion was seconded by Mr. Garland and adopted.
The Mayor advised that the City Clerk had arranged for citizens to
register to speak and he would call upon those persons in the order in
which they had registered. He further advised that forty persons had
registered to speak.
Mr. Eugene M. E11iott, President, Virginia Museum of Transporta-
tion, appeared before Council and presented background information on
the Transportation Museum. He stated that the Museum is reflective of
the Roanoke con~nunity -- the brakemen, clerks, truck drivers, engi-
neers, etc., advising that it is a Museum that captures the image of
the accomplishments of our citizens. He stated that the Transportation
Museum is in a somewhat different situation than other persons or orga-
nizations who will address Council inasmuch as 42 per cent of the pro-
perty is City property which has been entrusted to the Museum to
preserve. He added that tile Museum is internationally and nationally
known for its si§niftcant collection of transportation artifacts which
will complement the trade and convention center. He stated that the
Museum is earnestly involved in the economic development of the Roanoke
Valley conmnunity. In order to adequately operate, he advised that the
Transportation Museum needs a total of $75,000.00 for fiscal year
1989-90.
Mr. Robert L. Justice, Inmmdiate Past President, Concerned
Citizens and Taxpayers of Roanoke, appeared before Council and advised
that a few years ago, he addressed Council concerning an unfair, ine-
quitable assessment system in the City of Roanoke, and he also pro-
tested the real estate tax rate which was felt to be too high. He
stated that the Taxpayers Association was pleased that Council heeded
their message and that of other citizens throughout the City and made
some badly needed changes. He commended all members of Council, past
and present, who were a party to those changes.
Mr. Justice pointed out that current concern throughout the City
over the changes in various assessments is most likely the result of
placing Roanoke's assessment program into conformity with state law and
not the process itself; however, the real problem rests with the con-
tinuing and persistent increase in the tax rate. He stated that the
increase in the value of the average home is usually of no value to the
property owner until the house is sold or used as collateral, and the
continual increase of the paper value of a home in Virginia is more of
a liability than an asset. He explained that a method must be found to
eliminate the penalty of home ownership in Virginia, otherwise, the
Conmmnwealth will soon be like a number of foreign countries in which
home ownership will be a privilege of the rich and the remainder of the
citizens will be tenants or management dependents. He added that it is
believed that the amount of taxes levied on private homes must start to
come down and stay down which can be done in the inmmdiate future by
lowering the tax rate, advising that homeowners should pay a fair and
equitable portion of the budget requirements of the City, but no more.
Mr. Justice stated that Council was requested some time ago to
place the assessment process on a two year cycle instead of the current
one year basis, which would be of benefit to the Office of Director of
Real Estate Valuation, as well as provide more stability to the asses-
sment process. He pointed out that the next step would be to expand
the assessment cycle even further beyond the two year cycle, advising
that the assessment cycle in North Carolina is every eight years. He
pointed out that the above should only be stepping stones toward the
ultimate in tax equity which would be to permit assessments only upon
the exchange of.title, upon the voluntary request for reassessment or
upon the use of property as collateral which would eliminate the
injustice of taxing an asset that is an asset in name only to the pro-
117
118
petty owner. He explained that the question may then become how to
make up for any lost revenue in such a program, advising that first,
spending should be reduced wherever possible, however, consideration
could be given to some kind of local income tax or an increase in the
permitted level of the sales tax. He pointed out that more flexible
use by localities of both of these taxes has been extensively debated
in the General Assembly this year with mixed results. He explained
that income taxes and sales taxes would more fairly treat both the
transcient and the permanent residents of a given area; that such taxes
would directly reach those families who have children in the school
system, but do not own real property and may cause some exercise of
discipline as to the degree of services demanded by certain elements of
the co.unity if it is known that taxes to pay for these services are
immediate and apply directly to them.
Mr. Justice asked that Council study the proposals, advising that
it is in the long term interest of every citizen in the City of Roanoke
and the Commonwealth of Virginia at-large to work on a program of real
estate that does not penalize home ownership and one which helps to
keep home ownership affordable for all segments of society.
Ms. Melody S. Stovall, Executive Director, Harrison Heritage and
Cultural Center, appeared before Council and advised that for the past
three and one half years, the Harrison Center has provided Roanoke City
residents and visitors with an opportunity to view and appreciate
African-American history, art and culture. She stated that thanks to
the City of Roanoke, Total Action Against Poverty in the Roanoke Valley
and others, Harrison School is now a Virginia Historic Landmark and
the ideal place to house an African-American Museum. In the past
year, she explained that Harrison was one of three innovative projects
cited by the City of Roanoke in its successful designation as an
All-America City. She stated that the Harrison Center has welcomed
over 6,000 visitors who have enjoyed art and history exhibits,
workshops, performances and other events; that on a weekly basis, the
Harrison Center has provided the Roanoke City Neighborhood Partnership
with office space for a senior citizens arts and crafts program,
advising that this active link with the Neighborhood Partnership provi-
des a needed con~nunity service. She commented that corporate
underwriting for special events and programs continues to expand and on
April 17, 1989, the Board of Directors of Harrison voted to amend
Harrison's name to reflect what the Center is and does, and after
filing the appropriate paper work, the Harrison Heritage and Cultural
Center will now be known as the Harrison Museum of African-American
Culture. She stated that without a doubt, the Harrison Museum is a
much needed and greatly appreciated cultural institute and the Board of
Directors looks forward to a positive reply to their request for
operating funds for the 1989-90 fiscal year.
Mr. Alphonso L. Holland, member of the Board of Directors of the
Harrison Museum of African-American Culture, appeared before Council
and advised that the Harrison Museum played a part in the Roanoke's
selection as an All-America City. He expressed appreciation for the
funds that were allotted by the City to the Harrison Museum last year,
and stated that the Harrison Museum has requested $119,252.00 for
fiscal year 1989-90, which is a bare minimum in order to continue
progran~nin,] and operatior of the Museum.
Ms. Cordia Al-Qahharl, 1122 19th Street, N. W., Treasurer,
Northwest Elementary School PTA, appeared before Council and advised
that she ts the parent of three students who attend Northwest
Elementary School. On behalf of parents, staff and students, she
expressed appreciation to Council for the funds which were allocated to
Northwest Elementary School last year to provide guidance counsellors
and reading resource teachers in an effort to promote an effective edu-
cational program for Roanoke City school students. She stated that
having served as a volunteer on a daily basis, she is aware of the
needs of the students, and in order that they receive a sound educa-
tion, all day kindergarten would enhance their educational foundation
and promote their intellectual and social growth in order to become
contributing citizens of the Roanoke Valley. She spoke in support of
retaining school nurses, advising that the needs of students often
demand the services of qualified medical personnel; and school nurses
have been of benefit to students, parents, and the staff they serve
with quick diagnosis, medical adv~ice, transportation to clinics and
doctor's offices and follow up conferences.
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m )
Ms. Kathryn E. Glassbrenner, 5221 Medmont Circle, S. W., President
of the Raleigh Court Elementary School PTA, appeared before Council and
advised that Raleigh Court has an active PTA with parents who care
about the type of education their children receive, and they know that
Council also cares because support has been shown in the past for the
school budget by providing funds to hire Dr. Tota who has been an
effective leader for the School Administration. She stated that just
as the support of Council in the past has been appreciated, Council's
continued support for the future is needed; and if the City is to have
good teachers, they will have to receive a salary they are willing to
work for to insure that teachers will continue to make a dedicated
stance for the Roanoke City schools and not move on to more lucrative
opportunities. She requested Council's support for continuation of the
nurses program which is of particular importance to the socio-
economically disadvantaged child. She stated that in the past funding
by the City has allowed Raleigh Court to add onto the library and
install a new computer center. She also stated that funds have been
provided in order to install a new sidewalk, and Raleigh Court has
improved because Council has seen their needs; however, the commitment
of Council to be future partners is needed so that Raleigh Court may
continue to grow. She explained that as a citizen, she is willing to
pay her part in taxes to insure that funds are available. She stated
that she lives in the City of Roanoke by choice; that she moved to
Roanoke City from Roanoke County because of the City's school system,
and requested Council's assistance in retaining the quality of educa-
tion currently enjoyed by students in the City of Roanoke.
At this point, 8:10 p.m., Vice-Mayor Fitzpatrick entered the
meeti nc.
Mr. Thurman Allen Clark, 2618 Staunton Avenue, N. W., representing
the Forest Park Elementary School PTA, appeared before Council and
expressed appreciation for the past and present attention Council has
given to the schools in terms of addressing certain needs. He
requested that Council support and assist Forest Park students with a
much needed all day kindergarten program and a full time guidance coun-
sellor, along with other programs that will meet the needs of disadvan-
taged students. He stated that all options need to be investigated in
order to keep children in school so that they will become the kind of
adults who will be in a position to make responsible decisions that
govern the City, State and Nation.
Ms. Lorraine H. Martin, 2723 Montvale Road, S. W., representing
the Grandin Court Elementary School PTA, appeared before Council and
expressed appreciation for Council's assistance not only at Grandin
Court, but throughout the City. She stated that Grandin Court would
like for more emphasis to be placed on high quality material which will
increase the motivation of students, advising that guidance counsellors
would also help in this area as well as increasing the self-esteem of
the students they serve; that small classes have been a plus at Grandtn
Court and it is hoped that Council will continue to support small
classes. She spoke in support of all day kindergarten sessions which
will also be a positive step toward setting the foundation for the
learning process.
Mr. Edward J. Shrewsbury, 2433 Shull Road, N. E., representing the
Lincoln Terrace Elementary School PTA, appeared before Council and
advised that education is the most important part of any City's
program. He stated that the education budget, under Dr. Tota's leader-
ship, has been progressive and expressed appreciation to Council and
to the School Board for the positive programs that have been estab-
lished in the City schools. He called attention to an excellent staff
at Lincoln Terrace and stated that in order to keep such a staff in
place, they must be appropriately compensated. He referred to the com-
puter program at Lincoln Terrace, of which they are extremely proud,
and expressed concern over school nurses, advising that they need to be
funded either on a Federal or a local level, inasmuch as school nurses
may be the only type of medical attention some children receive. As a
parent and as a taxpayer, he urged that Council consider full funding
of the school budget and advised that he was willing to pay whatever
was necessary to insure a quality education for the children of the
City of Roanoke.
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Mr. Willie Hurt, Jr., 2424 Orange Avenue, N. E., President of the
Forest Park Elementary School PTA, appeared before Council and
expressed appreciation for the many programs established at Forest
Park. He stated that Forest Park needs all day kindergarten sessions,
along with a full time guidance counsellor.
Ms. Bonnie Alltgood, 1725 Maiden Lane, S. W., representing the
Wasena Elementary School PTA, appeared before Council and requested
that Council approve the proposed 1989-90 fiscal year budget for the
schools. She stated that Wasena is a growing school in a growing
neighborhood with staff and parents all striving for the best for the
students. She further stated that the PTA has shown its support time
and time again by participating in fundraising activities, special pro-
jects enrichment, volunteerism and teacher support, She pointed out
that resources are stretched thin and Wasena functions with a part-time
principal, a part-time librarian, a guidance counsellor two days a week
and a remedial teacher one hour a week. She advised that the Wasena
School building itself needs attention, and asked that Council increase
the school budget for fiscal year 1989-90, and pointed out that if edu-
cation is to continue to progress, the focus must be on the children
who represent the future.
Ms. Linda P. Edwards, 132 Trinkle Avenue, N. E., parent of a stu-
dent at Preston Park Elementary School, appeared before Council and
expressed appreciation for a full-time principal at Preston Park
School. She stated that the City is doing more with less dollars and
expressed appreciation for every consideration.
Ms. Linda A. Markham, 125 Hurst Avenue, N. E., President, Central
Council PTA and the parent of children attending the Roanoke City
Public Schools, appeared before Council and expressed appreciation for
Council's support and funding of the school budget last year, and for
supporting the innovative programs of the school system to enhance the
education of City school children. She asked that Council fund the
school budget as requested, advising that additional funds are needed
to upgrade the appearance of some of the school buildings, especially
the middle schools. She called attention to the need for additional
guidance counsellors and all day kindergarten sessions to provide early
inner action for youngsters. She stated that Roanoke City has a
quality educational system and its programs are drawing favorable sta-
tewtde attention; however, a quality education is not free and it is
known that state funds cover only a small portion of the budget, and
the City must strive for constant improvement if it is to compete with
school systems throughout the state, and it must be willing to finance
a school budget that invites industry to locate in the area instead of
looking elsewhere. She advised that although she would not want to pay
additional taxes, she would encourage Council not to lower the real
estate tax rate if it would enable the schools to receive additional
funding.
Ms. Sue Anderson, 4622 Nelms Lane, N. E., President of the
Monterey Elementary School PTA, appeared before Council and expressed
appreciation for full funding of the school budget, advising that she
was pleased to learn that Monterey will have a part-time guidance coun-
sellor next year. She advised that the principal and teachers have
done a good job, but the needs of the children require a full-time
guidance counsellor. She stated that the PTA has been active in
fundraising and without these funds, Monterey would have to do without
many of the materials and supplies that the PTA has provided.
Ms. Betty L. Perkins, 3137 Yardley Drive, N. W., representing the
Breckinridge Junior High School, appeared before Council and called
attention to schools that need to be renovated and maintained. She
stated that Breckinrtdge is in grave need of maintenance and an
upgrading of its physical plant in terms of replacement of restroom
plumbing, painting inside and outside, plus carpentry work. She added
that funds have been set aside for spot painting at Brecktnridge but
manpower is lacking; that cosmetically, Breckinridge is in very poor
condition; that as a landmark in the City of Roanoke and in the
Wtlliamson Road area, appearance is important. She pointed out that
23.8 per cent of the students at Breckinridge are on the A-B honor role
which indicates that they are doing well academically.
Ms. Fran C. Martin, 3325 Oakland Boulevard, N. W., Co-Chairman of
the Preston Park Elementary School PTA, appeared before Council and
advised that for the first time in six years, Preston Park will have a
full-time principal next year which will be of great benefit to stu-
dents and teachers. She stated that another first was the computer lab
program which has enhanced and enriched the instructional programs.
She expressed appreciation for the many extra City programs offered to
students at much less expense than neighboring school systems.
Ms. Cindy Dossett, 2419 Lincoln Avenue, S. W., representing the
Grandin Court Elementary School, appeared before Council and expressed
appreciation for the concern and support of the Roanoke City schools,
and for setting the City on the path to providing the best possible
education for its children. She stated that parents at Grandin Court
are confident that Council will consider the need for full day kin-
dergarten sessions, advising that guidance counsellors at all levels
are greatly needed, and the school nurse pro§ram should be continued.
She stated that she would like for the classroom to continue to be kept
as small as possible, and pointed out that if Council approves the pro-
posed 1989-90 fiscal year budget, the City will continue to have
excellent schools.
Ms. Sandra K. Humphries, 1417 Greenbrier Avenue, S. E., represent-
ing the Fallon Park Elementary School PTA, appeared before Council in
support of all day kindergarten sessions, advising that provided with
an opportunity to go to kindergarten all day, the knowledge and skills
of students will double. She stated that all day kindergarten would
also be a plus for parents who work. She expressed appreciation to
Council for its support of the schools.
Ms. Cynthia J. Lucas, 4059 Welcome Valley Road, S. W., represent-
ing the Garden City Elemel)tary School PTA, appeared before Council and
spoke in support of all day kindergarten sessions, advising that
children attending sessions all day would have an opportunity for
teachers to take them on field trips, there would be time for indivi-
dual attention, and children would leave kindergarten having been
better prepared with a foundation for future learning. She expressed
appreciation for a well prepared faculty at Garden City, and urged
Council's support of the proposed 1989-90 fiscal year budget of the
Roanoke City School Board.
Mr. G. Thomas Chapman, III, 2115 Rutrough Road, S. £., represent-
ing the Garden City Elementary School, appeared before Council in sup-
port of all day kindergarten sessions. He talked about the comparison
of student test scores between Roanoke City, Roanoke County and the
City of Salem, advising that City scores were not as high, one reason
being that the City has a high concentration of children who do not
have certain economic opportunities at the beginning of their school
career. He stated that overall performance could be improved by
helping the children achieve on standardized tests and by providing
them with a full day kindergarten program at the beginning of their
school career. He implored Council to approve a budget that will pro-
vide funds for all day kindergarten classes in all of the City's ele-
mentary schools.
Mr. Randy S. Layman, 3807 Sunrise Avenue, N. W., President,
Roundhill Primary School PTA, appeared before Council and expressed
appreciation for the funding which has enabled teachers and administra-
tors at Roundhill to maintain opportunities and services for students.
He also expressed appreciation for the emphasis which has been placed
on classroom size and the employment of remedial teachers. He stated
that Roundhtll has enjoyed full day kindergarten for two years and
agreed with other speakers that it is an in~nediate need for the school
system. He expressed appreciation for the support of Council in stimu-
lating curriculum in the schools. He advised that the food preparation
area at Roundhill is no larger than a home kitchen and serves more than
275 children daily and spoke in favor of enlarging the area. He stated
that the dining area is a multi-purpose room which serves not only for
eating but for music activities, physical education and other special
programs, and it strains the ability of staff to keep the room set up
and taken down in order for students to eat and have physical educa-
tion in the afternoon. He pointed out that since 1962, there have been
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122'
no capital improvements at Roundhill, and asked that Council favorably
consider the above requests. He spoke in support of the school nurse
program, advising that Roundhill enjoys the services of a para-profes-
sional but additional positions are needed. He addressed needs in con-
nection with library space and inventory of books. On behalf of the
Roundhill PTA, he commended Council for what has already been accomp-
lished and asked for every consideration in the coming year.
Ms. Rita Waystaff, 5318 Sundance Road, Salem, Virginia, appeared
before Council and advised that she drives 25 minutes a day, four times
a day, in order that her children may attend Fairview Elementary
School, primarily because of the PLATO Program, which is an exemplary
program of which Roanoke City should be extremely proud. She expressed
concern that there is a gap between the PLATO Program at the elementary
level and the Governor's School at the high school level. She urged
that Council consider a PLATO type program in the middle schools. She
also recommended the advantages of full day kindergarten.
Ms. Mary G. Parker, 107 Cherryhill Road, N. W., representing the
Fairview Elementary School PTA, appeared before Council and stated that
funding for the Roanoke City Public schools has enriched the students
in many ways, advising that special education children are strenthening
their learning ability and advanced children are being offered the
PLATO Program. She further stated that although funding has been
received for the hands-on materials that teachers use for mathematics
in the regular classrooms, she would like to see more funds for com-
puter and software equipment. She added that computers are not only a
fun way of learning, but they add a different dimension to the learning
experience and offer state of the art innovation and educational
enhancement. She pointed out that although some computers have been
received, the process has been slow and if extra funding could be
obtained, the process would be accelerated. She spoke in support of
full day kindergarten instead of half day sessions which would enable
the children to comprehend the learning process in a more relaxed and
enjoyable atmosphere rather than trying to place a full day of learning
into two and one half or three hours.
Mr. John D. Dove, 2526 Nottingham Road, S. E., appeared before
Council on behalf of the Board of Directors of the Roanoke Vocational
Education Foundation, Inc., and approximately 4,200 students current-
ly involved in vocational and technical education in the school system.
He stated that a March 1989 report by the Vi,-ginia Employment
Commission indicates a high demand for workers in the following areas
of employment in the state; viz: general office occupations, automo-
bile mechanics, cooks and other food preparation workers, masons,
construction laborers, hairdressers, cosmotologtsts, grounds keepers,
heating and air conditioning, and refrigeration mechanics. He
explained that the Roanoke City Public School system currently has in
place excellent programs to train workers in these areas, and students
have had the opportunity to be employed while they are in school
through cooperative education programs. He added that there is an
increase in the demand for these programs as evidenced by new employer
contracts in which it is desired to employ students in meaningful jobs
in the Roanoke Valley. He explained that the student population in the
vocational education program in the current school year consists of 67
per cent disadvantaged and 9 and one-half percent handicapped, and for
most of these students a vocational education is the best, if not the
only, hope for breaking a cycle of poverty and unemployment. He stated
that Council's support is needed for the funding of these programs and
for funding the current budget so that the system will continue to keep
up to date with training for students in these important areas. In his
role as a parent, he expressed support for the proposed 1989-90 fiscal
year school budget.
Mr. Kenneth C. King, Attorney, representing the Virginia State
Games, appeared before Council and advised that across America, many
amateur athletes compete and have an opportunity to move into the ranks
of Olympians; that in over 40 states across the country, state-wide
games are held and until now such an event has not been available in
Virginia. He explained that Virginia Amateur Sports was conceived by
Mr. Doug Fonder with the idea that the Roanoke Valley would be the home
123
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of the Virginia State Games which are intended to be held on an annual
statewide Olympic style basis. He advised that in 1990, which will be
the first year of the games, 3,200 athletes from across the State of
Virginia will compete, lie pointed out that in July, 1990, a total of
fifteen Olympic style sports will be offered, such as basketball, gym-
nastics, track and field, water skiing, etc. He stated that the
Virginia State Games is a unique opportunity, one that comes once in a
lifetime to a con~untty such as Roanoke. He noted that it is intended
to be a valley-wide event; that the Roanoke Valley has the basic faci-
lities from Salem to Smith Mountain Lake for track to water skiing,
with the finest soccer facilities in the State of Virginia, and with
all of these facilities combined, the Roanoke Valley will be in a posi-
tion to provide an opportunity for a fine event for amateur athletes
from across the state. He pointed out that $39,000.00 has been
requested from the City of Roanoke; that $175,000.00 has been appro-
priated in the State's budget; that Roanoke County has appropriated its
pro rata share, pursuant to a per capita allocation based upon the most
recent census of tile Valley governments; and it is expected that the
Town of Vinton, City of Salem and Botetourt County will join in the
effort. He advised that the activity will focus on Roanoke as a
Festival City; and total cost will be $453,000.00, with approximately
$1 million of economic benefit in 1990. Further, he stated that the
tax benefit will be more than a roll over of the dollars that are
invested, and including the hotel, restaurant and sales tax, the City
will actually receive $47,000.00, having invested only $39,000.00.
Ms. Ruth C. Willson, 3701 Heritage Road, S. W., Treasurer,
Fishburn Park Elementary School PTA, appeared before Council and
advised that it is a relief that Ftshburn Park does not have combined
classes this year. She expressed appreciation for the coordination of
the City and the State that resulted in Fishburn Park receiving four
computers through the Virginia Technical Initiatives Program which
represents the start of a computer lab at the school. She stated that
Fishburn Park has been designated as a physical education demonstration
center and as a part of the unique back to basics program, students
have the benefit of the services of a daily physical education instruc-
tor and yet, in bad weather, the gymnasium facility is a form of class-
room. She noted that for four years Fishburn Park struggled as a
paired school and called attention to growing concerns of the PTA over
marked changes in the student body. She stated that 1987-88 enrollment
was 316 students and 321 in 1988-89; that the State of Virginia man-
dates a full time principal with schools of 300 or more students; that
other paired schools have gained full time on site principals because
of their designation as a Magnet Center; however, Fishburn Park houses
two full time Magnet Programs; viz: the Back to Basics Program and the
PLATO Program, along with special education classes. She pointed out
that while Fishburn Park School has a very capable principal and staff
who work diligently to provide excellence in education, the school is
without the advantages of a full time instructional and administrative
leader. She stated that Fishburn Park deserves the guidance and super-
vision that only a full time principal could provide.
Ms. Laura Elliott, 2720 Rosalind Avenue, S. W., President of the
Crystal Spring Elementary School PTA, appeared before Council and spoke
in support of full funding for the school budget in order to insure
excellence in education for Crystal Spring Elementary School, as well
as all Roanoke City schools. She stated that Crystal Spring is for-
tunate to have a dedicated faculty and staff who are committed to
challenging each child. She advised that Crystal Spring supports the
need for full time guidance counsellors, school nurses and full day
kindergarten sessions in each elementary school in the Roanoke City
system.
Ms. Day'nette Saleh, 4023 High Acres Road, N. W., Co-President of
the William Ruffner Junior High School PTA, appeared before Council and
advised that William Fleming High School and William Ruffner Junior
High School received state and national recognition through the
National Secondary School Recognition Program sponsored by the United
States Department of Education for strong leadership and an effective
working relationship among school, parents and others in the community.
She stated that if the City is to continue its reputation of having
excellence in education, full funding of the school budget is
necessary.
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Ms. Lana McCloud, 4490E Banbury Lane, S. W., appeared before
Council and advised that William Fleming High School is proud to be one
of 260 schools seeking national recognition and one of four schools in
the State of Virginia to seek the same award. She stated that the
Roanoke Valley is aware of what it takes to attract industry and the
school system is one of the first things on the list, and explained
that William Fleming Nigh School is aware of how important it is to
have top notch teachers, faculty, administrators, programs and facili-
ties to continue the efforts in such an endeavor.
Mr. Warren A. Crawford, 3202 Troy Avenue, N. E., Principal,
Monterey Elementar~ School, appeared before Council and expressed
appreciation for the spirit of cooperation that exists between City
Council Members, School Board Members, the City Manager and the School
Superintendent, advising that this spirit of cooperation has not always
existed. He stated that there are five children at Monterey Elementary
School who carpool from Huddleston, Virginia, each day, three of whom
are in the PLATO Program and two of whom are in regular classes,
advising that the parents of these children carpool from Huddleston
because they are aware of the quality of education their children are
receiving in the Roanoke City Public School system. He called atten-
tion to Project Support, advising that Monterey is one of four pilot
schools this year where services have been coordinated within the
school to do a better Job of identifying children with special academic
needs without placing them in special education classes. He stated
that the Project Support Committee has carefully examined the needs of
twenty per cent more children this year than last year, however, forty
per cent fewer children have been placed in special education classes
because, in many instances, the Con~ittee referred these children to
private organizations, and fortunately, many parents were able to
follow up on the referrals and take their children to private prac-
titioners. He further stated that there were parents at Mo;~terey and
throughout the City who could not afford to take their children to pri-
vate practitioners; therefore, there is a need to coordinate services
for children, and he requested that Council, the School Board and the
City and School administrations review available resources to me. et the
needs of children with special problems.
Ms. Brenda Sweet, 2614 Dorchester Drive, N. W., representing the
Huff Lane Intermediate School PTA, appeared before Council and advised that
Huff Lane, because of the new academic continuous progress concept ini-
tiated two years ago, provides and promotes an atmosphere of high
expectation for student performance, strong teacher morale and a com-
petent staff that stresses con~nunicatton among students, staff and com-
munity. She pointed out that there exists a variety of motivating
stimulations, activities and programs which stress academic and social
achievement for students attending Huff Lane. She stated that Huff
Lane is especially proud of the focus given to encouraging students to
read and become familiar with the media through their expanded library
media program; that the computer literacy program has been an oppor-
tunity afforded each child and parent during and after school because
of changing technology and the need for mass conmmnication in the next
decade. She advised that Huff Lane would like to expand its computer
program by providtngmore computers and appropriate instructional soft-
ware, and called attention to the need for additional books and
instructional materials, appropriate library furniture, draperies for
the Media Center, replacement of the outdated public address system and
air conditioning in the multi-purpose room which serves the school and
the community. She stated that the Huff Lane PTA and staff highly sup-
port the 1989-90 school budget, and asked that Council give favorable
consideration to the budget submitted by the Roanoke City School Board.
Ms. Annie H. Creasy, 2608 Churchhill Drive, N. W., Treasurer, Huff
Lane PTA, appeared before Council and advised that Huff Lane offers
quality education and promotes a climate of warmness and involvement
for the community. She stated that many requests have been made for
instructional and facility improvements in the 1989-90 budget and the
PTA supports the request for a public address system,' playground equip-
ment and parking lot improvements. She urged that Council support the
proposed 1989-90 fiscal year budget for the schools.
125
Mr. William L. Proffitt, 3545 Greenland Avenue, N. W., appeared
before Council and advised that the City Manager should continue to
cut the budget by deleting the Mayor's Secretary, as well as the
Citizens' Request for Service Office. He complained that heavy
vehicles using Greenland Avenue are causing damage to the foundation of
his house. He advised that Greenland Avenue needs to be paved and
stated that Council does not seem to want to help the ordinary citizen.
Ms. Nancy H. Waybright, 3013 Collinswood Street, N. W., repre-
senting the Breckinridge Junior High School PTA, appeared before
Council and advised that she was proud that Breckinridge Junior High
School, which serves as a con~nunity center, has received numerous aca-
demic recognitions. She stated that in 1984, Breckinridge was the top
Virginia school in the excellence in education competition and this
year, it was voted as one of the top eight schools in the state. She
advised that students excel in athletics, academics, and con~nunity
involvement. She expressed appreciation for Council's past support in
such areas as the Magnet Program, the acquisition of state of the art
computers and other equipment and implementation of the middle school
concept; however, she stated that additional support is needed if
Brecktnridge is to be successful in reaching its goals. She stated
that the main section of the Breckinridge building dates back to 1932
and, while it has historical significance in the community, it is in
need of renovations; that restroom facilities need to be upgraded, fur-
niture and floors in classrooms need to be replaced and the exterior of
the building needs various repairs. She con~nented that the Williamson
Road area has always been a vital part of the City and has recently
begun to receive the attention and respect that it deserves and as the
appearance and reputation of the area improves, Breckinridge must not
be allowed to lag behind. Therefore, she asked that as Council con-
siders next year's budget, that the needs of Breckinridge Junior High
School also be considered in order that the school will be in a posi-
tion to maintain its high standards of education and con~nunity service.
Ms. Becky Johnson, 3524 Cove Road, N. W., President, Weststde
Elementary School PTA, appeared before Council and expressed appre-
ciation for the support which has been given to the school budget in
the past. She stated that she was particularly grateful for the advan-
tage of having guidance counsellors at Westside for the last two years.
She expressed support for the all day kindergarten program and suf-
ficient pre-school programs throughout the City. She stated that next
year the middle school program will be implemented which means that
more children will be walking to school and younger children will he
walking longer distances, and pointed out that some of the schools do
not have adequately marked school zone signs nor do they have
crosswalks. In particular, she referred to William Ruffner Junior High
School, advising that if one approaches William Ruffner from
Hershberger Road, there are no crosswalks and no signs to indicate a
school zone for William Ruffner or for William Fleming High School.
She stated that she would like for sufficient funds to be appropriated
to the Public Works Department to insure that all schools are properly
identified with school zone signs.
Ms. Paula Vandergriff, 2629 Wycliffe Avenue, S. W., representing
the James Madison Junior High School PTA, appeared before Council and
expressed appreciation for school funding, advising that as a result of
funds appropriated for the 1988-89 budget, computer equipment was
added to the lab, along with audio visual equipment. She stated that
Council, along with the School Board, has done an excellent job to
insure excellence in education for Roanoke City.
Ms. Ltnda Green, 2152 Mountain View Terrace, S. W., President of
the Virginia Heights Elementary School PTA, appeared before Council and
advised that the Volunteer Program at Virginia Heights was nominated
for the Governor's Award for Volunteerism. She stated that the PTA
works with a small annual budget of approximately $10,000.00 from which
they have purchased educational materials which were needed but other-
wise would not have been available; that the PTA is now working toward
more after school programs for students; that the PTA provides a $50.00
mini grant to teachers for innovative programs and a $50.00 stipend for
teachers who instruct after school clubs; and the PTA has offered a
sign language club, a creative arts club, a marionnette club, a Brownie
Chapter, Chapter I homework club, and a chess.club. She pointed out
the PTA sees a need next year for Virginia Heights, along with other
schools, to offer more after school programs which can be accomplished
through additional funds from the PTA and allocation of additional
funds for the school budget. She advised that Virginia Heights would
like for the swinming program to be offered next year, not only at
their school, but at other schools as well.
Ms. Pat Willis, 5044 Bruceton Road, S. W., representing William
Ruffner Junior High School, appeared before Council and advised that
education is defined as the development of knowledge, skill, ability or
character by teaching, training, study or experience. She stated that
the Magnet Program at William Ruffner offers a child individuality, not
just a Social Security number, with teachers who care, and no door is
ever closed by either the administration or the teachers. She asked
that Council not take away the future of our children by declining to
fund items of need.
Ms. Jean Brown, 1302 Greenland Avenue, N. W., Second Vice
President, Westside Elementary School PTA, appeared before Council in
support of the full day kindergarten program, advising that the foun-
dation which is laid in a child's early stages of development is vital
to their progress in later years. She stated that the Roanoke County
schools have had an advantage over City schools inasmuch as the County
has already recognized the importance of all day kindergarten and has
already implemented all day sessions in their programs. She advised
that with all day kindergarten and the proper developmental tools
needed for today's teaching program, it would be hoped to see an impro-
vement on future test scores.
Ms. Charlene Johnson 110 Frances Drive, N. W., representing
Addision Junior High School, appeared before Council and expressed
appreciation for the assistance given to Addison in the past. She
called attention to a program known as the A-Team that is designed to
render assistance to students who have failed portions of the Passport
Examination which deals with mathematics, reading and English. In
order to get back to basic, she stated that support of the school
budget is important.
The Mayor asked if there were other persons present who would
like to be heard. There being none, the Mayor declared the public
hearing adjourned at 9:30 p.m.
City Clerk
APPROVED
Mayor
127
REGULAR WEEKLY SESSIO~ ROANOKE CITY COUNCIL
Hay 1, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 1, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T. Fitzpatrick,
Jr., Robert A. Garland, Howard E. Musser, James O. Trout, David A. Bowers and
Mayor Noel C. Taylor ...... 7.
ABSENT: None ...... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Jerry O. Campbell,
Senior Pastor, Greene Memorial United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-YOUTH: The Mayor advised that each year
the City of Roanoke observes Student Government Day which is designed
to give seniors in the Roanoke City Schools an opportunity to inner act
with City government elected officials and administrative personnel.
He further advised that the following students had participated in day
long activities in order to learn how their City government serves:
Brian Argabrtght
IngridAyton
Michelle Borzotra
Meagan Bradford
Whitney Bradshaw
Pam Brown
Eason Bryant
Peter Buchanan
Garrett Burnett
Hunter Burrow
Charles Calloway
Tanya Claytor
Scott Dawyot
Russ Decker
Edgar Dede
Randy Dillard
Klm Donahue
Grace Donato
Teena Forrest
Melanie Foutz
Stephanie Edwards
Aaron Ewert
Cheryl Hamilton
Adrian Hancock
Andy Henritz
Leah Horne
Dutchte Hughes
Mollie Ingram
Rob Jamison
Jeff King
Ernie Maddy
Ronnie Mitchell
Allen Pannell
Nicole Parks
Meltnda Perna
Tim Peters
Jim Potndexter
Bill Ragin
Vonzella Robinson
Lara Sanders
Jodi Sisler
Billy Slusher
Joey Stanley
Cindy Stephenson
Trey Stephenson
Amy Tan
Chris Tota
Glen Underwood
Jeff Walls
Billy Wingo
Pat Worley
Jennifer Wright
The Mayor announced that Student Government Day is sponsored by
the City's Office on Youth, the Youth Services Citizen Board and the
Youth Advisory Committee.
128'
The Mayor advised that each year during Student Government Day,
Council has the pleasure of recognizing a student who has made signifi-
cant contributions to the City of Roanoke, and the Youth Advisory
Committee and stated that it gave him great pleasure to announce that
Ms. Nikki Samuels had been designated as "1989 Student of the Year".
On behalf of the Members of City Council, Elected and Administra-
tive officials, the Mayor presented Ms. Samuels with the highest gift
the City has to offer, the Key to the City of Roanoke.
The Mayor further advised that a pewter cup would be presented to
Mr. Dominic Breakfield, a senior at Patrick Henry High School, who also
served as a member of the Youth Advisory Committee of the Youth
Services Citizen Board.
At 2:10 p.m., the Mayor declared the meeting in recess.
At 2:30 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
ACTION:
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss a personnel
matter.
PENDING LIST: A list of items pending from July 10, 1978, through
April 24, 1989, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
n~)tion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .......... 7.
NAYS: None .......
-0.
ROANOKE ARTS COMMISSION: A report of qualification of Harriett M.
Stokes as a member of the Roanoke Arts Commission, to fill the unex-
pired term of W. L. Whitwell, resigned, ending June 30, 1991, was
before Council.
(See Oath o:- Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ........ --7.
NAYS: None .........
.0.
ROANOKE ARTS COMMISSION: A report of qualification of Mimi
Hodgins as a member of the Roanoke Arts Comnission, to fill the unex-
pired term of The Reverend Timothy W. Ashton, resigned, ending June 30,
1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ........ 7.
NAYS: None ....... -0.
ACTION:
129
COUNCIL: A communication from Council Member David A. Bowers
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al I1), Code of Virginia 11950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
Member Bowers to convene in Executive Session to discuss a personnel
matter, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ............ 7.
NAYS: None ....... O.
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HOUSING-PLANNING-ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING
COMMITTEE: A communication from Ms. Rosa Miller, representing the
Northwest Neighborhood Improvement Council, to present a petition
requesting Council's assistance in cleaning up areas of blight in the
vicinity of Harrison Avenue from Gainsboro Road to 8th Street, as well
as Fairfax Avenue from 5th Street to 12th Street, Madison Avenue from
5th Street to loth Street and McDowell Avenue from 5th Street to loth
Street, N. W., was before the body.
(For full text, see communication and petition on file in the City
Clerk's Office. )
The City Manager advised that staff of the Roanoke Neighborhood
Partnership had been in contact with Ms. Miller and pointed out that
the Northwest Improvement Council was not aware of certain programs
initiated by the City to deal with the concerns which were expressed.
He explained that the Roanoke Neighborhood Partnership Coordinator met
with Ms. Miller during the past week and Ms. Miller agreed to channel
her concerns through established procedures and would therefore appear
before Council at some later date if she felt that her concerns had not
been appropriately addressed by City staff.
Mr. Trout moved that the matter be received and filed. The motion
was seconded by Mr. Garland and unanimously adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-YOUTH: The City Manager submitted a written report
advising that a grant for the Office on Youth was first officially
awarded to the City under the Virginia Delinquency Prevention and Youth
Development Act on June 17, 1980; that the grant budget is for a twelve
month period, beginning July 1, 1989, through June 30, 1990; and the
grant provides for the continuation of coordinated planning and program
implementation for the Office on Youth.
It was explained that the total grant budget is $51,707.00; and
funding for the local cash match, in the amount of $10,000.00, has been
included in the fiscal year 1989-g0 Community Planning Budget, Account
No. 001-052-8110-9536.
130
ACTION:
The City Manager recommended that he, along with the Director of
Finance, be authorized to execute and forward the grant application to
the Department of Corrections, and, if awarded, the grant will be pre-
sented to Council for acceptance and funds appropriation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#29532) A RESOLUTION authorizing the acceptance of a Delinquency
Prevention and Youth Development Act Grant made to the City of Roanoke
by the Con~nonwealth of Virginia Department of Corrections and
authorizing the acceptance, execution and filing of the "Special
Conditions" with the Department of Corrections for this grant for the
purpose of continuing coordinated planning and youth services program
implementation by the City's Office on Youth until June 30, lg90.
(For full text of Resolution, see Resolution Book No. 51, page 174.)
Mr. Fitzpatrick moved the adoption of Resolution No. 2g$32. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....... -7.
NAYS: None .......... .0.
HOUSING-GRANTS: The City Manager submitted a written report
advising that the Rental Rehabilitation Program is a cooperative
program among the Department of Housing and Urban Development
the City, and the Roanoke Redevelopment and Rousing Authority (RRRA) to
encourage rehabilitation of privately-owned rental property in targeted
neighborhoods; that the City of Roanoke received its 1988 Program allo-
cation, in the amount of $142,000.00 from HUD in August, 198B; and the
program provided for the following:
Funds from HUD would be loaned tO property owners
to pay one-third of rehabilitation costs, as a no-
interest loan, to be repaid in one lump sum after
ten years; and
The balance of rehabilitation costs would be loaned
to property-owners by the RRHA, from a $350,000.00
loan made to the RRRA by the Virginia Rousing
Development Authority (VRDA) at seven per cent for
ten years.
It was further advised that detailed provisions of the
$350,000.00 loan from the Virginia Housing Development Authority (VHDA)
to the Rousing Authority were determined to be unacceptable to admi-
nistrative staff of the City and the Rousing Authority; that nego-
tiations with VHDA did not produce acceptable terms for the loan until
recently; and the general agreement with VHDA has now been reached and
provides the following:
VRDA will set $350,000.00 aside for use in conjunc-
tion with Roanoke's HUD-funded Rental Rehabilita-
tion Program;
VHDA will loan its funds directly to property
owners for rehabilitation and possibly acquisition
or refinancing under the Program. Therefore, the
Rousing Authority and the City are not borrowing or
lending the funds and are not accountable for them.
However; the Housing Authority and the City will
select properties to receive loans with VHDA's
approval, and will package VHDA loan applications,
oversee rehabilitation, and generally administer
the Program; and
VHDA will service its own loans, i.e. receive
payments, keep its own accounting, be responsible
for delinquencies and defaults, etc.
131
Mr. Herbert explained that technically, Roanoke's Rental Rehabili-
tation Program will consist of the loans for one-third of rehabilita-
tion costs, from HUD funds, with the applying property-owner taking
responsibility for matching with other financing; that most property
owners are expected to take advantage of the attractive terms of VHDA's
supplemental loans, which will enhance dramatically the rehab feasibi-
lity of many projects, while enabling the City/Housing Authority loans
to be repaid after ten years; and execution of a Memorandum of
Understanding with the Housing Authority is necessary to specify the
arrangements between that agency and the City for implementation of the
Program.
The City Manager recommended that he be authorized to execute the
Memorandum of Understanding with the Roanoke Redevelopment and Housing
Authority for administration of the 1988 Rental Rehabilitation Program,
subject to approval by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#29533) AN ORDINANCE authorizing the execution of a Memorandum
of Understanding with the City of Roanoke Redevelopment and Housing
Authority pertaining to the administration of a Rental Rehabilitation
Program; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 174.)
ACTION: Mr. Bowers moved the adoption of Ordinance No. 29533. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ......... 7.
NAYS: None .... O.
HOUSING: The City Manager submitted a written report advising
that the Rental Rehabilitation Program is a cooperative program among
the Department of Housing and Urban Development (HUD), the City, and
the Roanoke Redevelopment and Housing Authority (RRHA), to encourage
rehabilitation of privately-owned rental property in targeted neigh-
borhoods; that HUD Program funds pay a portion of the rehabilitation
cost of substandard houses, with the balance of the rehabilitation paid
from other sources; that Roanoke's allocations from HUD for the pre-
vious five years of the Rental Rehabilitation Program totalled
$671,300.00 for rehabilitation subsidies; that the allocations will
have provided renovation to approximately 131 dwelling units in
approximately 70 buildings at a cost of approximately $2,161,000.00
(combined public and private funds); and the City's program designs
have varied over recent years, depending on available financing for the
non-HUD funded rehabilitation.
It was further advised that the City's 1989 Program allocation
from HUD is $106,000.00; that the City's application for the 1989
Program funds has been approved by HUD, in which the City must execute
the grant agreement with HUD in order to accept the funds; and a
Memorandum of Understanding with the Roanoke Redevelopment and Housing
Authority for administration of the 19B9 Program will be required, but
is not necessary until arrangements are made for supplemental financing
from the Virginia Housing Partnership Fund.
The City Manager recon~nended that he be authorized to execute a
grant agreement with HUD accepting 1989 Rental Rehabilitation Program
funds, subject to approval by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#29534) AN ORDINANCE accepting a Rental Rehabilitation Program
Grant from the United States Department of Housing and Urban
Development, authorizing the execution of the requisite grant agreement
and HUD Funding Approval Form; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 257.)
132
^CTIO~:
Mr. Bowers moved the adoption of Ordinance No. 29534. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ................... 7.
NAYS: None ........ O.
DIRECTOR OF FINANCE:
PENSIONS: The Director of Finance and the City Manager submitted a
joint written report advising that certain members of the City of
Roanoke Pension Plan have not received a permanent cost-of-living
adjustment (COLA) since July 1, 1987, pursuant to Ordinance No. 28641,
adopted on May 11, 1987, which provided that supplemental benefits be
given as a permanent cost-of-living payment effective July 1, 1987, and
a lump sum payment as of July 1, 1988; that certain retirees have
requested that future cost-of-living adjustments be made permanent as
they felt that a one-time payment is good for one year but does not
help them for future years; and other retirees prefer the one-time
payments which provide them with a lump sum that could be spent for
major purchases or they have the alternative of budgeting the amount
over the twelve month period.
The Director of Finance and the City Manager recommended, effec-
tive July 1, 1989, and payable July 31, 1989, that a three per cent
permanent increase be made to a member's or surviving spouse's annual
retirement allowance who meets the following criteria:
Any member retired under nommal service with at
least ten years of creditable service; or
Any member vested on non-occupational disability
with at least ten years of creditable service or
any member retired on occupational disability,
regardless of service; or
Any member retired under early service retirement,
vested service retirement; or
Any surviving spouse of a member who was entitled
to a benefit, provided that the deceased member
would have qualified under the above, or
Any member retired under Chapter 2, Police and Fire
Pensions prior to January 1, 1946, or the surviving
spouse of ar~y such member.
It was explained that on January 25, 1989, Mr. Ralph J. Akers, a
former City employee, addressed the Board of Trustees for the City's
Pension Plan and requested that those retirees on non-occupational
disability with less than ten years of creditable service be included
in any cost-of-living raise provided to retirees by Council.
Mr. Herbert and Mr. Schlanger advised that they strongly believed
that a member of the System must have at least ten years of service to
be eligible for any adjustments in their pension, which policy has been
followed for over eight years and has proven to be the most effective
method.
It was stated that out of a total number of 960 persons receiving
benefits as of April 30, 1988, 836 general employees, or 87 per cent,
would be eligible for this increase under the above guidelines; that
the total annual increase in retirement allowances would be
$122,360.00, or an average annual retirement allowance increase of
$146.00; and a three per cent cost-of-living adjustment is estimated to
cost $ggO,O00.O0 funded actuarially over 20 years.
The City Manager and Director of Finance further recommended that
a one-time lump sum payment of $250,000.00 be paid directly into the
Pension Plan from any year end balances prior to determination of the
Capital Maintenance Improvement and Equipment Replacement Program Fund
(CMERP) at the end of fiscal year 1989 in order to partially address
!)
ACTION:
ACTION:
133
funding of the permanent cost-of-living adjustments for eligible mem-
bers beginning July 1, 1989; that for the fiscal year beginning July 1,
1990, a three per cent lump sum payment be made on ~luly 31, 1990, to
certain members of the City of Roanoke Fension Plan who meet the above
criteria; and the three per cent lump sum payment will be based on the
retiree's new monthly benefit, effective July 1, 1989. It was
explained that the increase would cost approximately $128,000.00 and
would be funded from any year end balance at the end of fiscal year
1990 before any CMERP funds are designated.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the recommendation. The
motion was seconded by Mr. Garland and unanimously adopted.
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS: Council Member Robert A. Garland,
Chairman of a bid committee appointed by the Mayor to tabulate bids
received for repairs and improvements to alum tanks at the Water
Pollution Control Plant, presented a written report on behalf of the
committee recommending that the City Manager be authorized to enter
into a contract with Structures and Utilities Company, Inc., in the
amount of $44,500.00, and 90 consecutive calendar days to reline two
chemical storage tanks at the Water Pollution Control Plant, in accor-
dance wi th requirements of contract documents prepared by Clean Water
Engineers; and that the Director of Finance be authorized to
appropriate $49,000.00 from Water Pollution Control Plant, Account No.
003-056-3155-2050, to Maintenance of Buildings and Property ($44,500.00
contract amount and $4,500.00 project contingency), and establish a
capital account for the project entitled "Alum Tank Repairs - WPCP".
The City Manager submitted a written report concurring the recom-
mendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29535) AN ORDINANCE accepting the bid of Structures & Utilities
Co., Inc., for necessary repairs and improvements to Alum Tanks at the
Water Pollution Control Plant upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 175.)
Mr. Garland moved the adoption of Ordinance No. 29535. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .................... 7.
NAYS: None .......................
Oe
BUDGET-SEWERS AND STORM DRAINS: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, advising that Council approved funds
in the fiscal year 1988-89 budget, in the amount of $25,000.00 for
Water Fund Account No. 002-056-2170-2022, Water Purification-Electric,
which was an estimate of funds needed to cover the electric costs for
operating Carvins Cove Filter Plant, Falling Creek Filter Plant and
Carvins Cove Low Lift Pump Station.
A staff report explained that raw water normally flows by gravity
from the Carvtns Cove Reservoir Dam to the Carvins Cove Filter Plant
when the reservoir is full; that raw water must be pumped by the Low
Lift Pump Station when the water level drops four to eight feet below
the spillway dependent upon seasonal demand; that in many years the low
lift pumps are never used; and drought conditions starting in early
1988 caused the level of the reservoir to drop and required the opera-
tion of the low lift pump station continuously on a twenty-four hour a
day basis from July 7, 1988, to the present.
134
ACTION:
ACTION:
It was further explained that the April 7, 1989, financial status
of the Water Fund Account Water Purification-Electric showed expen-
ditures of $45,999.82 for an over-expenditure of $20,999.82; that the
over-expenditure resulted from the requirement to operate the Carvins
Cove Low Lift Pump Station continuously since July 7, 1988; and
appropriation of $38,000.00 from Water Fund Retained Earnings is needed
to cover the over-expenditure and to provide necessary funds for the
Water Purification-Electric Account No. 002-056-2170-2022 through
June 30, 1989, based on the best available estimate of electric costs.
The Water Resources Committee recon~mended that Council authorize
appropriation of $38,000.00 from Water Fund Retained Earnings to the
Water Department Account No. 002-056-2170-2022.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29536) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 175.)
Mrs. Bowles moved the adoption of Ordinance No. 29536. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....... -7.
NAYS: None ......... -0.
SALE/PURCHASE OF PROPERTY: Council Member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the Committee advising that the City of Roanoke, in con-
junction with the widening project for Plantation Road, N. E., acquired
property described as Official Tax No. 3040712, on July 10, 1985; and a
30 foot by 130 foot westerly portion of the lot is in excess of the
City's need for a 10 foot by 130 foot strip, with a 25 foot radius on
the corner along Plantation Road.
A staff report explained that Executone Communications, Inc., is
purchasing five adjoining lots which face Mohawk Avenue, N. E.; that
Executone Communications desires to have a Plantation Road, N. E.,
address, but City property lying between their property and the
street prevents the use of that address; that Executone Communications
has offered $2,500.00 for the surplus portion of the City-owned lot;
that the City originally paid $3,500.00 for the lot, which had an
assessed value of $3,500.00; and due to retention of approximately one-
third of the lot for street widening purposes, the $2,500.00 offer is
adequate.
The Water Resources Committee recon~mnded that Council sell the
western most approximate 30 foot by 130 foot portion of Lot 12, Block
32, Deanwood Terrace, to Executone Communications, Inc., for $2,500.00,
with the purchaser providing all legal documentation necessary to
accomplish title transfer, subject to approval by the City AttoYney,
and all expenses of sale shall be borne by the purchaser.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29537) AN ORDINANCE providing for the sale and conveyance of a
certain parcel of land owned by the City situate on the southwest
corner of Plantation Road and Mohawk Avenue, N. E and bearing
Official Tax No. 3040712. "
(For full text of Ordinance, see Ordinance Book No. 51, page 177.)
vote:The motion was seconded by Mr. Bowers and adopted by the following
135
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....................... 7.
NAYS: None ..... O.
SEWERS AND STORM DRAINS: Council Member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee advising that a drainage problem has existed
for years in a low area on Nelms Lane at the intersection of Malvern
Road; that the location is west of Willtamson Road at the Roanoke cor-
porate limits in Roanoke County; and the City of Roanoke owns and
maintains a storm drain system on Wtlliamson Road and Hildebrand
Avenue, N. W., which was built by developers of Crossroads Mall and
drains the area to Tinker Creek.
A staff report explained that the Virginia Department of Trans-
portation (VDOT) recognized the undesirable situation at the Nelms Lane
and Malvern Road intersection and proposed a storm sewer extension from
the City's system to drain the low area; and Roanoke County has
requested permission to connect to the City's drainage facilities in
order to implement the proposal.
The Water Resources Committee reco~nended that Council authorize
the City Manager to enter into an agreement, subject to approval by the
City Attorney, between the City of Roanoke, Roanoke County, and the
Virginia Department of Transportation for storm drainage improvements
in the vicinity of Williamson Road and Nelms Lane, N. W.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29538) AN ORDINANCE authorizing the appropriate City officials
to enter into an agreement allowing Roanoke County to connect to the
City's storm drainage system near the intersection of Williamson Road
and Hildebrand Avenue, upon certain terms and conditions and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 177.)
ACTION: Mrs. Bowles moved the adoption of Ordinance No. 29538. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Mu~ser,
Trout, Bowers and Mayor Taylor ............. 7.
NAYS: None ......... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE,
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 2:45 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
136
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 8, 1989
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 8, 1989, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Robert A.
Garland, Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowles
and Mayor Noel C. Taylor ............. 7.
ABSENT: Hone ...........
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Kenneth K.
Patrick, Pastor, West End United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of A.merica
was led by Mayor Taylor.
SCHOOLS: The Mayor advised that on July 1, 1989, the three year
terms of Messrs. Edwin R. Feinour and Donald Bartol as members of the
Roanoke City School Board would expire, and called for nominations to
fill the vacancies.
Mr. Trout placed in nomination the name of Guy W. Byrd, Jr.
Mrs. Bowles placed in nomination the name of Thomas L. Orr.
Mr. Bowers placed in nomination the name of Donald Bartol.
The Chair advised that he would not entertain the nomination of
Mr. Bartol inasmuch as he was not one of the finalists under con-
sideration; however, he would be pleased to entertain other nomina-
tions.
Mr. Garland placed in nomination the name of Finn D. Pincus.
The Mayor inquired if there were further nominations. There being
none, Mr. Trout moved that the nominations be closed. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowles and
Mayor Taylor .......................................... 5.
NAYS: Council Member Bowers
(Council Member Musser was not present when the vote was recorded.)
Pursuant to the following roll call vote, Messrs. Guy W. Byrd,
Jr., and Thomas L. Orr were elected as Trustees of the Roanoke City
School Board:
FOR MR. BYRD:: Council Members Fitzpatrick, Garland, Trout,
Bowles and Mayor Taylor ...................
FOR MR. ORR: Council Members Fitzpatrick, Trout, Bowers, Bowles
and Mayor Taylor ........................
FOR MR. BARTOL: Council Member Bowers
FOR MR. PINCUS: Council Member Garland
(Council Member Musser was not present when the vote was recorded.)
The Chair declared Messrs. Guy W. Byrd, Jr., and Thomas L. Orr as
newly elected Trustees of the Roanoke City School Board for terms of
three years, each, commencing July 1, 1989, and ending June 30, 1992.
137
ACTION:
ACTION:
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for construction of Williamson Road Storm Drain, Phase 2, Contract
ID, Stormwater Retention Basin, said bids to be received by the City
Clerk until 4:30 p.m., on Monday, May 8, 1989, and to be held, opened
and read before the Council at 7:30 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
BIDDER
BASE BID TOTAL
H. T. Bowling, Inc.
Haymes Brothers, Inc.
Prillaman & Pace, Inc.
Robertson Construction Company, Inc.
R. S. Jones & Associates, Inc.
Allegheny Construction Company, Inc.
Branch Highways, Inc.
$527,233.00
637,912.00
642,952.00
679,932.00
693,817.00
778,751.00
802,889.00
Mr. Musser moved that the bids be referred to a con~nittee to be
appointed by the Mayor for tabulation, report and recon~nendation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as members of the con~nittee.
m)
ACTION:
PUBLIC HEARINGS:
ELECTIONS-REGISTRAR: Pursuant to action taken by Council on
Monday, April 3, 1989, the City Clerk having advertised a public
hearing for Monday, May 8, 1989, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the proposed temporary relocation of the
polling place for Williamson Road Precinct No. 1 from Oakland
Elementary School to Huntington Court United Methodist Church
Fellowship Hall, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, April 21,
1989, and Friday, April 28, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29539) AN ORDINANCE temporarily changing the polling place for
Williamson Road Precinct No. i from Oakland Elementary School to the
Huntington Court United Methodist Church Fellowship Hall; providing for
an emergency and an expiration date for this ordinance.
(For full text of Ordinance, see Ordinance Book No. 51, page 178.)
Mrs. Bowles moved the adoption of Ordinance No. 29539. The motion
was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to
address Council with regard to the temporary relocation of the polling
place. There being none, Ordinance No. 2953g was adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ....... 7.
NAYS: None-- O.
ACTION:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, May 8, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Walker Machine
and Foundry Corporation, that a portion of Irvine Street, S. W.,
extending in a northerly direction from its intersection with the
northerly line of Penn Street to property of the Norfolk-Southern
Corporation and easterly to its terminus; and a portion of Railroad
Avenue, S. W., extending from its intersection with the westerly side
of Bridge Street to previously vacated Russell Avenue and continuing to
its intersection with Irvine Street, be permanently vacated, discon-
tinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, April 21
1989, and Friday, April 28, 1989. '
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, subject to the following conditions, was before
Council.
That the applicant agree to have prepared a proper
subdivision plat for submittal to the City for
review, approval and recordation, integrating the
vacated rights-of-way of Irvine Street, S. W.,
Russell Avenue, S. W., and Railroad Avenue, S. W.,
as respectively described herein, in a manner that
will avoid the creation of any landlocked parcel.
That the applicant agree to provide and record the
above-mentioned subdivision plat within a period of
one year from the date of any ordinance adopted by
Council providing for the subject closure. In the
event that the above plat is not submitted within
the specified one year period, the subject ordi-
nance shall become null and void without any
further action required of Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29540) AN ORDINANCE permanently vacating, discontinuing and
closing certain public rights-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 195.)
The motion was seconded by Mr. Trout.
Mr. Frank K. Saunders, Attorney, appeared before Council in sup-
port of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none,
Ordinance No. 29540 was adopted, on its first reading, by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None ........ -0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, May 8, 1989, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Mr. George A. Preas that a
tract of land lying on Grandview Avenue, N. W., between Empress Drive
and Marr Street, designated as Official Tax No. 2270223, be rezoned
from RS-3, Residential Single Family District, to C-1, Office District,
subject to certain conditions proffered by the petitioner, the matter
was before the body.
mi
I)
ACTIOn:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, April 21,
1989, and Friday, April 28, 1989'.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to permit the construction of a
building for general/professional and medical office use, was before
Council.
The Planning Commission recommended that the request for rezonlng
be approved, advising that the proposed use of the property is reaso-
nable given the amount of commercial use already occurring in the
neighborhood. It was further advised that the development will
encourage appropriate infill development that is sensitive to the
existing neighborhood environment as set forth in the comprehensive
plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29541) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 227, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 196.)
The motion was seconded by Mr. Garland.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29541 was adopted, on its first reading, by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None ..............
O®
ZONING-ARCHITECTURAL REVIEW BOARD: Pursuant to Resolution No.
25523 adopted by the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday, May 8, 1989, at 7:30
p.m., or as soon thereafter as the matter may be heard, on the request
of the City of Roanoke that four parcels of land located at 118 - 124
Campbell Avenue, S. W., designated as Official Tax Nos. 1011509 -
1011512, respectively, be designated as H-l, Nistoric District, the
matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, April 21,
1989, and Friday, April 28, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~ission reconmmnding that the
request be approved, advising that the structures proposed for inclu-
sion in the H-1 district are significant architectural and historical
elements in downtown; and adverse alteration or loss of any one of the
structures would be detrimental to the limited inventory of buildings
remaining in downtown, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
13g
140
ACTION:
ACTION:
(#29542) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 101, Sectional 1976 Zone Map,
City of Roanoke, to designate certain property within the downtown area
of the City as H-l, Historic District.
(For full text of Ordinance, see Ordinance Book No. 51, page 197.)
The motion was seconded by Mr. Trout.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none,
Ordinance No. 29542 was adopted, on its first reading, by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...................................... 7.
NAYS: None ....... -0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, May 8, 1989, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of COVA Corporation (UPS), that
two tracts of land containing 13.15 and 0.46 acres, respectively,
located on the westerly side of Virginia Secondary Route No. 626, being
4056 and 4114 Thirlane Road, N. W., designated as Official Tax Nos.
6510101 and 6510102, be rezoned from RA, Residential Agricultural
District, to LM, Light Manufacturing District, subject to certain con-
ditions proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-New~ on Friday, April 21
1989, and Friday, April 28, 1989. '
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to permit the construction of a distri-
bution center and central sort operation facility, as well as parking,
storm water detention structures, and necessary road re-alignment, was
before Council.
The Planning Commission recommended that the request for rezoning
be approved, advising that the proposed rezontng addresses development
strategies outlined in the comprehensive plan and is reasonable given
the amount of undeveloped LM, Light Manufacturing properties existing
in the immediate area.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29543) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 641, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 198.)
The motion was seconded by Mr. Fitzpatrick.
Mr. James F. Douthat, Attorney, appeared before Council in support
of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29543 was adopted, on its first reading, by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ....... --7.
NAYS: None ....... -0.
ACTION:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Honday, April 6, 1981, the City Clerk having advertised a publtc
hearing for Honday, Nay 8, 1989, at 7:30 p.m., or' as soon thereafter as
the matter may be heard, on the request of ~unger Development Company,
a Virginia Corporation, to change the proffered conditions in connec-
tton with the conditional rezontng of a tract of land containing 12.37
acres, more or less, lytng on the north side of Grandtn Road £xtenston,
west of Atrvte~ Road, S. W., whtch tract was Originally identified as
Official Tax Nos. 5090203 and 5090204, the matter was before the body.
Legal advertisement of the public hearing was published tn the
morning editions of the Roanoke Times & World-Newt on Friday, April 21,
1989, and Friday, April ~8, 1989.
(See publisher's affidavit on file in the City Clerk's Offlce.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to permit the construction of 192
stngle family attached d~elling units (condomtnums), was before
Council.
The Planntng Co~nission recon~nended that Council approve the
request to amend the conditions proffered tn Ordinance No. 28603,
thereby accepting and approving the amended conditions cited tn the
applicant's third amended petition, as follows:
A vegetative buffer of forty (40) feet and a t~enty
(20) foot butldtng setback from said buffer (total
60 feet) w111 be retained by the owner/developer at
the rear of all t~o-story townhouse units to be
constructed along the northerly property line.
A vegetative buffer of thirty (30) feet will be
retained within a combined total building line set-
back of forty-five (45) feet from said northerly
property line at the rear of all one-story
to~nhouse units to be constructed along the subject
property line.
All trees existing within the vegetative buffers
and setbacks ~tll be maintained by the applicant
for a period of t~vo years from the date of the
issuance of building permits for the construction
of adjacent residences. All trees within the set-
back or vegetative buffer areas that are damaged
during construction or that die within the two year
period shall be replaced by the applicant.
All other conditions Proffered as a part of
Ordinance No. 28603 to remain in effect as prof-
fered.
(For full text, see report on file In the Ctty Clerk's office.)
Hr. Trout moved that the following Ordinance be p]aced upon its
first reading:
~:. (#29544) AN OROINRNCE to amend §36.[-3 and 36.[-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 50g,'Secttonal 1976
Zone Map, City of Roanoke, in order to amend certain conditions pre-
sently binding upon certain property prevfously conditionally rezoned
RG-1, General Residential District (now RM-2,-Multt-family, Medium
Density Otstrict).
(For full'text of Ordinance, see Ordinance Book No, 5[, Page'[gg.) ' 'The motion was seconded by Mr. Bo~ers. ~'
Mr. Charies H. Osterhoudt, Attorney, appeared before Council fn
support of the request of hfs client.
142
The Mayor inquired if there were persons present who would like to
address Council with regard to the amendments to the proffered con-
dttions. There being none, Ordinance No. 29544 was adopted, on its
first reading, by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...................................... 7.
NAYS: None ....... O.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... .7.
NAYS: None ..........
Om
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY' SHERIFF-CITY JAIL: The City Manager submitted a written
report advising that an addition to the jail, which was the completion
of the fourth portion, and a request for reimbursement for the project
was approved, pursuant to Ordinance No. 27619 on July 22, 1987; that
the work was completed at a total cost of $813,000.00 and the City was
reimbursed in the amount of $406,047.90 by the Conmmnwealth of Virginia
Department of Corrections; that due to overcrowding, six (6) tables
and thirty (30) bunks are being added to the main floor level in each
of the existing six day rooms and thirty cells on the third floor
level; and pursuant to Ordinance No. 29510, adopted on April 3, 1989, a
contract was awarded to Security Detention Equipment, Inc., to perform
the fabrication and installation, in the total amount of $7,646.00 and
24 consecutive calendar days.
It was further advised that reimbursement of project costs by the
State Board of Corrections is possible for all approved jail construc-
tion, enlargement or renovation projects at a rate of fifty per cent of
the project cost; and reimbursement must be requested via local resolu-
tion indicating approval of the jail expansion project by Council.
143
ACTION:
ACTZON:
The City Manager recommended that Counctl adopt a measure
requesting reimbursement by the State Board of Corrections, in the
amount of $3,823.00, for the fabrication and installation of six (6)
tables and thirty (30) bunks to relieve overcrowding conditions in the
City Jail.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#29545) A RESOLUTION approving a project involving the fabrica-
tion and installation of six (6) tables and thirty (30) bunks in the
City Jail to add inmate capacity and relieve overcrowding; and
requesting reimbursement of' one-half of the project costs from the
State Department of Corrections.
(For full text of Resolution, see Resolution Book No. 51, page 179.)
Mr. Garland moved the adoption of Resolution No. 29545. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor-- 7.
NAYS: None---
.0.
BUDGET-STREETS AND ALLEYS: The City Manager submitted a written
report advising that United Parcel Service (U.P.S.) plans to locate a
facility on a 50+ acre site located along Thirlane Road, N. W.,
requiring approxim~ely 1.6 miles of realignment and reconstruction of
the road; and engineering design services for the roadway and related
utilities are needed.
It was further advised that Engineering Services Qualification
Proposals for the project were publicly advertised on February 19,
1987, and seven proposals were received on March 10; that interviews
were held with all seven firms; that negotiations were conducted with
the engineering fine felt to be the most qualified, Hayes, Seay,
Mattern & Mattern, Inc., for project requirements; and scope of work to
be performed includes storm drain design, sanitary sewer and water
facilities, street improvements, landscaping topographic surveys, and
plats.
The City Manager recommended that Council award an engineering
services contract, subject to approval by the City Attorney, to Hayes,
Seay, Mattern & Mattern, Inc., in an amount not to exceed $176,000.00;
and that funds for the contract be transferred to an account to be
established by the Director of Finance, in the amount of $176,000.00,
from Capital Improvement Reserve (Economic Development), Account No.
008-052-9575-9178.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29546)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 180.)
Mr. Trout moved the adoption of Ordinance No. 29546. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor- 7.
NAYS: None---
Oe
Mr. Trout offered the following emergency Ordinance:
1'4-4'
ACTION:
(#29547) AN ORDINANCE authorizing the execution of a contract
with Hayes, Seay, Mattern & Mattern, Inc., to provide engineering ser-
vices in connection with realignment and reconstruction of Thirlane
Road, N. W.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 180.)
Mr. Trout moved the adoption of Ordinance No. 29547. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... .7.
NAYS: None .........
-0.
BUDGET-VICTORY STADIUM-EQUIPMENT-PARKS AND PLAYGROUNDS: The City
Manager submitted a written report concurring in a report of a bid
con~nittee with regard to aluminum seating planks at Victory Stadium, as
well as vans and utility type vehicles.
The bid committee recommended that Council authorize the
following:
Accept the lowest bid for aluminum seating planks,
as submitted by Outdoor Aluminum, in the total
amount of $16,659.22.
Transfer $16,659.22 from Fixed Asset Contingency to
Building Maintenance, Account No. 001-052-4330-3056
to provide for the purchase of aluminum seating
planks.
Accept the lowest bids for vans and utility type
vehicles, as follows:
I - new 4-wheel drive utility type emergency
medical vehicle from Berglund Chevrolet, Inc.,
in the total amount of $17,246.75.
2 - new cargo vans for Building Maintenance
from Allred Chevrolet, Inc., in the total
amount of $22,358.00.
I - new 15 passenger van from World of Ford
Sales, in the total amount of $15,640.00.
Appropriate $55,244.75 from the Capital Maintenance
and Equipment Replacement Program account to the
following department accounts:
Emergency Services
001-050-3520-9010
$17,246.75
Building Maintenance
001-052-4330-9010
$22,358.00
Parks & Recreation
001-050-7110-7010
$15,640.00
Appropriate $17,477.00 from the Capital Maintenance
and Equipment Replacement Program account to speci-
fic accounts, as follows:
Con~nuntcations Department
001-052-4130-2010
$ 2,415.00
Fire Department
001-050-3213-9015
7,585.00
Health Department
001-054-5110-9015
3,000.00
Planning Department
001-052-8110-9015
4,477.00
Total $17,477.00
1,45
!]
ACTION:
Authorize the transfer of $95,459.00 from Fixed
Asset Contingency to Building Maintenance, Account
No. 001-052-4330-3056 to provide for the following:
Air Compressor for Public Works
Columns at Mt. View Rec. Center
Overhead Doors at Public Works
Under Floor Exhaust System
Floor Tile for Fire Station #13
Paint Landings at Parking Garage
Mason Mill Wheel Repair
Change Lights, Mill Mt. Star
Convert Bathroom, Health Department
By-Pass Valve - Con~nunications
Council Conference Room -
Carpet/Repairs
Carpet in Planning Department
Management/Budget, Carpet and
Repairs
Roof Materials/Repairs - National
Guard Armory
Asbestos Removal - Villa Heights
Rec, Center
Repairs - Parking Garage Elevator
Roof Repair - Mt. View Center
New Burner - Fire Station #2
Renovations - Purchasing
Counter Renovation - Treasurer
Furnace - Garden City Center
Renovations - Finance
Alarm System - Eureka Park
$ 5,000.00
4,920.00
5,100.00
1,980.00
1,440.00
3,000.00
8,800.00
2,369.00
8,571.00
1,000.00
3,229.00
5,857.00
3,313.00
14,370.00
6,236.00
5,800.00
1,750.00
2,651.00
1,849.00
1,600.00
1,560.00
2,095.00
2,969.00
TOTAL $95,459.00
Authorize the transfer of $87,881.00 from Fixed
Asset Contingency and $529,819.00 from Equipment
Replacement Contingency to the Capital Maintenance
and Equipment Replacement Program and deappropriate
$617,700.00 from the Capital Maintenance and
Equipment Replacement Program account in accordance
with certain ordinances adopted by the Council to
provide for necessary fund adjustments.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers called attention to three ordinances which were pre-
sently before the Council; viz: an appropriation ordinance encom-
passing funds for the aluminum seating planks as well as funds for
vehicular equipment; and ordinances accepting bids for the vehicle
purchases and the aluminum seating planks. He stated that one of his
clients had submitted a bid on the vehicular equipment and inquired of
the City Attorney if he could vote on the appropriation ordinance
inasmuch as it included funds for both the vehicle purchases, as well
as the aluminum seating planks. The City Attorney advised that Mr.
Bowers should not vote on the appropriation ordinance because it would
represent a conflict of interest inasmuch as the ordinance appropriated
funds for vehicular equipment.
Mr. Bowers requested that any future ordinances pertaining to
vehicular equipment purchases be prepared as separate measures so that
he would not be excluded from the voting process.
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29548)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 181.)
~Mr. Fitzpatrick moved the adoption of Ordinance No. 29548. The
motion was seconded by Mr. Trout and adopted by the following vote:
146
ACTION:
ACTZON:
ACTION:
AYES:
and Mayor Taylor .......
Council Members Fitzpatrick, Garland, Musser, Trout, Bowles
6.
NAYS: None ................
(Council Member Bowers abstained from voting.)
Mr. Garland offered the following emergency Ordinance:
(#29549) AN ORDINANCE providing for the purchase of aluminum
seating planks and hardware for use at Victory Stadium, upon certain
terms and conditions, by accepting a bid made to the City for fur-
nishing and delivering such equipment; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 182.)
Mr. Garland moved the adoption of Ordinance No. 29549. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .......... 7.
NAYS: None ....... -0.
Mr. Trout offered the following emergency Ordinance:
(#29550) AN ORDINANCE accepting bids made for providing certain
vehicles to the City; rejecting other bids; authorizing the purchase of
another vehicle by utilizing the Commonwealth of Virginia's contract
with a certain vendor; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 183.)
Mr. Trout moved the adoption of Ordinance No. 29550. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowles and Mayor Taylor ......... -6.
NAYS: None ........
8
(Council Member Bowers abstained from voting.)
CITY ATTORNEY:
DRUGS-HEALTH DEPARTMENT (MENTAL HEALTH): The City Attorney sub-
mitted a written report advising that at the Council meeting on Monday,
April 10, 1989, Council agreed to appropriate $84,000.00 in Community
Development Block Grant funds toward renovation of the Alcohol
Detoxification and Rehabilitation Center operated by Mental Health
Services of the Roanoke Valley; that Council requested the City Manager
and the City Attorney to prepare a resolution expressing Council's con-
cern over the problem of drug and alcohol abuse in the Roanoke Valley
and urging other local governments in the Valley to join the City in
addressing this problem on a regional basis; whereupon, the City
Attorney presented such measure for Council's consideration.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#29551) A RESOLUTION expressing concern over the problem of drug
and alcohol abuse in the Roanoke Valley area and calling upon the City
of Salem and the Counties of Botetourt and Roanoke, participants along
with the City of Roanoke, in Mental Health Services of the Roanoke
Valley, to recognize and address the immediate need to provide adequate
funding for the renovation of the Mental Health Services of the Roanoke
Valley's Alcohol Detoxification and Rehabilitation Center.
(For full text of Resolution, see Resolution Book No. 51, page 184.)
Hr. Fitzpatrick moved the adoption of Resolution No. 29551. The
motion was seconded by Mr. Musser and adopted by the following vote:
ACTION:
ACTION:
AYES: Counctl Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor--- ~7.
NAYS: None--
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SALE/PURCHASE OF PROPERTY: Ordinance No. 29537 on second reading,
providing for the sale and conveyance of a certain parcel of land owned
by the City situate on the southwest corner of Plantation Road and
Mohawk Avenue, N. E., Official Tax No. 3040712, to Executone
Communications, Inc., for the consideration of $2,500.00, having pre-
viously been before the Council for its first reading on Monday, May 1,
1989, read and adopted on its first reading and laid over, was again
before the body, Mrs. Bowles offering the following for its second
reading and final adoption:
(#29537) AN ORDINANCE providing for the sale and conveyance of a
certain parcel of land owned by the City situate on the southwest
corner of Plantation Road and Mohawk Avenue, N. E. and bearing Official
Tax No. 3040712.
(For full text of Ordinance, see Ordinance Book No. 51, page 177.)
Mrs. Bowles moved the adoption of Ordinance No. 29537. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ..... 7.
NAYS: None--- O.
At 8:10 p.m., the Mayor declared the meeting in recess.
At 8:25 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
BUDGET: A Certificate of the Director of Finance advising that
funds required for the 1989-90 General Fund, Water Fund, Sewage
Treatment Fund, Roanoke Civic Center and Internal Service Fund budgets
will be available for appropriation, was before Council
(For full text, see Certificate on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the Certificate be received and filed.
The motion was seconded by Mr. Garland and unanimously adopted.
Mr. R. H. Graybill, representing Concerned Citizens and Taxpayers
of Roanoke, appeared before Council and presented petitions containing
the names of over 850 citizens which were gathered by six people in
less than two weeks in support of a reduction in the real estate tax
rate. He stated that this number represented only the "tip of the ice-
berg" with reference to the dissatisfaction of property owners over the
recent increase in property assessments and Council's handling of the
requested real estate tax reduction. He advised that the Concerned
Citizens and Taxpayers deeply regret that City Council, with two excep-
tions, did not see fit to consider any reduction in the property tax
rate at this time, and expressed surprise and disappointment at the
manner in which such a request was denied.
According to recent figures, Mr. Graybill explained that a reduc-
tion in the tax rate of five cents would result in under a three per
cent loss of general property tax revenue to the City, and in the total
picture, such a reduction would result in less than nine-tenths of one
per cent being lost. He stated that the organization was aware of the
pressures and demands that have been placed upon City Council for
increased services; however, they could not remain inactive in light of
the lack of any tax rate reductions in the past three years. He
advised that the promise to consider a phased in tax rate reduction in
future years is highly suspect considering the probable continuation of
147
148
ACTION:
ACTION:
ACTION:
steep increases in assessments. Also, he stated that considering
potential future increases in assessments, a five cents reduction would
only add insult to injury. He explained that with a large surplus of
funds, increased collection of delinquent taxes, and increased
assessments, it seemed only fair that the City should return a small
amount of money to a group from whom the City had received a large por-
tion of its revenue -- the property owner. He advised that the 850
names on the petition represented 850 angry and disappointed voters,
and expressed appreciation to Council Members Musser and 8owers for
their support of a five cents reduction in the real estate tax rate.
(See petition on file in the City Clerk's Office.)
BUDGET: Mr. Trout offered the following emergency Ordinance
adopting the annual General Fund Appropriation of the City of Roanoke
for the fiscal year beginning July 1, 1989, and ending June 30, lggO,
in the amount of $140,124,434.00:
(#29552) AN ORDINANCE adopting the annual General Fund Appropria-
tion of the City of Roanoke for the fiscal year beginning July 1, 1989,
and ending June 30, 1990; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 185.)
Mr. Trout moved the adoption of Ordinance No. 29552. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None .................... O.
BUDGET-WATER DEPARTMENT: Mrs. Bowles offered the following
emergency Ordinance adopting the annual Water Fund Appropriation of the
City of Roanoke for the fiscal year beginning July 1, 1989, and ending
June 30, 1990, in the amount of $4,455,366.00:
(#29553) AN ORDINANCE adopting the annual Water Fund Appropria-
tion of the City of Roanoke for the fiscal year beginning July 1, 1989,
and ending June 30, lggO; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 187.)
Mrs. Bowles moved the adoption of Ordinance No. 29553. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ................... 7.
NAYS: None ....................
--0.
BUDGET-SEWERS AND STORM DRAINS: Mr. Fitzpatrick offered the
following emergency Ordinance adopting the annual Sewage Treatment
Fund Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1989, and ending June 30, 1990, in the amount of $6,612,617.00:
(#29554) AN ORDINANCE adopting the annual Sewage Treatment Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 19B9, and ending June 30, 1990; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 188.)
Mr. Fitzptrick moved the adoption of Ordinance No. 29554. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None ................................
O.
BUDGET-CIVIC CENTER: Mr. Bowers offered the following emergency
Ordinance adopting the annual Civic Center Fund Appropriation of the
City of Roanoke for the fiscal year beginning July 1, 1989, and ending
June 30, 1990, in the amount of $1,980,484.00:
149
m
ACTION:
ACTXON:
ACTION:
(#29555) AN ORDINANCE adopting the annual Civic Center Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1989, and ending June 30, lggO; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 189.)
Mr. Bowers moved the adoption of Ordinance No. 29555. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ....... 7.
NAYS: None ............. O.
BUDGET: Mr. Garland offered the following emergency Ordinance
adopting the annual Internal Service Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1989, and ending June 30,
1990, in the amount of $6,590,576.00:
(#29556) AN ORDINANCE adopting the annual Internal Service Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1989, and ending June 30, 1990; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 190.)
Mr. Garland moved the adoption of Ordinance No. 29556. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
B~wers, Bowles and Mayor Taylor ...... 7.
NAYS: None--- O.
PAY PLAN-CITY EMPLOYEES: Mr. Musser offered the following
emergency Ordinance establishing a new Pay Plan for officers and
employees of the City, effective July 1, 1989; providing for merit
increases; authorizing annual salary increments for certain officers
and employees for use of private motor vehicles; repealing Ordinance
No. 29102 adopted May 12, 1988, to the extent of any inconsistency; and
providing for an emergency and an effective date of July 1, 1989:
(#29557) AN ORDINANCE to adopt and establish a new Pay Plan for
officers and employees of the City effective July 1, 1989; providing
for merit increases; authorizing annual salary increments for certain
officers and employees for use of private motor vehicles; repealing
Ordinance No. 29102, adopted May 12, 1988, to the extent of any incon-
sistency; and providing for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 51, page 191.)
Mr. Musser moved the adoption of Ordinance No. 29557. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ..... 7.
NAYS: None---
PENSIONS: Mrs. Bowles offered the following emergency Ordinance
providing for certain supplemental benefits under the City of Roanoke
Pension Plan to certain members of such Plan and certain of their sur-
viving spouses, by providing for a three per cent increase for certain
members of the Plan who retired prior to July 1, 1988, effective
July 1, 1989:
(#29558) AN ORDINANCE providing for certain supplemental benefits
under the City of Roanoke Pension Plan to certain members of such Plan
and certain of their surviving spouses; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 193.)
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No. 29558. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........... _ ......... 7.
NAYS: None .......
,0.
BOARD OF EQUALIZATION: Mrs. Bowles offered the following
emergency Ordinance establishing the per diem rate of $100.00 for mem-
bers of the Board of Equalization of the City of Roanoke:
(#29559) AN ORDINANCE establishing the per diem rate of compen-
sation for the members of the Board of Equalization of the City of
Roanoke; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 194.)
Mrs. Bowles moved the adoption of Ordinance No. 29559. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........ 7.
NAYS: None ........ O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
PARKS AND PLAYGROUNDS-VICTORY STADIUM: Mr. Trout inquired about
the status of the naming of the sports complex, and requested that the
City Manager submit his recommendation to Council as soon as possible.
OTHER HEARINGS OF CITIZENS:
COMMISSIONER OF REVENUE-COMPLAINTS: Mr. Roy E. Abbott, 1118
Winona Avenue, S. W., appeared before Council and expressed concern
that he had heard rumors that the services of a consultant were to be
engaged to evaluate the operation of the Office of Con~nissioner of the
Revenue. He stated that he failed to see the rationale of hiring a
consultant to evaluate the office when previously the Con~nissioner was
denied his request for an additional position of auditor.
At 8:45 p.m., the Mayor declared the meeting in recess.
At 9:00 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
There being no further business, the Mayor declared the meeting
adjourned at 9:00 p.m.
APPROVED
ATTEST: ~~
City Clerk
Mayor
151
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 15, lg89
2:00 p.m.
The Council of tile City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 15, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Robert A. Garland, Howard E. Musser, James O.
Trout, David A. Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick, Or., and
Mayor Noel C. Taylor ........... 7.
ABSENT: None ..................
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Larry G. Dickens,
Minister of Music and Administration, Cave Spring Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
m
ARCHITECTURAL REVIEW BOARD-LANDMARKS: Ms. Martha B. Boxley,
President, Roanoke Valley Preservation Foundation, appeared before
Council and advised that the City of Roanoke has proclaimed May 14 -
20, 1989, as National Historic Preservation Week. She stated that
Roanoke County, the City of Salem, and the Town of Vinton have also
declared the same period as Historical Preservation Week, and the
Roanoke Valley Preservation Foundation, the State Division of the
Regional Preservation Office of Historic Landmarks and local historic
neighborhoods look forward to festivities which have been planned in
the Roanoke Valley. She explained that Preservation Week celebrates
the accomplishments of preservation in communities and serves as a
reminder of the marvelous opportunities our heritage provides; that the
legacy of the past is recognized in the marks that our ancestors left
on the land; and historic and prehistoric resources of the Roanoke
Valley include structures, historical landscapes and archeological
sites.
Ms. Boxley advised that the Roanoke Valley Preservation Foundation
is a valley-wide, non-profit organization, created for the purpose of
promoting the preservation of historic natural and cultural resources;
that the Roanoke Valley provides a rich source of information about the
people of another era and in these rapidly changing times, citizens
need to recognize and understand their heritage and learn from the past
in order to make responsible decisions for the future. She stated that
the City of Roanoke has made great strides in preservation efforts over
the last decade, with notable achievements including three National
Register of Historic Districts, many individually listed historic pro-
perties, an Architectural Review Board, a revitalized downtown, a
historic neighborhood and most recently, the first 'regional preser-
vation office in the Commonwealth of Virginia. She pointed out that
the City's leadership has shown unprecedented concern for Roanoke's
heritage in its decisionmaking over the past year; and Roanoke is proud
of its heritage and has made efforts to preserve the legacies of the
past for the generations to follow. She advised that as the City of
Roanoke prepares for the challenges and opportunities of the 19gO's, it
is hoped that the demonstrated care and concern of Council will pre-
vail. She presented a poster depicting National Preservation Week,
with the request that it be displayed in a prominent location.
1§2
ACTION:
Mr. Daniel Frei, Vice-President, Old Southwest, Inc., appeared
before Council and expressed appreciation for past efforts in
recognizing that historic preservation plays an important role in the
quality of life in the City of Roanoke. He stated that preservation of
the architectural character of the City requires attention today; and
the City has begun these efforts in a solid way through overlay zoning
which will take on even greater significance to future generations. He
stated that his purpose in appearing before Council was to re-enforce
the philosophy of historic preservation by posing the question, "Why
should local government lead the way in promoting historic preserva-
tion''? He advised that Congress in the National Historic Preservation
Act of 1966 said, "The historical and cultural foundations of the
nation should be preserved as a living part of our community's life and
development in order to give a sense of orientation to the American
people. The spirit and direction of the nation are founded upon and are
reflected in its past history." He stated that that very philosophy
can apply to the local perspective when historic architecture and
natural resources are preserved. He added that the City, in establish-
ing its system of parks and playgrounds, preserves for the people
something of fundamental value -- the enjoyment of life. Ne commented
that the character of the City of Roanoke may, in a few short years, be
redefined by new projects and large buildings, but it should not be
forgotten that the City's character will achieve added depth and socio-
logical texture by the conscientious preservation of the architecture
from another era. He added that he hoped citizens could look to the
1990's as the decade of historic preservation in Roanoke; that although
the City's character may continue to be enhanced by progress, it
should be kept in mind that the importance of our past and a sense of
orientation should be given to citizens as well as tourists and guests.
Dr. John Kern, Director, Regional Center for Historic Preserva-
tion, appeared before Council and advised that the first regional pre-
servation office was established in Roanoke this year as a pilot
program by the Virginia Division of Historic Landmarks. He stated that
professional staff, in addition to himself, included a historian, an
architectural historian, and an archaeologist who were ready to work
with the City on preservation and preservation planning, survey
registration of historic properties, grant applications, preservation
applications for tax credit of historic properties, and in expediting
environmental compliance which would be required for the City's new
plans for downtown development. He stated that the comm~nity needed to
work together to educate children and citizens alike on the historical
importance of the past and the need to preserve the buildings and
archaeological sites of the past for the benefit of future generations.
He expressed appreciation to the City of Roanoke for observing National
Preservation Week, and invited the Members of Council to attend a for-
mal commemoration of the opening of the Regional Preservation Office on
Thursday, May 18, 1989, at 2:00 p.m., at the Buena Vista Recreation
Center to be hosted by the Commonwealth of Virginia and the City of
Roanoke.
Mr. Trout moved that the remarks of Ms. Boxley, Mr. Frei and Dr.
Kern be received and filed, with appreciation. The motion was seconded
by Mr. Fitzpatrick and unanimously adopted.
BID OPENINGS:
STREETS AND ALLEYS: Pursuant to notice of advertisement for bids
for bituminous concrete overlays and pavement profiling of various
streets within the City, said bids to be received by the City Clerk
until 1:30 p.m., on Monday, May 15, 1989, and to be held, opened and
read before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
BIDDER
BASE BID TOTAL
Virginia Asphalt Paving Co., Inc.
S. R. Draper Paving Company, Inc.
Adams Construction Company
L. H. Sawyer Paving Company, Inc.
$1,285,436.60
1,398,383.70
1,419,622.30
1,658,859.70
------- 153
ACTION:
ACTION:
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recon~nendation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Kiser as members of the committee.
im
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to four requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, commis-
sions and committees appointed by Council; two matters pertaining to
acquisition of real property for public purpose; and a matter per-
taining to the disposition of publicly held property.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ............ ---7.
NAYS: None ........
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter pertaining to the acquisition of real pro-
perty for public purpose, pursuant to Section 2.1-344 (a) (3), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter pertaining
to the acquisition of real property for public purpose, pursuant to
Section 2.1-344 (a) (3), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ....... 7.
NAYS: None .........
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter pertaining to the disposition of publicly
held property, pursuant to Section 2.1-344 (a) (3), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter pertaining
to the disposition of publicly held property, pursuant to Section
2.1-344 (a) (3), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ......... --7.
NAYS: None ......... O.
154
ACTION:
ACTION:
HOUSING: A report of qualification of George A. McLean, Jr., as a
member of the Fair Housing Board for a term of three years ending
March 31, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor--- 7.
NAYS: None--- O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter pertaining to acquisition of real property
for public purpose, pursuant to Section 2.1-344 {a) (3), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter pertaining
to acquisition of real property for public purpose, pursuant to Section
2.1-344 (a) (3), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ...... 7.
NAYS: None ........... O.
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
SCHOOLS: A communication from Vice-Mayor Beverly T. Fitzpatrick,
Jr., advising that Chapter 9, Education, Article II, Procedure for
Election of School Trustees, Section 9-21(b), Public Interview of
Candidates, of the Code of the City of Roanoke (197§), as amended, pro-
vides in part, "The interview of candidates shall take place in alpha-
betical order based on the first letter of the last name of the
candidates"; and he was of the opinion that Council should make a
change to allow the Members of Council to determine the order in which
the interviews for any appointment will take place, was before the
body.
Mr. Fitzpatrick recommended that Council refer the matter to the
City Attorney to prepare the proper measure deleting the abovestated
sentence from the School Board selection process so that the Members of
City Council would be in the proper posture next year to decide upon
the procedure to be followed.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be referred to the City
Attorney for preparation of the proper measure. The motion was
seconded by Mr. Fitzpatrick and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEF~ RECOMMENDED FOR ACTION:
ACTION:
PARKING GARAGE: The City Manager submitted a written report
advising that Orvts Roanoke, Inc., currently leases approximately 3,000
square feet of retail space from the City of Roanoke in the Market
Square Parking Garage; that the agreement calls for the lease to expire
on September I, 1992; that Orris Roanoke, Inc., desires to bid on
leasing the retail space from September 1, 1992, to September 1, 1997,
to insure the continuation of the retail store operation; and Article
VII, Section 9, of the Constitution of Virginia requires Council to
authorize the advertisement of a Request for Proposals and to set a
date for opening the proposals received, with the advertisement running
for four successive weeks.
The City Manager recommended that he be authorized to advertise a
Request for Proposals to run for four consecutive weeks for the lease
of approximately 3,000 square feet of retail space in the Market Square
Parking Garage from September 1, 1992, to September 1, 1997; and that
Council open the proposals at its regular meeting on Monday, June 12,
1989.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that Council concur in the reconmmndatton of the
City Manager. The motion was seconded by Mr. Trout and unanimously
adopted.
STREETS AND ALLEYS-TRAFFIC: The City Manager submitted a written
report advising that his office has received consistent and repeated
requests to close and barricade Carlisle Avenue, S. E., at its easterly
terminus with 16th Street; that the 1500 block of Carlisle Avenue is
adjacent to a public recreational area known as Golden Park, which is a
prominent focal point for teenagers and many young adults from in and
around the tnmmdiate community; that park activities draw additional,
unwanted and often reckless traffic into and through this short one-
block section of Carlisle Avenue; and public street closure, by barri-
cade, on both a temporary and permanent status has been authorized by
previously adopted ordinances.
It was further advised that residents who live across the street
(Carlisle Avenue) from Golden Park have complained to the City
Manager's Office about the increase and frequency of speeding cars on
this short segment of public street; that residents are extremely con-
cerned about the safety of the neighborhood children in their daily
crossing of the street to play in the park; and residents have
requested that this section of Carlisle Avenue, S. E., be barricaded at
its terminus with 16th Street in an effort to deter the frequency of
speeding traffic on the street.
The City Manager pointed out that the City Traffic Engineer has
requested that the closure by barricade be effective on a temporary
basis in order to determine the overall effect of the proposed closure
on the immediate con~nunity; and Council's authorization of the applica-
tion will provide for a public review of the request and a reconmmnda-
tton from the City Planning Comnission prior to a final decision by
Council.
The City Manager recommended that he be authorized to file all
necessary applications on behalf of the City to alter, by closure, with
a barricade of Carlisle Avenue, S. E., at its intersection with 16th
Street, for a trial period of six months, with said date of closure to
commence from the date of installation of the proposed barricade. Ne
stated that the recommendation was based upon the following conclu-
sions:
Public safety issues warrant deliberate and serious
consideration.
Closure on a temporary basis will provide an oppor-
tunity to analyze any and all positive and/or nega-
tive effects of the closure.
155
156
ACTION:
ACTION:
Barricade can be installed prior to the warm
weather season which will result in the closure
being effective during the late spring, summer and
fall months, when children are most active in and
around the neighborhood park.
If the barricade is proven to be effective by
increasing the margin of safety for children in the
community and no negative affects on traffic or the
immediate community are discerned, a new applica-
tion will be filed prior to the termination of the
subject six month period requesting that the clo-
sure be made effective on a permanent basis.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the recommendation of
the City Manager. The motion was seconded by Mr. Garland and unani-
mously adopted.
HUMAN RESOURCES-CITY EMPLOYEES: The City Manager submitted a
written report advising that Chapter 2, Section 2-45, Leave of Absence
for Educational Purposes, of the Code of the City of Rdanoke (1979),'as
'amended, provides that a leave of absence, not to exceed twelve con-
secutive months for educational purposes, can be granted to a City
employee upon approval by the City Manager and Council; that the course
of study will, in the opinion of the City Manager, be of continuous
benefit to the City and the employee's performance; that an employee
granted such leave shall be compensated an amount not to exceed fifty
percent of the rate of compensation received by the employee at the
commencement of the leave; that the employee shall agree to remain in
the employment of the City for a period of three consecutive years
following termination of the leave; that should the employee terminate
his or her employment with the City within the three year period, he or
she will reimburse the City for all compensation, including fringe
benefits paid to him or her during the leave; and not more than one
employee of the City shall be granted or be on educational leave at any
one time, and his or her duties and responsibilities must be adequately
performed by another person presently employed by the City.
It was further advised that the Social Services Department of the
City has an employee who is completing the first year of graduate work
and is requesting a leave of absence for educational purposes; that
Lois A. Nimmo, Social Worker, has completed her first year class
requirements for a Master's Degree in Social Work by attending Virginia
Commonwealth University's part-time program in Radford and attending
classes since September, 1987; and the State Department of Social
Services also has a Leave of Absence for Educational Purposes which
will enable the City to claim reimbursement for eighty per cent of one-
half of the salary paid to Ms. Nimmo.
The City Manager recommended that Council approve a leave of
absence for educational purposes for Lois A. Nin~no, Social Worker, and
that he be authorized to enter into an agreement with Ms. Nimno
establishing the terms and conditions of such leave and including the
provisions of subsection (c) of Section 2-45, of the Code of the City
of Roanoke (1979), as amended.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#29560) A RESOLUTION approving the granting of a leave of
absence for educational purposes to Lois A. Nimmo, an employee of the
Department of Human Resources.
(For full text of Resolution, see Resolution Book No. 51, page 200.)
Mrs. Bowles moved the adoption of Resolution No. 29560. The
metton was seconded by Mr. Bowers and adopted by the following vote:
AYES: Counctl Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ....... 7.
NAYS: None .......... --0.
157
ACT[ON:
STADIUM-CELEBRATIONS: The City Manager submitted a written report
advising that the Roanoke Special Events Corm~ittee was appointed by
Council to plan and implement community-wide events; that the objec-
tives of the Committee are to create entertaining and fun type events,
attracting local citizens, as well as bringing thousands of other
people into Roanoke; that on May 26, 1989, the Special Events Committee
will host the 20th Anniversary Salute to Roanoke's Festival-in-them
Park; that net proceeds will be used by the Committee for ongoing
events; that the criteria established by Resolution No. 24982, for
waiving the fee for use of Victory Stadium has been met inasmuch as the
Committee is tax exempt; and public liability insurance, in an amount
of $1,000,000.00 per occurrence will be provided by the Committee with
a hold-harmless clause and will name the City of Roanoke as co-insured.
The City Manager recommended that Council waive the fee for use of
Victo)~ Stadium and grant concession rights to the Roanoke Special
Events Committee for the 20th Anniversary Salute to Festival-in-the-
Park on May 26, 1989.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#29561) A RESOLUTION waiving the standard rental fee for use of
certain City facilities for the 20th Anniversary Salute to Roanoke's
Festival in the Park, and granting concession rights in conjunction
with such event.
(For full text of Resolution, see Resolution Book No. 51, page 201.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29561. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor-- 7.
NAYS: None ......... O.
ZONING: The City Manager submitted a written report advising that
the City of Roanoke received enterprise zone designation in 1983 by
Governor Charles S. Robb, under authority of the Virginia 1982 Urban
Enterprise Zone Act; that the enterprise zone program in the City of
Roanoke has been successful in promoting economic development within
the inner city; that currently fourteen companies are certified to
receive zone benefits and incentives; and there is no zone in Virginia
that has certifiedmore businesses than Roanoke.
It was further advised that Roanoke's enterprise zone encompasses
1,895 acres; that in accordance with state enterprise zone regulations,
the City may file an application with the Department of Housing and
Community Development to expand the City's zone to a maximum of 1,906
acres, thus allowing eleven additional acres for possible expansion;
that the Department of Economic Development has determined two areas
not currently in the zone, which would benefit from being incorporated
into the enterprise zone; and these areas are described as follows:
Starting at the intersection of Luck Avenue
and Fifth Street, Official Tax No. 1113513,
south to Marshall Avenue, Official Tax No.
1113531, west one and one-half blocks to
include Official Tax No. 1113313, north to
include Official Tax No. 1113304, south to
include Official Tax No. 1113501, east to
include Official Tax No. 1113513. The major
industry in this area is the Roanoke Dyeing
and Finishing Facility which is experiencing
phenominal growth.
158
ACTION:
Starting at the intersection of 18th Street
and Melrose Avenue, Official Tax No. 2322115,
west three and one-half blocks to the inter-
section of Salem Turnpike and Melrose Avenue,
to include Official Tax No. 2321814, northeast
to the intersection of Orange Avenue and 20th
Street, to include Official Tax No. 2321904,
east one block to include Official Tax No.
2322001, south one-half block to include
Official Tax No. 2322109, east one block to
include Official Tax No. 2322115. The vacant
northwest Kroger grocery store is located in
this area.
It was explained that regulations of the State of Virginia
Enterprise Zone Program require at least one public hearing on the
request for amendment prior to submission to the Department of Housing
and Co~nunity Development.
The City Manager recommended that the enterprise zone of the City
of Roanoke be expanded, and that Council schedule a public hearing on
Monday, May 22, 1989, at 2:00 p.m., in order to receive citizen comment
on the proposed amendment to the boundaries of the current enterprise
zone, and following the public hearing, Council will be requested to
act upon the proposed amendment.
(For full text see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the reconm~ndation of
the City Manager. The motion was seconded by Mr. Musser and unani-
mously adopted.
BUDGET-BRIDGES: The City Manager submitted a written report
advising that Council awarded a contract to Lanford Brothers Company,
Inc., in the total amount of $662,801.00, with an additional con-
tingency, in the amount of $53,107.00, on November 28, 1988 for the
Hollins Road (formerly Read Road) Bridge over the N & W Railway; that
an agreement with Norfolk-Southern Railroad was authorized pursuant to
Ordinance No. 29433, adopted on January 23, 1989, requiring the City to
reimburse the railroad for relocating communication lines and an
inspector to oversee construction within the railroad right-of-way;
that the railroad also agreed to pay five per cent ($33,140.05) of the
cost of replacing the existing bridge; that Change Order No. I was
authorized pursuant to Ordinance No. 29484, adopted on March 6, 1989,
to cover the cost of subsurface rock encountered during installation of
underground utilities; and while contingency funds were available to
cover the expenditure, in the amount of $35,882.00, it was recognized
that additional funding would be required at a later date.
It was further advised that staff has processed ~wo change orders
to date, in the total amount of $40,762.00; that one change order, with
seven sub-items, needs to be processed to continue the work progress
and funding, in the amount of $50,981.00; that funding required for
previously approved change orders, in the amount of $40,762.00, and
pending change orders in the amount of $50,981.00, totals $91,743.00;
and given a project contingency of $53,107.00, the City needs to pro-
vide additional funding in the amount of at least $38,636.00.
The City Manager reconmnended that Council authorize execution of a
change order with Lanford Brothers Company, Inc., for installation of
temporary fencing on the Singer Furniture property, installation of
sub-footer for Piers I and 2, design of temporary shoring, and deduc-
tions for modifications to the storm drain and sanitary sewers; that
the Norfolk-Southern Railway Force account be reimbursed to relocate a
line and to provide an inspector to oversee construction with the
railroad right-of-way; that the Director of Finance be authorized to
transfer $49,133.00 from the Capital Improvement Reserve, Account No.
008-052-9575-9172, and establish an account receivable from the
Norfolk-Southern Railroad for $33,140.05, to the existing account for
Hollins Road Bridge Replacement, Account No. 008-0§2-g620-9065, and
authorize payment to Lanford Brothers Company, Incorporated, in the
amount of $9,918.00 and payment to Norfolk-Southern Railroad, in the
amount of $49,063.00 from existing Hollins Road Bridge Replacement,
Account No. 008-052-9620-9065.
(For full text, see report on file in the City Clerk's Office.)
159
ACTION:
ACTION:
ACTION:
Mrs. Bowles offered the following emergency budget Ordinance:
(#29562)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 202.)
Mrs. Bowles moved the adoption of Ordinance No. 29562. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ............................. 7.
NAYS: None ....... O.
Mrs. Bowles offered the following emergency Ordinance:
(#29563) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 3 to the City's contract with Lanford Brothers
Company, Incorporated, for the Hollins Road (formerly Read Road) Bridge
replacement project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 202.)
Mrs. Bowles moved the adoption of Ordinance No. 29563. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ......................................... 7.
NAYS: None ..................................................... O.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 29540 permanently vacating,
discontinuing and closing a portion of Irvine Street, S. W., extending
in a northerly direction from its intersection with the northerly line
of Penn Street, S. W., to property of the Norfolk-Southern Corporation
and easterly to its terminus; and a portion of Railroad Avenue, S. W.,
extending from its intersection with the westerly side of Bridge
Street, to previously vacated Russell Avenue, and continuing to its
intersection with Irvine Street, having previously been before the
Council for its first reading on Monday, May 8, 1989, read and adopted
on its first reading and laid over, was again before the body, Mr.
Bowers offering the following for its second reading and final adop-
tion:
(#29540) AN ORDINANCE permanently vacating, discontinuing and
closing certain public rights-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 195.)
Mr. Bowers moved the adoption of Ordinance No. 29540. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ......................... 7.
NAYS: None ................ O.
ZONING: Ordinance No. 29541 rezontng a tract of land containing
approximately 1.48 acres, lying on Grandview Avenue, N. W., between
Empress Drive and Mart Street, designated as Official Tax No. 2270223,
from RS-3, Residential Single Family District, to C-1, Office District,
subject to certain conditions proffered by the petitioner, having pre-
viously been before the Council for its first reading on Monday, May 8,
1989, read and adopted on its first reading and laid over, was again
before the body, Mr. Fitzpatrick offering the following for its second
reading and final adoption:
160
ACTION:
ACTION:
ACTION:
(#29541) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 227, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 196.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29541. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ........ 7.
NAYS: None .............. O.
ZONING-ARCHITECTURAL REVIEW BOARD: Ordinance No. 29542
designating four parcels of land located at 118 - 124 Campbell Avenue,
S. W., described as Official Tax Nos. 1011509 - 1011512, respectively,
as H-l, Historic District, having previously been before the Council
for its first reading on Monday, May 8, 1989, read and adopted on its
first reading and laid over, was again before the body, Mr. Garland
offering the following for its second reading and final adoption:
(#29542) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 101, Sectional 1976 Zone Map,
City of Roanoke, to designate certain property within the downtown area
of the City as H-l, Historic District.
(For full text of Ordinance, see Ordinance Book No. 51, page 197.)
Mr. Garland moved the adoption of Ordinance No. 29542. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor .............. 7.
NAYS: None ............... O.
ZONING: Ordinance No. 29543 rezoning two tracts of land con-
taining 13.15 and 0.46 acres, respectively, located on the westerly
side of Virginia Secondary Route No. 626, being 4056 and 4114 Thirlane
Road, N. W., designated as Official Tax Nos. 6510101 and 6510102, from
RA, Residential Agricultural District, to LM, Light Manufacturing
District, subject to certain conditions proffered by the petitioner,
having previously been before the Council for its first reading on
Monday, May 8, 1989, read and adopted on its first reading and laid
over, was again before the body, Mr. Bowers offering the following for
its second reading and final adoption:
(#29543) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 641, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 198.)
Mr. Bowers moved the adoption of Ordinance No. 29543. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ....... 7.
NAYS: None ....... O.
ZONING: Ordinance No. 29544 changing the proffered conditions in
connection with the conditional rezoning of a tract of land containing
12.37 acres, more or less, lying on the north side of Grandin Road
Extension, west of Airview Road, S. W., which tract was originally
identified as Official Tax Nos. 5090203 and 5090204, having previously
been before the Council for its first reading on Monday, May 8, 1989,
read and adopted on its first reading and laid over, was again before
the body, Mrs. Bowles offering the following for its second reading and
final adoption:
16_1.
m
ACTZON:
ACTION:
ACTION:
(#29544) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 509, Sectional 1976
Zone Map, City of Roanoke, in order to amend certain conditions pre-
sently binding upon certain property previously conditionally rezoned
RG-1, General Residential District (now RM-2, Multi-family, Medium
Density District).
(For full text of Ordinance, see Ordinance Book No. 51, page 199.)
Mrs. Bowles moved the adoption of Ordinance No. 29544. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor-- 7.
NAYS: None O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE )~YOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:45 p.m., the Mayor declared the meeting in recess.
At 4:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
YOUTH: The Mayor advised that the three year terms of Ms.
Corinne B. Gott, Ms. Mollie C. DeBerry and Mr. Richard C. Nininger as
members of the Youth Services Citizen Board will expire on May 31,
1989, and called for nominations to fill the vacancies.
Mr. Garland placed in nomination the name of Ms. Mollie C.
DeBerry.
There being no further nominations, Ms. DeBerrywas reelected as a
member of the Youth Services Citizen Board for a term of three years,
ending May 31, 1992, by the following vote:
FOR MS. DEBERRY: Council Members Garland, Musser, Trout, Bowers,
Bowles, Fitzpatrick and Mayor Taylor .......... 7.
YOUTH: The Mayor advised that there was a vacancy on the Youth
Services Citizen Board created by the resignation of Mr. David J.
Prestipino, for a term ending May 31, 1991, and called for nominations
to fill the vacancy.
Mr. Bowers placed in nomination the name of Mr. Finn D. Pincus.
There being no further nominations, Mr. Pincus was elected as d
men~er of the Youth Services Citizen Board to fill the unexpired term
of Mr. David J. Prestipino, resigned, ending May 31, 1991, by the
following vote:
FOR MR. PINCUS: Council Members Garland, Musser, Trout, Bowers,
Bowles, Fitzpatrick and Mayor Taylor .............. 7.
WATER DEPARTMENT: The Mayor advised that there was a vacancy on
the Advisory Committee - Crystal Spring Pumping Station, created by the
resignation of Mr. James B. Osborne, for a term ending June 30, 1990,
and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Mr. Robert W. Boyd.
There being no further nominations, Mr. Boyd was elected as a
member of the Advisory Committee - Crystal Spring Pumping Station, to
fill the unexpired term of Mr. James B. Osborne, resigned, ending
June 30, 1990, by the following vote:
162
ACTION:
ACTZON:
FOR MR. BOYD: Council Hembers Garland, Russet, Trout, Bowers,
Bowles, Fitzpatrick and Rayor Taylor ........... 7.
SALE/PURCHASE OF PROPERTY-INDUSTRIES: The City Manager submitted
a written report advising that Virginia Transformer Corporation is an
existing manufacturing firm in the City of Roanoke; that the
Corporation currently leases 48,000 square feet of land from United
Parcel Service in Statesman Industrial Park and the lease will expire
in late 1990; that Virginia Transformer Corporation has searched for a
location to relocate their plant in the surrounding Roanoke Valley as
well as Alabama, South Carolina, Louisiana, Kansas and West Virginia;
and the Corporation chose to pursue a City-owned industrial site off of
Glade View Drive adjacent to the new Tultex facility.
It was further advised that the City of Roanoke is being asked to
sell 9.129 acres of land to Virginia Transformer Corporation for
$5,000.00 per acre, the same amount as Tultex paid for their property;
that Virginia Transformer Corporation will build a new 80,000 square
foot manufacturing facility, with an investment in plant and machinery
of approximately $3,500,000.00; and the Corporation potential for
growth is excellent.
The City Manager recommended that Council authorize the Mayor to
execute a contract providing for the following:
Sale of 9.129 acres of land, Official Tax No.
7050107 to Virginia Transformer Corporation at a
price of $5,000.00 per acre for the construction of
an 80,000 square foot manufacturing facility.
Execute the requisite deed with Virginia Trans-
former Corporation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29564) AN ORDINANCE authorizing an Agreement between the City
and Virginia Transformer Corp., dated May 3, lgsg, by which the City
agrees to convey 9.129 acres and Virginia Transformer Corp., agrees to
construct a manufacturing facility of at least 65,000 square feet on
the property conveyed to it by the City with construction to begin by
December 31, 1989, and to be completed on or before December 31, lg92;
and authorizing conveyance of the same property to Virginia Transformer
Corp., by general warranty deed.
(For full text of Ordinance, see Ordinance Book No. 51, page 204.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ....... .7.
NAYS: None ........
SALE/PURCHASE OF PROPERTY-DOWNTOWN ROANOKE DEVELOPMENT-PARKING
GARAGE-PARKS AND PLAYGROUNDS: The City Manager submitted a written
report advising that the City of Roanoke, Norfolk Southern Corporation
and Dominion Bankshares Corporation through Downtown Roanoke, Inc.,
commissioned RTKL of Baltimore, Maryland, on November 7, lgBS, to pre-
pare a master plan for developing land in the northern part of downtown
Roanoke, which was to include recommendations for the location of the
proposed Trade and Convention Center, future office buildings, hotels,
retail spaces, parking facility and other major projects; and the plan
was entitled "FOCUS 'Sg".
163
ACTION:
It was further advised that FOCUS '89 strongly recommended that
the City pursue, as the number one development site for a major mixed-
use office and retail complex, parking facilities and plazas, that area
generally bounded by Jefferson Street, Wtlliamson Road and Norfolk and
Salem Avenues; that Phase I of the major mixed-use project is bounded
by Jefferson Street, Norfolk Avenue, Salem Avenue and Market Street;
and the key elements of the plan include a public parking garage to
support the entire market area and a public park for the enjoyment of
all citizens of Roanoke.
It was explained that pursuit of Phase I of the "FOCUS '89 pro-
posed public parking facility and park requires the acquisition of
three parcels of privately owned property; that Offictal Tax Numbers
4010112 and 4010113 are owned by Joseph H. Milan, Jr., Evelyn N. Milan,
Herbert H. Milan, Mary M. Milan, Ellis H. Milan, and Georgette S.
Milan; that the owners have signed an option agreeing to sell the par-
cels to the City for $155,000.00; that the option is for ninety days
and has a $3,000.00 consideration; that the option also requires that
the City provide up to five parking permits for up to five years at
market rate in either the Market Garage or Campbell Court Garage; and
Official Tax No. 4010116, the former Sureway Grocery, which is owned by
Relish Realty, will be the partial location of the proposed City-owned
parking facility and park.
The City Manager recommended that Council authorize execution of
the option and acquire the property for the purchase of the Joseph H.
Milan, Jr., property, Official Tax Nos. 4010112 and 4010113; and
authorize the acquiring of an option through negotiation, or, if
necessary, authorize the City Attorney to file for and proceed with
condemnation of the property owned by Relish Realty, Official Tax No.
4010116, for the purpose of pursuing the development of a public
parking facility and plaza.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29565) AN ORDINANCE authorizing acquisition of certain real
property located in the City of Roanoke for the purpose of constructing
a public parking facility and other improvements; authorizing the City
Manager to take appropriate action for purchase of the property;
authorizing the City's acquisition of certain property by condemnation,
under certain circumstances; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 203.)
Mr. Trout moved the adoption of Ordinance No. 29565. The motion
was seconded byMr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Gowers, Bowles,
Fitzpatrick and Mayor Taylor- 7.
NAYS: None--
The following Disclosure Declarations were filed prior to
5:00 p.m., on Tuesday, May 16, 1989, by the Honorable Noel C. Taylor,
Mayor, and the Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor:
"1. I, Noel C. Taylor, am Mayor of the City of
Roanoke. I am also a member of the Board of
Directors of Dominion Bank.
2. This declaration relates to City
Council's vote on May 15, 1989, to acquire two par-
cels of real property in Downtown Roanoke for
construction of a public parking facility and a
public plaza or park. This acquisition may facili-
tate the construction of a private office building
in which Dominion Bankshares may lease office
space.
164
3. Based on the foregoing facts, a business
or group, of which I am a member, may be perceived
to be affected by my vote on this transaction.
4. I am able to participate in this transac-
tion fairly, objectively and in the public
interest.
5. This declaration is being filed out of an
abundance of caution and upon the advice of the
City Attorney.
6. This declaration shall be filed by the
City Clerk among the permanent papers of the City
on or before the close of business on May 16, 1989,
and shall be retained and made available for public
inspection for a period of five years from the date
of filing.
May 16, 1989
S/Noel C. Ta~.lor
Nd"el C. Tayl6'r, Mayor
1. I, Beverly T. Fitzpatrick, Jr., am Vice-
Mayor of the City of Roanoke. I am also an
employee of Dominion Bankshares.
2. This declaration relates to City
Council's vote on May 15, 1989, to acquire two par-
cels of real property in Downtown Roanoke for
construction of a public parking facility and a
public plaza or park. This acquisition may facili-
tate the construction of a private office building
in which Dominion Bankshares may lease office
space.
3. Based on the foregoing facts, a business
or group of which I am a member, may be perceived
to be affected by my vote on this transaction.
4. I am able to participate in this transac-
tion fairly, objectively and in the public
interest.
5. This declaration is being filed out of an
abundance of caution and upon the advice of the
City Attorney.
6. This declaration shall be filed by the
City Clerk among the permanent papers of the City
on or before the close of business on May 16, 1989,
and shall be retained andmade available for public
inspection for a period of five (5) years from the
date of filing.
May 16, 1989
S/Beverly T. Fitzpatrick, Jr.
Beverly T. Fitzpatrick, Jr., Vice-MaYor''
There being no further business, the Mayor declared the meeting
adjourned at 4:45 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 22, 1989
2:00 p.m.
165
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 22, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
~, of Section 2-15, Rules of Procedure, Code of the CiLy of ~oanoke
~ul, as amended.
PRESENT: Council Members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland and
Mayor Noel C. Taylor ........ 7.
ABSENT: None ............................
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F Parker,
City Clerk. '
The meeting was opened with a prayer by Father Nicholas G. Bacalis,
Priest, Holy Trinity Greek Orthodox Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
m~
PUBLIC WORKS-ACTS OF ACKNOWLEDGEMENT: The Mayor presented Mr.
William F. Clark, Director of Public Works, with a formal proclamation
declaring the week of May 21 - 27, 1989, as "National Public Works
Week" in the City of Roanoke, said proclamation calling upon all citi-
zens and civic organizations to acquaint themselves with the problems
involved in providing public works and to recognize the contributions
that public works officials make everyday to the health, safety, and
comfort of more than 100,000 citizens of the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
The Mayor called upon the City Clerk to read the following names
of the Public Works Employees of the Quarter.
First Quarter - Ma~/Jul¥
Alfred H. Cunningham
Larry A. Minnix
Martha P. Franklin
Teresa J. Russell
James O. Hall
Bobby L. Nicholas
Douglas M. Terry
Kelly J. Darnall
Sanitation Worker
Construction Inspector
Executive Secretary
Custodian I
Dispatcher II
Welder
Crew Supervisor I
Motor Equipment
Mechanic II
Second Quarter - August/October
~lohn L. Fields
James G. Blaney
Albert J. Arnold
Lill A. Robertson
Carolyn Edwards
Michael W. Wright
Michael F. Randolph
Refuse Collection
Engineering
Con~unity Planning
Custodial Services
Communications
Building Maintenance
Street Maintenance
Motor Vehicle Maint.
Sanitation Worker Refuse Collection
Motor Equipment Opr. II Street Maintenance
Motor Equipment
Mechanic II Motor Vehicle Maint.
Custodian I Custodial Services
Administrative Secretary Building Inspections
Signal Technician Aide Signals & Alarms
Electrician Building Maintenance
166
ACTION:
Third Quarter - November/Januars
Alphonsta Preston
Warren L. Robinson
Roy J. Sweeney
Meg Munton
David N. Twig§
James Axelsen
Ronald L. Deanhofer
Custodian I
Trades Helper
Motor Equipment Opr. I
Executive Secretary
Motor Equipment
Mechanic Helper
Crew Supervisor I!
Dispatcher I
Custodial Services
Building Maintenance
Refuse Collection
Engineering
Motor Vehicle Maint.
Street Maintenance
Communications
Fourth Quarter - February/April
Leonard ~. Booze
Barbara A. Dowdy
William E. Saunders
Valerie E fferson
Owen A. King
Olin D. Davis
W. Dan Webb
Anthony Q. Bond
Motor Equipment Opr. I
Neighborhood Planner
Custodian I
Account Technician
Maintenance Mechanic II
Signal Technician II
Building Inspector
Laborer/Operator
Refuse Collection
Community Planning
Custodial Services
Motor Vehicle Maint.
Building Maintenance
Signals & Alarms
Building Inspections
Street Maintenance
The Mayor expressed congratulations to each Employee of the
Quarter and advised that because of their dedication and efforts, the
City of Roanoke has one of the nation's finest Public Works
Departments.
The Mayor advised that on behalf of the Members of City Council,
the City Manager and the Director of Public Works, he was pleased to
announce the Employee of the Year in the Public Works Directorate. He
stated that the honoree is an Account Technician in the Motor Vehicle
Maintenance Department and has been employed by the City since 1981.
He advised that she has earned annual performance evaluations of ninety
or more each year she has been evaluated; that sire has attended semi-
nars entitled, "Leadership and Supervisory Skills for Women" and
"Assertiveness Training for Achievers" and has completed tutorial
training sponsored by the Literacy Volunteers of America and currently
tutors a person in need of such services. He pointed out that the
honoree deserves special commendation for taking a lead role in
bringing the City of Roanoke's Vehicle Maintenance Computer system
into operation; and she has demonstrated initiative and a positive
attitude while on the job. He advised that it was his pleasure to
recognize Ms. Valerie Efferson, 1989 Employee of the Year in the Public
Works Directorate.
Mr. Bowers offered the following Resolution:
(#29566) A RESOLUTION recognizing VALERIE EFFERSON as Employee Of
The Year in the Public Works directorate.
(For full text of Resolution, see Resolution Book No. 51, page 205.)
Mr. Bowers moved the adoption of Resolution No. 29566. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............................... 7.
NAYS: None ..............................
The Mayor presented Ms. Efferson with a framed copy of Resolution
No. 29566 and a plaque with the following inscription: "Valerie
Efferson, Public Works Employee of the Year 1988-89"; and a $100.00
savings bond.
PARKS AND PLAYGROUNDS: The Mayor recognized Mr. David Spisak and
Mr. Danny Beamer, representing the Roanoke Valley Youth Soccer League,
and presented them with a City of Roanoke "Executive Cup".
167
Mr. Beamer advised that the Crestar Festival Soccer Tournament was
being held during the week of May 27, 1989, in the Roanoke Valley with
156 teams participating from 13 states, bringing in over 2,000 par-
ticipants and over 7,000 family members, as well as occupying 1,400
hotel rooms. He further advised that the City of Roanoke has been of
tremendous assistance toward insuring that the Tournament will be a
success. He invited the Members of Council to attend the Tournament,
and presented each Member of Council with a tee-shirt in commemoration
of the event.
ACTION:
ACTION:
ACTION:
ACTION:
BID OPENINGS:
SIDEWALK-CURB AND GUTTER-BOND ISSUE-DOWNTOWN ROANOKE: Pursuant to
notice of advertisement for bids for construction of new concrete
sidewalk entrances and curb on various streets within the City of
Roanoke (Bond Issue - Downtown Phase I), said bids to be received by
the City Clerk until 1:30 p.m., on Monday, May 22, 1989, and to be
held, opened and read before the Council at 2:00 p.m., on that date, or
as soon thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the sole bid of H & S Construction Company, in
the amount of $436,150.00.
Mr. Musser moved that the bid be referred to a committee to be
appointed by the Mayor for study, report and recommendation to Council.
The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Ktser as members of the con~nittee.
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for
bids for construction of renovations to Wasena, Eureka, Jackson and
Washington Parks, said bids to be received by the City Clerk until
1:30 p.m., on Monday, May 22, 1989, and to be held, opened and read
before the Council at 2:00 p.m., on that date, or as soon thereafter as
the matter may be heard, the Mayor asked if anyone had any questions
about the advertisement for bids, and no representative present raising
any question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
BASE BID TOTAL
Acorn Construction Ltd.
Construction Services of Roanoke,
Inc,
$519,000.00
523,200.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the committee.
PUBLIC HEARINGS:
PLANNING-HOUSING: Pursuant to motion adopted by the Council on
Monday, May 15, 1989, the City Clerk having advertised a public hearing
for Monday, May 22, 1989, at 7:30 p.m., or as soon thereafter as the
matter may be heard, with regard to a proposed expansion of the City of
Roanoke's Enterprise Zone, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Friday, May 19,
1989.
(See publisher's affidavit on file in the City Clerk's Office.)
168
ACTION:
The City Manager submitted a written report advising that the City
received the Enterprise Zone designation in 1983; that the City's
Program has been successful in promoting economic development within
the inner City; that Roanoke's Enterprise Zone encompasses 1,895 acres;
and in accordance with State Enterprise Zone regulations, the City may
file an application with the Department of Housing and Community
Development to expand the City's zone to a maximum of 1,g06 acres, thus
allowing eleven additional acres for possible expansion.
It was further advised that the Department of Economic Development
has determined two areas that are not currently in the Zone which would
benefit from being incorporated into the Enterprise Zone; and the areas
are described as follows:
Starting at the intersection of Luck Avenue and 5th
Street, S. W., at Official Tax No. 1113513, south
to Marshall Avenue, S, W., at Official Tax Ho.
1113531, west one and one-half blocks to include
Official Tax No, 1113313, north to include
Official Tax No. 1113304, south to include Official
Tax No, 1113501, then east to include Official Tax
No. 1113531. The major industry in this area is
the Roanoke Dyeing and Finishing facility which is
experiencing phenomenal growth,
Starting at the intersection of 18th Street and
Melrose Avenue, N. W., at Official Tax No. 2322115,
west three and one-half blocks to the intersection
of Salem Turnpike and Melrose Avenue, N. W., to
include Official Tax No. 2321814, northeast to the
intersection of Orange Avenue and 20th Street,
N. W., to include Official Tax No. 2321904, east
one block to include Official Tax No. 2322001,
south one-half block to include Official Tax No.
2322109, then east one block to include Official
Tax No. 2322115. The vacant northwest Kroger gro-
cery store is located in this area.
The City Manager recommended that the City's Enterprise Zone be
expanded to include the two abovedescribed areas, and that Council
adopt a resolution authorizing the filing of an application with the
Virginia State Department of Housing and Community Development.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29567) A RESOLUTION authorizing the City Manager to make appli-
cation to the Virginia Department of Housing and Community Development
for the expansion of the area of the City's existing Enterprise Zone.
(For full text of Resolution, see Resolution Book No. 51, page 206.)
Mr. Trout moved the adoption of Resolution No. 29567. The motion
was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like
to address Council regarding the expansion of the City's Enterprise
Zone. There being none, Resolution No. 29567 was adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .......... ~ 7.
NAYS: None ..........
169
m
m
m
ACTION:
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; and a matter pertaining
to acquisition of real property for public purpose.
MINUTES: Minutes of the regular meetings of Council held on
Monday, January 23, 1989, and Monday, February 6, 1989, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ....................
NAYS: None .................... O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ......... 7.
NAYS: None ........ O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter pertaining to acquisition of real property
for public purpose, pursuant to Section 2.1-344 (a) (3), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter pertaining
to acquisition of real property for public purpose, pursuant to Section
2.1-344 (a) (3), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............. 7.
NAYS: None .......... O.
ROANOKE ARTS COMMISSION: A report of qualification of Ms.
Melody S. Stovall as a member of the Roanoke Arts Commission to fill
the unexpired term of Ms. Blair W. Fishwick, deceased, ending dune 30,
1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
170
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ....................... 7.
NAYS: None ..................
Oe
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY PROPERTY-SCHOOLS: The Honorable Beverly T. Fitzpatrick, Sr.,
Chairman of the Jefferson High School Committee, appeared before
Council and advised that members of the co)mntttee were present for a
threefold purpose, viz: (1) to present a feasibility study of the
Jefferson High School building, (2) to advise of efforts to date and
(3) to receive the advice and guidance of Council on several matters.
Mr. Fitzpatrick further advised that the Committee was appointed
by Council in 1985 for the purpose of recommending an appropriate use
for the Jefferson High School building; and one of the first ideas
which was pursued was the establishment of a Graduate Center which
included appearances before the General Assembly, along with conferen-
ces with two Governors and various college officials. He pointed out
that the Committee was responsible for obtaining a Graduate Center for
the City of Roanoke; however, the Center was placed at Virginia Western
Community College rather than at Jefferson High School and will soon
be located on the first floor of the parking garage on Church Avenue,
S.W. He stated that the Committee then turned its attention to
alternative uses for the building and after considerable study and sur-
veys, it was determined that the structure should be used as a Center
for the Performing Arts and Social Services, which was recommended to
City Council, along with a recommendation that a feasibility study be
conducted. He advised that in June, 1988, Council authorized the
hiring of Homer and Associates to prepare a feasibility study of
Jefferson High School, and called upon Mr. Richard Rife, Architect,
Hornet and Associates, to present the recommendations.
Mr. Rife advised that the goal of the Committee was to return the
"magic" to Jefferson High School. He stated that approximately 50
people in the community were interviewed and two public workshops were
held in which a variety of questions were discussed and answered, and
as a result of the meetings, a project criteria was established. He
pointed out that Jefferson High School is uniquely located at the
western end of downtown Roanoke on the border between downtown's
central business district and the neighborhood and that the location
should be capitalized upon to create a link between downtown and the
neighborhood area. He stated that the programs to be developed at
Jefferson High School should invite participation and appeal to all
economic levels of the entire Roanoke Valley; that the Jefferson Center
and programs to be developed should become an anchor for the western
end of downtown Roanoke that could spur revitalization in a manner
similar to that which Center in the Square accomplished tot the market
area, which is proposed to be accomplished through a public/private
partnership between alumni of'Roanoke, valley businesses, cultural
organizations, civic groups and educational institutions coming
together to create a Jefferson Center in order to recreate Jefferson
High School into a dynamic mixed use facility for the Roanoke Valley
that symbolizes traditions and challenges potential. He advised that
the Jefferson Center will be a place for economic development, job
training, education, performing arts and civic organizations which will
once again link downtown Roanoke and the community.
Among potential uses, Mr. Rife discussed the idea of using the
former auditorium which seats approximately 850 people for theatrical
type performances, concerts and dance performances; conversion of the
former library into a ballroom which could also be used as an alter-
native theater/concert hall providing working artist studios on the
first floor, along with an artist gallery and teaching space; an execu-
tive suite arrangement for small arts organizations as a first step
toward a higher profile where secretarial and telephone services,
meeting rooms, etc., could be shared; audio and video workshops and a
cable television studio that could utilize public access television;
and relocation of Roanoke City's Magnet School for the Arts to the
Jefferson Center to be and expanded to include the entire Roanoke
Valley school system in a manner similar to the Governor's School.
Additionally, he advised that the YMCA has expressed an interest in
participating in future school activities at the Jefferson Center; edu-
cational classes in the evening whether they be high school con-
tinuation, college graduate courses or professional development
courses; job training and employment training; conversion of the band
room on the fourth floor into a conference center for executive
planning retreats; and incubator office space for newly developed busi-
nesses in the community as well as social service type offices.
Mr. Rife called attention to opportunities that would be offered
to potential users of the Jefferson Center such as approximately 300
parking spaces directly behind the building; a full snack bar which in
the future could be expanded into a restaurant and cafeteria, along
with private party rooms with catering kitchens for meetings, parties,
wedding receptions, etc.; and a gift shop that would tell the story of
Jefferson High School. In order to complement available parking, he
advised that it was proposed to retain the traditional entrance off of
Campbell Avenue, but because of the need to provide han-dicapped access
and more visible parking access, it was also proposed to develop the
current rear courtyard into a visitor's drop off area and a handicapped
parking area, along with a new entrance which would be a glass addition
to the building that would be brightly illuminated at night so that
people parking in the spaces along Luck Avenue would have a short and
direct route to the building. Additionally, he explained that it was
proposed to widen the current alleyway extending from Church Avenue to
Campbell Avenue and develop a new service drive off of Sixth Street.
He stated that it was proposed to renovate the building in two phases;
that Phase I would completely renovate approximately 55 per cent of the
facility, along with a new roof which is needed immediately and repla-
cement of broken windows in order to make the building water tight to
prevent future deterioration. He added that the building was in good
structural condition, however, it was beginning to show signs of
deterioration from the roof which had been leaking for several years.
Mr. Warner N. Dalhouse, Member of the Jefferson High School
Committee, appeared before Council and advised that he was of the opi-
nion that between now and the end of the year, the Jefferson Center
Foundation which is composed of Judge Beverly T. Fitzpatrick, Sr.,
Chairman, Council Member Elizabeth T. Bowles, Horace Fralin, G. Frank
Clement, Lacy Edwards, Robert Fishburn, June McBroom, Ms. Sidney
Shaftman, Donald Smith, Maury Strauss and Gordon Willis could put
together at least two million dollars of the total cost of the project
which is estimated to be $5.5 million if a method could be found to
justify the City government participating in the creation of what could
be another asset to the Roanoke community which would be viewed by com-
munities around the count~ as something quite unusual and quite
valuable.
Judge Fitzpatrick advised that the Jefferson High School roof had
suffered considerable damage, and strongly suggested that the City
cause the necessary repairs to be made.
Mrs. Bowles moved that the funding request, in the amount of $3.5
million, as well as the request for emergency roof replacement at the
Jefferson Center, be referred to the City Manager and the Director of
Finance for study, report and recon~nendation to Council as soon as
possible. The motion was seconded by Mr. Trout and unanimously
adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-BUSES-GRANTS: A communication from Mr. W. Robert Herbert,
Vice President of Operations, Greater Roanoke Transit Company,
transmitting copy of a communication from the General Manager advising
that the Board of Directors of Greater Roanoke Transit Company
authorized a capital grant application in October 1988 for the purpose
of making certain capital acquisitions; that the Virginia Department of,
171'
172
ACTION:
ACTION:
Transportation (VDOT) responded to the application on March 10, 1989,
providing notice that there were not sufficient funds within the UMTA
Section 9 program, controlled by the state, to award any capital
assistance grants; that management reviewed alternatives to the origi-
nal capital grant application with UMTA and VDOT representatives,
reaching the consensus that since the UMTA Section 9 program fund from
which GRTC must first seek capital assistance was depleted, GRTC would
be eligible to request capital assistance from the UMTA Section 3
program, was before Council.
It was explained that the capital grant application needs to be
resubmitted requesting UMTA Section 3 program funds; that Section 3
funding requires a larger local funding share than does Section 9
funding (25% versus 20%), and compensating for this five per cent
funding difference warrants a reduction in the total grant amount
yielding the following total funding shares.
Federal
Share
Local
Share
$538,942.00
75% of total
State $107,778.00
GRTC 71,860.00
Total
15% of total/60% of local
10% of total/40% of local
$718,590.00
The General Manager of Valley Metro advised that GRTC has
$39,673.00 within its capital reserve account and an additional
$32,187.00 is potentially available from the net profit derived year to
date from GRTC's parking operation; that these parking operation funds
belong to the City of Roanoke and dedicating them to GRTC for the pur-
pose of satisfying its UMTA Section 3 program funding share requirement
requires approval by the City of Roanoke.
The Vice President of Operations requested that Council, on behalf
of the City of Roanoke, appropriate $32,187.00 to the GRTC Subsidy
Account No. 001-056-8150-3700, or such other account as deemed
appropriate by the Director of Finance, and be made available as part
of the local share for the capital grant being sought as outlined in
the report of the General Manager under date of April 24, 1989.
The City Manager submitted a written report reconmnendtng approval
of the request of the GRTC for $32,187.00 as a part of the local match
for a capital grant being sought by GRTC.
(For full text, see reports and communication on file in the City
Clerk's Office. )
Mr. Musser offered the following emergency budget Ordinance:
(#29568) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 207.)
Mr. Musser moved the adoption of Ordinance No. 29568. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ....... -7,
NAYS: None ....... O.
Mr. Garland moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
173
II
ACTION:
ACTION:
BUDGET-COMMONWEALTH'S ATTORNEY-DRUGS: A communication from Mr.
Donald S. Cai dwell, Commonwealth's Attorney, advising that federal
funding was made available to the State of Virginia to be used for the
development of several Multi-Jurisdictional Special Drug Prosecutors
statewtde; that Commonwealth's Attorneys of Craig County, Franklin
County, Roanoke County, and the Cities of Roanoke and Salem applied on
October 9, 1987, to the Conm~nwealth's Attorney's Services and Training
Council, the State agency responsible for the administration of the
grant money, to fund a Multi-Jurisdictional Special Drug Prosecutor;
and Council accepted the Multi-Jurisdictional Special Drug Prosecutor
Grant in April, 1988, and a full-time Special Drug Prosecutor was hired
in July, 1988, was before the body.
It was further advised that on March 17, 1989, the Con~nonwealth's
Attorneys' Services and Training Council (CASTC) notified the
Commonwealth's Attorneys that the region's grant application had been
renewed, in the amount of $60,307.00, for all localities for the period
April 1, 1989, through December 31, 1989; and on April 12, 1989, a
revised budget was submitted by the Conm~nwealth's Attorneys and
accepted by CASTC, retroactive to April 1, 1989.
The Commonwealth's Attorney recommended that Council allow the
acceptance of and continued participation in State Grant No. ADA87-
A6576/87-A6792-AD for a Multi-Juridicttonal Special Drug Prosecutor, in
the amount of $60,307.00, for the period April 1, 1989, through
December 31, 1989; that the City Manager be authorized to execute all
appropriate documents for State Grant No. ADA87-A6576/ 87-A6792-AD; and
appropriate $60,307.00 for the Multi-Jurisdictional Special Drug
Prosecutor to accounts to be established by the Director of Finance in
the Grant Fund.
(For full text, see communication on file in the City Clerk's Office.)
The City Manager submitted a written report concurring in the
recon~endation of the Con~nonwealth's Attorney. He advised that the
Commonwealth's Attorney was also requesting that Council authorize the
City Manager to execute a nine month lease for the regional prosecu-
tor's office in the Crystal Tower Building with a monthly rental rate
of $425.00; and all expenses related to implementation of the program
will be paid by the grant and will not require any City funding.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29569) AN ORDINANCE to amend and reordatn certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 207.)
Mr. Bowers moved the adoption of Ordinance No. 29569. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ..... 7.
NAYS: None ....................
Mr. Bowers offered the following Resolution:
(#29570) A RESOLUTION authorizing the acceptance of a Multi-
Jurisdictional Special Drug Prosecutor Grant made to the City of
Roanoke by the Commonwealth of Virginia and authorizing the acceptance,
execution and filing of all appropriate documents to obtain such grant.
(For full text of Resolution, see Resolution Book No. 51, page 208.)
Mr. Bowers moved the adoption of Resolution No. 29570. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ......... 7.
NAYS: None ..................................................... O.
174
ACTION:
ACTION:
ACTION:
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29571) AN ORDINANCE authorizing and directing the proper City
officials to enter into a certain lease between the City of Roanoke and
Crystal Tower Associates for use by the multi-jurisdictional drug pro-
secutor; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 209.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29571. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............ 7.
NAYS: None ............ O.
Mr. Bowers moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
YOUTH-GRANTS-BUDGET: The City Manager submitted a written report
advising that Council, pursuant to Resolution No. 29208, adopted on
July 11, 1988, authorized the acceptance of a Delinquency Prevention
and Youth Development Act Grant for the purpose of continuing coor-
dinated planning and youth services program implementation; and
Council, pursuant to Ordinance No. 29207, adopted on July 11, 1988,
appropriated $46,516.00 to the Youth Services Grant and transferred
$10,000.00 as the required match from Comunity Planning to the Youth
Services Grant, in connection with Grant No. 88-I-12.
It was further advised that the City Manager was notified on
May 3, 1989, that Grant No. 88-I-12 had been approved for additional
funds in the amount of $1,070.95 for fiscal year 1988-89; that addi-
tional funding must be disbursed to localities by June 15, 1989, and
either spent or obligated by June 30, 1989; and a planning intern will
be employed to complete a special project as a result of the receipt of
the additional funds.
The City Manager reconmmnded that Council accept additional funds
from the Department of Corrections, in the amount of $1,070.85; and
appropriate $1,070.85 to Account No. 035-052-8826-1004, Temporary
Employee Wages, and increase the revenue estimate in the Grant Fund by
the same amount.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offere~ the following emergency budget Ordinance:
(#29572) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 209.)
Mr. Garland moved the adoption of Ordinance No. 29572. The motion
was seconded byMr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .............. 7.
NAYS: None ...... O.
175
il
ACTION:
ACTION:
Mr. Garland offered the following Resolution:
(#29573) A RESOLUTION authorizing the acceptance of a Delinquency
Prevention and Youth Development Act Grant made to the City of Roanoke
by the Con~nonwealth of Virginia Department of Corrections and
authorizing the acceptance, execution and filing of the "Amended
Special Conditions" with the Department of Corrections for this grant
for the purpose of continuing coordinated planning and youth services
program implementation by the City's Office on Youth until June 30,
1989.
(For full text of Resolution, see Resolution Book No. 51, page 210.)
Mr. Garland moved the adoption of Resolution No. 29573. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor- 7.
NAYS: None .......
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that Public Notice of Request for Proposal for
engineering services for a full Valley Industrial Sewage Survey
according to Environmental Protection Agency (EPA) Sewage Pretreatment
Protocol was placed in a local newspaper on March 19, 1989; that two
engineering firms responded to the request for services; that indivi-
dual discussions were held with both firms on April 21, 1989; that
following discussions, Olver, Inc., was selected as the best qualified
engineering firm to conduct the Industrial Sewage Survey; that nego-
tiations were then held for a satisfactory and advantageous contract;
and the project consists of the following four n~jor steps:
Industrial Use Survey and Inspection.
Sampling and Analysis of Exhibit I industries.
Primary Industries
Others - (Only if warranted by results of
Industrial User Survey and Inspection.)
Municipal Sampling and Analysis.
Local Limit Development.
The City Manager reconmnended that he be authorized to execute an
engineering services contract, in a form subject to approval by the
City Attorney with Oiver, Inc., for the Industrial Sewage Survey as
required by EPA, for a total project cost of $211,000.00; advising that
funds are available in the Water Pollution Control Plant's Fees for
Professional Services, Account No. 003-056-3050-2010; and participating
localities will pay their fair share of consultant fees pursuant to the
1972 Sewage Treatment Bulk Rate Fee Formula.
(For full text, see report on f~le in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29574) AN ORDINANCE authorizing the execution of a contract
with Olver, Inc., to provide engineering services for a valley
industrial sewage survey; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 211.)
-Mr. Fitzpatrick moved the adoption of Ordinance No. 29574. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor--- 7.
NAYS: None ...... O.
176
ACTION:
GRANTS-CLEAN VALLEY COMMITTEE: The City Manager submitted a writ-
ten report advising that the Clean Valley Council, Inc., was originated
by the governments in the Roanoke Valley to coordinate a valley-wide
litter control program; that all grants to the localities are received
by each locality and then transferred to the Council for that purpose;
and the following represents the total of the five grants:
City of Roanoke
Roanoke County
City of Salem
Town of Vinton
Botetourt County
$ 8,101.00
7,034.00
3,038.00
1,635.00
3,941.00
Total $23,749.00
It was further advised that the Clean Valley Council, Inc.,
generally submits a cooperative grant application for the five locali-
ties; and the Department of Waste Management, Division of Litter
Control and Recycling requires a resolution from each locality
designating the Clean Valley Council, Inc., as recipient of the funds
for the year beginning July 1, 1989.
The City Manager recommended that Council designate the Clean
Valley Council, Inc., as recipient of the Division of Litter Control
and Recycling Grant for the year beginning July 1, 1989.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#2957§) A RESOLUTION designating the Clean Valley Council, Inc.,
to develop a coordinated litter control program for the entire Roanoke
Valley and authorizing such Council to apply for certain grant funds
from the Commonwealth for operation of such program.
(For full text of Resolution, see Resolution Book No. 51, page 211.)
Mrs. Bowles moved the adoption of Resolution No. 29575. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .......... .7.
NAYS: None ....... O.
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY-HUMAN
RESOURCES: The City Manager submitted a written report advising that
the City Manager's Task Force on Homelessness studied the homeless and
low-income housing situation in Roanoke and presented their findings
and recommmndattons in a comprehensive report entitled, "No Place To
Call Nome" in April, 1987; and Council accepted Emergency Shelter
Grants Program Entitlement Funds in the amount of $30,000.00 in 1987
and 1988 allocated under the Stuart B. McKinney Homeless Assistance
Act, from the United States Department of Housing and Urban Development
to provide services to the homeless, as follows:
$26,000.00 - Resolution No. 28872, adopted on
November 16, 1987.
$20,000.00 to Total Action Against Poverty.
$ 6,000.00 to Roanoke Area Ministries.
$ 4,000.00 - Resolution No. 29087, adopted on
May 9, 1988.
$2,300.00 to Roanoke Area Ministries.
$1,700.00 to Total Action Against Poverty.
177
ACT[ON:
It was further advised that Council accepted the 1989 Emergency
Shelter Grants Program Entitlement Funds of $24,000.00 on April 3,
1989, pursuant to Resolution No. 29507, through the Stuart B. McKinney
Homeless Assistance Act; that the Follow-Up Task Force on the Homeless
was requested to carefully review proposals submitted within the
designated time frame and recommend the allocation of funds to benefit
the citizens of Roanoke; that Roanoke Area Ministries, Total Action
Against Poverty, and TRUST submitted proposals for funding through the
1989 Emergency Shelter Resource Fund; and requests from the following
agencies totaled approximately $33,852.00:
Roanoke Area Ministries requested $8,500.00 for RAM
House, a comprehensive day facility for the home-
less.
Total Action Against Poverty requested $13,500.00
for operation of the Transitional Living Center.
TRUST requested $11,852.00 for shelter operations
and services.
The City Manager recommended that Council concur in the reconm~n-
dations submitted by the Follow-Up Task Force on the Homeless for the
1989 Emergency Shelter Resource Fund, in the total ameunt of
$24,000.00; and that the City Manager be authorized to execute subgrant
agreements with the following agencies:
$8,500.00 be allocated to Roanoke Area Ministries
for the payment of monthly maintenance/utility fees
at RAM House.
$10,000.00 be allocated to Total Action Against
Poverty for acquisition and installation of a walk-
in freezer at the Transitional Living Center.
$5,500.00 be allocated to TRUST for activities
included under shelter operations.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#29576) A RESOLUTION concurring in the recon~nendation of the
City Manager's Follow-Up Task Force on Homeless as to the allocation of
Emergency Shelter Resource Funds, and authorizing the execution of the
subgrant agreements with Roanoke Area Ministries, Total Action Against
Poverty and TRUST to administer the funds.
(For full text of Resolution, see Resolution Book No. 51, page 212.)
Mr. Fitzpatrick ~ved the adoption of Resolution No. 29576. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............................ 7.
NAYS: None .......... O.
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that Council at its regular meeting on Monday,
April 17, lgSg, awarded a contract to Dixon Contracting, Inc,, in the
amount of $258,783.00 and 120 consecutive calendar days for the Coyner
Springs gravity sanitary sewer main extension; that the State Water
Control Board discovered a gasoline leak from the Exxon Station that
could be detected in the median of U. S. Route 460; and the City was
informed that if the present route of the sanitary sewer should happen
to drain the pollution from the gasoline contamination into Glade
Creek, it could be determined to be the City's responsibility.
178
ACTION:
It was further advised that in addition, on further review of the
plan, the Virginia Department of Transportation requested that the
sanitary sewer be re-routed so that it would not pass under the bridge
on Route 735; that the City was informed that Route 735 could not be
open cut, which in effect, said that Jack and bore would also be
required on the state route; and alternative routes were studied and
estimated and a final routing was agreed upon by the consultant, the
contractor, Botetourt County officials, the Virginia Department of
Transportation and the City of Roanoke.
The City Manager recommended that Council authorize execution of
Change Order No. I with Dixon Contracting, Inc., in the amount of
$14,741.00, and no additional contract time, as follows.
Extent of the work involved is as follows. All
costs are related to the unit prices from the bid
form. All changes occur from Manhole 6 to
Manhole 12.
Amount of pipework from
existing M.H. 6 to M.N. 12
Credit for original routing
of pipe from M.H. 6 to
M.H. 12
C®
Increase in original price
30" Jack and bore under State
Route 735 - 80' x $165.00
per foot
$ 9,800.00
(9,459.00)
$ 341.00
$13,200.00
d. Add 10' to original length
of 24" jack and bore to clear
C & P wire routing at new
location - 10' x $120.00 per
foot $ 1,200.00
Total amount of change: $14,741.00
It was explained that funding is available in the project con-
tingency account; that the original amount of $35,878.00, less Change
Order No. 1, $14,741.00, which leaves a balance of $21,137.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29577) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with Dixon Contracting, Inc.,
for the Coyner Springs gravity sanitary sewer main extension; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 213.)
Mr. Garland moved the adoption of Ordinance No. 29577. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Ta~lor ........ 7.
NAYS: None .......... -0.
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that Council authorized the award of a contract for the
Williamson Road Storm Drain, Phase 2, Contract 2A, to Aaron j. Conner,
General Contractor, Inc., on November 2, 1987, in the amount of
$1,498,057.35 and established a contingency fund, in the amount of
$149,805.74; that Change Order No. 1, in the amount of $9,183.40, was
issued on February g, 1988, authorizing changes in profile alignment
and elevations which reduced excavation and rock quantities, and cer-
tain substitutions in pipe, resulting in a reduction of the total
contract; and Change Order No. 2, in the amount of $50,000.00, was
issued pursuant to Ordinance No. 29293 adopted September 12, 1988, to
cover a predicted over-run in rock excavation.
179
m
ACTION:
It was further advised that the amount of Change Order No. 2 was
estimated based on the current trend of rock encountered along the
trench profile at the time and the possibility that under-runs on other
construction items could occur to the extent that an additional change
order for rock excavation would not be necessary throughout the
remainder of the project; and Change Order No. 3, in the amount of
$4,593.60, was issued on November 23, 1988, authorizing partial substi-
tution of Class IV Storm Drain Pipe in lieu of Class III Storm Drain
Pipe.
It was explained that the project is now nearing completion and
rock excavation has continued to be excessive along the trench profile
while under-runs of other construction items have not been sufficient
to offset the cost of rock; that Change Order No. 4, in the amount of
$47,913.78, is necessary to cover the final over-run cost of rock exca-
vation and to properly close out the account for this phase of the pro-
ject; and a time extension of sixty consecutive calendar days is
required due to time required to remove excessive rock.
The City Manager recommended that he be authorized to execute
Change Order No. 4, in the amount of $47,913.78, and extend the
contract time by sixty consecutive calendar days due to the time
required to remove excessive rock, thereby establishing a final
contract amount of $1,591,381.33.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29578) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 4, to the City's contract with Aaron J. Conner,
General Contractor, Inc., for Williamson Road Storm Drain, Phase 2,
Contract IIA (Lower Segment); and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 214.)
Mrs. Bowles moved the adoption of Ordinance No. 29578. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Gar)and and Mayor Taylor .......... 7.
NAYS: None ....... O.
STREETS AND ALLEYS-STATE HIGHWAYS: The City Manager submitted a
written report advising that Council, at its regular meeting on Monday,
June 17, 1985, unanimously adopted Resolution No. 27729, which
requested that the Virginia Department of Transportation (VDOT) program
a project to widen Franklin Road from Third Street, S. W., to Elm
Avenue; and the project, which is consistent with the 1995 Roanoke
Valley Transportation Plan, was subsequently included in VDOT's
Six-Year Highway Improvement Program.
It was further advised that the existing segment of Franklin Road
carries approximately 9,500 vehicles per day with 14,000 vehicles per
day projected for the year 2010; that the anticipated traffic increase
has necessitated the proposed improvements in order to provide for a
safe and efficient travel facility; and the proposed design of the
Franklin Road segment consists of four 12 foot lanes which will provide
for two lanes of travel in each direction, a landscaped median will
separate traffic, with vehicle access available at key intersections,
and concrete curb, gutter and sidewalk will be provided on both sides
of the roadway.
It was explained that the Location and Design Public Hearing was
held on March 28, 1989, in the Council Chamber, having been preceded
by an informal project plan review session for the same project; that
the public hearing, after due and proper notice was given for con-
sidering the proposed location and design of the project, included
aerial photographs, drawings and other pertinent information available
for public inspection in accordance with state and federal require-
merits; and all persons and parties in attendance were afforded full
opportunity to participate.
180
ACTION:
It was further explained that the cost estimate of $3,260,000.00
will be shared by the VDOT and the City; that the VDOT will pay
approximately 95 per cent, which is $3,097,000.00 and the City will pay
five per cent, which is $163,000.00; that a Resolution adopted by
Council approving the location and major design features of the pro-
posed project as presented at the public hearing will enable the
Commonwealth Transportation Board to also act on the project; that
approval by Council and the Board would enable VDOT to begin right-of-
way acquisition as early as June 1, 1989; and after right-of-way has
been obtained, the project would be ready for advertisement in
September, 1990, with completion estimated at approximately July, 1991.
The City Manager recommended that Council approve the location and
major design features of the widening of Franklin Road, S. W., from
0.02 miles east of Third Street to 0.06 miles south of Elm Avenue as
presented at the March 28, 1989, public hearing; that the VDOT be
requested to acquire all rights-of-way necessary for the project con-
veying said rights-of-way to the City of Roanoke at the appropriate
time; and that the City Manager be authorized to execute, on behalf of
the City, all necessary utility agreements required in conjunction with
acquiring such rights-of-way.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29§79) AN ORDINANCE approving location and major design
features of the Franklin Road, S. W., Street Widening, from Third
Street, S. W., to Elm Avenue, S. W., Project No. 0221-128-101, PE 101,
RW-201, C-501; requesting the Virginia Department of Transportation to
acquire all necessary rights-of-way for the Project; authorizing the
City Manager to execute all necessary railroad and utility agreements
in conjunction with such Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 215.)
Mr. Trout moved the adoption of Ordinance No. 29579. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ....... 7.
NAYS: None ....... -0.
BUDGET-RESCUE SQUAD MUSEUM-DONATIONS: The City Manager submitted
a written report advising that in July 1985, Mayor Noel C. Taylor, in
his State of the City Address, recommended the establishment of a
Rescue Hall of Fame and Museum honoring volunteer rescue squads; that
in November 1986, a local committee was appointed to determine the
requirements of facility-feasible sites, space needs, and funding; that
Center-in-the-Square was chosen to house the $1.8 million, 3,600 square
feet state-of-the-art exhibit; and on January 26, 1989, the City of
Roanoke contracted with Whittaker Associates, Inc., in the amount of
$5,000.00, to conduct a feasibility study to obtain local perceptions
about the proposed project and to determine the level of local finan-
cial support.
It was further advised that state funds, in the amount of
$500,000.00, have been approved by the General Assembly to assist in
construction of the Rescue Squad Museum; that the Whittaker Associates,
Inc., feasibility study concluded, in brief, that the Julian Stanley
Wise Foundation should continue with its current direction to conduct a
capital contribution campaign; and the Julian Stanley Wise Foundation
Board of Directors has concluded that a fundraistng effort is
appropriate and has requested that the City donate $50,000.00.
The City Manager recommended that the City donate a total of
$50,000.00 to the Julian Stanley Wise Foundation to include the
$5,000.00 previously appropriated for Whittaker Associates, Inc., to
conduct the feasibility study; and appropriate $45,000.00 from the
Capital Maintenance and Equipment Replacement Program to an account to
be established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
m
m
ACTION:
Mr. I. B. Iteinemann, representing the Julian Stanley Wise
Foundation Board of Directors, appeared before Council and presented a
video tape in connection with the founding of the first volunteer
rescue squad by Julian Stanley Wise and its growth since inception.
Following the video, Mr. Heinemann advised that as a result of the
rescue squad museum vision by Mayor Taylor, the following has been
accomplished to date: (1) a contract has been executed with the
Roanoke Historical Society Board of Directors located in Center in the
Square and the Board of Directors of the Virginia Association of
Volunteer Rescue Squads whereby they would mutually agree to work
toward establishing a museum exhibit in the soon to be expanded Center
in the Square: (2) Virginia Volunteer Rescue Squad Board members
would participate on the Roanoke Historical Society Board of Directors
which would jointly appoint a Board of Directors of the Julian Stanley
Wise Foundation charged with fundraising responsibilities for the
Museum; (3) the Virginia Association of Volunteer Rescue Squads
Board of Directors provided $8,000.00 to pay for the services of a
Museum consultant who was charged with the responsibility of suggesting
a museum configuration and estimated budget.
Mr. Hetnemann advised that concurrent to organization of the
Foundation Board, attention was given to the number one task of raising
the $1.8 million budget recommended by the consultant and approved by
the Historical Society Board and ultimately the Foundation Board; that
the $1.8 million breaks out at approximately $800,000.00 for the
establishment of the museum and $1 nlillion for an endowment fund ade-
quate to perpetuate the museum. He stated that prior to formal full
blown fundraising activities, the Board concluded that state and local
monies were essential and a Board delegation approached Delegate C.
Richard C~nwell to seek advice and guidance in securing state funds,
who, in tr..n, convinced Governor Gerald Baliles in the last short
session of the legislature to include in his budget a figure of
$500,000.00 in matching funds, which funds may be drawn beginning duly
1, 1989, and terminates on June 30, 1990. He advised that in addition
to favorable discussions with Managers from both the Town of Vinton and
the City of Salem, Members of the Foundation have appeared before both
Councils and have been assured of financial support, and a local bank
and health institution, each, have pledged $25,000.00 toward the museum
cause. Further, he advised that the Roanoke City Council funded a
preliminary fundraising study, the net results of which were favorable.
He explained that it was felt that the rescue squad museum would pro-
perly bring attention to the huge contribution of the thousands of
volunteers who have given freely of their time in aiding and abetting
mankind in distress, while generating additional income to the City and
acting as an educational medium for school children and stimulating
interest in maintaining the volunteer system of rescue service which
will save the City tax dollars by offsetting the cost of funding a
fully paid emergency service. He urged that Council approve the
request for a $50,000.00 contribution for the Julian Stanley Wise
Rescue Squad Museum.
Mr. William H. Flannagan, appeared before Council and advised that
Julian Stanley Wise reached out and brought life to thousands of people
around the world by organizing the first life saving squad, and asked
that the City give support to the project by appropriating the
requested $50,000.00.
Mr. Musser offered the following emergency budget Ordinance:
(~29580) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. $1, page 216.)
Mr. Musser moved the adoption of Ordinance No. 29580. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........ 7.
NAYS: None ............... O.
181
182
ACTION:
ACTION:
ACTION:
There was discussion with regard to involving the international
association of rescue squads in the Roanoke project; whereupon, Mr.
Gene Watson, 2311 Rosalind Avenue, S. W., appeared before Council and
advised that a meeting had been scheduled in the near future to brief
international rescue squad representatives on the rescue squad museum.
Mr. Fitzpatrick offered the following Resolution:
(#29581) A RESOLUTION authorizing a donation of City funds in the
amount of $50,000.00 to the Julian Stanley Wise Foundation.
(For full text of Resolution, see Resolution Book No. 51, page 216.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29581. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Men, ers Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .........
NAYS: None ........
CITY EMPLOYEES: The City Manager submitted a written report
advising that mileage reimbursement at the rate of .22§~ per mile for
the first 15,000 miles and .11¢ per mile for additional travel per
fiscal year has been provided for City employees utilizing their per-
sonal automobiles in the performance of City business, which rate was
established on July 1, 1988; and the mileage reimbursement rates paid
by the Commonwealth have been increased by action of the 1989 General
Assembly to .24~ per mile for the first 15,000 miles, and .11~ per mile
for additional miles of such use in a fiscal year.
It was further advised that Resolution No. 29178 adopted by
Council on Monday, June 27, 1988, needs to be amended in order to per-
mit the new reimbursement rates to be paid.
The City Manager recommended that an increased mileage reimbur-
sement rate be established, effective July 1, 1989, of 24~ per mile for
the first 15,000 miles, 11~ per mile for all additional miles in the
fiscal year for all City employees authorized to receive mileage reim-
bursement for business use of their personal automobile.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#29582) A RESOLUTION establishing the rate of reimbursement per
mile to be paid to officers and employees of the City for use of priva-
tely owned personal motor vehicles on City business; and providing for
an effective date.
(For full text of Resolution, see Resolution Book No. 51, page 217.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29582. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .......... .7.
NAYS: None ......... O.
DIRECTOR FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of April, 1989.
(For full text, see report on file in the City Clerk's Office.)
Mr. Troutmoved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and unanimously adopted.
183
ACTION:
BUDGET: The Director of Finance submitted a written report recom-
mending adjustments in salary budgets with regard to the Personnel
Lapse Final Report.
(For full text, see report on file in the City Clerk's Office.)
A memorandum from the Assistant City Manager recommending the
following adjustments, was also before Council.
General Fund Balance
Reconmmnded Lapse Adjustment
Amount to be Realized
Internal Service Balance
Recommended Lapse Adjustment
Amount to be Realized
$275,000.00
-275,000.00
- 0 -
$ 50,000.00
- 50,000.00
-0-
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29583) AN ORDINANCE to amend and reordain certain sections of
the lg88-89 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 218.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29583. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor--. . .......7.
NAYS: None--- O.
REPORTS OF COMMITTEES:
BUDGET-STREETS AND ALLEYS: Council Member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for bituminous concrete overlays and pavement profiling of
various streets within the City, presented a written report on behalf
of the committee, reconm~nding that Council take the following action:
Award a contract to Virginia Asphalt Paving Co.,
Inc., in the amount of $1,641,000.00, and establish
a contingency, in the amount of $10,000.00, for a
total not to exceed $1,651,000.00.
Appropriate $520,000.00 from the Capital Mainte-
nance and Equipment Replacement Program (fiscal
year 1988-89) into an account to be designated by
the Director of Finance.
Increase revenue estimates for fiscal year 1988-8g,
in the amount of $481,000.00, and transfer said
funds into an account to be designated by the
Director of Finance.
Reject all other bids received.
A joint report of the City Manager and the Director of Finance
advising that the 53,970 tons of asphalt will pave g8 lanes miles of
streets; that the average number of lane miles paved during this 14
year period is 60 which is slightly greater than the 57 lane miles
desired each year; and reconmmndtng that Council concur in the recom-
mendations of the committee, was also before the body. ~
(For full text, see reports on file in the City Clerk's Office.)
184
ACTION:
ACTION:
Mr. Garland offered the following emergency budget Ordinance:
(#29584)
the 1988-89
emergency.
AN ORDINANCE to amend and reordatn certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 220.)
Mr. Garland moved the adoption of Ordinance No. 29584. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .............. 7.
NAYS: None ........ -0.
Mr. Garland offered the following emergency Ordinance:
(#29585) AN ORDINANCE accepting the bid of Virginia Asphalt
Paving Co., Inc., for bituminous concrete overlays and pavement pro-
filing of various streets within the City of Roanoke, upon certain
terms and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 221.)
Mr. Garland moved the adoption of Ordinance No. 29585. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........ 7.
NAYS: None ........ -0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SALE/PURCHASE OF PROPERTY-INDUSTRIES: Ordinance No. 29564
authorizing an agreement between the City and Virginia Transformer
Corporation, dated May 3, 1989, by which the City agrees to convey
9.129 acres, Official Tax No. 7050107, for the purchase price of
$45,645.00, agrees to construct a manufacturing facility of at least
65,000 square feet on ther property conveyed to it by the City with
construction to begin by December 31, 1989, and to be completed on or
before December 31, 1992; and authorizing conveyance of the same pro-
perty to Virginia Transformer Corporation, by general warranty deed,
having previously been before the Council for its first reading on
Monday, May 15, 1989, read and adopted on its first reading and laid
over, was again before the body, Mr. Fitzpatrick offering the following
for its second reading and final adoption:
(#29564) AN ORDINANCE authorizing an Agreement between the City
and Virginia Transformer Corp., dated May 3, 1989, by which the City
agrees to convey 9.129 acres and Virginia Transformer Corp., agrees to
construct a manufacturing facility of at least 65,000 square feet on
the property conveyed to it by the City with construction to begin by
December 31, 1989, and to be completed on or before December 31, 1992;
and authorizing conveyance of the same property to Virginia Transformer
Corp., by general warranty deed.
(For full text of Ordinance, see Ordinance Book No. 51, page 204.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29564. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick
Garland Mayor Taylor .......... -7.
NAYS: None ....... O.
185
m
ACTION:
ACTION:
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
CELEBRATIONS-ACTS OF ACKNOWLEDGEMENT: Vice-Mayor Fitzpatrick
moved that the City Attorney prepare the proper measure expressing the
City's congratulations to Roanoke County upon being selected as an
All-America City on May 13, 1989. The motion was seconded by Mr.
Bowers and unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 4:05 p.m., the Mayor declared the meeting in recess.
At 4:40 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
YOUTH: The Mayor advised that the three year term of Ms.
Corinne B. Gott as a member of the Youth Services Citizen Board will
expire on May 31, 1989, and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Ms. Corinne B. Gott.
There being no further nominations, Ms. Corinne B. Got was
reelected as a member of the Youth Services Citizen Board for a term of
three years, ending May 31, 1992, by the following vote:
FOR MS. GOTT: Council Members Musser, Trout, Bowers, Bowles,
Fitzpatrick, Garland and Mayor Taylor- 7.
HUMAN RESOURCES: The Mayor advised that there was a vacancy on
the Advisory Board of Human Resources, due to the inel4gibiltty of Mr.
Clyde G. Roland to serve another term, and called for nominations to
fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Mr. Harold F.
Dill.
There being no further nominations, Mr. Dill was elected as a
member of the Advisory Board of Human Resources, for a term ending
November 30, 1992, by the following vote:
FOR MR. DILL: Council Members Musser, Trout, Bowers, Bowles,
Fitzpatrick, Garland and Mayor Taylor .... 7.
BUDGET-SALE/PURCHASE OF PROPERTY-INDUSTRIES: The City Manager
submitted a written report advising that the Roanoke Centre for
Industry and Technology (RCIT) has been extremely successful in
attracting and retaining industry in the City; that only two prime
sites are left in the Industry for future development; and the City has
been searching for available land suitable for industrial development.
It was further advised that Anderson Wade Oouthat and Frances
Brown Douthat own approximately 141.77 acres of land adjacent to the
RCIT, identified as Official Tax Nos. 7170506, 7170508, 7220101,
7220103, 7230101, 7230201 and 7230301; that the City has been nego-
tiating with the Douthats with regard to the purchase of the property
for industrial development purposes; and major provisions of a sales
contract are as follows:
Purchase price is $20,000.00 per acre or approxima-
tely $2,840,000.00.
Consideration is $10,000.00 earnest money deposit.
If the property is ultimately purchased by the
City, said deposit will be applied toward purchase
price.
Closing shall be on or before October 2, 1989.
Conditions of City purchase are as follows:
186
ACTION:
The real estate must have clear title.
The real estate must be environmentally
sound.
The real estate must be properly zoned
for industrial use. The City agrees to
fi)e required petitions for rezoning from
RA and RS-3 to LM.
Soil Tests must be satisfactory for
industrial use.
Marketable tracts of at least five
contiguous acres or more in size for
a total marketable acreage of 100 acres
must be identified, and land purchase and
needed improvements must not exceed $4.5
million.
At the option of the seller, the City wtll take an
option on like property designated by the seller in
order to effect a tax free exchange. This shall be
at no cost to the City and shall not delay closing.
The seller will pay up to $39,500.00 in rollback
taxes. The taxes have been estimated to be
$39,195.24.
Waiver of any of the conditions is at the City's
sole discretion.
The City Manager recon~nended that he be authorized to execute a
sales contract for purchase of approximately 141.77 acres of land from
Anderson Wade Douthat and Frances Brown Douthat for industrial develop-
ment purposes, subject to approval by the City Attorney; that the Mayor
be authorized to execute the requisite deed; that the Assistant City
Manager be authorized to file a petition for the rezoning of the real
estate from RA and RS-3 to LM; and that $2,840,000.00 be appropriated
from the Undesignated Capital Projects Fund to an account to be
established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29586) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 221.)
Mr. Trout moved the adoption of Ordinance No. 29586. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ....... -7.
NAYS: None .......
Oo
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29587) AN ORDINANCE authorizing that a certain contract be
entered into with Anderson Wade Oouthat and Frances Brown Oouthat for
the purchase of certain real estate; authorizing that the deed to said
real estate be accepted and executed; ratifying the filing of a peti-
tion to rezone the said real estate; authorizing the issuance and deli-
very of funds for the purchase of said real estate; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 222.)
1'87
m
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29587. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ...... 7.
NAYS: None ...... O.
BUDGET-SALE/PURCHASE OF PROPERTY-INDUSTRIES-CONSULTANTS REPORTS:
The City Manager submitted a written report advising that the City has
a contract to purchase 141.77 acres of property presently owned by
Anderson Wade Douthat and Frances Brown Douthat, more particularly
described as Official Tax Nos. 7170506, 7170508, 7220101, 7220103,
7230101, 7230201, and 7230301; that engineering services are needed to
analyze the suitability of the property for industrial development use;
and environmental assurances and development feasibility analysis are
the key elements of the engineering services.
It was further advised that Engineering Services Qualification
Proposals for the site development analysis were publicly advertised on
March 19, 1989, and received on March 31, 1989, from eleven firms; that
interviews were held with ten of the eleven firms that were deemed
qualified; and negotiations were conducted with the engineering firm
which was felt to be the most qualified with project requirements; and
the scope of work to be performed includes:
environmental assurances - drilling approximately
nine monitoring wells to ground water depths as
well as testing of each well,
rezoning assistance,
geotechnical survey - probing for rock and deter-
mination of structural integrity of subsurface
areas of the site,
mapping - aerial photography, boundary survey, and
plat preparation, and
final report - environmental report and development
feasibility analysis (including cost to develop) of
the site.
The City Manager recommended award of an engineering servctes
reimbursement with a cost ceiling contract to Mattern & Craig,
Consulting Engineers, in an amount not to exceed $100,000.00, subject
to approval by the City Attorney; and that $100,000.00 be transferred
within the Capital Project Fund, Capital Reserve - Economic Develop-
merit, Account No. 008-052-9575-9718, to a new Capital Account to be
established by the Director of Finance entitled, Development Property
Evaluation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29588)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 223.)
Mr. Trout moved the adoption of Ordinance No. 29588. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............................................. 7.
NAYS: None ..................................... O.
18'8'
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29589) AN ORDINANCE authorizing the execution of a contract
with Mattern & Craig, Consulting Engineers, to provide engineering ser-
vices in connection with site development analysis on an approximately
140-acre tract of land; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 223.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29589. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .............................
NAYS: None ..................................................... O.
There being no further business, the Mayor declared the meeting
adjourned at 4:55 p.m.
ATTEST:
~'O/i ty Clerk
APPROVED
Mayor~
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 5, 1989
2:00 p.m.
I89
m
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 5, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, R~ular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members James O. Trout, David A. Bowers, Beverly T.
Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser and Mayor Noel C.
Taylor .................................... 6.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
m
ACTION:
ACTION=
BID OPENINGS:
COURTS FACILITY: Pursuant to notice of advertisement for bids for
alterations and additions to the Roanoke Courts Facility, General
District Court, 315 West Church Avenue, said bids to be received by the
City Clerk until 1:30 p.m., on Monday, June 5, 1989, and to be held,
opened and read before the Council at 2:00 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Construction Services of Roanoke,
Inc.
Breakell, Inc.
Acorn Construction, Ltd.
$43,190.00
54,650.00
56,400.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Bowers and adopted.
The Mayor appointed Robert A. Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and-considered separately. He called specific
attention to two requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council, and a matter of actual
litigation.
190
ACT ION:
ACTION:
ACTION:
MINUTES: Minutes of the regular meeting of Council held on
Monday, February 13, 1989; the regular meeting held on Tuesday,
February 21, 1989; the special meeting held on Thursday, February 23,
1989; the regular meeting held on Monday, February 27, 1989; and the
regular meeting held on Monday, March 6, 1989, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ........ 6.
NAYS: None ....... . .......... O.
(Council Member Bowles was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ......... --6.
NAYS: None .........
(Council Member Bowles was absent.)
SCHOOLS-ACTS OF ACKNOWLEDGEMENT: A communication from Council
Member David A. Bowers recommending that William Fleming High School be
recognized for its many scholastic achievements, was before the body.
Mr. Bowers advised that William Fleming High School was recently
recognized by the United States Department of Education as one of 215
schools in the world for its "Excellence in Education"; that two stu-
dents have received scholarship recognition this year; and a staff
member was recognized as "State Counselor of the Year" which indicate a
terrific scholastic year for the school.
Mr. Bowers requested that the matter be referred to the City
Manager for recommendation as to how the City might find an appropriate
method to recognize William Fleming High School for its many achieve-
merits.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be referred to the City
Manager for study, report and reconmmndation to Council. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ......... -6.
NAYS: None ........ -0.
(Council Member Bowles was absent.)
191
ACTION:
ACTION:
ACTION:
ACTION:
PENDING LIST: A list of items pending from July 10, 1978, through
May 22, 1989, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ................ 6.
NAYS: None ........ O.
(Council Member Bowles was absent.)
YOUTH: A report of qualification of Finn D. Pincus as a member of
the Youth Services Citizen Board, to fill the unexpired term of
David J. Prestipino, resigned, ending May 31, 1991, wab before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ............... 6.
NAYS: None .......... O.
(Council Member Bowles was absent.)
HUMAN RESOURCES: A report of qualification of Harold F. Dill as a
member of the Advisory Board of Human Resources for a term ending
November 30, 1992, was before Council.
(See Oath or Affirmation of Office on file in tile City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ........ 6.
NAYS: None .............. O.
(Council Member Bowles was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Martin D. Jeffrey as a member of the Roanoke Neighborhood Partnership
Steering Committee, to fill the unexpired term of Virgil L. Rogers,
resigned, ending November 13, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ........ . ...... 6.
NAYS: None ..............
-0.
(Council Member Bowles was absent.)
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of actual litigation, pursuant to Section
2.1-344 (a) (7), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
192
ACTION:
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of actual
litigation, pursuant to Section 2.1-344 (al (7), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ..... 6.
NAYS: None .......
Oe
(Council Member Bowles was absent.)
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting appropriation of $291,753.00 for the Chapter I Sum~r
Program to provide reading, language arts, and mathematics instruction
for students in targeted schools, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the Chapter I
Summer Program grant is funded with one hundred per cent federal funds
remaining in the Chapter I Winter Program grant; that no local match is
required; and recommending that Council concur in the request of the
School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29§90) AN ORDINANCE to a~nd and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 224.)
Mr. Trout moved the adoption of Ordinance No. 29590. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ......... -6.
NAYS: None ......... O.
(Council Member Bowles was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CITIZENS' SERVICES COMMITTEE: The City Manager submitted a
written report advising that Council approved allocation of Citizens'
Services Committee funding for fiscal year 1986-87 of $362,970.00, pur-
suant to Ordinance No. 28194, adopted on June 9, 1986; that an alloca-
tion of $2,670.00 was included for "Project Respect", a project
sponsored by the Beta Chi Omega Chapter of Alpha Kappa Alpha Sorority,
a national women's service organization; and the main objective of
Project Respect was to implement educational activities for citizens to
decrease the high rate of adolescent pregnancy within Roanoke City
through training seminars, educational workshops, and printed and audio
visual aids.
ACT[ON:
^CT]ON:
193
It was further advised that the Director of Human Resources, who
also serves as Chairman of the Citizens' Services Com~ntttee, was
notified in May, 1988, by the Sorority that activities for Project
Respect had ceased, and requested instructions for disposition of any
unused funds; that the Sorority was advised by the Chairman that unused
funds were to be returned to the City; that a check in the amount of
$1,031.39 was returned to the City in October, 1988 and deposited in
the Citizens' Services Committee Subsidies, Account No. 001-054-5220-
3700, for discussion and determination of re-allocation by the
Committee in 1988-89; and said funds are available for appropriation.
The City Manager recommended that Council approve the allocation
of $1,031.39 to Roanoke Area Ministries for emergency financial
assistance payments to Roanoke City citizens.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29591) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 225.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29591. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor. 6.
NAYS: None-- O.
(Council Member Bowles was absent.)
BUDGET-SOCIAL SERVICES: The City Manager submitted a written
report advising that the State Department of Social Services has allo-
cated $57,500.00 to the City to provide day care services to children
whose parent is employed or in training for employment; that allocation
became available after the beginning of the fiscal year 1988-89 budget;
and allocation provides day care for approximately 170 children at
approximately $147.00 per month per child.
It was further advised that State regulations require that ten per
cent be added to the State allocation and be provided from local funds;
and the City's ten per cent match of $5,750.00 is available in the
Department of Social Services' 1988-89 budget.
The City Manager reconm~nded that $47,500.00 be transferred from
Temporary Employee Wages, Account No. 001-054-5313-1004, to Purchased
Services, Account No. 001-054-5314-3160; that $10,000.00 be transferred
from General Relief, Account No. 001-054-5313-3125, to Purchased
Services, Account No. 001-054-5314-3160; and increase the revenue esti-
mate of $51,750.00 of funds received the State Department of Social
Services Revenue, Account No. 001-020-1234-0683, decrease Revenue
Account No. 001-020-1234-0676 by $45,500.00, and decrease Revenue
Account No. 001-020-1234-0674 by $6,250.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29592)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 225.)
Mr. Musser moved the adoption of Ordinance No. 29592. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
194'
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ................ 6.
NAYS: None ........ O.
(Council Member Bowles was absent.)
HEALTH DEPARTMENT: The City Manager submitted a written report
advising that Mental Health Services of the Roanoke Valley is presently
established and operating a single community services board for the
Counties of Botetourt and Roanoke and the Cities of Roanoke and Salem,
pursuant to Chapter 10, Title 37.1, of the Code of Virginia (1950), as
amended; and the County of Craig has not been a member of a community
services board, and however, Craig County is mandated by State law to
join a community services board.
It was further advised that Craig County has requested represen-
tation on the Board of Mental Health Services of the Roanoke Valley
pursuant to a communication under date of April 19, 1989, from Mr.
Jeffrey Johnson, County Administrator; and Council is requested to
allow Craig County to participate with the Cities of Roanoke and Salem
and the Counties of Botetourt and Roanoke in the program of Mental
Health Services with official representation on the Board of Directors.
The City Manager recommended that Council approve the represen-
tation of Craig County on the Board of Mental Health Services of the
Roanoke Valley, with one representative to serve on said Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#29593) A RESOLUTION approving the participation of the County
of Craig in Mental Health Services of the Roanoke Valley with the
Cities of Roanoke and Salem and the Counties of Botetourt and Roanoke.
(For full text of Resolution, see Resolution Book No. 51, page 226.)
ACTION:
Mr. Garland moved the adoption of Resolution No. 29593. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ........ 6.
NAYS: None ........
(Council Member Bowles was absent.)
HOUSING: The City Manager submitted a written report advising
that the Virginia General Assembly has appropriated $47.5 million
through June 30, 1990, for various housing programs, most to be designed
and administered by the Virginia Department of Housing and Community
Development (DHCD); that the Multi-Family Rehabilitation Loan Program
is one such program, providing a combination of repayable and forgive-
able deferred payment loans for the rehabilitation and upgrading of
substandard multi-family buildings to be occupied by low-moderate
income households; and a total of $6.9 million is available statewide
for local administration of the program.
It was further advised that an application to DHCD for the Multi-
Family Rehabilitation Loan Program has been prepared for submittal;
that the deadline for receipt by the state is June g, 1989; and the
application requests a total of $837,000.00 from the State for the
following uses:
"In conjunction with the existing Rental Rehabili-
tation Program, matching $106,000,00 previously
allocated to the City by HUD. In this program, the
Roanoke Redevelopment and Housing Authority will
loan Rental Rehab funds from HUD for a portion of
the renovation of approximately 20 substandard ren-
195
A(;TION:
tal units. Up to $212,000.00 in funds from DHCD
via the application will be loaned by the State at
six per cent interest for the balance of the reha-
bilitation.
In coordination with concentrated code enforcement
activities in specific areas to be selected by
Council. Program funds will be loaned by the State
to owners of substandard properties found via code
inspections. The interest rates on these loans
will range from two per cent to eight per cent,
depending on the amount of the rehabilitation work
paid directly by the owner. The requested
$625,00.00 will provide for the renovation of
approximately 50 units concentrated in 2 - 3
targeted areas."
It was pointed out that administration of the loan funds from the
State will be handled cooperatively by the City and the Redevelopment
and Housing Authority; and DHCD requests Council's endorsement of the
application proposed to be submitted.
The City Manager recommended that Council endorse the application
for the Multi-Family Rehabilitation Loan Program to be submitted to the
Department of Housing and Community Development.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#29594) A RESOLUTION authorizing the filing of an application
with the Department of Housing and Community Development for an alloca-
tion of certain state funds to be used in the City's Multi-Family
Rehabilitation Loan Program.
(For full text of Resolution, see Resolution Book No. 51, page 227.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29594. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ............... 6.
NAYS: None ....... O.
(Council Member Bowles was absent.)
DIRECTOR OF FINANCE:
BUDGET: The Director of Finance submitted a written report
advising that the City's Internal Service Fund accounts for certain
service-providing departments; and the service-providing departments
within the Internal Service Fund recover the costs of providing the
services by charging the receiving departments.
It was further advised that budgeted funds for internal services
were allocated in the current fiscal year budget throughout the various
departments based on estimated usage; that usage has varied from the
original estimates; that it is necessary to make appropriation trans-
fers between several departments to provide sufficient funds for inter-
nal services for the remainder of the fiscal year; and these transfers
will not increase the original overall budget, only reallocate amounts
between departments.
Mr. Schlanger recommended that Council adopt a proposed budget
Ordinance which would accomplish the needed transfers.
(For full text, see report on file in the City Clerk's Office.)
196
ACTION:
ACTION:
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29595)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 228.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29595. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ................... 6.
NAYS: None ............. O.
(Council Member Bowles was absent.)
REPORTS OF COI,~IITTEES:
RADIO-TELEVISION: Council Member Howard E. Musser, Chairman of
the Roanoke Regional Cable Television Committee, presented a written
report advising that the current cable television franchisee in each of
the Jurisdictions, Cox Cable of Roanoke, Inc., has requested a renewal
of the existing franchises; and the Committee has reviewed the request
and has determined that the services of a cable television consultant
would be beneficial.
It was further advised that the specific services to be provided
by the consultant include provision of a full written evaluation of the
current operator's compliance with franchise laws, quality of service,
financial, legal and technical ability, and ability to meet future com-
munity needs and interests; that the consultant will conduct one or
more public hearings as well as individual fact gathering meetings
with school officials and public agency officials to determine com-
munity needs and franchise compliance; review the current renewal pro-
posal by Cox Cable Roanoke, Inc., and provide a revised document for
review and submittal to the company, and thereby provide technical,
financial, and legal support in the negotiation process, with the final
written report, with presentation to be provided within 150 days of the
date of contract.
The Committee recommended execution of a contract with O. D. Page,
P. E., to provide consultant services in connection with the proposed
cable television franchise renewal, with a projected contract cost of
$28,930.00; that the cable company has agreed to reimburse the Juris-
dictions up to $20,000.00; that remaining cost to the Jurisdictions is
$8,930.00, which is proposed to be allocated in accordance with the
percentage of cable television subscribers as follows: City of Roanoke
- $5,358.00 (sixty per cent of subscribers), Roanoke County - $2,g47.00
(thirty-three per cent of subscribers), and Town of Vinton - $625.00
(seven per cent of subscribers).
The City Manager submitted a written report concurring in the
recon~nendation of the Roanoke Regional Cable Television Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#29596) AN ORDINANCE authorizing the execution of a contract
with O. D. Page, P. E., to provide consultant services in connection
with the proposed cable television franchise renewal; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 229.)
Mr. Musser moved the adoption of Ordinance No. 29596. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor ............. .6.
NAYS: None ....... ,0.
(Council Member Bowles was absent.)
197
ACTION:
ACTION:
Mr. Musser moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Bowers and adopted.
SEWERS AND STORM DRAINS: Council Member Howard E. Musser, Vice-
Chairman of the Water Resources Con~nittee, presented a written report
on behalf of the Committee, advising that an easement for a sanitary
sewer extending in a north-south direction through the block on the
east side of Willtamson Road immediately south of Hershberger Road,
N. W., was established in 1936 and recorded in Deed Book 256, page 497;
that no specific width of easement was given; and the subject property
is currently the location of a vacant fast food restaurant.
Staff reports pointed out that Rally's Restaurant desires to raze
the old restaurant structure and build a new structure closer to
Williamson Road; that the new location of the structure will be
directly over the existing sanitary sewer line; that Rally's Restaurant
desires to abandon the existing sanitary sewer easement, relocate the
sanitary sewer line, at its expense, and dedicate a new 15 foot sani-
tary sewer easement across the site to contain the relocated sewer line
in a location not affected by the new structure; and Council's authori-
zation is needed for dedication of the new easement to be conditioned
upon approval of site development plans by appropriate City officials.
The Water Resources Committee recommended that Council authorize
the relocation of a sanitary sewer line on property of Rally's
Hamburgers at 4815 Williamson Road, N. W., subject to certain con-
ditions.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29597) AN ORDINANCE authorizing the relocation of a sanitary
sewer line and vacation of an existing sanitary sewer easement upon
real property located in the City known as 4815 Williamson Road, N. W.,
and bearing Official Tax No. 2170138, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 230.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor .............. 6.
NAYS: None .............. O.
(Council Member Bowles was absent.)
BUDGET-SEWERS AND STORM DRAINS: Council Men, er Robert A. Garland,
Chairman of a conmittee appointed by the Mayor to tabulate bids
received for construction of the Williamson Road Storm Dratn Stormwater
Retention Basin, Phase II, Contract I-D, presented a written report on ·
behalf of the committee recommending that Council authorize the
following:
Award a unit price contract to H. T. Bowling, Inc.,
in the amount of $527,233.00 and 270 consecutive
calendar days, subject to approval by the City
Attorney.
Establish a contingency of $52,723.30, for a total
project construction cost of $579,956.30.
Transfer $579,956.30, from Public Improvement
Bonds - Series 1988, Account No. 008-052-9603-9176,
to Account No. 008-052-9622-9060, Williamson Road
Retention Basin.
Reject all other bids received.
198
ACTION:
ACTION:
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr, Garland offered the following emergency budget Ordinance:
(#29598)
the 1988-89
emergency.
AN ORDINANCE to amend and reordatn certain sections of
Capital Fund Appropriations, and providing for an
(For ~ull text of Ordinance, see Ordinance Book No. 51, page 229,)
Mr. Garland moved the adoption of Ordinance No. 29598. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor .......... 6.
NAYS: None ........ O.
(Council Member Bowles was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29599) AN ORDINANCE accepting the bid of H. T. Bowling, Inc.,
for construction of Williamson Road Storm Drain Stormwater Retention
Basin, Phase II, Contract I-D, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 230.)
Mr. Garland moved the adoption of Ordinance No. 29599. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland, Musser
and Mayor Taylor .......... -6.
NAYS: None ....... O.
(Council Member Bowles was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NDNE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE,
OTHER HEARINGS OF CITIZENS: NONE.
At 2:30 p.m., the Mayor declared the meeting in recess.
At 4:00 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowles.
CELEBRATIONS: The Mayor advised that there was a vacancy on the
Special Events Committee, created by the resignation of Kathryn K.
Buchanan, for a term ending June 30, 1990, and called for nominations
to fill the vacancy.
Mr. Garland placed in nomination the name of Mary E. Kepley.
There being no further nominations, Mary E. Kepley was elected as
a member of the Special Events Conmnittee for a term ending June 30,
1990, by the following vote:
199
ACTION: FOR MS. KEPLEY: Council Members Trout, Bowers, Fitzpatrick,
Garland, Musser and Mayor Taylor ............... 6.
(Council Member Bowles was absent.)
HOUSING: The Mayor advised that there was a vacancy on the Fair
Housing Board, created by the resignation of Lelia O. Bryant, for a
term ending March 31, 1991, and called for nominations to fill the
vacancy.
Mr. Garland placed in nomination the name of G. David Nixon.
There being no further nominations, G. David Nixon was elected as
a member of the Fair Housing Board, to fill the unexpired term of
Lelia D. Bryant, resigned, ending March 31, 1991, by the following
vote:
ACTION: FOR MR. NIXON: Council Members Trout, Bowers, Fitzpatrick,
Garland, Musser and Mayor Taylor ............... 6.
(Council Member Bowles was absent.)
There being no further business, the Mayor declared ~he meeting
adjourned at 4:05 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
m
2OO
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 12, 1989
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 12, 1989, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor ........ 7.
ABSENT: None ........... O,
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney;
Katherine H. Jones, Assistant City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend John Ratledge,
Retired Minister.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
HENRY STREET REVITALIZATION-TOTAL ACTION AGAINST POVERTY IN THE
ROANOKE VALLEY, INC.: Mr. E. Cabell Brand, President of the Board of
Directors, Total Action Against Poverty in the Roanoke Valley, Inc.
(TAP), appeared before Council and presented a resolution adopted by
the City of Roanoke Redevelopment and Housing Authority transferring
the Dumas Hotel in the Henry Street area to TAP. He also presented
copy of an editorial which expressed his views on the Focus '89 deve-
lopment. He advised that the Henry Street Project is a community
effort; that TAP was fortunate to obtain a grant from the Federal
Government, in the amount of $600,000.00, to rehabilitate the former
Dumas Hotel for a proposed Music Center, and TAP was successful in
obtaining several delays in order to meet certain needs of the City.
He called attention to a plan to locate the Music Center in the former
Dumas Hotel which is structurally, a better building and will border
upon and be an integral part of the Focus '89 project. He advised of
the inauguration of the Henry Street development on June 20, 1989, at
5:15 p.m., and extended an invitation to the Members of Council to
attend the activity which will represent the first step of the revita-
lization of Henry Street. He expressed appreciation to the Members of
Council and to City staff for their assistance in connection with the
Music Center Project.
BID OPENINGS:
UTILITIES: Pursuant to notice of advertisement for bids for roof
replacement at the Utility Lines Building, 3447 Read Road, N. E., said
bids to be received by the City Clerk until 4:30 p.m., on Monday,
June 12, 1989, and to be held, opened and read before the Council at
7:30 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed -the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
MAIN BUILDING ROOF SURFACE
BIDDER ROOF 1 & 2
Construction Industrial
Roofing, Inc.
Valley Roofing Corp.
$10,339.00 $4,763.00
10,695.00 4,345.00
im
ACTION:
ACTION:
ACTION:
ACTION:
201
Mr. Musser moved that the bids be referred to a coff~ntttee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as members of the con~ntttee.
PARKING GARAGE: Pursuant to notice of advertisement for bids for
the lease of approximately 3,000 square feet of retail space and an
additional storage area within the Market Square Parking Garage on
Campbell Avenue, S. W., said bids to be received by the City Clerk
until 5:00 p.m., on Monday, June 12, 1989, and to be held, opened and
read before the Council at 7:30 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the sole bid of Orvts, Inc., representing rent for year one
(1992) at $30,000.00 plus the CPI index for that year and each suc-
ceeding year, plus the sales percentage rent per lease, if applicable.
Mr. Musser moved that the bid be referred to a committee to be
appointed by the Mayor for study, report and recommendation'to Council.
The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as members of the committee.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 12, 1989, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Ms. Crystal L. Custer to
amend certain conditions proffered in conjunction with the rezoning of
property located at 2920 Sweetbriar Avenue, S. W., identified as
Lots 4 - 6, respectively, C. F. Kefauver Map, Official Tax Nos.
1651004 - 1651006, respectively, which rezoning was accomplished by
Ordinance No. 29455, adopted by the Council on February 21, 1989, the
matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 26,
1989 and Friday, June 2, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to permit those uses allowed in the C-1
zone, more particularly, medical or professional office use, subject to
certain proffered conditions of the original rezoning request which was
filed on December 12, 1988; that an amended petition to rezone in order
to change the conditions proffered under the original rezoning was sub-
mitted on April 12, 1989; that a third amended petition was filed on
May 9, 1989, which amendment specifically identified two storage struc-
tures to be removed; and Mr. Bob Sheffler appeared before the Planning
Commission on Wednesday, May 3, 1989, on behalf of the petitioner and
explained that the request to amend the proffered conditions was a
result of the desire of the new owner to renovate and re-use the
existing structure, and the new owner was desirous of retaining two of
the four existing storage structures, was before Council.
The City Planning Commission recommended that the request for
amendments be approved, advising that the petitioner has demonstrated a
desire to insure minimal impact on the neighborhood by preserving the
existing vegetation, reusing the existing structure and providing extra
buffering; and given the land use and the zoning patterns along
Sweetbriar Avenue, S. W., and the adjoining zoning patterns along
Brambleton Avenue, the proposed amendments to the conditions are
reasonable.
(For full text, see report on file in the City Clerk's Office.)
202
ACTION:
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29600) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the
City of Roanoke 11979), as amended, and Sheet No. 165, Sectional 1976
Zone Map, City of Roanoke, in order to amend certain conditions pre-
sently binding upon certain property previously conditionally rezoned
from RS-3, Residential Single Family District, to C-1, Office District.
(For full text of Ordinance, see Ordinance Book No. 51, page 240.)
The motion was seconded by Mr. Garland.
The Mayor inquired if there were persons present who would like to
address Council with regard to amending the proffered conditions.
There being none, Ordinance No. 29600 was adopted, on its first
reading, by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....... 7.
NAYS: None ......
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 12, 1989, at 7:30 p.m,, or as soon thereafter
as the matter may be heard, on the request of Mr. David Youngblood that
a tract of land located at 907 Winona Avenue, S. W., containing .16
acre, more or less, identified as Official Tax No. 1222017, be rezoned
from RM-1, Residential Multi-Family, Low Density District, to CN,
Neighborhood Commercial District, subject to certain conditions prof-
fered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 26,
1989 and Friday, June 2, '1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to permit the construction of a two-
story structure to contain a photography studio on the first floor and
an apartment on the second floor, was before Council.
The Planning Commission recommended that the request for rezoning
be approved, advising that the rezoning would enable an existing busi-
ness to remain in the area; that the proposed use of the property is
reasonable given the amount of commercial use already occurring in the
neighborhood; and the development will encourage appropriate infill
development which is sensitive to existing neighborhood environment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
ACTION:
(#29601) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 122, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 241.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29601 was adopted, on its first reading, by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Musser, Trout and Mayor Taylor .......
Garland,
NAYS: None ....... O.
203
ZONING: Pursuant to Resolution No. 25523 adopted by the Counctl
on Honday, Apr11 6, 1981, the City Clerk having advertised a publlc
hearing for Monday, June 12, 1989, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Mr. John D. Fraltn that a
tract of land containing 0.81 acre, more or less, located tn the 2900
block of Epperly Avenue, N. N., identified as Block 1, Lots 19 - 21,
respectively, Offtcial Tax Nos. 2160612- 2160614, respectively, being
one lot behind Nilltamson Road, N. W., be rezoned from RS-3, Residen-
tial Single Family District, to RM-2, Residential Multi-Family, Medium
Density District, subject to certain conditions proffered by the peti-
tioner, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 26,
1989 and Friday, June 2, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to permit construction of a multi-
family dwelling, was before Council.
The Planning Commission recommended that the request for rezontng
be approved, advising that the proposed rezoning provides a good tran-
sition between commercial use to single family use; and also addresses
the need to provide a variety of housing choices in an existing neigh-
borhood and encourages appropriate inftll development which is sen-
sitive to existing neighborhood environment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
I!
ACTION:
"AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 216, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain
conditions proffered by the applicant."
The motion was seconded by Mr. Trout.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning; whereupon, Ms.
Linda Whitenack, 4103 Greenlawn Avenue, N. W., referred to a petition
signed by seven persons in her neighborhood objecting to the proposed
rezoning, which petition was filed with the City Planning Commission.
She called attention to problems associated with water pressure, sewer
lines, rats from a dumpster at a restaurant located at 4206 Wtlliamson
Road, N. W., loss of privacy for people on Ravenwood Avenue as a result
of the two story townhouses, and inadequate off street parking. She
advised that while residents realize that single family development may
not be practical because of businesses already in existence, they would
ask that no more than three duplexes be constructed. She requested
that Council deny the petition for rezoning presently under con-
sideration.
Following discussion of the matter and inasmuch as Members of
Council had not been furnished with a copy of the petition in opposi-
tion to the rezoning, Mr. Bowers offered a substitute motion that the
matter be referred back to the City Planning Commission for a full
report addressing the abovestated concerns of Ms. Whitenack. The
motion was seconded by Mr. Trout and unanimously adopted.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 12, 1989, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Mr. and Mrs. William D.
Roe, Jr., that two parcels of land located on Hawthorne Road, N. W.,
identified as Lots 4A and 5A, containing 0.253 and 0.217 acre, respec-
tively, Official Tax Nos. 2190408 and 2190409, be rezoned from RS-3,
Residential Single Family, Medium Density District, to RM-1, Residen-
tial Multi-Family, Low Density District, subject to certain conditions
proffered by the petitioners, the matter was before the body.
204
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 26
1989, and Friday, June 2, 1989. '
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to permit the construction of a new
duplex on the lot described as Official Tax No. 2190409 and to rezone
the existing duplex on the lot described as Official Tax No. 2190408 to
reflect the current land use, was before Council.
The Planning Commission recommended that the request for rezontng
be approved, advising that the proposed rezoning addresses several
needs set forth in the Comprehensive Plan including the need to provide
a variety of housing choices in existing neighborhoods and to encourage
appropriate infill development which is sensitive to existing neigh-
borhood environment; and the proffered conditions restricting the
exterior appearance of the structure and location of off-street parking
would help preserve the single family character of the area.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29602) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 219, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 242.)
The motion was seconded by Mr. Garland.
Mr. William D. Roe, Jr., appeared before Council in support of his
request.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29602 was adopted, on its first reading, by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ -7.
NAYS: None .........
O®
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 12, 1989, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Mr. and Mrs. Bill Laferty
that a tract of land lying at the northwesterly intersection of
Shenandoah Avenue and 30th Street, N. W., being 502 - 30th Street,
identified as Official Tax No. 2520114, be re~oned from LM, Light
Manufacturing District, to NM, NeavyManufacturi)~g District, subject to
certain conditions proffered by the petitioners, the matter was before
the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 26,
1989, and Friday, June 2,' 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to conduct an automobile recycling
yard, including associated retail sale and storage facilities, was
before Council.
The Planning Commission reconmmnded that the request for rezoning
be approved, advising that the Commission felt that there was other
property in the area zoned HM and other concerns would be taken care of
during site plan review and Board of Zoning Appeals approvals.
(For full text, see report on file in the City Clerk's Office.)
205
ACTION:
ACTION:
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
"AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(19197, as amended, and Sheet No. 252, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain
conditions proffered by the applicant."
The motion was seconded by Mrs. Bowles.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning; whereupon, Mr.
Herbert D. McBride, Executive Director, City of Roanoke Redevelopment
and Housing Authority, advised of concerns of the Housing Authority as
to the impact of the proposed rezoning on the Shaffers Crossing
Industrial Park. He further advised of a concern insofar as the
Lansdowne Park Housing project which is immediately adjacent to the
proposed rezoning and houses approximately 300 families. He pointed
out that along 30th Street, in the last several years, a "hodgepodge"
of development has occured such as Junk yards, car repairs on City
streets, lounges and other uses that are not condusive to a nice
neighborhood. In addition, he stated that the concern of the Housing
Authority has been that the area remain a good neighborhood and the
Authority likewise has invested approximately $120,000.00 in the last
several months to create a park directly across the street in order
for Lansdowne residents to have a recreational area immediately adja-
cent to the library; and major renovations have been made to the
Lansdowne Housing Project in order to keep the facility up to stan-
dards, as well as a desirable place to live. He expressed concern over
the visual impact of the project for Shenandoah Avenue, advising that
Shenandoah Avenue is a major east-west thoroughfare which carries con-
siderable traffic and will become a more important thoroughfare as
Design '89 and other major improvements take place. He requested that
the owners of the property and their attorney make a presentation to
the Board of Co~missioners of the Housing Authority in order that the
Authority may determine the true impact on the Lansdowne Park Housing
development, and that Council delay action on the request, and refer
the matter back to the City Planning Con~nission for further study and
report.
Following discussion of the request for rezoning, Mr. Bowers
offered a substitute motion that the matter be referred back to the
City Planning Con~nlsston for further study, report and recommendation
to Council, and with the understanding that the Board of Commissioners
of the City of Roanoke Redevelopment and Housing Authority will receive
a briefing in order to determine the true impact on the Lansdowne Park
Housing project as a result of the proposed rezoning. The motion was
seconded by Mr. Garland.
Mr. Michael K. Smeltzer, Attorney, representing the petitioners,
appeared before Council and advised that his clients own the property
in question which consists of 4.2 acres and is zoned Light Manufactur-
ing. He further advised that Mullins Used Car Parts currently lease
part of the property on which they intend to singlehandedly make an
economic development statement of approximately $300,000.00 in the area
by purchasing the property from Mr. Laferty if it is successfully
rezoned. He stated that there has been an adequate opportunity by the
Housing Authority to review the proposed rezoning; that Mr. Mullins is
willing to develop the property and asked that he not be blamed for the
present condition of the neighborhood. He explained that a proposed
eight foot tall metal fence would have the effect of screening not only
the property in question, but the adjacent property as well which is a
true junk yard. He called attention to proffers to the rezoning, one
of which would permit Mr. Mullins to operate a recycling area in an
orderly fashion under stringent controls which would meet the criteria
in the proffered conditions to rezoning, as well as certain criteria
established by the Board of Zoning Appeals. He stated that the pro-
posed use would not be a detriment to the neighborhood, but would clean
up an existing eyesore. He explained that Mr. Mullins had offered a
solid plan and encouraged Council to think of it in that fashion.
Following further discussion of the matter, the substitute motion
offered by Mr. Bowers, seconded by Mr. Garland was unanimously adopted.
206
ACTION:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 12, 1989, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of the Harold B. Alexander
and Ann P. Alexander Trust that a tract of land containing 5.204 acres,
situated between U. S. Route 460 and King Street, N. E., identified as
part of the tract designated as Official Tax No. 7090501, be rezoned
from RS-3, Residential Single Family District, to RM-2, Residential
Multi-Family, Medium Density District, subject to certain conditions
proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 26,
1989, and Friday, June 2, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to allow the construction of Phase II,
Hickory Woods Apartments, on a 5.204 acre tract of land, which would be
combined with Phase I, Hickory Woods Apartments; and Phase I was deve-
loped on a 12.506 acre tract of land contiguous with the proposed
rezoning.
The Planning Commission recommended that the request for rezoning
be denied, advising that although the proposed development addressed
several objectives of the Comprehensive Plan related to housing needs
and neighborhood sensitivity, the Commission felt that the conditions
of rezoning as originally presented did not sufficiently address the
concerns of the neighbors or the Commission.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29603) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 243.)
The motion was seconded by Mr. Trout.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning; whereupon, Mr.
Patrick D. Rhodes, 3258 Richard Avenue, N. E., advised that residents
of the area concur in the recommendation of the City Planning
Commission to deny the request for rezoning. He called attention to
Phase I of the Hickory Woods housing development and cited problems
with regard to dust due to construction blasting which, in turn, has
caused breathing problems for elderly citizens, and water in the base-
ments of nearby homes which also occurred as a result of the blasting.
He stated that multiple family dwellings constructed under Phase I are
an eyesore, and advised that the view from his oackdoor is like looking
at a wall of concrete blocks. He asked that Council deny the request
for rezoning.
Ms. Linda H. Mann, 3334 King Street, N. E., appeared before
Council and advised that she lives beside the property proposed to be
rezoned. She stated that when she purchased her property, she was
informed that it was zoned for single family homes, and spoke in favor
of retaining the single family zoning classification. She added that
she was not informed that the property to the rear of her property had
been rezoned for apartments. She stated that when the apartments were
constructed, all of the trees were removed which has caused extremely
muddy conditions during and after heavy rains, and each time it rains
she has to shovel mud out of her driveway. Additionally, she pointed
out that if more apartments are Constructed, the problem would be com-
pounded. She stated that the Hickory Woods complex is not maintained
and the lawn is rarely mowed, and called attention to the unsightly
condition of concrete pipes which have been placed on top of the
ground. She asked that Council deny the request for rezoning for
Phase II of Hickory Woods Apartments.
207
Mr. Clarence E. Spradlin, 3218 Richard Avenue, N. E., appeared
before Council and reiterated the remarks made by Mr. Rhodes and Ms.
Mann. He advised that the neighborhood is composed of retired persons
who enjoy maintaining their homes and complained about construction
dust from Hickory Woods, Phase I, and debris from building products and
articles left by workmen. He also complained that the grass is rarely
cut, and asked that Council deny the request for rezoning for Phase II
of the apartment complex.
Mr. M. Christian Orndorff, Attorney, representing the petitioners,
appeared before Council and presented an artist rendition of the
current Hickory Woods apartment project which shows the structure with
certain changes that are anticipated to be constructed under Phase II.
He stated that the proposed rezoning would provide both human benefit
as well as benefits to the economy of the City of Roanoke. He
explained that Hickory Woods consists of 144 units which are one
hundred per cent occupied, with a waiting list. He explained that the
property is assessed for improvements at $4,215,000.00 and produces
$52,687.00 annually in real estate taxes, not including real estate
taxes on the land. He advised that development of Phase II of the
Hickory Woods apartments would consist of 72 units which is intended to
meet the need for additional housing in that particular area of the
City, and in light of the expanded commitment of the City to the
Roanoke Centre for Industry and Technology, the additional housing
units will provide affordable housing to those persons employed at the
industrial complex. He added that Phase II of the project is estimated
to have an assessed value of improvements at $2,107,440.00 and generate
$26,343.00 annually in real estate taxes. He advised that he had
attempted to deal directly with the concerns of the City Planning
Commission by providing a full concept plan for the entire 30 acre
tract of land and a reversionary clause on the rezoning which were
included as proffers in the petition to rezone. He explained that he
had made himself available to respond to concerns of persons residing
in the neighborhood but had received no response until this time.
Mr. Orndorff called attention to certain time constraints on
financing of the project through the Virginia Housing Development
Authority (VHDA) for 72 units which was subject to rezoning of the
property, advising that out of 31 applications, the Hickory Woods pro-
ject was approved by VHDA, contingent upon rezoning of the tract of
land, and on March 9, 1989, VHDA sent a letter to the Council
requesting approval of the project. He advised that based on time
constraints, he was concerned that funding for the project might not be
available, therefore, he was requesting that Council approve the
rezoning and respond to VHDA with regard to the proposed 72 unit pro-
ject accordingly.
Following discussion relative to drainage problems alluded to by
residents of the area, Mr. Orndorff advised that it was his desire to
be a good neighbor and he wished to address the concerns of residents.
He stated that he would be pleased to meet with the Wildwood Civic
League and individual residents to address concerns and act accor-
dingly.
Ms. Mann stated that she had complained to the Manager of Hickory
Woods, as well as to City representatives on several occasions with
regard to the drainage problems, advising that storm water comes
straight down a temporary road which was used by heavy vehicles during
the construction period onto King Street; that grass has been planted,
but the problem has not been alleviated. She stated that Phase I of
Hickory Woods has been in existence for over a year; that the owners
have not been willing to take care of the problems and now they want to
come forth and work with the neighborhood because they wish to proceed
with Phase II of the development.
Mr. Dewey A. Creasy, 3242 Richard Avenue, N. E., appeared before
Council and advised that there was considerable blasting in connection
with Phase I of Hickory Woods. He stated that it was his understanding
that under the proposed rezontng, drainage was supposed to flow to
Route 460, but instead the proposal was changed and storm drainage now
flows to King Street, N. E.
Mr. John Parker, representing T. P. Parker and Son, Engineers and
Surveyors, appeared before Council and advised that a detention pond
was constructed on the property so that water run-off would be mini-
mized, with the majority of run-off going toward Route 460. He stated
that a construction road was established from King Street at the time
2O8
ACTION:
of construction before the main entrance was cut into Orange Avenue.
Ne added that he had not visited the area since the main entrance was
cut in from Orange Avenue, and did not know if the contractor had
complied with the City's erosion and sediment control regulations which
require that all disturbed areas be seeded within a certain period of
time. Ne explained that the majority of water would be taken to a
storm water detention basin and then carried down toward Orange Avenue.
He advised that all of the traffic flow from the project would tie in
to existing Hickory Woods Drive and innersect at Seibel Drive along
paved streets. During construction, he stated that every tree that
could be saved was preserved.
Mr. Orndorff advised that in terms of Virginia Housing Development
Authority funding, he was looking at June 12 as the date for a decision
by Council on the rezoning of the property; that regardless of the out-
come of Council's decision, he would like to meet with the residents to
determine their areas of concern and take corrective action; however,
terms of the project presently under discussion and financing by VHDA,
he pointed out that a decision needed to be made as expeditiously as
possible. He advised of his willingness to make an additional proffer
to correct the drainage problem on King Street, as well as proper main-
tenance of the lawns.
Following discussion of the matter and concerns expressed by resi-
dents of the area, Council requested that the City Attorney appro-
priately phrase Mr. Orndorff's proffer to the rezoning; whereupon, the
City Attorney~offered, the following language for Council's considera-
tion and Mr. urndorff s approval; "Hickory Woods Apartments, Phase II,
shall be constructed so that storm water retention shall be provided on
site and in further compliance with all erosion and sediment control
and other ordinances of the City."
Mr. Orndorff concurred in the proffered condition as stated by the
City Attorney.
Mr. Bowers moved that Ordinance No. 29603 on its first reading, be
amended to include the abovestated proffered condition. The motion was
seconded by Mr. Trout and unanimously adopted.
Ordinance No. 29603, on its first reading, as amended, was adopted
by the following vote:
AYES: Council Members Bowers,
Musser, Trout and Mayor Taylor .......
NAYS: None ......
Bowles, Fitzpatrick, Garland,
7.
-0.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately.
TAXES: A report of the Director of Finance with regard to local
tax revenue generated from the Valley View Mall development, advising
that from all available records, the following local taxes come
directly from 126 merchants currently at Valley View Mall was before
Council. '
209
Real Estate Tax
Personal Property Tax
Business & Occupational Licenses
Meal s Tax
Utility Tax:
Electric
Telephone
Local Tax
Surcharge
911
Gas
Water
Admission' s Tax
Sales Tax (Local 1% option)
$1,000,705.00
218,860.00
319,205.00
448,000.00
$101,000.00
28,536.00
4,210.00
1,606.00
8,216.00
5,000.00 148,568.00
60,631.00
1,468,040.00
ACTION:
Total Local Taxes $3,664,009.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the report be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser and Mayor Taylor ......... 6.
NAYS: None ........... O.
(Council Member Trout was out of the Council Chamber.)
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SPECIAL PERMITS-UNITED WAY: The City Manager submitted a written
report advising that Council has granted permission to various civic
groups in the past to hang flags from street lighting poles within the
Downtown area; and by letter dated May 9, 1989, Ms. Charity L. Myerly,
Con~nunications Director of United Way of Roanoke Valley, has requested
permission to fly three feet by five feet United Way flags from street
lighting poles in the Central Business District.
The City Manager recommended that Council grant permission to the
United Way of Roanoke Valley to hang flags from street lighting poles
in the Central Business District of the City from September 5, 1989,
through September 26, 1989.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29604) AN ORDINANCE granting to the United Way of Roanoke
Valley, Inc., a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cero
rain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 244.)
The motion was seconded by Mrs. Bowles and adopted by the
following vote:
210
AYES: Council Members Bowers,
Musser, Trout and Mayor Taylor .......
NAYS: None ........
Bowles, Fitzpatrick, Garland,
7.
.0.
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that the Williamson Road Storm Drain Study was
awarded to Mattern & Craig, P. C., on July 25, 1981; that the study
report was finalized in September, 1982; that an engineering design
agreement for study area Phase I was awarded to Mattern & Craig, P. C.,
on February 28, 1983; that an engineering design agreement for study
area Phase II was awarded to Mattern & Craig, P. C., on August 12,
1985, in an amount not to exceed $753,300.00; that Change Order No. 1,
dated December 11, 1986, added a charge rate to the contract for
Computer Assisted Design and Drafting (CADD); and no increase in the
contract amount was required by the change order.
It was further advised that Council's approval is needed for
Change Order No. 2 to the contract with Mattern & Craig, P. C.,
Consulting Engineers, in the amount of $35,700.00; that scope of the
consultant contract provided for payments to Mattern & Craig based upon
actual time spent on the work; and cost savings were realized during
the design and construction phases, but new ideas required some rede-
sign that resulted in increased cost for engineering services.
The City Manager recommended that Council approve Change Order
No. 2, in the amount of $35,700.00, to the contract with Mattern &
Craig, P. C.; and authorize the Director of Finance to transfer
$35,700.00 from Public Improvement Bonds - Series 1988, Storm Drains,
Account No. 008-052-9603-9176, to Williamson Road Storm Drain
Engineering Services, Account No. 008-052-9551-9001.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29605) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Capital Fund Appropriations, and providing for an
emergency.
ACTION:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 231.)
Mrs. Bowles moved the adoption of Ordinance No. 29605. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ .7.
NAYS: None .......
Mrs. Bowles offered the following emergency Ordinance:
(#29606) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 2 to the City's contract with Mattern & Craig,
Consulting Engineers, for services performed in connection with the
Williamson Road Storm Drain and Sanitary Sewer Projects; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 232.)
Mrs. Bowles moved the adoption of Ordinance No. 29606. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ -7.
NAYS: None .......
-0,
REFUSE COLLECTION: The City Manager submitted a written report
advising that an assignment contract authorized by the City of Roanoke,
Roanoke County, the Town of Vinton, and the Roanoke Valley Regional
Solid Waste Management Board with Olver, Inc., for landfill site analy-
sis requires that all change orders in excess of $10,000.00 be approved
211
m
ACTION:
ACTION:
by the Landfill Board and all political jurisdictions prior to
authorizing payment; that the Landfill Board informally concurred in a
report by Roanoke County to have Olver, Inc., conduct preliminary site
evaluation on a sixth site, known as Site No. 44; that cost was antici-
pated to be less than $10,000.00, and the consultant was notified to
proceed; that the actual amount of the change order was $15,794.55; and
the Landfill Board approved the request on May 10, 198g, pursuant to a
communication from the Chairman under date of May 12, 1989.
The City Manager recommended that Council approve the issuance of
a change order by Roanoke County, in an amount not to exceed
$15,794.55, to Olver, Inc., for landfill site evaluation of Site
No. 44.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29607) AN ORDINANCE approving a change order to the contract
with Olver, Inc., for landfill site analysis, upon certain terms and
conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 232.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29607. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor-- .7.
NAYS: None .... ' ........O.
PUBLIC WORKS: The City Manager submitted a written report con-
curring in a report of a bid committee with regard to alterations and
additions to the Signals and Alarms Department at the Public Works
Service Center.
The bid committee recommended that Council accept the bid of
Construction Services of Roanoke, Inc., in the total amount of
$16,286.00 and 90 consecutive calendar days; and reject the other bid
received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29608) AN ORDINANCE accepting the bid of Construction Services
of Roanoke, Inc., for repair and renovation of the Signals and Alarms
area of the Public Works Service Center, upon certain terms and con-
ditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 233.)
~r. Fitzpatrick moved the adoption of Ordinance No. 29608. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor. 7.
NAYS: None .... O,
FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the City has been
designated as the grant recipient of funds under the Job Training
Partnership Act; that by agreement of the localities in the Fifth
Planning District, the City acts as fiscal depository of all Consortium
funds; and the Fifth Planning District has been designated as a service
delivery area by the Governor of Virginia.
212
ACTION:
It was further advised that the Governor's Employment and Training
Department requires that an agreement be executed by the Policy Board
of the Fifth District Employment and Training Consortium, the Private
Industry Council and the City, as the depository of the funds; and
before the City can enter into the agreement, authority must be
obtained from Council.
The City Manager recommended that he be authorized to sign the
agreement for program year 1989 - lg90.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29609) AN ORDINANCE authorizing the execution of an agreement
by and between the City, the Governor's Employment and Training
Department, the Fifth District Employment and Training Consortium, and
the Fifth District Employment and Training Consortium's Industry
Council; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 233.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29609. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........... 7.
NAYS: None ......... O.
BUDGET-HENRY STREET REVITALIZATION-STATE HIGHWAYS: The City
Manager submitted a written report advising that on April 13, 1987,
Council requested the Virginia Department of Transportation (VDOT) to
program projects for roadway widening and realignment to include Wells
Avenue, N. W., from Williamson Road to First Street, First Street/
Gainsboro Road from Madison Avenue, N. W., to Salem Avenue, S. W., and
the intersection of Orange Avenue and Gainsboro Road; that on July 27,
1987, Council authorized agreements with the Highway Department by
which the City would assume responsibility for administering all
aspects of the First Street/Gainsboro Road and Wells Avenue projects;
and project funding would be the normal 95 percent VDOT and five per-
cent City cost-sharing basis.
It was further advised that on December 21, 1987, Council awarded
an engineering services reimbursement with a cost ceiling contract to
Mattern & Craig, Consulting Engineers, in an amount not to exceed
$1,002,342.24 and appropriated $50,117.00 for payment of invoices from
the VDOT for the City's five per cent share of the contract; that
Amendment No. I to the contract, under date of December 12, 1988,
decreased the cost ceiling by $21,586.23 to $9B0,756.01; that total
cost invoiced by Mattern and Craig for the project to date include
$141,965.58 for First Street/Gainsboro Road and $6,314.30 for Wells
Avenue; and the City's five per cent share of the cost is $7,414.00.
The City Manager pointed out that the scope of the contract to be
performed byNattern and Craig consists of preparation of complete sur-
veys, right-of-way and construction plans and plats, utilities, signs,
signals, pavement markings, lighting and landscaping plans, structures,
traffic data, environmental assessment, geological borings and testing,
construction administration, and inspection of construction.
It was explained that RTKL study results from the Downtown North
Development Plan include a recommendation to construct a four-lane
Second Street Bridge instead of a four-lane First Street Bridge; that
the study also suggests realigning Wells Avenue such that it connects
with Gilmer Avenue to provide better overall accessibility; and
Amendment No. 2 to the engineering services contract with Mattern &
Craig is needed if the City is to proceed with the new project concept.
21'3
m
mi
ACTION:
ACTION:
The City Manager recommended that Council authorize Amendment
No. 2 to the engineering services contract with Mattern & Craig,
Consulting Engineers, to prepare complete construction plans for
"Widening and Realignment of Second Street/Gatnsboro Road and Wells
Avenue," to provide for an increase of $481,405.09, for a total amount
not to exceed $1,462,161.10, and appropriate $117,991.00 into the pro-
ject account, with the understanding that the cost ceiling is subject
to change based upon the Highway Department review.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29610) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 234.)
Mrs. Bowles moved the adoptton of Ordinance No. 29610. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor-- 7.
NAYS: None--- O.
Mrs. Bowles offered the following emergency Ordinance:
(#29611) AN ORDINANCE approving the City Manager's issuance of
Amendment No. 2 to the City's contract with Mattern & Craig, Consulting
Engineers, for services performed in connection with the Widening and
Realignment of Second Street/Gatnsboro Road and Wells Avenue; and pro°
riding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 235.)
Mrs. Bowles moved the adoption of Ordinance No. 29611. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....... 7.
NAYS: None- ,0.
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a writ-
ten report with regard to transfer of appropriations for City employee
fringe benefits, advising that the fiscal year 1988-89 General Fund and
Internal Service Fund budgets included funds in the non-departmental
category for payment of termination leave and workman's compensation
wages and medical expenses; that in addition, funds were budgeted in
the non-departmental category to cover the rate increase for hospitali-
zation insurance that became effective on January 1, 1989; and actual
costs are charged to the applicable City department in anticipation of
periodic budget transfers to cover said costs.
The Director of Finance reconanended that funds be transferred from
the non-departmental category to applicable departmental budgets to
cover the cost of certain fringe benefits, as follows.
214'
ACTION:
Internal
General Fund Service Fund
Workman's Compensation
Wages
$ 65,216.00
$ 4,519.00
Workman's Compensation
Medical
330,099.00 6,610.00
Termination Leave Pay
55,851.00 13,789.00
Hospitalization Insurance 153,588.00
4,865.00
Total
$604,754.00 $29,783.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29612) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 235.)
Mr. Trout moved the adoption of Ordinance No. 29612. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ......... 7.
NAYS: None ........................
CITY ATTORNEY:
TAXES: The City Attorney submitted a written report recommending
that a suit be instituted to collect delinquent real estate taxes and
assessments by judicial sale on the following properties.
Assessed Legal Property Delinquent
Owner(s) Description Address Taxes
Shakir, Abdul Mubdee
and Gloria Zaktyyah
Lot 8, Blk. 1,
Rosemont No. 2
(2340508)
1423 Cove Road,
N. W.
$ 2,732.67
Quick, Richard and
Anita K.
Lot 3-C,
Forest Hill
(1360125)
1340 Hidden View
Road, S. W.
$13,645.17
Booth, Kenneth C.
and Beatrice F.
S. Pt. Lots 17,
and 18, Blk. 2,
Walnut Hill
(4O41121)
727 Riverland
Road, S. E.
$ 7,030.89
Shell, Maynard G.
and Lucille
Richardson, Larry D.
Pt. Lots 14,
and 15, Blk. 15,
Belmont (4120314)
Lot 3, Blk. 5,
R. L. & I. Irwin
(4210703)
1006 Jamtson
Avenue, S. E.
$ 4,537.55
1707 Wise Avenue, $ 2,159.44
S. E.
Pritchett, Henry S.
and Owen, Dan D.
S. 1/2 Lot 102,
Blk. 5, R. L.
and I. Irwin
(40105O4)
312 1st Street,
S.E.
$ 4,723.42
Prttchett, Henry S.
and Owen, Dan D.
N. Pt. Lots 102,
and 103, Blk. 5,
R. L. and I. Irwin
(4010505)
117 Salem Avenue, $ 6,317.62
S. E.
21',5
Prttchett, Henry S.
and Owen, Dan D.
N. Pt. Lots 104 121 Salem Avenue, $ 6,867.11
and 105, Blk. 5, S. W.
R. L. and I. Irwin
(4010506)
Earle Properties
c/o Dan D. Owen
Lots 107, 108, 105 2nd Street, $10,260.88
and 109, Blk. 5, S. W.
R. L. and I. Irwin
(4010507)
Earle Properties
c/o Dan D. Owen
Lots 110, 111,
112 and 113, Blk.
5, R. L. and
I. Irwin
(4010508)
107 2nd Street,
S.E.
$20,768.99
Pritchett, Henry S.
and Owen, Dan D.
Lot 103, Blk. WDS, 118 Campbell
R. L. and I. Irwin Avenue, S. E.
(4010509)
$ 4,723.42
Eastl and Developers,
Inc.
Acreage
Lynchburg Turnpike
(7200101)
Mary Linda Ave.,
N. E.
$ 1,575.49
Eastland Developers,
Inc.
Lynchburg Road Mary Linda Ave., $ 388.30
(7200102X) N.E.
Eastland Developers,
Inc.
Lynchburg Road
(7200103X)
Mary Linda Ave., $ 1,540.41
N. E.
Allen Enterprises,
Inc,
Pt. Lot 1, Blk. 1, 2535 Melrose Ave.,$ 2,082.74
Green Hill N.W.
(2420301)
Allen Enterprises,
Inc.
Lot 2, Blk. 1,
Green Hill
(2420302)
2535 Melrose Ave.,$ 4,929.89
N. W.
Allen Enterprises, Lot 3, Blk. 1, Melrose Avenue, $ 549.24
Inc. Green Hill N.W.
(2420303)
It was explained that payment of all taxes and assessments on such
property may be enforced through a judicial sale, conducted by the City
for the purpose of collecting the taxes; that real estate taxes on the
above listed properties are delinquent three or more years; that the
parcels recommended for sale represent the first phase of an on-going
program of delinquent tax sales; and Section 58.1-3954, Code of
Virginia (1950), as amended, requires that any such suit be instituted
and conducted in the name of the city in which such taxes are assessed
and at the direction of the governing body of the city.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#29613) A RESOLUTION directing that the City Attorney institute
and conduct suit to collect delinquent real estate taxes and
assessments by judicial sale.
(For full text of Resolution, see Resolution Book No. 51, page 237.)
Mr. Bowers advised that he once represented one of the parties
mentioned in the report and Resolution; however, he had had no rela-
tionship with that particular party for a year or more, and inquired if
he should abstain from voting on the matter.
The City Attorney advised that inasmuch as Mr. Bowers had stated
that he no longer represented the party, the question would then become
whether or not he had a personal interest under the Conflict of
Interest Act. Mr. Dibling stated that he did not believe that Mr.
Bowers had any kind of personal interest in the matter and he would
therefore be free to vote on the Resolution.
21'6
ACTION:
ACT]ON:
ACT]ON:
Mrs. Bowles moved the adoption of Resolution No. 29613. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....... 7.
NAYS: None ..........
-0.
REPORTS OF COMMITTEES:
BUDGET-SIDEWALKS, CURB AND GUTTER-DOWNTOWN ROANOKE: Council
Member Robert A. Garland, Chairman of a committee appointed by the
Mayor to tabulate bids received for new concrete sidewalks, entrances
and curb on various streets within the City of Roanoke (Bond Issue -
Downtown Phase I), presented a written report on behalf of the
Committee, recommending that Council authorize the City Manager to
enter into a contract with H & S Construction Company, in the amount of
$436,150.00; establish a contingency in the amount of $25,000.00, for a
total amount not to exceed $461,150.00; transfer $461,150.00 from the
1988 Series of Public Improvement Bonds - Streets and Bridges Category,
Account No. 008-052-9603-9181, to an account to be established by the
Director of Finance entitled "Downtown Curb and Sidewalk Replacement -
Phase I.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29614)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 238.)
Mr. Garland moved the adoption of Ordinance No. 29614. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....... 7.
NAYS: None .......
.0.
Mr. Garland offered the following emergency Ordinance:
(#29615) AN ORDINANCE accepting the bid of H & S Construction
Company for construction of downtown curb and sidewalk replacement,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
'for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 239.)
Mr. Garland moved the adoption of Ordinance No. 29615. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ 7.
NAYS: None .......
Oo
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SEWERS AND STORM DRAINS: Ordinance No. 29597 authorizing the
relocation of a sanitary sewer line and vacation of an existing sani-
tary sewer easement upon real property located in the City owned by
Ralley's Hamburgers, 4815 Williamson Road, N. W., Official Tax No.
21'7
,!
2170138, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, June 5, 1989, read
and adopted on its first reading and laid over, was again before the
body, Mr. Bowers offering the following for its second reading and
final adoption:
(#29597) AN ORDINANCE authorizing the relocation of a sanitary
sewer line and vacation of an existing sanitary sewer easement upon
real property located in the City known as 4815 Williamson Road, N. W.,
and bearing Official Tax No. 2170138, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 230.)
ACTION: Mr. Bowers moved the adoption of Ordinance No. 29597. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ 7.
NAYS: None .......................................
CELEBRATIONS: Mr. Fitzpatrick offered the following resolution
expressing congratulations to the County of Roanoke upon being selected
as an All-America City for 1989, and commending the County of Botetourt
for its participation and cooperation ia the impressive community pro-
jects entered by the County of Roanoke in the All-America City com-
petition:
(#29616) A RESOLUTION expressing congratulations to the County of
Roanoke on being selected as an All-American City for 1989, and com-
mending the County of Botetourt for its participation and cooperation
in the impressive community projects entered by the County of Roanoke
in the All-American City competition.
(For full text of Resolution, see Resolution Book No. 51, page 239.)
ACTION: Mr. Fitzpatrick moved the adoption of Resolution No. 29616. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ................ 7.
NAYS: None .................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 10:25 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
218
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 19, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S, W., City of Roanoke, on Monday, June 19, 1989, at 2:00 p.m., the regular
meeting hour, with Vice-Mayor Beverly T. Fitzpatrick presiding, pursuant to
Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City
of Roano~- (1979), as amended.
PRESENT: Council Members Elizabeth T. Bowles, Robert A. Garland,
Howard E. Musser, James O. Trout, David A. Bowers and Vice-Mayor Beverly T
Fitzpatrick, Jr.- ........
6.
ABSENT: Mayor Noel C. Taylor ............. 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Kirk A. Ballin,
Pastor, Unitarian Universalist Church of the Roanoke Valley.
The Pledge of Allegiance' ~o the Flag of the United States of America
was led by Vice-Mayor FitzPatrick.
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to'notice of advertisement for
bids for Williamson Road Storm Drain, Phase 2 - Contract IA, Lower
Segment, said bids to be received by the City Clerk until 1:30 p.m., on
Monday, June 19, 1989, and to be held, opened and read before the
Council at 2:00 p.m., on that date, or as soon thereafter as the matter
may be heard, the Vice-Mayor asked if anyone had any questions about
the advertisement for bids, and no representative present raising any
question, the Vice-Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
ACTION:
ACTION:
BIDDER
Aaron J. Conner General
Contractor, Inc.
Yates Construction Co.,
Inc.
Alleghany Construction Co., Inc.
F. L. Showalter, Inc.
R. S. Jones & Associates, Inc.
BASE BID AND
ALTERNATE BID TOTAl.
$1,757,504.50
1,987,871.00
2,362,451.50
2,504,778.00
3,121,008.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
to Council. The motion was seconded by Mr. Trout and adopted.
The Vice-Mayor appointed Robert A. Garland, Chairman, William F.
Clark and Kit B. Kiser as members of the committee.
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form or forms listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session to discuss a
matter of pending litigation.
AC T ! 0 N:
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of pending litigation, pursuant to Section
2.1-344 (a) (7), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter with
regard to pending litigation, pursuant to Section 2.1-344 (a) (7), Code
of Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fi tzpatrick 6.
NAYS: None ..............
(Mayor Taylor was absent.)
219
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
TAXES: A communication from Mr. Sidney A. Weinstein, President,
Sidney's, Inc., requesting waiver of the penalty assessed on the second
installment of unpaid real estate taxes after the April 5 deadline, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland advised that similar requests have come before Council
in the past and inasmuch as Council mi§imt like to waive the rule filing
deadline, to do so would set a bad precedent; therefore, he moved that
the request be received and filed with regret. The motion was seconded
by Mr. Trout and unanimously adopted.
(For full text, see report on file in the City Clerk's Office.)
REPORTS OF OFFICERS:
CITY PANAGER:
BRIEFINGS:
PARKS AND PLAYGROUNDS: The City Manager advised that Council
appointed a Citizens Advisory Committee in early 1980 which was com-
posed of individuals from various walks of life to look at the City's
54 parks, and to compile and prioritize a program that would address
not only the immediate needs of the City five years into the future,
but also to look at ten to twenty year increments, the final product
being a master plan entitled, "Roanoke's Parks Today and Tomorrow." He
stated that based on the master plan, the City has moved forward with
the renovation of a number of parks and to date, approximately $5.8
million has been expended on approximately 30 parks, although not fully
renovating each and every park of the 30, but addressing certain major
needs. He advised that Phase III would deal with the expenditure of
approximately $1.2 million over the next two years.
Mr. Gary N. Fenton, Manager of the Department of Parks and Recrea-
tion, presented slides on various improvements to regional and neigh-
borhood parks. He advised that while quality facilities, such as the
sports complex, have a positive economic benefit on the City and offer
an alternative to drug abuse, high quality recreational facilities can
be part of an overall package in convincing an industry that Roanoke
would be a good place to do business a good place for their employees
to live. Ne pointed out that since the beginning of the park improve-
merit program in the City of Roanoke, $5.8 million has been expended, of
which $1,350,000.00 represent Federal funds.
ACTION:
ACTION:
Mr. Trout moved that the oral report be received and filed. The
motion was seconded by Mr. Musser and adopted.
TRAFFIC-INDUSTRIES: The City Manager submitted a written report
advising that Cova Corporation, a wholly owned subsidiary of United
Parcel Service, proposes to construct its new facility on a 50-acre
site adjacent to the Roanoke Regional Airport located off of Thirlane
Road, which requires roadway access to be improved by the City for a
distance of 1.7 miles from Peters Creek Road, N. W., to the Comfort Inn
Motel; and Council, at its regular .meeting on Monday, February 13,
1989, adopted Ordinance No. 29456, authorizing the filing of an appli-
cation with the Virginia Department of Transportation (VDOT), for up to
$450,000.00 in Industrial Access Road Funds.
It further advised that approval of a $391,000.00 allocation for
the industrial access road project was made by the Commonwealth
Transporta-tion Board, at its meeting on April 20, 1989; that the
City's matching share is $91,000.00; that the first $300,000.00 is one
hundred per cent State cost, while the next $182,000.00 is fifty per
cent State cost, which is $91,000.00, for a total of $391,000.00; that
funding approved is $59,000.00 less than funding originally applied
for; that the Virginia Department of Transportation estimated the
$391,000.00 to be its share of the cost of improving Thtrlane Road for
0.8 miles; that the additional distance of 0.9 miles to the Comfort Inn
Motel waK not eligible for Industrial Access Funds because adequate
access is provided in the 0.8 mile segment; and the preliminary cost
estimate for the entire roadway project is $1,000,000.00.
It was pointed out that the City must execute a City-State
Agreement before it can be reimbursed for all eligible costs, not to
exceed $391,000.00; that the City has executed a contract with Hayes,
Seay, Mattern and Mattern, Inc., to prepare construction plans and
estimates for Virginia Department of Transportation approval; and the
City must also award and administer the contract for construction and
agree to pay all costs of the project in excess of $391,000.00 (VDOT
share) and $91,000.00 (City share).
The City Manager recommended that he be authorized to execute the
City-State Agreement on behalf of the City, subject to approval by the
City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29617) AN ORDINANCE authorizing the execution of an agreement
with the Co~nonwealth of Virginia Department of Transportation relating
to the development of Thirlane Road, N. W.; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 245.)
Mrs. Bowles moved the adoption of Ordinance No. 29617. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ........ 6.
NAYS: None .......
(Mayor Taylor was absent.)
O®
BUDGET-SCHOOLS: The City Manager submitted a written report
advising that an arboretum, an outdoor museum for plants, is being
developed on the campus of Virginia Western Comnunity College; that the
students of Virginia Western were the original promoters and first
contributors of the arboretum project; that the Virginia Western
College Board voted to ask the six political subdivisions that are
served by the College to provide $24,000.00 to the project; that the
ground-breaking was held on April 29, 1988; and resources needed to
develop an arboretum are a site, funding and program matntenance.
ACTION:
It was further advised that the resources needed to develop an
arboretum are site, funding and program maintenance; that the site
resource can be resolved by an existing two acre parcel of land on the
Virginia Western campus; that the estimated project cost of $120,000.00
could be funded from both government and private sources, wtth the
9overnment portton of $24,000.00 to be provided by local political sub-
divisions and allocated by using the following three factors:
student enrollment from political subdivision in
Virginia Western,
true property valuation of the subdivision, and
population of the subdivision.
The City Manager explained that Roanoke City's portion equates to
37.2% or $8,928.00; that all other localities in the Valley have
contributed their share to date; and project maintenance would be per-
formed by the Virginia Western Horticulture Department and volunteers.
The City Manager recommended that he be authorized to proceed with
the City's support of the Virginia Western Community College Arboretum;
and transfer $8,928.0D from Contingency Reserve, Account No. 001-002-
9410-2199, to an account to be established by the Director of Finance,
to provide for the City's portion of the project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29618)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 245.)
Mr. John Arbogast, Roanoke City Extension Agent, and Member of the
Board of Directors of the Arboretum, appeared before Council in support
of the arboretum and advised that the educational aspect of the faci-
lity will be of great benefit and the City of Roanoke will be in the
forefront of cities having an arboretum inasmuch as there are only 40
such facilities in the entire country at this time.
Mr. Musser moved the adoption of Ordinance No. 29618. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick .6.
NAYS: None ..........
(Mayor Taylor was absent.)
.0.
BUDGET-GRANTS-TOTAL ACTION AGAINST POVERTY-HUMAN RESOURCES: The
City Manager submitted a written report advising that the U. S.
De2artment of Agriculture has solicited applications from munici-
palities to participate in the 1989 Virginia Summer Food Service
Program; that the purpose of the program is to provide nutritionally
balanced, healthy meals to children, ages I through 18, of low-income
families (less than 185% of poverty) during the summer months of 1989;
and cost reimbursements are made to program sponsors (City of Roanoke),
by the U. S. Department of Agriculture, at a rate of approximately
$1.92 per meal consumed (lunch) by a participating eligible youth.
It was further advised that the Virginia Sunmmr Food Service
Program is similar in concept to the National School Lunch Program and
participant eligibility is comparable to that used to determine eligi-
bility for free, or reduced price meals during the school year; that
the City operated the program last year serving approximately 300 eli-
gible youth daily at six feeding sites in the City; that over 16,000
meals were consumed during the entire summer; and the Roanoke City
Schools sponsored a similar program in 1985 and has again elected not
to sponsor such a program this year, due to the broad responsibilities
of sponsorship and their present capabilities.
221
222
ACTION:
It was explained that the need for the program and potential
operational plans were originally explored and developed by a task
force of the Human Resources Steering Committee; that agencies repre-
sented included the Department of Social Services, the Fifth District
Employment and Training Consortium, with assistance of the City's
Department of Parks and Recreation, Roanoke Redevelopment and Housing
Authority, and Total Action Against Poverty; and the U. S. Department
of Agriculture is supportive of efforts by the City to expand the
program and has expressed its interest in providing whatever supportive
assistance is necessary in order to accomplish the program's objec-
tives.
Mr. Herbert advised that a grant application for the Virginia
Summer Food Service Program has been prepared by the Fifth District
Employment and Training Consortium, on behalf of the City, for con-
sideration by the U. S. Department of Agriculture for funding this
summer, for the period of June 26 through August 25, 1989; and the
Department of Human Resources is proposed to administer the project
through interagency agreements with the Fifth District Employment and
Training Consortium (FDETC), Roanoke Redevelopment and Housing
Authority (RRHA), and Total Action Against Poverty (TAP), an informal
written agreement with the Department of Social Services, and a
contract with a meal vendor to prepare and deliver 3go meals, daily, to
project sites at seven housing projects; viz: Jamestown, Indian
Village, Hurt Park, Lansdowne, Lincoln Terrace, Hunt Manor and
Bluestone Park as well as the YMCA Family Life Center and the TAP
Academic Summer Program, with an estimated 17,000 meals to be served
through the expanded project.
It was clarified further that all costs are reimbursable by the
U. S. Department of Agriculture, based upon the number of meals con-
sumed by eligible youth participants; that a grant application has been
submitted to the U. S. Department of Agriculture, which is expected to
be awarded by June 19, 1989; that a vendor must be selected to prepare
and deliver the meals to the six project sites; that an "Invitation for
Bid" process has been developed and implemented, following the City's
procurement guidelines; that upon review by appropriate City staff, it
was determined that Total Action Against Poverty has proposed a respon-
sive program for meal preparation and delivery; and cost projections
total approximately $32,952.60.
The City Manager recommended that Council endorse the City's
application; accept the subsequent grant award from the U. S.
Department of Agriculture, in the amount of $32,952.60; authorize the
Department of Human Resources to negotiate and execute appropriate
interagency agreements to facilitate the success of the project; accept
the responsive bid of Total Action Against Poverty to prepare and
deliver meals at an average rate of $1.$3 per meal; authorize nego-
tiation of a vendor contract between the City and Total Action Against
Poverty; authorize execution of a contract with Total Action Against
Poverty; and appropriate $32,g52.60, with a corresponding revenue esti-
mate, to an account to be established in the Grant Fund by the Director
of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29619) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 246.)
Mr. Bowers moved the adoption of Ordinance No. 29619. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick. 6.
NAYS: Hone .............
(Mayor Taylor was absent.)
ACTION:
ACTION:
223
Mr. Bowers offered the following emergency Ordinance:
(#29620) AN ORDINANCE authorizing the execution of a grant appli-
cation made on behalf of the City of Roanoke for the United States
Department of Agriculture 1989 Sun~ner Food Service Program, and the
acceptance of the subsequent grant award; authorizing the acceptance of
the bid of Total Action Against Poverty and award of the requisite
contract to prepare and deliver the Summer Food Service Program daily
meals to designated feeding sites in the City of Roanoke; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 247.)
Mr. Bowers moved the adoption of Ordinance No. 29620. The motion
was seconded by Mm-. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick 6.
NAYS: None .... O.
(Mayor Taylor was absent.)
WATER DEPARTMENT: The City Manager submitted a written report
concurring in a report of a bid committee with reference to concession
privileges at Carvins Cove for the period of June 1, 1989, through
May 31, 1990.
The bid committee recommended that Council accept the bid sub-
mitted by D & B Outfitters, to operate concessions at Carvtns Cove from
June 1, 1989, through May 31, 1990, in the total amount of $2,100.00.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29621) AN ORDINANCE accepting a bid for concession privileges
at Carvtns Cove upon certain terms and conditions; and authorizing the
execution of the requisite concession agreement.
(For full text of Ordinance, see Ordinance Book No. 51, page 254.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............................................... 6.
NAYS: None ...............................
O®
(Mayor Taylor was absent.)
TRAFFIC: The City Manager submitted a written report concurring
in a recommendation of a committee with regard to traffic paint.
The bid committee recon~nended that Council accept the bid sub-
mitted by Highway Safety Supply, in the amount of $33,762.00, to fur-
nish 5,700 gallons of traffic paint to properly mark City streets; and
reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#29622) AN ORDINANCE accepting the bid of Highway Safety Supply,
!nc., made to the City for furnishing and delivering 5,700 gallons of
traffic paint; rejecting all other bids made to the City; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 248.)
224
ACTION:
ACTION:
ACTION:
Mr. Bowers moved the adoption of Ordinance No. 29622. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick 6.
NAYS: None .........
(Mayor Taylor was absent.)
BUDGET-FLOOD CONTROL-TRAFFIC: The City Manager submitted a writ-
ten report advising that on April 20, 1989, the City received
$1,507,648.19 from the Federal and State governments as final reimbur-
sement for flood damages; that final reimbursement received was depo-
sited in certain accounts; that $79,795.00 of Year-End Capital Project
funds need to be appropriated and transferred to Traffic and Signals -
General, Account No. 008-052-9560-9003, to reimburse the account for
flood damage repair to traffic signals; and the amount of $1,077,022.00
deposited in the General Fund needs to be appropriated and transferred
to the Capital Fund for various activity accounts.
The City Manager recommended that Council appropriate
$1,077,022.00 of State and Federal flood reimbursements, with
corresponding revenue estimate increases, to the following accounts:
General Fund Appropriation:
Transfers to the Capital Projects
Fund - 001-004-9310-9508
$1,077,022.00
General Fund Revenue Estimates:
Grants-in-Aid Commonwealth
001-020-1234-0664
Grants-in-Aid Federal Government
001-020-1234-0707
235,599.00
841,423.00
Capital Projects Fund Appropriations:
Future Flood Reduction - Account to
be established in Capital Improvement
Reserve
817,024.00
Neighborhood Storm Drain Projects -
Account to be established in Capital
Improvement Reserve
259,998.00
Reimbursement to Traffic Signals -
008-052-9560-9003
79,795.Q0
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
"AN ORDINANCE to amend and reordain certain sections of
the 1986-89 General and Capital Funds Appropriations, and providing for
an emergency."
Mr. Trout moved the adoption of Ordinance.
seconded byMr. Garland.
The motion was
Following questions in an attempt to reach a clarification as to
funds requested to be appropriated and transferred, Mr. Bowers offered
a substitute motion that action on the matter be deferred until the end
of the agenda in order that he could confer one on one with the
Director of Finance. The motion was seconded by Mr. Trout and adopted,
Council Member Bowles voting no.
Prior to conclusion of the Council meeting, Mr. Bowers advised
that he had conferred with the Director of Finance, and Mr. Schlanger
had satisfactorily responded to his questions; whereupon, he offered
the following emergency budget Ordinance:
(#29623) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 248.)
ACTION: Mr. Bowers moved the adoption of Ordinance No. 29623. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Men, ers Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick- 6.
NAYS: None ...... O.
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
ACTION:
FINANCIAL REPORT: The Director of Finance submitted a financial
report of the City of Roanoke for the month of May, 1989.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and ftled. The motion
was seconded by Mr. Bowers and adopted.
REPORTS OF COMMITTEES:
AUDIT COMMITTEE: Council Member David A. Bowers, Chairman of the
Audit Committee, presented minutes of the meeting of the Audit
Committee which was held on Monday, June 5, 1989, advising that the
Committee received and filed the June 30, 1989 Audit Plan of Peat
Marwick, and received and filed a presentation on the duties, respon-
sibilities and liabilities of the Audit Committee.
(!
ACTION:
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Bowers moved that the minutes be received and filed.
motion was seconded by Mr. Trout and adopted.
The
BUDGET-CITIZENS' SERVICES COMMITTEE: Mr. Stanley R. Hale, Member
of the Citizens' Services Committee, presented a written report on
behalf of the Committee with regard to funding for qualified agencies
for fiscal year 1989-90.
It was advised that the budget of the Citizens' Services Committee
was established by Council, pursuant to Ordinance No. 29552, by which
the General Fund Budget for fiscal year 1989-90 was adopted on May 8,
1989; that public notice for agencies to file applications for City
funds was published in local newspapers on February 12, 16, 19, and 23,
1989, with an application deadline of March 10, 1989; that 24 requests,
in the total amount of $618,944.25, were received from various agen-
cies; and agencies were notified of tentative allocation reconmmn-
dations and advised that they could appeal the Committee's tentative
reconmmndations.
It was further advised that the budget for fiscal year 1989-90
approved by Council for the Citizens' Services Committee provides for
an increase in funding of approximately five per cent; that total funds
available for allocation in fiscal year 1989-90 is $378,000.00; and
performance audits are conducted for each agency receiving funds
through the Committee in order to evaluate the effectiveness and effi-
ciency of funded programs.
The following was provided for Council's information:
The Citizens' Services Committee requests that
$7,900.00 be transferred to the Director of Human
Resources budget upon approval of Council to cover
monitoring expenses.
Agencies are requested to submit a budget by objec-
tive and activity when applying for funds through
the Citizens' Services Committee.
226
A schedule attached to the report shows recommended
funding for allocation to various agencies.
The deliberations of the Committee are contained in
minutes of meetings on file in the City Clerk's
Office.
Appeals of Committee recommendations as provided by
policy of Council were received after notification
to each agency of its tentative recommended alloca-
tion. One appeal was filed and heard on May 24,
1989.
The Association for Retarded Citizens
requested an appeal for an additional
$25,000.00 for local matching funds to
receive funding through Mental Health
Services and to meet operating costs.
The committee recommends a payment of $20.00 per
day to Bethany Hall for City residents up to a
maximum of $5,000.00.
The committee recommends that $1,300.00 be allo-
cated to the Inner City Athletic Association and
designated through the Community Organization for
Research and Development (CORD) because of the
shared purpose of providing recreational sports
programs for children of low-income families.
The committee recommends that $104,000.00 be allo-
cated to the Roanoke Life Saving Crew and
Wtlliamson Road Life Saving Crew through the budget
of Emergency Services to provide more coordinated
use of the funds.
The committee recommends that $23,000.00 be allo-
cated to The Salvation Army and a contract be exe-
cuted with The Salvation Arnl7 for the prevision of
services to City citizens under the Homeless
Housing Program and/or Abused Women's Shelter.
The committee recommends that $22,300.00 be allo-
cated to Unified Human Transportation Systems, Inc.
(RADAR) through Valley Metro in order that Valley
Metro may receive credit for providing transpor-
tation to the handicapped.
The committee is unable to set aside funds for
emergencies in the coming year.
The following recommendations were submitted by the Citizens'
Services Committee for consideration by Council:
Council concur in the funding of agencies in the
amounts recommended as indicated on the schedule
attached to the report.
Council authorize the Chairman of the Citizens'
Services Committee and the Director of Finance to
not release funds to any agency until objectives,
activities, and other reasonable requests of the
monitoring staff are submitted and accepted.
Transfer $7,900.00 from the Citizens' Services
Committee budget, Account No. 001-054-5220-3700,
Contributions, to Director of Human Resources, Fees
for Professional Services, Account No. 001-054-
1270-2010, for payment of performance audits.
227
(1
{!
II
ACTION:
ACTZON:
Transfer $8,000.00 from the Citizens' Services
Committee budget, Account No. 001-054-5220-3700,
Contributions, to the Roanoke City Health
Department as a line item in the Health Department
budget, Account No. 001-054-5110-3727.
Transfer $23,000.00 from the Citizens' Services
Committee budget, Account No. 001-054-5220-3700,
Contributions, to the Director of Human Resources,
Fees for Professional Services, Account No.
001-054-1270-2010, for payment of services for the
Homeless Housing Program and/or Abused Women's
Shelter provided to City citizens by The Salvation
Army.
Transfer $5,000.00 from the Citizens' Services
Committee budget, Account No. 001-054-5220-3700,
Contributions, to the Director of Human Resources,
Fees for Professional Services, Account No.
001-054-1270-2010, for payment of services provided
to City citizens at Bethany Hall.
Authorize the City Manager or his designee to nego-
tiate a contract for $23,000.00 with The Salvation
Army for the provision of services to City citizens
under the Homeless Housing Program and/or Abused
Women's Shelter. Council will be asked to
authorize the execution of the contract after it
has been negotiated.
Transfer $104,000.00 from the Citizens' Services
Con~nittee budget, Account No. 001-054-5220-3700,
Contributions, to the Emergency Services budget,
Account No. 001o054-3260-3700, Subsidies to Life
Saving Crews, for the Roanoke and Wtlliamson Road
Life Saving Crews.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29624) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 249.)
Mr. Trout moved the adoption of Ordinance No. 29624. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick--- 6.
NAYS: None- O.
(Mayor Taylor was absent.)
Mr. Trout offered the following Resolution:
(#29625) A RESOLUTION concurring in the recommendations of the
Citizens' Services Committee for allocation of City funds to various
agencies.
(For full text of Resolution, see Resolution'Book No. 51, page 250.)
Mr. Trout moved the adoption of Resolution No. 29625. The motion
was seconded by Mr. Bowers and adopted by tile following vote:
AYES: Council Me,ers Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick. 6.
NAYS: None ..... O.
(Mayor Taylor was absent.)
228
BUDGET-COURTS FACILITY-GENERAL DISTRICT COURT: Council Member
Robert A. Garland, Chairman of a committee appointed by the Mayor to
tabulate bids received for alterations and additions to the Roanoke
Courts Facility, General District Court, 315 West Church Avenue, pre-
sented a written report on behalf of the committee, recommending that
the City Manager be authorized to enter into a contract with
Construction Services of Roanoke, Inc., in the amount of $43,190.00 and
100 consecutive calendar days; that $50,000.00 be appropriated from the
CMERP Account to Building Maintenance, Account No. 001-052-4330-3056;
and reject all other bids received.
The City Manager submitted a written report concurring in the
recommendations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29626)
the 1988-89
emergenc~,
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 251.)
ACTION: Mr. Garland moved the adoption of Ordinance No. 29626, The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick 6.
NAYS: None .......... O.
(Mayor Taylor was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29627) AN ORDINANCE accepting the bid of Construction Services
of Roanoke, Incorporated, for certain alterations and additions for the
General District Court of the Roanoke Courts Facility, upon certain
terms and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 251.)
ACTION: Mr. Garland moved the adoption of Ordinance No. 29627. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick 6.
NAYS: None ......... .0.
(Mayor Taylor was ~.bsent.)
BUDGET-PARKS AND PLAYGROUNDS: Council Member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for renovations to Wasena, Eureka, Jackson and Washington
Parks, presented a written report on behalf of the committee, recom-
mending that Council award a contract to Acorn Construction, Ltd., to
perform all work included in the Base Bid plus Alternate Nos. 1, 2, 5
and 8 with certain changes, in the ameunt of $515,030.00, with a
construction time of 180 consecutive calendar days; that Council
establish a project contingency, in the amount of $24,970.00, for a
total project construction cost of $540,000.00; that Council authorize
appropriation and transfer of $540,000.00 from certain accounts to a
new capital account to be established by the Director of Finance; and
reject al! other bids received.
The City Manager submitted a written report concurring in the
recommendations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following emergency budget Ordinance:
(#29628) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 252.)
Mr. Garland moved the adoption of Ordinance No. 29628. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick .............. 6.
NAYS: None .....................
(Mayor Taylor was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29629) AN ORDINANCE accepting the bid of Acorn Construction,
Ltd., for construction of renovations to Wasena, Eureka, Jackson and
Washington Parks, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 253.)
Mr. Garland moved the adoption of Ordinance No. 29629. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ......... 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 29600 amending certain conditions proffered
in conjunction with the rezoning of property located at 2920 Sweetbriar
Avenue, S. W., identified as Lots 4, 5 and 6, C. F. Kefauver Map,
Official Tax Nos. 1651004 - 1651006, respectively, having previously
been before the Council for its first reading on Monday, June 12, 1989,
read and adopted on its first reading and laid over, was again before
the body, Mrs. Bowles offering the following for its second reading and
final adoption:
(#29600) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 165, Sectional lg76
Zone Map, City of Roanoke, in order to amend certain conditions pre-
sently binding upon certain property previously conditionally rezoned
from RS-3, Residential Single Family District to C-1, Office District.
(For full text of Ordinance, see Ordinance Book No. 51, page 240.)
Mrs. Bowles mOved the adoption of Ordinance No. 29600. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick 6.
NAYS: None .........
(Mayor Taylor was absent.)
229
230
ZONING: Ordinance No. 29601 rezoning a tract of land located at
907 Winona Avenue, S. W., containing .16 acre, more or less, identified
as Official Tax No. 1222017, from RM-1, Residential Multi-Family, Low
Density District, to CN, Neighborhood Commercial District, subject-to
certain conditions proffered by the petitioner, having previously been
before the Council for its first reading on Monday, June 12, 1989, read
and adopted on its first reading and laid over, was again before the
body, Mr. Trout offering the following for its second reading and final
adoption:
ACTION:
(#29601) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 122, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 241.)
Mr. Trout moved the adoption of Ordinance No. 29601. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fi tzpatrick ........ 6.
NAYS: None ...........
(Mayor Taylor was absent.)
ACTION:
ZONING: Ordinance No. 29602 rezoning two parcels of land located
on Hawthorne Road, N. W., identified as Lots 4A and SA, Map of Airlee
Court, containing 0.253 and 0.217 acre, respectively, Official Tax Nos.
2190408 and 2190409, from RS-3, Residential Single Family District, to
RM-1, Residential Multi-Family, Low Density District, having previously
been before the Council for its first reading on Monday, June 12, 1989,
read and adopted on its first reading and laid over, was again before
the body, Mr. Trout offering the following for its second reading and
final adoption:
(#29602) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 219, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 242.)
Mr. Trout moved the adoption of Ordinance No. 29602. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick -6.
NAYS: None ..........
(Mayor Taylor was absent.)
ZONING: Ordinance No. 29603 rezoning a tract of land cmntaining
5.204 acres, situated between U. S. Route 460 and King Street, N. E.,
identified as a part of the tract designated as Official Tax No.
7090501, from RS-3, Residential Single Family District, to RM-2,
Residential Multi-Family, Medium Density District, having previously
been before the Council for its first reading on Monday, June 12, 1989,
read and adopted on its first reading and laid over, was again before
the body, Mr. Musser offering the following for its second reading and
final adoption:
(#29603) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 243.)
231,
im
ACTION:
ACTION:
Mr. Musser moved the adoption of Ordinance No. 29603. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............ 6.
NAYS: None O.
(Mayor Taylor was absent.)
A communication from Mr. M. Christian Orndorff, Attorney, repre-
senting the Harold B. Alexander and Ann P. Alexander Trust, providing
an update on initial steps that have been taken to address concerns of
residents which were stated at the public hearing on Monday, June 12,
1989, was before Council.
Mr. Orndorff advised that the property site was inspected by both
the City and the owner's contractor; that steps were being taken to
correct the construction road problem by erecting berms as soon as
weather permits, and should be completed during the early part of the
· week pr. June 26, 1989; and work should have been completed to correct
,th~efgrowth.problem.; ..
~ "':~,te~t, )Je communication on file in the City Clerk's Office.)
SPECIAL PERMITS-DOWNTOWN ROANOKE-UNITED WAY: Ordinance No. 29604
granting to the United Way of Roanoke Valley, Inc., a revocable permit
to mount certain flags on street lighting poles in the Central Business
District of the City, upon certain terms and conditions, having pre-
viously been before the Council for its first reading on Monday,
June 12, 1989, read and adopted on its first reading and laid over, was
again before the body, Mr. Trout offering the following for its second
reading and final adoption:
(#29604) AN ORDINANCE granting to the United Way of Roanoke
Valley, Inc., a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 244.)
Mr. Trout moved the adoption of Ordinance No. 29604. lhe motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick 6.
NAYS: None ........ O.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:45 p.m., the Vice-Mayor declared the meeting in recess.
At 4:00 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Fitzpatrick presiding, and all Members of the Council in
attendance, with the exception of Mayor Taylor.
CITY EMPLOYEES-CIRCUIT COURT-INSURANCE: Mr. Garland offered the
following Resolution authorizing the City Attorney to settle litigation
styled Loretta Lynn Brown Chapman vs. City of Roanoke and Richard Lee
Ntnmm, filed in the Circuit Court for the City of Roanoke on
e~-6~-~mber 1, 1988, by payment of $17,500.00 from the City's Reserve for
Self-Insured Liabilities established pursuant to §2-18B.1, Code of the
City of Roanoke (1979), as amended, such settlement to be conditioned
upon execution by the plaintiff of an appropriate release as to the
City and its employee, such release to be approved by the City
Attorney:
232
(#29630) A RESOLUTION authorizing settlen~nt of litigation styled
Loretta Lynn Brown ~hapman v. City o~ Roanoke and Richard Lee Nin~no,
Ipending )n"the Circu'lt Court foF the ~itY of' R6~nok6.
(For full text of Resolution, see Resolution Book No. 51, page 254.)
ACTION: Mr. Garland moved the adoption of Resolution No. 29630. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers. and
Vice-Mayor Fitzpatrick 6.
NAYS: None ...............
(Mayor Taylor was absent.)
There being no further business, the Vice-Mayor declared the meeting
adjourned at 4:05 p.m.
City Clerk
APPROVED
Vice-Mayor
233
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 26, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 26, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Robert A.
Garland, Howard E. Musser (arrived at 3:00 p.m.), James O. Trout, David A.
Bowers, Elizabeth T. Bowles and Mayor Noel C. Taylor .............. 7.
ABSENT: None ..........
-0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wtlburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Clay H. Turner,
Rector, St. John's Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
(m
ACTS OF ACKNOWLEDGEMENT-CITIZEN OF THE YEAR: The Mayor advised
that on behalf of the Members of City Council and Administrative staff,
it gave him great pleasure to announce the City's 1988 Citizen Of The
Year.
Mayor Taylor further advised that the honoree is a gentleman, a
familyman, and a churchman; and as a citizen of the Roanoke Valley, and
as Rector of one of Roanoke's finest churches, the recipient has
always demonstrated genuine concern for those in need in the community.
He explained that recognizing the shortage of available housing
for handicapped residents of the City, Roanoke's Citizen of the Year
encouraged his congregation to Join with the High Street Baptist
Church congregation to seek funding from the United States Department
of Housing and Urban Development in 1984 to acquire and renovate an
apartment building on Elm Avenue, S. W., as a residential community for
the elderly and handicapped. The Mayor stated that the City's honoree
is also actively involved in Covenant House, officially known as Elm
Manor Homes, Inc., and serves as Vice-President of the Board of
Directors; that he is a past Director of Mental Health Services of the
Roanoke Valley and remains actively involved in the conmmntty living
group, a program providing housing and leadership for the recently
deinstitutionalized mentally-ill who are returning to their respective
communities.
The Mayor advised that he was pleased to announce that the
Reverend Clay H. Turner, Rector of St. John's Episcopal Church had been
selected by the Members of the Roanoke City Council as the 1988 Roanoke
City Citizen Of The Year.
The Mayor went on to state that Reverend Turner holds a very spe-
cial place in his heart not only as a dear friend, but as Chairman of
the City Manager's Task Force on the Homeless; that Reverend Turner
assumed that position following the 1988 State of the City Address in
which he recommended the formation of such a Task Force. Mayor Taylor
pointed out that under Reverend Turner's very able leadership, the Task
Force studied the growing problems of homelessness in and around
Roanoke, assessed existing resources and made a nu~d~er of excellent
recommendations for needed improvements, along with additional programs
234
and facilities. He stated that although the Task Force completed its
work with release of a report in April, 1987, Reverend Turner's commit-
ment to the homeless continues; that the strength of his commitment was
evidenced in the fall of 1988 when he, along with numerous other per-
sons, worked diligently to help Total Action Against Poverty in the
Roanoke Valley raise over $120,000.00 from the Roanoke Valley community
in a six week period for TAP's Transitional Living Center.
The Mayor pointed out that as a result of Reverend Turner's con-
tinued concern and advocacy for the homeless, the City again called
upon him to serve as Chairman of the Follow-Up Task Force on
Homelessness to ensure that the recommer,dations made by the original
Homeless Task Force were carried out. He stated that he had been
advised by the Community Outreach Department of Total Action Against
Poverty that they are particularly grateful to Reverend Turner for his
never ending willingness to come to their aid in assisting needy
clients.
In closing, the Mayor advised that Reverend Turner is married to
the former Jane Rollins, and they have three sons, Craig, Todd, and
Keith.
On behalf of the Members of Council, the Mayor presented Reverend
Turner with a Key to the City and an appropriately engraved plaque. He
presented Mrs. Turner with a crystal star and presented a lapel pin to
Reverend Turner's son, Keith.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to four requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; a matter relating to
acquisition of real property for public purpose; and a matter relating
to salaries and benefits of specific public officers, appointees or
employees of a public body. He pointed out that Council Member
David A. Bowers had placed an item on the agenda requesting an
Executive Session to discuss a personnel matter; however, Mr. Bowers
had requested that the item be withdrawn.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, co)mnissions and con~nlttees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Men, ers Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ......... 6.
NAYS: None ....... -0.
(Council Member Musser was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to acquisition of real property
for public purpose, pursuant to Section 2.1-344 (al (3), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
235
II
ACTION:
ACTION:
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter regarding
the acquisition of real property for public purpose, pursuant to
Section 2.1-344 (a) (3), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ......... 6.
NAYS: None .... O.
(Council Member Musser was absent.)
COUNCIL: A communication from Council Member Howard E. Musser
requesting an Executive Session to discuss a matter relating to
salaries and benefits of specific public officers, appointees or
employees of a public body, pursuant to Section 2.1-344 (a) (1), Code
of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
Member Musser to convene in Executive Session to discuss a matter
relating to salaries and benefits of specific public officers, appoin-
tees or employees of a public body, pursuant to Section 2.1-344
(a) (1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ......... 6.
NAYS: None--- O.
(Council Member Musser was absent.)
UTILITIES-AUDITS: The City Manager and the Director of Finance
submitted a joint written report advising that objectives in obtaining
professional utility invoices auditing services are as follows, was
before Council.
To provide assurance that the City has been billed
correctly in the past for utility use, and if not,
to provide proper refund(s) or credit(s) to the
City as appropriate.
To provide recommendations on internal control
which the City can use to strengthen its invoice
payment process.
To provide reconmendations on how the City can
realize savings on utility bills in the future.
It was further advised that utility invoices audited were electric
invoices from October 12, 1984, through June 30, 1987, telephone
invoices from January 11, 1988, through February 10, 1988, and natural
gas invoices from July 17, 1984, through June 30, 1987; that funding
for professional services was not required; that if the results of the
audit were such that a refund or credit against future invoices is due
to the City, the selected vendor would be responsible for securing the
refund or credit, and the City would pay the selected vendor fifty per
cent of the refund or credit, but only after the City has the refund
"in hand" or has realized the credit; and the City would not be liable
for payment to the selected vendor if no refund(s) or credit(s) are
found to be due to the City as a result of the audit.
It was explained that Tri-Stem, Inc., has completed the utility
invoices audit for the City; that no billing errors were detected in
Roanoke Gas Company, Appalachian Power Company and Chesapeake & Potomac
.Telephone Company bills which were provided; that only one item was
overbilled within the American Tele-phone & Telegraph billing audit
which has been corrected; that Tri-Stem, Inc., will not ask for a fee
236
ACTION:
ACTZON:
on the review as the potential refund was not significant; that there
is sufficient internal control in the City's invoice payment process to
detect billing errors; and the utility invoices audit was provided at
no cost to the City due to the lack of errors detected in the billing.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ........ 6.
NAYS: None ....... O.
(Council Member Musser was absent.)
ELECTIONS: A communication from Alton B. Prtllaman, Secretary,
Roanoke City Electoral Board, transmitting an abstract of votes cast in
the Republican Primary Election held in the City of Roanoke on June 13,
1989, as follows, was before Council.
"ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia at the Republican Party Primary Election
held on June 13, 1989 for:
GOVERNOR OF VIRGINIA
Names of Candidates
J. Marshall Coleman
Stanford E. "Stan" Parris
Paul S. Trible, Jr.
Total Votes
Received
(In Figures)
2,787
1,186
2,343
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited in the
office of the Clerk of Circuit Court of the elec-
tion held on June 13, 1989, do hereby certify that
the above is a true and correct Abstract of Votes
cast at said Republican Party Primary Election for
Governor of Virginia.
Given under our hands this 14th day of June, 1989.
S/)4elba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
A copy teste:
[SEAL]
S/Alton B. Prillamap, Secretary, Electoral Board"
(For full text, see Abstract of Votes on file in the City Clerk's
Office.)
Mr. Trout moved that the communication and abstract of votes be
received and filed. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ......... -6.
NAYS: None ......
.0.
(Council Member Musser was absent.)
237
ACTION:
ACTION:
YOUTH: A report of qualification of Ms. Corinne B. Gott as a
member of the Youth Services Citizen Board for a term of three years,
ending May 31, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ........................................ 6.
NAYS: None-- O.
(Council Member Musser was absent.)
FAIR HOUSING BOARD: A report of qualification of Mr. G. David
Nixon as a member of the Fair Housing Board to fill the unexpired term
of Ms. Lelia D. Bryant, resigned, ending March 31, 1991, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ...................... 6.
NAYS: None-- ,0.
(Council Member Musser was absent.)
I!
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-CITIZENS' SERVICES COMMITTEE: Council Member David A.
Bowers previously placed an item on the agenda with regard to 1989-90
funding reconmmndations of the Citizens' Services Committee; whereupon,
he requested that the item be withdrawn.
Mr. Trout moved that Council concur in the request of Council
Member Bowers to withdraw the item from the agenda. The motion was
seconded by Mr. Garland and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY CODE-DOWNTOWN ROANOKE-ECONOMIC DEVELOPMENT: The City Manager
submitted a written report advising that display and sales of merchan-
dise on public sidewalks, except in the City Market area, is currently
prohibited by Section 30-4, of the Code of the City of Roanoke (1979),
as amended; and the Downtown Service District was established pursuant
to Ordinance No. 28453, adopted by Council on Monday, December 6, 1986,
effective July 1, 1987.
It was further advised that Downtown Roanoke, Inc., has requested
that the City Code be amended to authorize the City Manager to issue
permits for the display of goods and merchandise and the conduct of
sales on public sidewalks in the Downtown Service District during one
calendar week each year; and transmitting a measure providing for the
display and sale of merchandise on public sidewalks for consideration
by Council.
238
ACTION:
The City Manager recommended that Council approve the request of
Downtown Roanoke, Inc., to amend Section 30-4, of the Code of the City
of Roanoke (1979), as amended, authorizing the issuance of permits for
the display of goods and merchandise and the conduct of sales on public
sidewalks in the Downtown Service District.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29631) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by enacting new §30-4.1, Sidewalk sales, providing
for conduct of sidewalk sales by merchants in the Downtown Service
District; establishing rules and regulations for the conduct of such
sales; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 255.)
Mr. Trout moved the adoption of Ordinance No. 29631. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ....... 6.
NAYS: None ....... O.
(Council Member Musser was absent.)
SEWERS AND STORM DRAINS-CITY CODE: The City Manager submitted a
written report advising that pretreatment programs protect Publicly
Owned Treatment Works (POTWs) from harmful industrial discharges; and
the Environmental Protection Agency (EPA) audited the City's pretreat-
merit program and cited deficiencies, resulting in an administrative
order requiring the following:
develop and reissue industrial discharge permits,
amend the City's wastewater code,
develop technical based local limits for
pollutants,
enact interjurisdictional pretreatment agreements,
assign proper industrial categorization, and
update the vallejr~ide industrial survey.
It was further advised that City Code amendments are necessary to
comply with the EPA Administrative Order; that Council's approval of
the changes are necessary to amend the Code per EPA's request; that
future amendments will be required in order to establish technical
based local limits of pollutants, which are pending until completion of
the present industrial survey being performed by Olver, Inc.; and a
fine of $25,000.00 per day could result if compliance is not met.
The City Manager recommended that Council approve certain changes
in the Sewer Use Standards of the Code of the City of Roanoke (1979),
as amended, thus complying with EPA's audit concerning said Sewer Use
Standards.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
fi rst reading:
(#29632) AN ORDINANCE amending Article III, Sewer Use Standards,
of Chapter 26, Sewers and Sewage Disposal, of the"~ode of the City of
Roanoke (1979), as amended, by amending and reordaining §26-43,
Definitions, subsection (a) of §26-44, General requirements, subsec-
tions (b) and (e) of §26-55, Measurement, sampling, etc., and report of
discharges, subsections (a)(5), (c), (d) and (e) of 926-56, Di~cha~-~
permits for industrial waste, §26-63, Right of entry to enforce
article, S26-65, Notice of violations, §26-66, Penalty for violations,
239
III
ACTION:
and by enacting new subsections (gl and (t) of §26-44, Genera! require-
ments, subsections (gl and ih) of §26-51, Discharge of. substance
.ca-~le of impairing, etc., facilities, subsection id) of §26-52, Right
'to'require pretreatJnent andrcontrol of, or to reject discharges, sub-
'se6'~ion (il of'~26-55, Measurement, sampling', etc., and re, oft of dis-
charges, and a new section to be entitled §26-68, Public access to
data, of Article III, Sewer Use Standards, of Chapter 26, ~ewe~S and
me~-~-~ge Disposal, such code amendments and additions imp66ving'"and
increasing the protection program for the City's Publicly Owned Treat-
merit Works; and providing for an effective date for such regulations.
(For full text of Ordinance, see Ordinance Book No. 51, page 277.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ..... 6.
NAYS: None ..........................
.0.
(Council Member Musser was absent.)
BUDGET-CIVIC CENTER: The City Manager submitted a written report
advising that the original fiscal year 1989 Civic Center budget
appropriation was $1,914,627.00, including operations, promotions,
depreciation and capital outlay; that total expenses for fiscal year
1989 are now estimated to be $1,984,627.00; and revenues and expenses
are greater than budget estimates due to an increase in the volume of
Civic Center business.
It was further advised that appropriation of funds is requested to
cover the cost of certain operating expenses; that projected revenues
are estimated to be $148,000.000 over the original projection; and a
funding source is available from revenues in excess of budgeta~ esti-
mates.
The City Manager recommended that Council approve the following
appropriations, in the total amount of $70,000.00, to cover the cost of
certain operating expenses:
Appropriate $41,000.00 to Electric, Account No.
0D5-050-2105-2022.
Appropriate $16,000.00 to Fees for Professional
Services, Account No. 005-050-2105-2010.
Appropriate $13,000.00 to Temporary Employee Wages,
Account No. 005-050-2106-1004.
Increase the following Revenue Estimates:
Admission Tax, Account No.
$39,700.00;
005-020-1234-0941,
Concessions, Account No.
$27,200.00;
005-020-1234-0950,
Coliseum Rental, Account No. 005-020-1234-0936,
$3,100.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29633) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Civic Center Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 256.)
240
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29633. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ......... 6.
NAYS: None ......... O.
(Council Member Musser was absent.)
BUDGET-REFUSE COLLECTION: The City Manager submitted a written
report advising that regional landfill fees were $11.00 per ton at the
beginning of fiscal year 1988-89; that the fiscal year 1988-89 budget
included $600,000.00 for landfill disposal fees, based on $11.00 per
ton; that landfill fees increased $2.00 per ton, beginning January 1,
1989; and solid waste disposed of from January, 1989 through May, 1989
is as follows:
January 3,641.19 tons
February 2,896.16 tons
March 4,159.32 tons
April 4,424.95 tons
May 5,281.57 tons
Total 20,403.19 tons
It was further advised that funds are needed to cover 20,403 tons,
at an increased rate of $2.00 per ton; and increased landfill fees have
caused a budget shortfall of $40,806.00
The City Manager recommended that Council appropriate $40,806.00
Insurance, Account No. 001-050-1237-3020, to Fees for Professional
Services, Account No. 001-052-4210-2010.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29634)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 257.)
Mr. Garland moved the adoption of Ordinance No. 29634. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ................... 6.
NAYS: None ............... O.
(Council Member Musser was absent.)
FIRE DEPARTMENT-CITY EMPLOYEES: The City Manager submitted a
written report advising that pursuant to Resolution No. 4748, adopted
by Council on Monday, February 28, 1936, a policy was established for
payment of regular salaries in lieu of other compensation paid by the
City, to employees of the Police and Fire Departments absent from duty
due to line-of-duty injuries, not to exceed 60 days without approval of
Council; that Council may consider compensating the employee injured in
the line of duty for additional time absent from his regular duty, in
excess of 60 days, but in no event will payment in excess of 60 days be
made until authorized by Council.
It was further advised that on November 11, 1988, Firefighter John
C. Arrington was injured during physical training while on duty at Fire
Station No. 9; that Firefighter Arrington suffered a knee injury and
was treated conservatively with physical therapy in an attempt to avoid
surgery and released for duty on January 12, 1989; that Firefighter
Arrington continued to work until March 24, 1989, when he re-injured
his right knee while on duty, which required reconstructive surgery on
May 15, 1989, at the Roanoke Orthopedic Clinic; and Firefighter
Arrington received full pay on March 24, 1989, and continued to receive
full payment, pursuant to Resolution No. 4748 for 60 days, until
May 23, 1989.
II
ACTION:
241
It was explained that Fireftghter Arrington has not returned to
duty and his doctor advises that complete recovery may take as long as
one year, and he anticipates that Firefighter Arrington will be allowed
to be placed on light duty status in several months; and Council's
authorization is required for regular salary payment beyond 60 days to
Fireftghter Arrtngton during his continued absence from duty due to
line of duty injuries.
The City Manager recommended that Council authorize continued
regular salary payment to Ftreftghter John C. Arrington, retroactive to
May 24, 1989, for a period of 60 days from May 24, 1989, or until he is
able to return to duty, whichever occurs first.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29635) A RESOLUTION extending the pay benefits provided for by
Resolution No. 4748 for a certatn emergency service employee.
(For full text of Resolution, see Resolution Book No. 51, page 257.)
Mr. Bowers moved the adoption of Resolution No. 29635. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor .................... 6.
NAYS: None ................
(Council Member Musser was absent.)
BUDGET-POLICE DEPARTMENT: The City Manager submitted a written
report advising that Congress amended 21 USC. Section 881 el-4, in
October, 1986, which authorized the transfer of certain federally for-
feited property to state and local law enforcement agencies that par-
ticipated in the investigation and seizure of the property; that
application for an equitable share of property seized by local law
enforcement must be made to the U. S. Department of Justice and cer-
tified by the City Attorney as to the appropriate agency and represen-
tative to receive the property and transfer is not prohibited by state
or local law; and property, including funds shared with state and local
agencies, may be used only for the purpose stated in the application,
i.e., narcotics investigations related to law enforcement.
It was further advised that the agency requesting the transfer of
property must agree to pay fees and expenses necessary to effect the
transfer; that on January 4, 1988, Council, at its regular meeting,
authorized the Director of Finance to establish grant fund accounts
from which funds may be dispersed in accordance with provisions of the
program; that the Police Department receives additional funds periodi-
cally from the Federal Government's asset sharing program; and
Council's action is needed to accept additional funds to be dispersed
in accordance with provisions of the program.
(t was explained that revenues collected to date for the grant
funds are $78,688.00 and deposited in Grant Account No. 035-050-1234-
7060; that the current account estimate is $54,300.00; and funding
recetved in excess of the estimated revenue, which totals $24,388.00,
needs to be appropriated by Council at this time.
The City Manager reconmended that Council accept additional funds,
in the amount of $24,388.00, from the U. S. Department of Justice,
Forfeited Property Sharing Program, and authorize the Director of
Finance to. appropriate $24,388.00 to Investigations and Rewards,
Account No. 035-050-3300-2150, and increase the revenue estimate for
said grant by $24,388.00.
(For full text, see report on file in the City Clerk's Office.)
242
ACTION:
ACTION:
Mrs. Bowles offered the following emergency budget Ordinance:
(#29636) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 258.)
Mrs. Bowles moved the adoption of Ordinance No. 29636. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bo~les
and Mayor Taylor ....... 6.
NAYS: None ......... O.
(Council Member Musser was absent.)
BUDGET-GRA~TS-HOUSING: The City Manager submitted a written
report advising that Council authorized the filing of a Con~nunity
Development Block Grant (CDBG) application to the Department of Housing
and Urban Development (HUD) for fiscal year 1989-90 on April 10, lg89,
pursuant to Resolution No. 29512; that approval by HUD of the City's
fiscal year 1989-g0 CDBG application was received pursuant to a com-
munication under date of June 9, 198g; that grant approval is for the
amount requested by the City or $1,547,000.00; and the report includes
$714,443.00 in expected CDBG program income from parking receipts,
Housing Authority rehabilitation loan repayments, Cooper Industries
land lease, Coca-Cola UDAG loan repayment and interest payment from
Downtown Associates for a short-term loan, as follows:
CDBG Entitlement
Program Income
Total Appropriation
$1,547,000.00
714,443.00
2,261,443.00
It was further advised that $219,446.00 needs to be transferred
from older projects to projects included in the fiscal year 1989-g0
CDBG program, and $39,902.00 in CDBG program income received in fiscal
year lgSg needs to be appropriated for fiscal year 1989-90 projects.
The City Mana§er recoanended that Council authorize the following:
Adopt a resolution accepting the fiscal year
1989-90 COBG funds approved by HUD and authorizing
the City Manager to execute the requisite Grant
Agreement, Funding Approval, and any other forms
required by HUD on behalf of the City in order to
accept such funds.
Appropriate $2,261,443.00 to revenue and expen-
diture accounts in the Grant Fund to be established
by the Director of Finance ($1,547,000.00 CDBG
entitlement and $714,443.00 projected program inco-
me) as detailed in Attachment B of the report.
Transfer $219,446.00 from older accounts and
appropriate fiscal year lg89 program income of
$3g,902.00 to Grant Fund accounts as detailed in
Attachment C of the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29637) AN ORDINANCE to amend and reordatn certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 259.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29637. The
motion was seconded by Mr. Trout and adopted by the following vote:
243
m
ACTION:
ACTION:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor- . .......... 6.
NAYS: None---
(Council Member Musser was absent,)
Mr, Trout offered the following Resolution:
(#29638) A RESOLUTION accepting a certain Community Development
Block Grant offer made to the City by the United States Department of
Housing and Urban Development for funds for Program Year 1989-1990; and
authorizing execution of the City's acceptance of such grant and the
agreement on behalf of the City to comply with the terms and conditions
of the grant and applicable laws; regulations, and requirements per-
taining thereto.
(For full text of Resolution, see Resolution Book No. 51, page 261.)
Mr. Trout moved the adoption of Resolution No. 29638. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor- 6.
NAYS: None.
O.
(Council Member Musser was absent.)
GRANTS-SOUTHWEST VIRGINIA COMMUNITY DEVELOPMENT FUND: The City
Manager submitted a written report advising that Council authorized the
Western Virginia Revolving Loan Fund as a part of the Community
Development Block Grant (CDBG) application, adopted on Monday,
April 10, 1989, pursuant to Resolution No. 29512; and the City received
HUD approval of the CDBG application, pursuant to communication under
date of June 9, 198g.
It was further advised that the Western Virginia Revolving Loan
Fund is a project operated by Southwest Virginia Community Development
Fund (SVCBF) to provide low interest loans to small businesses in
greater northwest Roanoke and industrial areas of the City for the
creation of jobs; that local matching funds necessary for the program
are provided by $33,333.00 in CDBG funds, which will leverage a minimum
of $411,111.00 additional funds from various sources for businesses in
Roanoke; that an administrative agreement between the City and SVCDF is
necessary for the funds to be disbursed for business loans; and the
SVCDF Board of Directors approved the agreement at its meeting on
May 16, 1989.
The City Manager recommended that he be authorized to execute an
agreement with the Southwest Virginia Conmmnity Development Fund for
administration and implementation of the Western Virginia Revolving
Loan Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29639) AN ORDINANCE authorizing the execution of a written
agreement with the Southwest Virginia Community Development Fund for
the implementation and administration of the Western Virginia Revolving
Loan Fund program, providing for certain Community Development Block
Grant (CDBG) funds for the purpose, for the period beginning July 1,
1989, and ending June 30, 1990; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 261.)
Mr. Trout moved the adoption of Ordinance No. 29639. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor--- · ....... 6.
NAYS: None ....
(Council Member Musser was absent.)
244'
ACTION:
GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager sub-
mitted a written report advising that on June 13, 1988, pursuant to
Resolution No. 29149, Council approved subm(ssion of the 1988-89
Come, unity Development Block Grant (CDBG) program and budget; that
approval of the CDBG program included $5,000.00 matching funds priva-
tely raised for the Main Street Coordinator for the Williamson Road
Area Business Association {WRABA); and HRABA has developed a five-year
business revitalization plan for the area, including duties and respon-
sibilities for the Main Street Coordinator, to promote the Williamson
Road area and recruit businesses to locate in the area, thereby pro-
viding increased employment in the community.
It was further advised that WRABA has retained a coordinator to
promote the Williamson Road corridor to both local and area businesses;
that the Main Street Coordinator has recruited new business members,
helped develop an advertising program, coordinated special events and
encouraged businesses to locate in the corridor; that office space for
the Main Street Coordinator has been provided by Virginia Hair Acaden]y;
and WRABA has raised matching funds, in the amount of $21,000.00, as
required by the grant application.
The City Manager recommended that he be authorized to execute a
contract with WRABA for a grant, in the amount of $5,000.00, in CDBG
funds, subject to approval by the City Attorney, for the purpose of
retaining a Main Street Coordinator by the Williamson Road Area
Business Association.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29640) AN ORDINANCE authorizing the execution of a grant
agreement with the Wtlltamson Road Area Business Association; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 262.)
Mrs. Bowles moved the adoption of Ordinance No. 29640. The ~tion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ....... 6.
NAYS: None ......... O.
(Council Member Musser was absent.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Fifth
District Employment and Training Consortium administers the Sunm~r
Youth Program for economically disadvantaged youth in the Fifth
Planning District; that the program operates from May I to September 30
of each year; that the Governor's Employment and Training Department's
(GETD) Policy Guidance Memorandum #89-01 allows for a maximum of 30 per
cent expenditures for administration of six per cent funds under Title
II-A; that the City of Roanoke is the grant recipient for Consortium
funding; and Council must appropriate the funding for all grants
received by the Consortium.
It was further advised that Notice of Award No. 89-113-03 has been
received, in the amount of $489,311.00, of which $424,488.00 is new
funding for the Sun~ner Youth Program; that $64,823.00 of last year's
Sunmmr Youth Funding needs to be deobltgated and appropriated to
current year availability, as indicated by Notice of Award No.
89-113-03; that fiscal year 1989 consortium appropriations and revenues
need to be adjusted to reflect the change in administrative allocation
of six per cent funds as directed by the Governor's Employment and
Training Department Memo No. 89-01; and said funds are used for
"hard-to-serve" individuals, in accordance with Job Training Partner-
ship ACT (JTPA) requirements.
245 1
The City Manager recommended that Council authorize the Director
of Finance to establish accounts to appropriate the Consortium's net
funding adjustment of $424,488.00, and increase the revenue estimate by
$424,488.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29641) AN ORDI)IANCE to amend and reordain certain sections of
the 1988-89 Consortium Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 362.)
ACTION: Mr. Bowers moved the adoption of Ordinance No. 29641. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ..................... 6.
NAYS: None ................
Om
(Council Member Musser was absent.)
MUNICIPAL PARKING GARAGE-VIRGINIA TECH: The City Manager sub-
mitted a written report advising that Council, pursuant to Ordinance
No. 29380, adopted on Monday, November 30, 1988, appropriated
$250,000.00 to convert the former Macado's space in the Municipal
Parking Garage into the Roanoke Valley Graduate Center, in conjunction
with Virginia Polytechnic Institute and State University, who is the
lead school for the five schools involved.
It was further advised that an accounts receivable was established
for reimbursement of the project cost from Virginia Tech, not to exceed
the above appropriation; that bids were received on the project on
Monday, March 20, 1989, before Council, with Breakell, Inc., being the
low bidder, in the amount of $134,900.00 and 105 consecutive calendar
days for completion of the work; and Council accepted the low bid of
Breakell, Inc., and awarded the contract on Monday, March 20, 1989.
It was explained that one administrative change order has been
executed to date, in the amount of $1,655.00, with no additional time
requested; that the change order was for conditions on the job site
that differed from the contract drawings, changes requested by the Fire
Marshal and the Building Commissioner and for additions to the contract
as requested by Virginia Tech; that a computer connection to the main
frame on the Virginia Tech campus has been the most difficult problem
to overcome in locating the Graduate Center in the downtown area, with
Virginia Tech contributing a great deal of effort in order to solve the
problem; that the following additions have been requested by Virginia
Tech to be incorporated into the contract; and the quotations for the
work from the contractor included a request for three additional days
for completion, as follows.
"Install underground conduit from the computer
building at Virginia Western Conmmnity College,
that is connected to the Virginia Tech computer,
some 600' + across campus to the satellite tower to
be transmt-~ted by microwave to the top parking
level of the Municipal Parking Garage.
Amount - $8,891.00
Erect a mast on the top parking deck of the
Municipal Parking Garage and install a junction box
at the base of the mast. Extend 4' conduit from
this point down the back side of the parking struc-
ture and then back to the Administrative Office
area of the Graduate Center. Provide and install a
lightning arrestor system for this installation.
Amount - $17,477.00
246
ACTION:
ACTION:
Total amount of Change Order No. 2 - $26,368.00 and
three additional days requested for this additional
work."
The City Manager recommended that Council approve Change Order
No. 2 with Breakell, Inc., in the total amount of $26,368.00, and three
additional consecutive calendar days.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29642) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 2 to the City's contract with Breakell' Inc., for
construction improvements for the Roanoke Valley Graduate Center; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 263.)
Mr. Trout moved the adoption of Ordinance No. 29642. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ..................................................... 6.
NAYS: None ..............
(Council Member Musser was absent.)
BUDGET-CITY PROPERTY-SCHOOLS: The City Manager submitted a writ-
ten report advising that Council, pursuant to Resolution No. 29225,
adopted on Monday, July 25, 1988, authorized demolition of the Tinker
Creek School building; that the Resolution attracted the attention of
several citizens who wished to acquire the structure for various uses,
such as residential and conmmrcial, which has caused delays while the
proposals were analyzed; that all proposals were rejected as being
incompatible with the needs and wishes of the City and the neighborhood
group; that demolition was requested by immediate neighbors and the
Williamson Road Action Forum; and the lapse of almost a year has caused
concern, resulting in recent requests for action.
It was further advised that the Department of General Services
advertised the demolition of the building on May 17, 1989; and bids
were received on May 26, 1989, from the following:
J. H. White, Inc.
Total Action Against Poverty
Alan Amos, Amos Wrecking Co.
$17,274.00
19,936.00
24,250.00
The City Manager recon~nended that Council authorize the
appropriate City officials to accept the low bid, in the amount of
$17,274.00 from J. H. White, Inc., to demolish the former Tinker Creek
School; authorize execution of a standard demolition agreement con-
taining insurance and indemnification provisions and performance stan-
dards; and transfer $17,600.00 from Account No. 001-050-1237-2020 to an
account to be established by the Director of Finance in the Capital
Projects Fund to fund demolition, advertisement and associated costs.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29643) AN ORDINANCE to amend and reordatn certain sections of
the 1988-89 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 264.)
Mrs. Bowles moved the adoption of Ordinance No. 29643. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
ACTION:
ACTION:
ACTION:
247
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor- 6.
NAYS: None--
5
(Council Member Musser was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#29644) AN ORDINANCE accepting the bid of J. H. White, Inc., for
demolition of the building formerly known as Tinker Creek School, upon
certain terms and conditions, and awarding a contract therefor;
authorizing the appropriate City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for
the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 265.)
Mrs. Bowles moved the adoption of Ordinance No. 29644. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor-- 6.
NAYS: None-- O.
(Council Member Musser was absent.)
BUDGET-REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a
written report concurring in a report of the bid committee in connec-
tion with the purchase of a trailer mounted tree and brush chipper.
The bid committee recon~nended that Council accept the lowest
responsible bid meeting specifications for one new trailermounted tree
and brush chipper, as submitted by MSC Equipment, Inc., including
diesel engine, in the total amount of $13,315.00; and reject all other
bids.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29645) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 265.)
Mr. Garland moved the adoption of Ordinance No. 29645. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ......... 6.
NAYS: None--
(Council Member Musser was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29646) AN ORDINANCE accepting the bid of MSC Equipment, Inc.,
made to the City for furnishing and delivering one (1) new trailer
mounted tree and brush chipper, including diesel engine, rejecting all
other bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 266.)
Mr. Garland moved the adoption of Ordinance No. 29646. The motion
was seconded by Mr. Trout and adopted by the following vote:
248
ACTION:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor .... 6.
NAYS: None .....
(Council Member Musser was absent.)
PARKS AND PLAYGROUNDS: The City Manager submitted a written
report concurring in a report of the bid committee with regard to con-
cessions at Fallon Park Swimming Pool.
The bid committee reconmmnded that Council accept the bid for
operating concessions at Fallon Park Swimming Pool, for the period of
June 1, 1989, to September 6, 1989, as submitted by P & L Concessions,
in the amount of ten per cent of gross sales.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29647) AN ORDINANCE accepting the bid of P & L Concessions for
certain concession privileges to be exercised at the Fallon Park
swimming pool upon certain terms and conditions; and authorizing the
execution of the requisite concession agreement.
(For full text of Ordinance, see Ordinance Book No. 51, page 280.)
The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ......... -6.
NAYS: None ....... -0.
(Council Member Musser was absent.)
DIRECTOR OF FINANCE:
BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The Director of Finance sub-
mitted a written report advising that capital projects of all types
have been approved by Council for construction over the past years;
that the projects have included construction in major categories for
buildings, parks, highways, sanitary sewers and storm drains; that
funding is established for each project when Council approves the
construction, based on recommendations of the various bid construction
costs, as well as extra funding for possible contingencies; and
completed projects often have relatively small amounts of contingency
funds remaining after final bills are paid because most projects are
completed within the established budgets.
It was further advised that the closeout of projects authorized by
Council is needed in order to clear the completed projects from the
current project listing, as well as to transfer the remaining funds
from the completed projects to capital projects still under construc-
tion or to capital reserve accounts for other future construction; and
proceeds, in the amount of $321,315.00, from the sale of 19.6 acres of
land at the Roanoke Centre for Industry and Technology to Sun Link
Corporation needs to be formally accepted and appropriated by Council
in the Capital Improvement Reserve - Economic Development, Account No.
008-052-9575-9178.
The Director of Finance reconmmnded that Council authorize the
closeout of completed capital projects and the transfer of funds into
capital reserve accounts as set forth in an accompanying budget ordi-
nance; and appropriate $321,315.00 land sale proceeds into Capital
Improvement Reserve - Economic Development, Account No. 008-052-9575-
9178.
(For full text, see report on file in the City Clerk's Office.)
249
ACTION:
ACTION:
Mr. Trout offered the following emergency budget Ordinance:
(#29648) AN ORDINANCE to amend and reordatn certain sections of
the 1988-89 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 267.)
Mr. Trout moved the adoption of Ordinance No. 29648. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor- · ..........6.
NAYS: None-- - .......... O.
(Council Member Musser was absent.)
CITY ATTORNEY:
CITY ATTORNEY-CLAIMS: The City Attorney submitted a written
report advising that he has authority to settle litigation and claims
against the City and its officers and employees in amounts not to
exceed $10,000.00; that the level of authority has not been increased
for sometime; and an increase would be in order to expedite the busi-
ness of the City.
The City Attorney recon~ended that Council adopt a measure which
would increase his authority to settle litigation and claims in amounts
not to exceed $20,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29649) AN ORDINANCE amending and reordaining §2-138, Authority
to compromise and settle disputes and claims, of the Code of the City
of Roanoke (1979), as amended, to authorize the City Attorney to
compromise and settle litigation, disputes, claims or controversies
involving the City or its officers and employees in an amount not to
exceed $20,000.00; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 268.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29649. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor--- ........... 6.
NAYS: None ....... O.
(Council Member Musser was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
PARKS AND PLAYGROUNDS: Ordinance No. 29621 accepting the bid of
D & B Outfitters, for a fee of $2,100.00 for the period of June 1,
1989, to May 31, 1990, for concession privileges at Carvtns Cove,
having previously been before the Council for its first reading on
Monday, June lg, 1989, read and adopted on its first reading and laid
over, was again before the body, Mr. Garland offering the following for
its second reading and final adoption:
(#29621) AN ORDINANCE accepting a bid for concession privileges
at Carvins Cove upon certain terms and conditions; and authorizing the
execution of the requisite concession agreement.
(For full text of Ordinance, see Ordinance Book No. 51, page 254.)
250
ACTION:
ACTION:
Mr. Garland moved the adoption of Ordinance No. 29621. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ............... 6.
NAYS: None .................
(Council Member Musser was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
At 3:00 p.m., Council Member Musser entered the meeting.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
SCHOOLS: Council Member Bowers referred to certain action
recently taken by the Roanoke City School Board in connection with the
contract to take effect on July 1, 198g, with the Superintendent of
Schools, and asked that the City Attorney respond to the following
questions:
Was the City Attorney's Office involved in the
negotiations and when?
Who presented the contract to the City Attorney's
Office?
Did the City Attorney's Office provide advice on
the contract? If so, was that advice given to the
School Board or to the Superintendent of Schools?
Did the City Attorney's Office reconmmnd that cer-
tain items be omitted? Did the Chairman of the
School Board ultimately by approval of the
contract, adhere to those recoanendations?
When does the contract take effect?
How many members of the School Board received the
City Attorney's advice?
Does the School Board have the authority to give
the Superintendent X number of dollars?
Mr. Bowers expressed concern over the issue of hiring an indivi-
dual in a public sector job for a post retirement contract, advising
that such practice is unconsionable and against public policy. Ne
asked that the City Attorney forthwith submit a report to Council on
the circumstances of the Superintendent's contract and the legal posi-
tion of Council in connection therewith.
The City Attorney requested that he be given until the latter part
of the week of July 4, 1989, to report to Council inasmuch as both he
and the Chief Assistant City Attorney would be out of the office on
annual leave. ~.
STATE POLICE HELICOPTER: The Vice-Mayor called attention to a
resolution adopted by the Town of Blacksburg in support of maintaining
the base of the state police helicopter at the Virginia Tech Airport,
and asked that the City Attorney prepare a similar measure on behalf of
the City of Roanoke. He advised that the state police is investigating
the possibility of moving the base headquarters to Abington, Virginia,
and pointed out that the helicopter base should be closer to the major
urban area of western Virginia.
Mr. Fitzpatrick moved that the matter be referred to the City
Attorney, for preparation of the proper measure. The motion was
seconded by Mr. Musser and unanimously adopted.
ACTION:
ACTIOH:
ACTION:
ACTZON:
ACTION:
251
OTHER HEARINGS OF CITIZENS: NONE.
At 3:05 p.m., the Mayor declared the meeting in recess.
At 5:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
WATER DEPARTMENT-LANDMARKS: The Mayor advised that the one year
terms of Messrs. James N. Kincanon, David H. Burrows, Philip H. Lemon,
Richard L. Meagher, Thomas D. Taylor, Robert W. Woody, James H. Buck,
Lawrence M. Taylor and Robert W. Boyd as members of tile Advisory Com-
mittee - Crystal Spring Pumping Station would expire on June 30, 1989,
and called for nominations to fill the vacancies.
Mr. Trout placed in nomination the names of Messrs. James N.
Kincanon, David H. Burrows, Philip H. Lemon, Richard L. Meagher,
Thomas D. Taylor, Robert W. Woody, James H. Buck, Lawrence M. Taylor
and Robert W. Boyd.
There being no further nominations, Messrs. Kincanon, Burrows,
Lemon, Meagher, Taylor, Woody, Buck, Taylor and Boyd were reelected as
members of the Advisory Comittee - Crystal Spring Pumping Station, for
terms of one year, each, ending June 30, 1990, by the following vote:
FOR MESSRS. KINCANON, BURROWS, LEMON, MEAGHER, TAYLOR, WOODY,
BUCK, TAYLOR AND BOYD: Council Members Fitzpatrick, Garland, Musser,
Trout, Bowers, Bowles and Mayor Taylor-- 7.
Mr. Trout moved that the City residency requirement for Mr.
James H. Buck be waived in this instance. The motion was seconded by
Mr. Garland and unanimously adopted.
CITIZENS' SERVICES COMMITTEE: The Mayor advised that the one year
terms of Ms. Robbie H. Burton, Mr. James D. Ritchie, Mr. Stanley R.
Hale, Mr. Harold P. Kyle, Mr. Raleigh Campbell, Ms. Bernice F. Jones
and Mr. Alphonso McCain as members of the Citizens' Services Committee
would expire on June 30, 1989, and called for nominations to fill the
vacancies.
Mr. Trout placed in nomination the names of Ms. Robbte H. Burton,
Mr. James D. Ritchie, Mr. Stanley R. Hale, Mr. Harold P. Kyle, Mr.
Raleigh Campbell, Ms. Bernice F. Jones and Mr. Alphonso McCain.
There being no further nominations, Ms. Burton, Mr. Ritchie, Mr.
Hale, Mr. Kyle, Mr. Campbell, Ms. Jones and Mr. McCain were reelected
as members of the Citizens' Services Con~nittee, for terms of one year,
each, ending June 30, 1990, by the following vote:
FOR MS. BURTON, MR. RITCHIE, MR. HALE, MR. KYLE, MR. CAMPBELL, MS.
JONES AND MR. MCCAIN: Council Members Fitzpatrick, Garland, Musser,
Trout, Bowers, Bowles and Mayor Taylor- - .......7.
Mr. Trout moved that the City residency requirement for Mr.
James D. Ritchie be waived in this instance. The motion was seconded
by Mr. Garland and unanimously adopted.
ECONOMIC DEVELOPMENT COMMISSION: The Mayor advised that the three
year terms of Messrs. W. Robert Herbert, Brian J. Wishneff, Stanley R.
Hale and Charles R. Saul as members of the Economic Development
Con~ntssion would expire on June 30, 1989, and called for nominations to
fill the vacancies.
Mr. Trout placed in nomination the names of Messrs. W. Robert
Herbert, Brian J. Wtshneff, Stanley R. Hale and Charles R. Saul.
There being no further nominations, Messrs. Herbert, Wishneff,
Hale and Saul were reelected as members of the Economic Development
Con~ntsston, for terms of three years, each, ending June 30, 1992, by
the following vote:
FOR MESSRS. HERBERT, WISHNEFF, HALE AND SAUL: Council Members
Fitzpatrick, Garland, Musser, Trout, Bowers, Bowles and Mayor
Taylor-- - .......... 7.
252
ACTION:
ACTION:
ACTION:
ACTION:
FLOODS (FLOOD PLAIN COMMITTEE): The Mayor advised that the one
year terms of Messrs. Edgar V. Wheeler, Read A. Lunsford, J. T.
Hopkins, Jr., Jim Sailors, George L. Pitzer, James F. Williams,
Robert H. Bennett, Jr., Charles F. Herberger, Charles R. Minter and
Terry N. Grimes as members of the Flood Plain Committee, would expire
on June 30, 1989that Messrs. Herberger and Minter had declined to serve
another term; and called for nominations to fill the vacancies.
Mr. Trout placed in nomination the names of Messrs. Edgar V.
Wheeler, Read A. Lunsford, J. T. Hopkins, Jr., Jim Sailors, George L.
Pttzer, James F. Williams, Robert H. Bennett, Jr., and Terry N. Grimes.
There being no further nominations, Messrs. Wheeler, Lunsford,
Hopkins, Sailors, Pttzer, Williams, Bennett and Grimes were reelected
as members of the Flood Plain Committee for terms of one year, each,
ending June 30, 1990, by the following vote:
FOR MESSRS. WHEELER, LUNSFORD, HOPKINS, SAILORS, PITZER, WILLIAMS,
BENNETT AND GRIMES: Council Members Fitzpatrick, Garland, Musser,
Trout, Bowers, Bowles and Mayor Taylor ...... 7.
Mr. Trout moved that the City residency requirement for Mr. Jim
Sailors be waived in this instance. The motion was seconded by Mr.
Garland and unanimously adopted.
SCHOOLS: The Mayor advised that the one year terms of Mr.
Beverly T. Fitzpatrick, Sr., Mr. Horace G. Fralin, Mr. Theodore J.
Edlich, III, Mr. Richard A. Dearing, Mr. Warner N. Dalhouse, Ms.
Katherine A. Roche and Ms. Vaunda Leftwich as members of the Jefferson
High School Committee would expire on June 30, 1989; that Ms. Roche
has declined to serve another term, and called for nominations to fill
the vacancies.
Mr. Trout placed in nomination the names of Mr. Beverly T.
Fitzpatrick, Sr., Mr. Horace G. Fralin, Mr. Theodore J. Edlich, III,
Mr. Richard A. Dearing and Mr. Warner N. Dalhouse.
There being no further nominations, Messrs. Fitzpatrick, Fralin,
Edlich, Dearing and Warner were reelected as members of the Jefferson
High School Committee for terms of one year, each, ending June 30,
1990, by the following vote:
FOR MESSRS. FITZPATRICK, FRALIN, EDLICH, DEARING, WARNER AND MS.
ROCHE: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers,
Bowles and Mayor Taylor .................... 7.
PARKS AND PLAYGROUNDS: The Mayor advised that the one year terms
of Mr. Robert N. Fishburn, Mr. M. Carl Andrews, Ms. Betty C. Winfree,
Mr. Carl H. Kopttzke, Ms. Frances S. Boon and Mr. L. Thompson Hanes as
members of the Mill Mountain Development Committee would expire on
June 30, 1989, and called for nominations to fill the vacancies.
Mr. Trout placed in nomination the names of Mr. Robert N.
Fishburn, Mr. M. Carl Andrews, Ms. Betty C. Winfree, Mr. Carl H.
Kopitzke, Ms. Frances S. Boon and Mr, L. Thompson Hanes.
There being no further nominations, Mr. Fishburn, Mr. Andrews, Ms.
Wtnfree, Mr. Kopitzke, Ms. Boon and Mr. Hanes were reelected as members
of the Mill Mountain Development Committee for terms of one year, each,
ending June 30, 1990, by the following vote:
FOR MR. FISHBURN, MR. ANDREWS, MS. WINFREE, MR. KOPITZKE, MS. BOON
AND MR. HANES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .............. 7.
PERSONNEL: The Mayor advised that the three year terms of Messrs.
Frederick L. Bulbin and Lewis W. Peery as members of the Personnel and
Employment Practices Commission would expire on June 30, 1989, and
called for nominations to fill the vacancies.
!
ACTION:
ACTION:
ACTION:
m
ACTION:
253 t
Mr. Trout placed in nomination the names of Messrs. Frederick L.
Bulbin and Lewis W, Peery.
There being no further nominations, Messrs. Bulbin and Peery were
reelected as members of the Personnel and Employment Practices
Commission, for terms of three years, each, ending June 30, 1992, by
the following vote:
FOR MESSRS. BULBIN AND PEERY: Council Members Fitzpatrick,
Garland, Musser, Trout, Bowers, Bowles and Mayor Taylor--- 7.
ROANOKE ARTS COMMISSION: The Mayor advised that the three year
terms of Ms. Melody S. Stovall, Ms. Mimi Hodgin, Mr. Richard L.
Meagher and Ms. Joan T. Martin as members of the Roanoke Arts
Commission would expire on June 30, 1989, and called for nominations to
fill the vacancies.
Mr. Trout placed in nomination the names of Ms. Melody S. Stovall,
Ms. Mimi Hodgin, Mr. Richard L. Meagher and Ms. Joan T. Martin.
There being no further nominations, Ms. Stovall, Ms. Hodgin, Mr.
Meagher and Ms. Martin were reelected as members of the Roanoke Arts
Con~nission, for terms of three years, each, ending June 30, 1992, by
the following vote:
FOR MS. STOVALL, MS. HODGIN, MR. MEAGHER AND MS. MARTIN: Council
Members Fitzpatrick, Garland, Musser, Trout, Bowers, Bowles and Mayor
Taylor- - ....... 7.
LIBRARIES: The Mayor advised that the three year terms of Mr.
John D. Copenhaver, Mr. Delvis O. McCadden and Ms. Katherine G. Cochran
as members of the Roanoke Public Library Board would expire on June 30,
1989; that Ms. Cochran had declined to serve another term; and called
for nominations to fill the vacancies.
Mr. Trout placed in nomination the names of Messrs. John D.
Copenhaver and Delvts O. McCadden.
There being no further nominations, Messrs. Copenhaver and
McCadden were reelected as members of the Roanoke Public Library Board
for terms of three years, each, ending June 30, 1992, by the following
vote:
FOR MESSRS. COPENHAVER AND MCCADDEN: Council Members Fitzpatrick,
Garland, Musser, Trout, Bowers, Bowles and Mayor Taylor .............. 7.
CELEBRATIONS (SPECIAL EVENTS COMMITTEE): The Mayor advised that
the one year terms of Ms. Katherine A. Roche, Ms. Dana B. Lee, Ms.
Carol B. Dalhouse, Ms. Marionette Sprauve', Mr. Boreham Boyd Johnson,
Mr. Greg Feldmann, Mr. Samuel G. Oakey, Jr., Mr. Marc J. Small, Mr.
James C. Butler, Mr. Greg T. Trafidlo, Ms. Monica Loughrtdge and Ms.
Nina C. Bolden as members of the Special Events Committee would expire
on June 30, 1989; that Mr. Johnson, Ms. Loughridge and Ms. Roche had
declined to serve another term; and called for nominations to fill the
vacancies.
Mr. Trout placed in nomination the names of Ms. Dana B.~Lee, Ms.
Carol B. Dalhouse, Ms. Marionette Sprauve', Mr. Greg Feldmann, Mr.
Samuel G. Oakey, Jr., Mr. Marc J. Small, Mr. James C. Butler, Mr.
Greg T. Trafidlo and Ms. Nina C. Bolden.
There being no further nominations, Ms. Lee, Ms. Dalhouse, Ms.
Sprauve', Mr. Feldmann, Mr. Oakey, Mr. Small, Mr. Butler, Mr. Trafidlo
and Ms. Bolden were reelected as members of the Special Events
Committee, for terms of one year, each, ending June 30, 1990, by the
following vote:
FOR MS. LEE, MS. DALHOUSE, MS. SPRAUVE', MR. FELDMANN, MR. OAKEY,
MR. SMALL, MR. BUTLER, MR. TRAFIDLO AND MS. BOLDEN: Council Members
Fitzpatrick, Garland, Musser, Trout, Bowers, Bowles and Mayor
Taylor- . ............. 7.
254
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the City residency requirement for Mr. Greg
Trafidlo be waived in this instance. The motion was seconded by Mr.
Garland and unanimously adopted.
WAR MEMORIAL COMMITTEE: The Mayor advised that the one year terms
of Messrs. W. Robert Herbert, Thomas R. Plymale, William B. Bagbey and
Alfred C. Moore as members of the War Memorial Committee would expire
on June 30, 1989, and called for nominations to fill the vacancies.
Mr. Trout placed in nomination the names of Messrs. W. Robert
Herbert, Thomas R. Plymale, William B. Bagbey and Alfred C. Moore.
There being no further nominations, Messrs. Herbert, Plymale,
Bagbey and Moore were reelected as members of the War Memorial
Committee, for terms of one year, each, ending June 30, 1990, by the
following vote:
FOR MESSRS. HERBERT, PLYMALE, BAGBEY AND MOORE: Council Members
Fitzpatrick, Garland, Musser, Trout, Bowers, Bowles and Mayor
Taylor .......... 7.
Mr. Trout moved that the City residency requirement for Mr.
Thomas R. Plymale be waived in this instance. The motion was seconded
by Mr. Garland and unanimously adopted.
PENSIONS: The Mayor advised that the four year term of Mr.
Thomas L. Robertson as a member of the Board of Trustees, City of
Roanoke Pension Plan would expire on June 30, 1989, and called for
nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Mr. Thomas L.
Robertson.
There being no further nominations, Mr. Robertson was reelected as
a member of the Board of Trustees, City of Roanoke Pension Plan, for a
term of four years ending June 30, 1993, by the following vote:
FOR MR. ROBERTSON: Council Members Fitzpatrick, Garland, Musser,
Trout, Bowers, Bowles and Mayor Taylor ............................... 7.
CITY EMPLOYEES-PENSIONS: Mr. Musser offered the following
emergency Ordinance providing for membership of certain City officers
in the City of Roanoke Pension Plan:
(#29650) AN ORDINANCE providing for membership of certain City
officers in the City of Roanoke Pension Plan and establishing the terms
and conditions of such membership; amending §22.1-2, Definitions, by
revising the definition of membership service, and §22.1-3, Member-
ship generally, adding new §22.1-4.1, Membership to include council-
appointed officers, and §22.1-4, Membership to exclude city manager and
Certain other city officers, of Chapter 22.1, Pensions and Retirement,
of the Code of the
Ctty ll'Cf Roanoke (1979), as amended; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 268.)
Mr. Musser moved the adoption of Ordinance No. 29650. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .......... 7.
NAYS: None ......................
CITY EMPLOYEES-PENSIONS: Mr. Musser offered the following
emergency Ordinance relating to participation of certain Officers in
the City of Roanoke Pension Plan and establishing certain terms and
conditions of such membership:
255
ACTION:
ACTION:
ACTION:
(#29651) AN ORDINANCE amending §22.1-44, Normal service retire-
merit, and ~£2.1-45, Early service retirement allowance, of Chapter
~2-2~-[, Pensions and Retirement, and §~2.1-62, Retirement and service
retirement allowance generally, of Chapter 22.~'~ Pensions and Retire-
ment, relating to p~ticipatton of certain City officers in the City of
R--'6~-~oke Pension Plan and establishing certain of the terms and con-
ditions of such membership; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 270.)
Mr. Musser moved the adoption of Ordinance No. 29651. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowles and Mayor Taylor- 6.
NAYS: Council Member Bowers 1.
COUNCIL-PENSIONS: Mr. Musser offered the following emergency
Ordinance relating to participation of Members of City Council in the
City of Roanoke Pension Plan and establishing certain terms and con-
ditions of such membership:
(#29652) AN ORDINANCE amending §22.1-44, Normal service retire-
merit, and §22.1-45, Early service retirement al*iowance, of
l~-~ter 22.1, Pensions and Retirement, relating to participation of
members of City Council in the City of Roanoke Pension Plan and
establishing certain of the terms and conditions of such membership;
and providing for an emergency.
Mr. Musser moved the adoption of Ordinance No. 29652. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowles and
Mayor Taylor .... 5.
NAYS: Council Members Bowers and Musser ........................ 2.
PENSIONS-CITY EMPLOYEES: Mr. Musser offered the following
emergency Ordinance relating to inclusion of prior government service
and definition of creditable service for members of the City of Roanoke
Pension Plan, and establishing terms and conditions of such inclusions:
(#29653) AN ORDINANCE amending §22.1-2, Definitions, of
Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke
(1979), as amended, by amending the definition of "creditable service"
and adding a new definition of "prior government service", amending
§22.1-13, Military service, of Chapter 22.1, Pensions and Retirement by
redesignating it as Military service and prior government service, by
amending §22.1-44, Normal service retirement, and §22.1-45, Early ser-
vice retirement allowance, of Chapter 22.1, Pensions and Retirement,
and by amending §22.1-62, Retirement and service retirement allowance
generally, of Chapter 22.1, Pensions and Retirement, the amended and
new sections relating to the inclusion of "prior government service" in
the definition of "creditable service" for members of the City of
Roanoke Pension Plan and establishing the terms and conditions of such
inclusions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 273.)
Hr. Musser moved the adoption of Ordinance No. 29653. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Musser, Trout, Bowers, Bowles
and Mayor Taylor ..................................................... 6.
NAYS: Council Member Garland
PAY PLAN-DIRECTOR OF FINANCE-CITY ATTORNEY-CITY CLERK-CITY
)tANAGER-MUNICIPAL AUDITOR-DIRECTOR OF REAL ESTATE VALUATION: Mr.
Musser offered the following emergency Ordinance establishing annual
salaries for the City Manager, City Attorney, Director of Finance,
Director of Real Estate Valuation, Municipal Auditor and City Clerk for
the fiscal year beginning July 1, lg89:
256
(#29654) AN ORDINANCE establishing annual salaries for the City
Manager, City Attorney, Director of Finance, Director of Real Estate
Valuation, Municipal Auditor and City Clerk for the fiscal year
beginning July 1, 1989, and providing for an emergency and an effective
date.
(For full text of Ordinance, see Ordinance Book No. 51, page 276.)
ACTION: Mr. Musser moved the adoption of Ordinance No. 29654. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .................. 7.
NAYS: None .................................
Oe
There being no further business, the Mayor declared the meeting
adjourned at 6:00 p.m.
City Clerk
APPROVED
Mayor
257
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
July 10, 1989
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, July 10, 1989, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Robert A. Garland, Howard E. Musser, James O.
Trout, David A. Bowers, Elizabeth T. Bowles and Mayor Noel C. Taylor .......... 6.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wtlburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Sandra H. Eaktn, Deputy City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
BIDS OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for replacement of Blower Engine No. 7 with a diesel fueled blower
drive unit at the Water Pollution Control Plant, said bids to be
received by the City Clerk until 4:30 p.m., on Monday, July 10, 1989,
and to be held, opened and read before the Council at 7:30 p.m., on
that date, or as soon thereafter as the matter may be heard, the Mayor
asked if anyone had any questions about the advertisement for bids, and
no representative present raising any question, the Mayor instructed
the Deputy City Clerk to proceed with the opening of the bids;
whereupon, the Deputy City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Branch & Associates, Inc.
Creative Construction and
Development Corporation
Structures and Utilities Co., Inc.
$828,800.00
860,911.00
868,000.00
Mr. Musser moved that the bids be referred to a co~nittee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Robert A. Garland, Chairman, Kit B. Ktser and
William F. Clark as members of the comnittee.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 10, 1989, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of R. G. Real Estate, Inc.,
that a tract of land located on Mountain View Terrace, S. W., con-
taining 1.52 acre, more or less, identified as Official Tax No.
1421501, be rezoned from RM-1, Residential Multi-Family, Low Density
District, and LM, Light Manufacturing District, to RM-2, Residential
Multi-Family, Medium Density District, the matter was before the body.
258
ACT[OH:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 23,
1989, and Friday, June 30'~ 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning is to bring existing multi-family structures which are
permitted non-conforming uses into conformance as allowed under RM-2
permitted uses, was before Council.
The Planning Commission recommended that the request for rezoning
be approved, advising that the proposed rezoning provides a variety of
housing choices in an existing neighborhood and corrects a non-conform-
ing use.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29655) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 142, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 301.)
The motion was seconded by Mr. Garland.
Mr. Robert L. Grubb, Attorney, appeared before Council in support
of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none, Ordi-
nance No. 29655 was adopted on its first reading by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ............ 6.
NAYS: None ..............
-0.
(Vice-Mayor Fitzpatrick was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 10, 1989, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Roanoke Country Club,
Inc., that the eastern portion of a 1.04 acre tract of land lying near
the northwest intersection of Melrose Avenue, N. W., and Country Club
Drive, N. W., being the northern portion of the lot formerly designated
as Official Tax No. 2660502, be rezoned from RS-3, Residential Single-
Family District, to C-1, Office District, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 23,
1989, and Friday, June 30, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning request is to comply with the conditions set forth
during the subdivision process requiring that "New Tract 2" as created
and combined will be in a single zoning district, as is consistent with
good zoning practice; and ultimately, the property will be used in con-
junction with the Roanoke Country Club's club house facility, was
before Council.
The Planning Commission reconm~nded that the request for rezoning
be approved, advising that good zoning practice suggests that parcels
should be singly zoned; and Roanoke Country Club contributes positively
to the neighborhood and any addition to the facility is not perceived
as being threatening to the neighborhood and community.
(For full text, see report on file in the City Clerk's Office.)
259
m
ACTION:
ACTZON:
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29656) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 302.)
The motion was seconded by Mr. Garland.
Mr. Daniel F. Layman, Jr., Attorney, appeared before Council in
support of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none,
Ordinance No. 29656, was adopted on its first reading by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .... 6.
NAYS: None--
(Vice-Mayor Fitzpatrick was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 10, 1989, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Messrs. George L. Bullock
and Steven T. Helm, that a tract of land containing 1/4 acre, more or
less, located at 1502 - 1504 Melrose Avenue, N. W., designated as
Official Tax No. 2222408, be rezoned from RM-2, Residential Multi-
Family, Medium Density District, to CN, Neighborhood Conmmrcial
District, subject to certain conditions proffered by the petitioners,
the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 23,
1989, and Friday, June 30, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request is to allow a vacant conm~rcial structure to be operated
as a neighborhood grocery store, was before Council.
The Planning Commission recommended that the request for rezoning
be approved, advising that the existing building was originally
intended and has been used in the past as a neighborhood grocery store;
and at the present time, CN zoning is the most appropriate alternative
to allow a reasonable and desirable use of the subject property.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29657) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 222, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 303.)
The motion was seconded by Mrs. Bowles.
Mr. B. K. Cruey, Attorney, appeared before Council in support of
the request of his clients.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none, Ordi-
nance No. 29657, was adopted on its first reading by the following
vote:
260
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ............. 6.
NAYS: None ........ O.
(Vice-Mayor Fitzpatrick was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 10, 1989, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Messrs. Gary A. Duncan
and Paul A. Duncan, a general partnership, that a tract of land lying
on the southeast side of Peters Creek Road, N. W., containing an aggre-
gate of 5.682 acres, being a portion of Official Tax No. 6421205, and
all of Official Tax Nos. 6421203 and 6421204, be rezoned from RS-3,
Residential Single Family, Medium Density District, to C-2, General
Con~nercial District, subject to certain conditions proffered by the
petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 23,
1989, and Friday, June 30~' 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Coantssion advising that the purpose
of the rezoning request is to permit the construction of a new automo-
bile dealership with the associated sales of used vehicles and/or
leasing of new and used vehicles, was before Council.
It was further advised that the following conditions were prof-
fered by the petitioners:
There will be no access off Thelma Street, N. W.;
Land for a 30 foot service road along the entire
front width of Peters Creek Road will be dedicated
to the public;
Access from Peters Creek Road to the property will
only be at the present signal light on Peters Creek
Road;
A 30 foot buffer of white pines, at least 6 feet
tall, staggered approximately each 12 feet will be
.planted along the rear portion of the property, as
shown on the map attached to the report of the
Planning Commission;
A 7% green space will be provided (5% is required
by Ordinance);
No portion of the property as rezoned will be
developed for any of the following uses: "Fast-
food" restaurant (i.e., a food-service business
characterized by counter or drive-through service
of foods prepared in advance); hotel or motel, con-
venience store, or mobile home park;
All loud speakers and lights will be positioned so
as to focus away from residential areas;
If no building permit has been issued or no
construction commenced within five (5) years from
date of final zoning approval, the zoning shall
revert to RS-3 without further action by Council.
The Planning Commission reconmmnded that the request for rezoning
be approved, advising that given the land use and zoning patterns along
Peters Creek Road, the proposed use of the property is reasonable.
(For full text, see report on file in the City Clerk's Office.)
261
ACTION:
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29658) AN ORDINANCE to amend §36.1-3 Code of the City of
Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 304.)
The motion was seconded by Mr. Garland.
Mr. W~ H. Fralin, Attorney, appeared before Council in support of
the request of his clients.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none, Ordi-
nance No. 29658, was adopted on its first reading by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor-- 6.
NAYS: None-- O.
(Vice-Mayor Fitzpatrick was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, July 10, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of
Roanoke that Carlisle Avenue, S. E., at its intersection with 16th
Street, be altered and closed by barricade, for a trial period of six
months, with said date of closure to coherence from the date of
installation of the proposed barricade, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 23,
1989, and Friday, June 30, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that Carlisle
Avenue, S. E., is located in the Riverdale conmmntty; that the street
extends in an easterly direction from its intersection with Bennington
Street, S. E., for a total distance of approximately 1,40D feet; and
Carlisle Avenue terminates at its intersection with 16th Street, S. E.,
was before Council.
It was further advised that the City Manager's Office has received
consistent and repeated requests to close and barricade Carlisle
Avenue, S. E., at its easterly terminus with 16th Street, S. E.; that
the 1500 block of Carlisle Avenue is adjacent to a public recreational
area, Golden Park; that public streets encircle the park on all four
sides; that installation of bollards by the Department of Parks and
Recreation was necessitated by previous and numerous incidents of
vehicles entering the park grounds, racing within the park area, use of
the park shelter for automobile repair work and general destruction of
park property caused by unauthorized use of the park grounds for vehi-
cular purposes; that twelve single-family residences are situated on
the portion of Carlisle Avenue that is located directly across from
Golden Park; and that public street closure by barricade on both tem-
porary and permanent status has been authorized by the following pre-
viously adopted ordinances:
Ordinance No. 20210, adopted on April 24, 1972,
authorizing the closure by barricade of Winding Way
Road, S. W. (permanent status).
Ordinance No. 28428, adopted on November 17, 1986,
authorizing the closing by barricade of Coveland
Drive, N. W. (temporary status.)
262
ACTION:
It was explained that residents who live across Carlisle Avenue
from Golden Park have complained to the City Manager's Office about the
increase and frequency of speeding cars on the short segment of public
street; that residents are extremely concerned about the safety of the
neighborhood children in their daily crossing of the street to play in
the park; that residents have requested that the section of Carlisle
Avenue be barricaded at its terminus with 16th Street in an effort to
deter the frequency of speeding traffic on the street; and the Traffic
Engineer has requested that the closure by barricade be effective on a
temporary basis in order to determine the overall effect of the pro-
posed closure on the immediate con~nunity.
It was further explained that the policy of the Planning Commis-
sion requires that a turnaround be provided at the terminus point of
partially closed or dead-end streets; that in order to provide a stan-
dard turnaround at the proposed barricade, it will be necessary to
extricate several of the concrete bollards from a depth of 4 feet and
relocate on new concrete footings; that the width of the right-of-way
of Carlisle Avenue provides sufficient area for a vehicle to back up
and turn around at the proposed point of barricade during the trial
period of six months; and if the trial closure is determined to be
effective, the above cited construction changes can be made prior to
the effective date of the permanent closure.
It was pointed out that the application was reviewed by the
Planning Conantssion at its regular meeting on June 7, 1989; that the
Con~nission heard con~nents from Ms. Diane Skelltngton, 1583 Carlisle
Avenue, S. E., regarding the frequent incidents of speeding and
reckless driving on the streets abutting Golden Park, and Mr.
Skellington strongly urged the Commission to recommend the closing of
the street before one of the neighborhood children are killed or badly
injured.
The Planning Conmlission recommended that Council authorize the
City Manager to alter by closure, with a barricade, of Carlisle Avenue,
at its intersection with 16th Street, for a trial period of six months
with said date of the closure to commence from the date of installation
of the proposed barricade.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29659) AN ORDINANCE authorizing the temporary closure by barri-
cade of Carlisle Avenue, S. E., at its intersection with 16th Street,
S. E., to close it to through traffic.
(For full text of Ordinance, see Ordinance Book No. 51, page 305.)
The motion was seconded by Mr. Garland.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none, Ordi-
nance No. 29659 was adopted on its first reading by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........................................ 6.
NAYS: None ...............
(Vice-Mayor Fitzpatrick was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 10, 1989, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of the City of Roanoke, Mr.
Anderson Wade Douthat and Mrs. Frances B. Douthat, that property
located in the northeast quadrant of the City, containing a combined
total of 142 acres, more or less, and designated as Official Tax No.
7170506 and 7170508, currently zoned RS-3, Residential Single Family
District, and Official Tax Nos. 7220101, 7220103, 7230101, 7230201, and
7230301, currently zoned RA, Residential Agricultural District, be
rezoned to LM, Light Manufacturing District, subject to certain con-
ditions proffered by the petitioners, the matter was before the body.
263
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 23,
1989, and Friday, June 30, 1980.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request ts to rezone the subject properties from RS-3 and RA to
LM tn order to expand the City's existing Centre for Industry and
Technology, was before Council.
It was further advised that the petition to rezone was filed on
May 18, 1989, proffering the following conditions by the petitioners:
If the City does not purchase the property, the
zoning shall revert to zoning designations existing
at the time_ of the filing of this Petition to
Rezone, without further action by City Council.
The City agrees, upon purchasing the property, to
impose restrictive covenants upon any and all sites
and lots located within the property similar to
those contained in the document entitled, "Deed of
Restriction", which is attached to the report of
the Planning Commission.
It was explained that Roanoke Centre for Industry and Technology
was established in 1983; that the existing industrial park is nearly
built out; that only two prime sites remain to acconm~date industrial
development; that the proposed rezoning would provide approximately 142
gross acres for additional expansion; that the City is currently
pursuing negotiations with other property owners in the area; that the
City has contracted with a private engineering/consulting firm to
undertake a feasibility analysis of the site for industrial develop-
merit; that the results of the feasibility analysis will not be
available until August 1989; and the City's option on the property will
expire on October 2, 1989.
The Planning Commission recon~r~nded that the request for rezoning
be approved; that the development of the proposed sites identified as
18, 19 and 20, on the Mattern and Craig concept map be delayed until
the City has had time to explore the historical aspects of the proper-
ty; and that the City review, as a part of its analysis, possible
improvements that could be made to Statesman Industrial Park in order
to enhance the City's project.
(For full text, see report on file in the City Clerk's Office.)
The Mayor advised that a request was received from Dr. John R.
Kern, of the Roanoke Regional Preservation Office, to postpone action
on the rezoning.
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29660) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 717, 722 and 723, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the
City, subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 306.)
The motion was seconded by Mr. Garland.
Mr. Earl B. Reynolds, Jr., Assistant City Manager, advised that
this rezoning request is to allow the City to extend the Roanoke Centre
for Industry and Technology, that it involves approximately 140 acres
of land which lies to the westerly part of Roanoke Centre for Industry
and Technology, that in order to use the property in an industrial
mode, the property must be rezoned, and the land sales agreement the
City has executed with the current owner requires that th~ City pursue
264
this rezoning. He said that in developing tile petition, we set forth
two proffered conditions: (1) if the City does not purchase the pro-
perty, the rezoning shall revert to the zoning designation which
currently exists, and (2) the City agrees upon purchasing the property
to enclose the same restrictive covenants that we currently have with
the Roanoke Centre for Industry and Technology (R.C.I.T.), to ensure
quality development of this newly acquired property. He said the
R.C.I.T. is just al)out developed and this property will ensure that we
can continue our economic development efforts in the pattern that we
have in the past. He said the City has contracted with Mattern &
Craig to act as our engineer on this project, and Mattern & Craig is
currently doing various types of feasibility analyses with respect to
development of this park. He advised that the City administration has
met with interested individuals and organizations to discuss the pro-
ject and to receive comments; that the Planning Con~nisston process was
very extensive and the Planning Commission sends this matter to City
Council with a 7-0 vote; and he reco~mnended the project to Council and
asked for Council's concurrence.
Mr. Bowers stated that he had before him a letter dated July 10
from Dr. John R. Kern of the State Preservation Office in Roanoke,
asking for a postpone~nent of the matter; that he thinks it would be
appropriate to table the matter; and that he is glad to have the State
Department of Preservation Office in Roanoke and to have their input on
projects the City is doing, because when we are talking about buildings
from the 1700's and other historical sites, they ought to be con-
si tiered.
The City Manager referred to information contained in the letter
dated July 10 from Dr. John R. Kern, stating that although it provides
some new information with regard to an offer by Virginia Tech with
regard to landscaping and some other areas, the basic facts contained
in the letter and the basic issues regarding the historic preservation
issues surrounding this property are well known to the staff, which has
met on at least two occasions with the preservationists trying to get
some grasp of the understanding of the historic significance in their
viewpoint on this particular property, matching that against the coin-
munity's needs, to create jobs and to maximize the tax base in our com-
munity. Mr. Herbert said that the problem here is that there are a
series of steps that still need to take place with regard to the analy-
sis of the site, that we have had preliminary discussions about perhaps
asking them to prioritize this whole concept including the main house,
the associated properties and where this particular log cabin may come
in the overall priority in terms of a full development and whether or
not there is ally possibility that the log cabin could be moved to
another location, which, of course, would lose the historical signifi-
cance on a particular site, but we're talking about potentially deve-
loping 1,200 to 1,500 jobs for residents of this con~nuntty and creating
a project identical to Roanoke Centre for Industry and Technology. He
said our goal is to identify at least 100 acres that is developable,
that tile bottom line is that we do have some conflict between the
desire of preservationists and the desire to move forward on this par-
ticular property. The City Manager said that the City staff tells him
that the State Department of Historic Resources and the preser-
vationists understand that if anyone is ever going to be sensitive to
these Issues, this Council has been sensitive on important historic
issues, but he doesn't intend by saying that, that he thinks this is
the time and place to make a decision with regard to the actual use of
that acreage that has so~ historic significance. He said that Council
needs to decide if they want to set aside, for historic purposes, pro-
perty at $20,000 an acre, and in order to move forward in a timely
manner, he believes City Council needs to deal ~Hth the matter now.
Ms. Clare S. White, 2651 Creston Avenue, S. W., appeared and
stated that she was not present to take anything from the concept of
the industrial park, rather she was present as a member of the Board of
the Roanoke Preservation Foundation, the Board of History Museum, and
as a historian. Ms. White advised that tile Fleming House was built in
1768, and the other cabin was where Fleming's son lived, possibly built
in 1771. She stated that we had two men of stature in this Valley,
Andrew Lewis and William Fleming, and that she is working on a book
about William Fleming. Ms. White stated that this situation presents a
2651
challenge in this day and age when there is a marked improvement in
interest in historical matters, and urged Council to figure out a way
to marry the present and the past in this property. She said that this
could be of national significance as a case history of how this kind of
matter could be equitably settled to everybody's advantage, and she
suggested that the area be named for the man who lived there 225 years
ago.
Mrs. Martha B. Boxley, 3256 Brightwood Place, S. W., representing
the Roanoke Valley Preservation Foundation, appeared and advised that
she would like to acknowledge the leadership role that the City of
Roanoke has taken with regard to historic preservation, that the City
has set a worthy pace for the recognition and protection of Roanoke's
historic resources, that the issue before us presents a valuable oppor-
tunity for the City of Roanoke to sensitively integrate economic deve-
lopment and historic preservation and thus, ensure the best for the
future. She said the area in consideration can be regarded as having
the most significant collection of historic natural and cultural
resources surviving today in the City of Roanoke, that not only is the
area an extremely important historic landscape, it is also very beauti-
ful, and that the preservation of the integrity of this landscape is of
great importance to the Roanoke Valley. She said that the City's
Comprehensive Plan recognizes these resources as historically signifi-
cant. She said that the Preservation Foundation has had correspondence
with the City Manager regarding the inclusion of certain language into
the City's petition that would help assure the preservation of certain
features, and requested on behalf of the Preservation Foundation that
the City make a written colmnitment to ensure protection of the historic
resources in the form of a restrictive deed covenant, and that the
following condition be proffered and included in any rezoning approval:
"In addition to the restrictive covenants set out in the deed of
restriction, the City agrees upon purchasing the property to impose the
following restrictive covenant applicable to the property: all site
planning must take into account and include reasonable provisions for
the protection of significant historic and cultural resources which
might be affected by development of the site, such resources include
but are not limited to view sheds and historic sites and properties."
She urged Council to consider this request that would help ensure the
preservation of the integrity of this most significant area.
Dr. John R. Kern, 1030 Penmar Avenue, S. E., representing the
Roanoke Regional Preservation Office, appeared and stated that historic
preservation is good business, and suggested that by working with the
City he thinks we can accomplish both of our objectives, to preserve
some remarkably significant cultural property and to develop a state of
the art industrial park that will have some very unique features. He
expressed appreciation for the opportunities the preservationists have
had to discuss the issues with the City, stating that they have men-
tioned their concern as well for the historic properties, and have
noted particular concern for preservation of the cultural landscape.
He said that when referring to viewshed, we are talking about this
cultural landscape and preserving the integrity of setting of Monterey
and the properties to the west. He said the preservationists have met
with the City's consulting engineers, Mattern & Craig, and discussed
the possibility with other City officials of linking some of these
cultural p,'opert'~es, such as Belmont, Monterey, and the Tinker Creek
crossing of the Great Wagon Road, with the cultural properties of
significance that are on the Douthat property. He said they also
discussed with Mattern & Craig and the City, their first alternate plan
for development of the site and referred to the original concept plan
prepared by Mattern & Craig.
Mr. Dan J. Pezzoni, Architectural Historian, 1214 Campbell Avenue,
S. W., pointed out a drawing which is one attempt to find an alter-
native to the original Mattern & Craig drawing that would respect the
viewshed of Monterey, that could possibly conserve the Fleming Cabin,
. and which would basically produce the same number of parcels for sale
with basically the same circulation pattern connecting into the present
Roanoke industrial park. He stated that as the Preservation Office
sees it, the critical areas in the property are the westward facing
slopes on the western periphery of the property which face Monterey and
which are readily visible from Monterey, and that they have indicated
as an option, a possible dedicated open space on that western periphery
which is very steep topography.
266
Mr. Bowers commented that it appears the Preservation Office is
proposing the same number of buildings on the preservation design as
was proposed on the City design; whereupon, Dr. Kern stated that the
real point is that the Preservation Office has suggested some alter-
natives, but that Mattern & Craig have not prepared final site plans;
that the Preservation Office has prepared two site plans which they
have discussed with them, and have taken some of their suggestions and
drawn a third plan which gives the same number of sites, but obviously
the acreage covered is different; and that the Preservation Office's
recommendation is that the City postpone action on the rezoning until a
final site plan is prepared so that the best compromise will have been
worked out that maximizes the City's use of the site for industrial
development while preserving the historic viewshed's cultural landscape
and the historic properties on the Douthat property. He stated that
the Preservation Office is trying to protect the western slopes so that
the industrial sites can be developed without intruding on this
cultural landscape to the west, and that by doing this and by making
creative use of the dedicated open space, the City can market these
sites as having unique advantages to the employees of those industrial
centers.
Mr. Bowers directed a question to the City Attorney as to whether
Council is being asked to approve just a rezoning or whether it is also
being asked to approve a site plan; whereupon, Mr. Dibling advised that
Council is being asked to approve a rezoning with two proffers, and
that the site plan is conceptual only.
Mr. Bowers further questioned whether Council is being asked to
approve this site plan now, and when Council would have the opportunity
to approve or disapprove the final site plan; whereupon, the Assistant
City Manager advised that the site plan Mr. Bowers referred to is a
conceptual plan that is illustrative, but has not been proffered as a
part of our petition, and that Council would have an opportunity to
approve or disapprove a final site plan at another time.
Mrs. Bowles stated that the determination of whether the City
purchases the property includes the ability to get at least 100 acres
of usable area for our industrial area, and questioned how much of the
100 acres the site plan proposed by Dr. Kern is using for its greenway;
whereupon, Dr. Kern stated that this has not been calculated and that
is why they need to work with Mattern & Craig on this to maximize
effective use of the property while maintaining the critical elements
of the topography that will protect the viewsheds of the area to the
west.
Mr. Garland directed a question to the City Manager inquiring as
to the urgency to rezone the property tonight without having a definite
site plan approved at this point; whereupon, the City Manager advised
that it is significant that the City of Roanoke is asking to rezone the
property, tha~ we have stepped in and protected the historical pieces
of property when it is feasible, and that the question is whether
Council is willing to set aside 25-plus acres, to totally dedicate it
at a cost of $20,000 per acre; that when the actual site plan is fina-
lized and brought back to Council, if we can use the property to the
best of our use and incorporate storm drainage, retention areas and
some of these other features, it would be in our best interest to do
that; and he believes that the real question is, regardless of what the
analysis might show, assuming that the property shows that it can be
purchased and developed with those caps on it, whether City Council is
willing to set aside this acreage from the development for historic
purposes. He stated that the matter will go back to the City Planning
Con~nission for a site plan review.
Mr. Garland commented to Dr. Kern that it seems the preser-
vationists would be more comfortable with the City of Roanoke owning
this property with or without a site plan, than knowing that if we
didn't, that sooner or later someone else could purchase it and develop
it, and the City would have no control over what they might do to some
of those historic structures and sites.
267
ACTION:
Mr. Trout stated that the purpose of the meeting tonight is to
reinforce, reconfirm and go forward with the City's economic policy,
that we want to promote what we pledged ourselves to, which was the
development and the carrying out of an aggressive economic program, a
program that would provide jobs. He said that Roanoke's past will not
survive unless Council carries out its pledge to its economic growth;
that regardless of how many millions of dollars the Conmmnwealth of
Virginia spends on an economic program, it has no value; that our
Governor is out bringing industries to Virginia, and the bottom line,
the main thing is, we have the product that selis them, it is the
investment by local government in providing the sites that the Governor
is out selling for the Commonwealth; that without these sites, there
cannot be any success in the Governor's efforts. He said we have a
legal document, and we have to be able to bring out of the 143 acre
site a workable 100 acres that has to be developed at a certain cost.
Mr. Trout stated that our boundaries were frozen by the General
Assembly in 1979, so we have to take what we have and be successful
with it, that when working with industry, if you start creating too
much historical development, then the industry is going to walk away.
He said that he thinks the City should go forward with the rezoning of
the property so we can try to incorporate into the plan as much as the
legal limitations allow. He assured those present that the City wants
to incorporate into the plan as much as possible financially, histori-
cally, and legally, then the plan will be before us as a finished pro-
duct and then we can either adopt the site plan or we can make further
revisions.
Mr. Musser inquired as to whether all we need to be assured of by
Mattern & Craig is that there is 100 acres of developable land sites;
whereupon, the City Manager stated that that is exactly the issue and
that when he recon~mnded the project it was for economic development
purposes. Mr. Musser stated that he assumes the City administration
will work with these individuals as much as possible in trying to come
up with some method to incorporate what is necessary to preserve some
of this historic property.
Mr. Bowers stated that Council previously set six goals for the
City, that one was economic development and one was historic preser-
vation and environmental protection, and that in the past the City has
gone hand in hand with historic preservation and economic development,
and that we need to be more concerned with a balance between develop-
ment and quality of life and preservation. Mr. Bowers offered a
substitute motion that the matter be tabled until the next regular
meeting of City Council on Monday, July 24, 1989, to give Dr. Kern and
his staff an opportunity to meet with Mattern & Craig and the City
administrators. The motion was seconded by Mr. Musser.
Mr. Garland questioned whether the City Manager would have any
problem with a two week delay on the plans; whereupon, the City Manager
stated that the administration would not be ready to bring a site plan
back in two weeks, that there is a significant amount of technical
information that has to be gathered which will go into a potential site
plan review.
Mr. Sam McGhee of Mattern & Craig advised that his firm is not
developing a site plan, rather a series of plans to give the City an
option, that they are trying to bring the City three different alter-
natives to address the maximum development of the site. He said the
plan will not be ready in two weeks, and that in their contract with
the City, they have until August 1.
The City Manager stated that we are dealing with a rezoning on
this piece of property, that either it is going to be rezoned or it is
not going to be rezoned; that the second question is which part of this
property does City Council want to use for industrial purposes, and
which part of this property does City Council want to use for other
purposes; and that he doesn't want Council to think that the admi-
nistration will be back in two weeks with a final site plan.
Mr. Trout stated that if the land is not rezoned, the developers
will not come in, and that Council should bear in mind that it is very
important to rezone the property i~mediately even though we don't have
a final plan.
268
The substitute motion was lost by the following vote:
AYES: Council Members Musser and Bowers 2.
NAYS: Council Members Garland, Trout, Bowles and Mayor Taylor--4.
(Vice-Mayor Fitzpatrick was absent.)
Ordinance No. 29660, was adopted, on its first reading, by the
following vote:
AYES: Council Members Garland, Trout, Bowles and Mayor Taylor--4.
NAYS: Council Members Musser and Bowers 2.
(Vice-Mayor Fitzpatrick was absent.)
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to three requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and comittees appointed by Council; a matter of actual liti-
gation being a personal injury suit pending against the City in the
Circuit Court for the City of Roanoke; and a personnel matter being the
compensation of specific public officers.
COUNCIL: A con~nunication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and con~nittees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body,
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, con~nissions and con~nittees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ....... .6.
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent.)
COUNCIL: A report of the City Attorney requesting an Executive
Session to consider a matter of actual litigation being a personal
injury suit pending against the City in the Circuit Court for the City
of Roanoke, pursuant to Section 2.1-344 (a) (7), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to consider a matter of actual
litigation being a personal injury suit pending against the City in the
Circuit Court for the City of Roanoke, pursuant to Section 2.1-344
(a) (7), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Garland and adopted by the following vote:
II
ACTION:
ACTION:
ACTION:
ACTION:
269
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or-- 6.
NAYS: None .... O.
(Vice-Mayor Fitzpatrick was absent.)
AIRPORT: A communication from Mr. W. Robert Herbert, Chairman,
Roanoke Regional Airport Commission, advising that the Con~nission has
approved a negotiated lease with Mr. Donald W. Manns for operating a
shoeshine stand in the new airport terminal building, was before
Council.
(For full text, see con~nunication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor-- 6.
NAYS: None .......... O.
(Vice-Mayor Fitzpatrick was absent.)
PENDING LIST: A list of items pending from duly 10, 1978, through
dune 26, 1989, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ....... 6.
NAYS: None .............. O.
(Vice-Mayor Fitzpatrick was absent.)
HUMAN RESOURCES: A report of qualification of Mr. Harold F. Dill
as a member of the Advisory Board of Human Resources for a term ending
November 30, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor-- 6.
NAYS: None ..................................................... O.
(Vice-Mayor Fitzpatrick was absent.)
COUNCIL: An oral request of Council Member Elizabeth T. Bowles
for Council to convene in Executive Session to discuss a personnel
matter being the compensation of specific public officers, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of CoUncil
Member Bowles to convene in Executive Session to discuss a personnel
matter being the compensation of specific public officers, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Garland and adopted by the following vote:
270
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .... 6.
NAYS: None ......... O.
(Vice-Mayor Fitzpatrick was absent.)
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS: Ms. Marie Shockley, 3328 Greenland Avenue, N. W.,
appeared before Council and presented petitions signed by approximately
1,100 persons in support of closing The Club, formerly Club 19, located
in the Golden Key Shopping Center. Ms. Shockley advised that security
at the club is lax, citing the shooting of a young man on June 17,
1989, in the parking lot of the club as an example. She urged Council
to consider taking action to close the club.
(For full text, see petitions on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the City Manager
and City Attorney for study, report and reco~endation to Council as
soon as possible. The motion was seconded by Mr. Garland and adopted.
SEWERS AND STORM DRAINS-COMPLAINTS: A con~nunication from Mr. G.
Michael Pace, Jr., Attorney, representing the Board of Windward
Condominium Unit Homeowners Association, expressing concern with regard
to drainage and other problems in the Condominium, i.e., general
grading in the Condominium for the proper drainage of water; lack of or
the improper installation of flashing on roof edges to channel water
into gutters; lack of sufficient drains to properly carry off surface
water; lack of curbs and gutters in areas to properly channel water to
existing drains; water pressure in excess of 75 pounds and in some
cases in excess of 80 pounds and the effect of that pressure on under-
ground plastic pipe; the lack of shrubbery, dead shrubbet~ and sub-
standard shrubbery in parts of the Condominium; and proper bracing of
roof trusses to prevent future damage to roofs or buildings, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
The Mayor advised of a request from the Board of Windward
Condominium Unit Owner's Association, for a continuance of the matter
until the next regular meeting of Council on Monday, July 24, 1989.
The Mayor further advised of a second request from Mr. Edward A. Natt,
Attorney, representing Windward Associates, owners of the Windward
Condominium, requesting that the City staff expedite its review of the
site plans for the project.
Mr. Bowers advised that he had an opportunity to speak with Mr.
Leo F. Waterman, Treasurer of the Windward Condominium Association, who
indicated that he thought the developers and homeowners would be able
to work things out. Mr. Bowers stated that he believes it would be
appropriate to table the matter for two weeks.
The City Manager advised that the review of the site plans has
been ongoing, that there does seem to be some significant interest on
the developer's part to bring this to a resolution, and he is told that
a meeting has been scheduled for Thursday morning, July 13, possibly he
will have a good report in two weeks.
Mr. Bowers moved that the matter be tabled for two weeks until the
regular meeting of Council on Monday, July 24, 1989. The motion was
seconded by Mrs. Bowles and adopted.
FLOOD CONTROL-COMPLAINTS: The Mayor advised that there were nine
requests from citizens to be heard on the subject of flooding in the
Peters Creek Road area.
Mr. George W. Haga, 3931 Greenspring Avenue, N. W., appeared
before Council and presented information with regard to flooding in
Strauss Park. Mr. Haga stated that the flooding has ruined fencing,
tennis courts and concession stands, that the City has planned a
$30,000 renovation in the park, and that most of the damage at the park
is from the bridge on Shenandoah Avenue, because the opening under the
bridge is not large enough to carry the water.
Mr. Fred H. Webb, 2003 Meadowbrook Road, N. W., appeared and
advised that he was one of the first residents on Meadowbrook Road, and
that he did not have any flooding problems until the construction of an
apartment complex above Meadowbrook Road which caused the flooding. He
presented a video tape of the flooding that occurred at the intersec-
tion of Meadowbrook Road and Northwood Drive on July 7, 1989, advising
that the street flooded in about 14 1/2 minutes. Mr. Webb suggested
that the City make the bridge larger to funnel the water.
Mr. To~mly T. Hamblett, 1921Meadowbrook Road, N. W., appeared and
stated that historical preservation is good, but the City needs to take
care of this flooding situation. He stated that there is an earthen
dam at the end of Meadowbrook Road that was built to accommodate an
apartment complex, and all the water goes down to the end of the street
and backs up. He said he had 6 to 8 inches of water in his house, and
that his wife's grandmother, who lived in the same home he now lives in
on Meadowbrook Road, lost her life in the Flood of 1985, and thas on
July 7 he had a $15,000 to $20,000 loss of personal belongings that was
not covered by insurance. He urged that something be done to correct
the situation. He said that it has been 30 years since the Army Corps
of Engineers conducted a study on the creek, and they said that it
would cost more to fix the creek than to save the property, and he
questioned what value is being put on human lives.
Mr. Larry T. Janney, 1909 Meadowbrook Road, N. W., appeared and
advised that during the flooding that occurred on July 7, his house had
three and one half feet of water, and he lost everything he owned,
although he does have flood insurance. He urged Council to take action
to do something about the problem.
Ms. Debra C. Altice, 1942 Laura Road, N. W., appeared and advised
that her home, which is located at the corner of Northwood Drive and
Laura Road, was damaged during the Flood of 1985, that when the water
rises into the culvert it smells of raw sewage, and that the children
in the area are in danger, and she has asked the City to fix the
culvert, and now the culvert is washed out all the way to the road.
She urged that something be done about the situation.
Mr. Timothy P. Lyons, 555 Westside Boulevard, N. W., appeared and
stated that the businesses and residences along Peters Creek have a
problem, and that the City receives revenue from these people, so it is
also the City's problem. He said that this is the fourth time that
there has been water in Strauss Park, that he understands the City is
going to spend $30,000 in Strauss Park, but unless something is done
about Peters Creek, the money will have to be spent again and again.
He said that buildings cannot continue to be built along Peters Creek
Road which creates water run off into Peters Creek. He said that on
July 6, Peters Creek flooded Strauss Park again, that in the Flood of
1985 he lost $28,000 worth of personal property which was not covered
by insurance. He said that he was told by City officials that there is
not a problem with Peters Creek, but he said Peters Creek is a problem
with the residents who live with it and that the City needs to clean up
Peters Creek, that it needs dredging out, and we need to stop building
along Peters Creek until something is done, and if it is not worth
spending the money to fix, then the City should buy their property.
Mr. Carl-H. McGhee, 2024 Meadowbrook Road, N. W., appeared and
advised that he bought his house 34 years ago when there were only four
houses, that now an automobile dealership has been built at the corner
of Peters Creek Road and Northwood Drive, and that other residential
property along Peters Creek Road is now available for sale as commer-
cial property. He said as they keep building houses in the area, they
are dumping rock to fill in at the car dealerships, and he urged
Council to go look at the situation.
271
272
ACT[ON:
Mr. William L. Hite, 5607 Ambassador Drive, N. W., appeared and
stated that he has owned a car dealership at the corner of Peters Creek
Road and Melrose Avenue for 39 years, that on July 6 there was four
feet of water at his place of business within about 15 minutes. He
stated that this is not just the City's problem, it is also the
County's problem, because the water was originating from the Allred
Chevrolet dealership.
Ms. Georgette Dew, 4517 Northwood Drive, N. W., appeared and
advised that construction of businesses along Peters Creek has caused
the flooding problems, that water from several small creeks feed into
Peters Creek where a large bank of dirt has been constructed. She said
that she is a member of St. Paul Lutheran Church, which was destroyed
in the Flood of 1985, and that the church was not allowed to rebuild on
its original site. She said she has been a resident of the area for 31
years and the creek is getting worse and worse, and something really
needs to be done about it.
Mr. Thomas A. Dalton, 1928 Laura Road, N. W., appeared and advised
that he has been a City resident for twenty years, that he lost $6,000
worth of personal property in the Flood of 1985 which was not covered
by insurance. He said it is time the City of Roanoke does something
for the people of northwest, that the problem is with the field at the
lower end of Meadowbrook Road and Laura Road, and that he has talked
with several members of Council by telephone and it doesn't seem like
we get anywhere. He said the residents need help with Peters Creek,
and that it needs to be cleaned out if possible, in order to save
lives.
Mr. James Collier, 1928 Meadowbrook Road, N. W., appeared and
stated that he comes before Council to share and burden some of the
things that bother him. He said that it bothers him that today, not
four years after Roanoke's great flood, he comes before Council with
the same complaint aired four years ago, that the quality of his life
is nothing, that his property is under seige, his taxes are increasing,
and he has sat and listened to Council ramble about historic preser-
vation and business rezoning. He said that the City's northwest tax
base is washing away and maybe too, Council's voter support. He said
it bothers him that the City allows constant building and expansion on
the lower Peters Creek corridor and concreting of land that normally
would absorb water, while doing nothing to alleviate the obvious water
drainage increase, which drainage increase is ending up in his living
quarters. He said it bothers him that years ago, his flood condition
was used as an odor opportunity, but to this date instead of hearing
the hum of backhoes and front-end loaders, he hears only the roar of
flood water and smells the stench of raw sewage. He said it bothers
him that as a single parent, he must deal with a twelve-year old's
paranoia about rain and inclement weather. He said it bothers him that
Council promotes this City as some All-American area while so many of
its citizenry is fighting a losing battle against natural elements. He
said that the residents need help and all they receive is rhetoric, and
inquired as to what the City is going to do. He said that the quality
of his life should be better than this.
Mr. Trout stated that he sees here a parallel between 1982, when
City Council madu the dectsim~ to hire a consultant to study t),e
drainage problem on Williamson Road, to tell us what it would cost to
alleviate the problem, and that the City should go ahead and do here
what they did for Williamson Road. He said that until Council authori-
zes the City Manager to tell us what a consultant will cost, then the
City has not been fair to the residents, and that he thinks the City
needs to spend some money to save these homes. Mr. Trout moved that
the matter be referred to the City Manager to review how he can best go
about employing a consultant similar to the way the Williamson Road
problem was tackled, and come back with a recommendation to Council as
to what it is going to cost to hire a consultant. Mr. Trout stated
that the City cannot negotiate and have the County pick up their share
unless we know what it is going to cost. The motion was seconded by
Mrs. Bowles.
273
ACTION:
Mrs. Bowles urged that the City work with the County as much as
possible because it is their problem as well as the City's.
Mr. Musser expressed concern about the statement made by Mr. Lyons
that he had been told by the City that the people along Peters Creek
don't have a problem. He said he cannot conceive of anyone making that
comment to Mr. Lyons, because he doesn't think there is a single member
of City Council that doesn't know that there is a problem, although as
individuals they may not know the solution to the problem, but this is
what we need to find out.
Mr. Garland stated that he recalled seeing a letter from Mr. John
Peters in the Engineering Department concerning work that is being done
on the Peters Creek drainage project; whereupon, the City Manager
advised that when the administration realized that the Corps of
Engineers was not going to give this serious consideration, he
authorized the Engineering Department to conduct an independent study
with a goal towards completing as much field work data that we could
complete so that Council may consider this perhaps part of the capital
improvement program which he will be presenting to Council. He said he
believes Mr. Trout's motion will give us the kind of detailed analysis
that we are going to need.
The motion made by Mr. Trout and seconded by Mrs. Bowles was
adopted.
Mr. Emory T. Thurman, 4958 Showalter Road, N. W., appeared and
advised that approximately ten years ago, the residents of his neigh-
borhood were told that the City couldn't help them, that the Corps of
Engineers said they could buy the property below Northwood Drive, bet-
ween Northwood Drive and Melrose Avenue, at market value or appraisal
value, tear it down and make a retention basin out of it cheaper than
they could take care of the residents' flooding problems, and that now
they are right where they were ten years ago. With regard to putting
in a drainage system on Peters Creek, he questioned where the water
would be channeled to, because Peters Creek is the only place to drain
the water and that the residents don't need a drainage system.
Mr. Trout stated that the City was able to solve the problem on
Williamson Road, and the City will spend the money to have someone tell
them a solution for the Peters Creek residents, and urged the residents
to trust the City to hire the right people to give us a solution.
Mr. Garfield Martin, 3855 Rolling Hill Avenue, N. W., appeared and
expressed concern about the immediate need of the residents affected by
the flooding on July 6. He questioned whether there is some kind of
assistance im~nediately available for those people who are continuing to
lose possessions over and over again, which insurance did not cover.
He stated that the Red Cross suggested that the residents go through
the City for general relief; whereupon, the City Manager advised that
the Department of Emergency Services has been in consultation with
State officals as to whether or not there is sufficient damage to
trigger a request for assistance, and because of the isolated nature of
this particular rainfall, he said there is not sufficient damage. He
further advised that the Red Cross assistance includes food, clothing,
furniture, cooking and eating utensils, cleanin~ supplies, and
emergency minor home repairs up to $1,000 and assistance is dependent
on insurance coverage and is on a case by case basis. The City Manager
further advised that in addition to that, the City has been putting
fliers on the doors of homeowners that were affected and the phone num-
bers of the Department of Social Services that these people can call
and receive some direct assistance, that the City will have field
workers out to work with residents, and that general relief is typi-
cally limited to $500.
The Mayor stated that the City can offer no guarantees, however,
the City wants to do the right thing, and hopes to be as responsive as
possible in bringing some kind of relief to the situation so the resi-
dents will know that the City is acting.
At 10:30 p.m., the Mayor declared the meeting in recess.
At 10:45 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Vice-Mayor Fitzpatrick.
274
ACTION:
PETITIONS AND COMMUNICATIONS:
ANNUAL REPORTS-BOARD OF EQUALIZATION: A communication from the
Honorable Roy B. Willett, Chief Judge, Twenty-Third Judicial Circuit of
Virginia, transmitting the Annual Report of the Board of Equalization
for the taxable year July 1, 1989 to June 30, 1990, was before Council.
(For full text, see communication and Annual Report on file in the City
Clerk's Office.)
Mr. Trout moved that the communication and Annual Report be
received and filed. The motion was seconded by Mr. Bowers and adopted.
BUDGET-SCHOOLS-GRANTS: A co~mmnication from the Roanoke City
School Board recommending the closeout of the following 29 completed
school grants, which will result in a net decrease in appropriation of
$900,129.00, was before Council.
GRANT INCREASE
NUMBER DESCRIPTION (DECREASE)
035-060-6121 Chapter I Winter 124-88-1 $(593,659.00)
035-060-6122 Chapter I Summer 124-88-2 (51,617.00)
035-060-6123 Chapter I Carryover 124-88-3 (205,254.00)
035-060-6220 Chapter II Competitive 87 ( 2,369.00)
035-060-6411 Vocational Summer Youth 87 ( 862.00)
035-060-6413 Alternative Education 88 (19,123.00)
035-060-6414 Sunnier Youth Title IIA 1988 ( 6,548.00)
035-060-6550 Flow Through 87 --
035-060-6555 Flow Through 88 --
035-060-6556 Juvenile Detention Home 88 ( 469.00)
035-060-6557 Child Development Clinic 88 ( 396.00)
035-060-6558 Bureau of Crippled Children 88 ( 33.00)
035-060-6559 Special Education Inservice 88 ( 1,026.00)
035-060-6562 Preschool Incentive 88 ( 413.00)
035-060-6728 Vocational Guidance 88 --
035-060-6729 Apprenticeship 88 (11,674.00)
035-060-6730 ABE/DIAL 88 ( 4,621.00)
035-060-6731 GED Testing 88 ( 2,417.00)
0354060-6810 Artist in Education 88 ( 98.00)
035-060-6923 Magnet Schools 88 --
035-060-6924 Technical Assistance 88 --
035-060-6925 SAT Preparation 88 2,115.00
035-060-6928 Impact Aid 88 --
035-060-6930 Project Discovery 88 --
035-060-6931 Governor's School 88 --
035-060-6934 Drug Free Schools 88 --
035-060-6935 Especially for You 88 ( 9,182.00)
035-060-6936 Science Fair 88 ( 1,282.00)
035-060-6941 Impact Aid 89 8,799.00
Net Decrease $(900,129.00)
(For full text, see communication on file in the City Clerk's Office.)
The Director of Finance submitted a report advising that the close
out of grants for the School Board is necessary since the grant
programs are complete; and recommending that Council concur in the
request of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29661) AN ORDINANCE to amend and reordain certain sections of
the 1989-90 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 281.)
275
ACTION:
Mr. Bowers moved the adoption of Ordinance No. 29661. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .............. 6.
NAYS: None-- O.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-SCHOOLS-GRANTS: A conmmnication from the Roanoke City
School Board requesting appropriation of funds for the following school
grants, was before Council.
Grant No. 6417 - $50,257.00 for the 1989 Sunmmr
Youth Employment Title II-A
Program to provide sunm~r school
and vocational training for teen
mothers and work experience for
building trades students. The
program is one hundred percent
reimbursed by federal funds.
Grant No. 6572 - $4,454.00 for the Special
Education Inservice Program to
provide funds for the training of
special education program staff
members and for assistance to
parents of handicapped students.
The program is one hundred percent
reimbursed by state funds.
Grant No. 6573 - $657,260.00 for the 1989-90 Flow
Through Program to provide aid for
the education and guidance of han-
dicapped students. The program is
one hundred percent reimbursed by
state and federal funds.
Grant No. 6737 - $43,421.00 for the Marketing
Education Regional Coordinator
Program to provide funds for the
expenses of the regional coor-
dinator. The program is one
hundred percent reimbursed by
state funds.
Grant No. 6738 - $95,802.00 for the 1989-90
Apprenticeship Program to provide
on-the-job and classroom voca-
tional instruction for students in
the apprenticeship program. The
program is one hundred percent
reimbursed by state funds.
Grant No. 6739 - $119,495.00 for the Adult Basic
Education Program to provide funds
for the education of adults who
have not completed high school.
The program will be reimbursed by
federal funds in the amount of
$95,49§.00 with matching funds to
be provided by the City jail and
Roanoke City Schools.
Grant No. 6740 - $7,000.00 for the GED Testing
Program to provide instructors for
the administration of the GED
examinations. The source of funds
will be student fees.
(For full text, see communication on file in the City Clerk's Office.)
276
ACTION:
A report of the Director of Finance advising that six of the
grants are supported one hundred percent by federal or state funding or
student fees; that the Adult Basic Education Grant requires a local
match of $22,600.00; that funding for the local match is available in
the Instruction Category of the Education portion of the General Fund
in Account No. 001-060-6001-6450-0588 - Matching Funds ($22,000.00) and
Account No. 001-060-6001-6343-0541 - Lease/Rental of Equipment
($600.00); and recommending that Council concur in the request of the
School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29662) AN ORDINANCE to amend and reordain certain sections of
the 1989-90 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 283.)
Mr. Bowers moved the adoption of Ordinance No. 29662. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........... ~6.
NAYS: None ........ . ...... O.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-SCHOOLS-CAPITAL MAINTENANCE EQUIPMENT AND REPLACEMENT PRO-
GRAM: A communication from the Roaonke City School Board recommending
appropriation of $268,167.00 from the Capital Maintenance and Equipment
Replacement Fund and $150,000.00 from the Vehicle Replacement Fund to
purchase school buses and four driver education vehicles, advising that
the purchase of school buses will allow state mandates to be met for
replacing pre-1978 manufactured school buses; and further recommending
appropriation of $1,200,000.00 in capital funds to remove priority
asbestos materials from school buildings and roofs, advising that remo-
val of the materials will protect the Schools' staff and students from
the hazards of asbestos exposure, and will allow compliance with
Environmental Protection Agency requirements for the control of
asbestos, was before Council.
(For full text, see conmmnication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the School Board
has a balance of unappropriated CMERP funds in the amount of
$150,000.00, dedicated to the Board from the close out of fiscal year
1988; that the appropriation of $268,167.00 would anticipate an addi-
tional $118,167.00 of CMERP funds dedicated to the Board from the close
out of fiscal year 1989; that although the books for fiscal year 1989
have not closed, a preliminary review of the General Fund revenues and
expenditures indicates that sufficient funds will be available to
fulfill the request; and the request for approoriation in the amount of
$150,000.00 from the Vehicle Replacement Fund is included in the
$750,000.00 General Fund Capital Replacement Contingency in the 1990
fiscal year budget adopted by Council, was also before the body.
The Director of Finance further advised that he is unable to
recommend a source of funds at this time for the Board's request for
$1.2 million in capital funds for asbestos removal projects; and that
the administration will study the request as to what priority this has
over other existing major capital improvements.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29663)
the 1989-90
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 285.)
277
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No. 29663. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ..... - .......... 6.
NAYS: None ....
(Vice-Mayor Fitzpatrick was absent.)
SCHOOLS-ARCHITECTURAL REVIEW BOARD: Council Member David A.
Bowers submitted a communication with regard to preservation of our
historic structures in the City, and the rehabilitation of our older
neighborhoods including the old Southwest neighborhood. Mr. Bowers
referred to a situation in which a financial institution refused to
grant secondary financing for the reason that the property was in the
zoned historic district in old Southwest, advising that this appears to
be a form of "redlining" by the unnamed financial institution which
could greatly restrict further preservation of historic structures in
this area, and recon~ending that the matter be referred to Dr. John
Kern of the State Regional Preservation Office, Mr. John Marlles, Chief
of Community Planning, Mr. W. Robert Herbert, City Manager, and Mr.
Wilburn C. Dibling, Jr., City Attorney, for review, reconm~ndation and
report back to Council as to what should be done to prevent this kind
of loan discrimination in the future.
Mr. Bowers further advised that with the opening of the Highland
Park School, he thinks that the City of Roanoke owes it to the old
Southwest neighborhood to increase the awareness among realtors, finan-
cial institutions, etc., in tile valley as to how attractive the old
southwest neighborhood is as a residential area, and recommended that
the matter be referred to Mr. John Marlles, Chief of Community Plan-
ning, and the Old Southwest Neighborhood Association, in hopes that a
date might be set in early fall, after the reopening of the school, for
a seminar in which to inform persons in the real estate business about
old Southwest.
Mr. Bowers also suggested that a grand opening ceremony be held in
conjunction with old Southwest and the Roanoke City School system in
order to commemorate the refurbishing of the school as a key part of
the increasingly strong and beautiful nature of the neighborhood.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that the matter be referred to Dr. John R. Kern,
Mr. John Marlles, the City Manager, the City Attorney, and the Presi-
dent of Old Southwest Neighborhood Association. The motion was
seconded byMr. Trout.
Mr. Geoffrey Seamans, President of Old Southwest, Inc., appeared
and advised that Old Southwest, Inc., would be happy to work with the
City in any way in terms of educating bankers, realtors, etc. about the
neighborhood, that they agree that the incident of a financial institu-
tion refusing to grant financing for property in the historic district
is regrettable, that so far it seems to be an isolated incidence in
that it may be a matter of educating someone rather than any kind of a
problem with loans in old Southwest.
The motion offered by Mr. Bowers, seconded by Mr. Trout, was
adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
278
ACTION:
BUSES-CITY PROPERTY: The City Manager submitted a written report
advising that the lease agreement between Greater Roanoke Transit
Company (GRTC) and the City of Roanoke for the Old Operations Facility
expired on March 22, 1989; that the new facility is still under
construction requiring continued use of the old facility until March
1990; and that the GRTC Board of Directors has authorized a renewal of
the lease of the old facility on a month to month basis, with sixty
(60) days notice of termination by either party.
The City Manager reconmnended that Council authorize the renewal of
the lease of the Old Bus Operations Facility to Greater Roanoke Transit
Company on a month to month basis with sixty days notice of termination
by either party.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29664) AN ORDINANCE authorizing the proper City officials to
enter into a lease agreement between the City and the Greater Roanoke
Transit Company for use of City-owned property at 12th Street and
Campbell Avenue, S. E., for the Company's operations, maintenance and
administrative facilities, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 307.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .......... 6.
NAYS: None ........
(Vice-Mayor Fitzpatrick was absent.)
PARKS AND PLAYGROUNDS-SEWERS AND STORM DRAINS: The City Manager
submitted a written report advising that Council authorized Hayes,
Seay, Mattern and Mattern, Inc., to prepare plans and specifications
for the repair of the double, § foot by 7 foot box culvert underneath
Washington Park on December 8, 1986, at a cost not to exceed
$97,699.00; that the plans and specifications called for the most
seriously damaged section of the existing box culvert to be sealed and
abandoned and a new 102 inch concrete pipe bored and jacked approxima-
tely 640 feet through rock and the old landfill to a spot in the
existing box where a junction box would be constructed; and from the
new junction box, 70 feet of tunnel liner was to be installed in tile
less severly damaged section of the existing box culvert.
It was further advised that Council received bids on the project
on November 10, 1986 and awarded a contract to A. L. King, Ltd., on
December 8, 1986; and the heavy rains and flooding which occurred Labor
Day weekend in 1987, caused additional damage in the area where the
tunnel liner was to be installed, and has resulted in the elimination
of the tunnel liner section and required jacking an additional 121 feet
of 102 inch concrete pipe.
It was explained that Hayes, Seay, Mattern and Mattern, Inc.,
redesigned the additional work and after negotiation with the contrac-
tor, Change Order No. i to the construction contract was approved by
Council on January 19, 1988, in an amount not to exceed $346,770.00,
making the total contract amount $1,$90,603.00; that A. L. King, Ltd.,
completed construction on June 16, 1988, with a final cost of
$1,574,701.00; that Hayes, Seay, Mattern and Mattern, Inc.'s cost for
the additional work is $11,500.00; and the original agreement between
the City and Hayes, Seay, Mattern and Mattern, Inc. included provisions
for compensation for additional revisions to the plans as negotiated,
and the $11,500.00 fee based on a construction cost increase of
$346,770.00 amounts to 3.32 per cent.
279
ACTION:
The City Manager recommended that he be authorized to execute
Change Order No. 1 to the contract with Hayes, Seay, Mattern and
Mattern, Inc., in the amount of $11,500.00; and that funding for the
Change Order is available in the Special Projects (Washington Park
Storm Drain), Account No. 008-052-9610-9585.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29665) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with Hayes, Seay, Mattern &
Mattern, Inc., for redesigning plans for additional repair work on the
Washington Park Box Culvert; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 285.)
Mr. Trout moved the adoption of Ordinance No. 29665. The motion
was seconded byMr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ..... 6.
NAYS: None--- O.
(Vice-M~yor Fitzpatrick was absent.)
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that Ordinance No. 29203, adopted by Council on
April 17, 1989, authorized execution of a Consent Decree with the
Commonwealth of Virginia, which provides a time schedule to meet State
compliance by November 5, 1989; and the Ordinance also authorized nego-
tiation and execution of an agreement with Botetourt County providing
for certain construction and treatment credits to partially offset the
cost of the proposed new gravity sewer line and providing for Botetourt
County's ownership and maintenance of the line.
It was further advised that Council, at its meeting on April 17,
1989, awarded a contract to Dixon Contracting, Inc. for the project,
in the amount of $258,783.00 and 120 consecutive calendar days; that
Change Order No. 1 was approved by Council on May 22, 1989 in the
amount of $14,741.00; that the change was required by the State Water
Control Board when leaking fuel tanks were discovered at the nearby
Exxon Station that had contaminated the median strip between the dual
lanes of U. S. Route 460; that the State Water Control Board informed
the City that it would be the City's responsibility if the sewer pipe
was installed and the pollution was drained into Glade Creek; and that
Change Order No. 1 re-routed the pipe to the opposite side of Coyner
Springs branch next to the C & P building.
It was explained that test pits were dug on the north side of
U. S. Route 460 in front of the C & P building and on the south side of
U. S. Route 460 between the highway and State Route 735; that the south
pit was all earth but the north pit had rock four feet above the bottom
(invert) of the pipe; that the revealing of the rock indicated that the
pipe under U. S. Route 460 could not be installed by the jack and bore
method of installation as called for in the contract documents; that
one of the unit prices quoted on the bid form was for tunneling, in
case rock was encountered and the jack and bore method of installation
could be not be used; that the contractor proposed to deduct $100.00
per foot from the tunnel unit price for every foot of casing he could
install before hitting rock and the administration accepted his offer;
that it would have been possible to have had to pay jack and bore price
to the point rock was encountered and pay tunnel prices for the full
length of the installation; and the final outcome was 100 feet at the
reduced price and 60 feet of tunnel unit price.
It was further explained that the original sewer main location
showed the sewer main being installed under the bridge on State Route
735 to Webster; that the relocated pipe was moved to the west of the
bridge; that during discussion between the parties involved, the
Virginia Department of Transportation (VDOT) instructed the City to
jack and bore under Route 735; that the test pit on the north side of
Route 735 revealed rock above the pipe invert; that during the called
280
ACTION:
conference between all the parties involved, the Transportation
Department agreed to permit open cut of Route 735 with restrictions;
that the east lane of Route 735 must be maintained at all times, the
westbound lane can be closed during the daytime and traffic detoured to
U. S. Route 460 by an alternate route, with both lanes being kept open
at night and on weekends; and by changing pipeline under tile roadway to
ductile iron from PVC, the concrete encasement is eliminated, thus
requiring a new contract amount increase of only $5,699.00.
It was pointed out that when the existing manhole at the start of
the project was opened and examined, it was determined that an addi-
tional 21 inch sewer line could not be added to the manhole and main-
tain tile waterproof integrity because of the existing number of sewer
lines running into it; that it was agreed upon by all parties that the
contractor extend the existing 21 inch pipe to an added manhole and
then provide a stub out for future use; that the manhole is to be added
for half of the quoted unit price for manholes, or $625.00; and the
total amount of additions are as follows:
100 feet 42 inch bore under
U. S. 460 ~ $650.00 per foot
$ 65,000.00
60 feet 42 inch tunnel under
U. S. 460 @ $750.00 per foot *
45,000.00
Manhold lA at half price
625.00
Additional for open cut, traffic
control & pavement replacement
5,699.00
TOTAL OF ADDITIONS
$116,324.00
*Unit price quoted on bid form. Bid was based on
jack and bore with tunneling quotations to be used
in case rock was encountered in the jack and bore
process. Jack and bore could have been done until
rock was encountered. At that point, the 24 inch
casing pipe would be replaced with a 42 inch tunnel
casing and the cost of both installations would be
charged to the job. One pit would be required to
install the jack and bore or tunneling equipment
and the other end pit where the casing pipe
emerged. The question was asked as to why jack and
bore could not be started on one end and if rock
was encountered, to start with tunneling on the
other end. The answer was that when this is done
there is always a break in the flow line because
rock causes deflection in the installation of the
tunnel pipe.
The City Manager recommended that he be authorized to execute
Change Order No. 2 to the contract with Dixon Contracting, Inc., in the
amount of $116,324.0D and no additional time to the contract; and
authorize the Director of Finance to appropriate $116,324.00 from the
Sewer Fund Previous Years' Retained Earnings to the Coyner Springs
Sewer Extension Project, Account No. 003-056-B444-9065.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29666) AN ORDINANCE to amend and reordain certain sections of
the 1989-90 Sewage Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 286.)
Mrs. Bowles moved the adoption of Ordinance No. 29666. The motion
was seconded by Mr. Bowers and adopted by the following vote:
281
ACTION:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor-. - .......6.
NAYS: None- O.
(Vice-Mayor Fitzpatrick was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#29667) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 2 to the City's contract with Dixon Contracting, Inc.,
for the Coyner Springs Sanitary Sewer Main Extension; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 287.)
Mrs. Bowles moved the adoption of Ordinance No. 29667. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor- 6.
NAYS: None--
(Vice-Mayor Fitzpatrick was absent.)
EMERGENCY MEDICAL SERVICES: The City Manager submitted a written
report advising that Council approved the Fiscal Year 1989-90 Supple-
mental Budget for Emergency Medical Services (EMS) which established
third-party insurance carrier billing to offset the cost of providing
improved emergency medical services; that this billing practice is to
maximize third-party recoveries and minimize the out-of-pocket expen-
ditures by the citizen; and the following billing rates for each type
of response are based on total cost per emergency medical services
response:
Basic Life Support (BLS) $100.00
Advanced Life Support (ALS) 130.00
Response and Evaluation (non-transport) 70.00
The response and evaluation fee will only be
assessed in cases of habitual misuse of the system.
It was further advised that the revenue projection for third-party
billing is estimated at $216,353.00; that Roanoke Emergency Medical
Services, Inc. (REMS) is to be the unifying body through which the
rescue squads provide volunteer emergency medical services; that the
City proposes to contract with Carillon Transportation Service, Inc.,
for provision of EMS billing and collection services for a period of
approximately six months beginning July 15, 19B9; that the contract
period provides sufficient implementation flexibility as the REMS cor-
poration will determine its viability as a program option by January 1,
1990; and the EMS billing and collection agreement will be reevaluated
prior to January 1, 1990, and a new contract will be developed through
a formal Request for Proposal (RFP) and competitive bid process.
It was explained that Carilion Transportation Service, Inc., will
charge the City one dollar per billable case plus $.25 for each mailing
with the total compensation not to exceed $9,900.00 for billing and
collection service; that the Roanoke Life Saving Crew and the
Williamson Road Life Saving Crew agreement with the City to provide
volunteer emergency medical services will be dissolved; and in its
place is an agreement between the REMS corporation and the City of
Roanoke.
The City Manager recommended that Council approve implementation
of the adopted Emergency Medical Services Supplemental Fiscal Year
1989-1990 budget and adopt the following measures:
282
ACTION:
ACTION:
Authorize a fee structure for billing of third-
party EMS responses in the following amounts,
effective July 15, 1989:
Basic Life Support (BLS)
Advanced Life Support (ALS)
Response and Evaluation
(non-transport)
$100.00
130.00
70.00
The response and evaluation fee will only be
assessed in cases of habitual misuse of the
system;
Authorize an agreement between Carillon Transporta-
tion Service, Inc., and the City for provision of
EMS billing and collection for a period of approxi-
mately six months at a cost not to exceed
$9,900.00;
Authorize an agreement between the REMS corporation
and the City for provision of volunteer EMS for a
period of one year; and
Establish an effective date of July 15, 1989.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#29668) A RESOLUTION establishing certain fees for the provision
of certain emergency medical services; and providing for an effective
date.
(For full text of Resolution, see Resolution Book No. 51, page 288.)
Mr. Mussermoved the adoption of Resolution No. 29668. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ....... 6.
NAYS: None ....... O.
(Vice-Mayor Fitzpatrick was absent.)
Mr. Musser offered the following emergency Ordinance:
(#29669) AN ORDINANCE authorizing the City Manager to enter into
a contract between the Ci'~y and Carillon Transportation Service, Inc.,
for provision of emergency medical services billing and collection ser-
vices; authorizing the City Manager to enter into a contract between
the City and Roanoke Emergency Medical Services, Inc., relating to pro-
vision of emergency medical services; and providing for an emergency
and an effective date.
(For full t~xt of Ordinance, see Ordinance Book No. 51, page 288.)
Mr. Musser moved the adoption of Ordinance No. 29669. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........ 6.
NAYS: None ......... -0.
(Vice-Mayor Fitzpatrick was absent.)
The City Manager introduced Mr. David Hoback, who was recently
hired for the position of Deputy Emergency Services Director.
ACTION:
ACTZON:
WATER DEPARTMENT: The City Manager submitted a written report
concurring in a report of the bid committee with regard to supply of
ductile iron water pipe for the period of July 1, 1989, to June 30,
1990.
The bid committee recommended that Council accept the lowest
responsible bid as submitted by Griffin Pipe Products Company, to
supply ductile iron water pipe for the of period July 1, 1989 to
June 30, 1990; and reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29670) AN ORDINANCE accepting a bid made for providing ductile
iron water pipe to the City; rejecting other bids; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 289.)
Mr. Trout moved the adoption of Ordinance No. 29670. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ............ 6.
NAYS: None .........
O.
(Vice-Mayor Fitzpatrick was absent.)
SEWERS AND STORM DRAINS-WATER DEPARTMENT: The City Manager sub-
mitted a written report concurring in a report of the bid committee
with regard to supplying water and sewage treatment chemicals for the
period July 1, 1989 to June 30, 1990.
The bid committee recommended that Council award bids supplying
water and sewage treatment chemicals to the City of Roanoke for the
period July 1, 1989 through June 30, 1990; and reject all other bids,
as follows:
Liquid Alum - to General Chemical Corp., for
$.336528 per gallon.
Standard Ground Alum - to Prillaman Chemical Corp.,
for $230.53 per ton.
Liquid Chlorine - to Van Waters & Rogers, inc., for
$50.00 per cwt. for 150 lb. cylinders and $27.50
per cwt. for 2,000 lb. cylinders.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29671) AN ORDINANCE accepting certain bids made for providing
chemicals for water and sewge treatment; rejecting other bids; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 290.)
Mr. Trout moved the adoption of Ordinance No. 29671. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ....... -6.
NAYS: None ........
O.
(Vice-Mayor Fitzpatrick was absent.)
283
DIRECTOR OF FINANCE:
BUDGET-WATER DEPARTMENT-CIVIC CENTER-SEWERS AND STORM DRAINS: The
Director of Finance presented a written report advising that at the
close of fiscal year 1989, budget funds were obligated for outstanding
encumbrances; that purchase orders or contracts have been issued for
the goods and services as of the close of fiscal year 1989, but deli-
very of the goods, or performance of the services have not been comple-
ted; that reappropriation of the funds brings forward the unspent
budget funds that were originally appropriated and obligated contrac-
tually for the goods and services; and the appropriation amounts are as
follows:
General Fund
Open encumbrances
$4,486,684.00
Water Fund
Open encumbrances
302,199.00
Sewage Fund
Open encumbrances
791,368.00
Civic Center Fund
Open encumbrances
24,494.00
Internal Service Fund
Open encumbrances
84,803.00
The Director of Finance recon~nended that Council reappropriate the
funds into the current year budget in order that these expenditures may
be properly classified and liquidated.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29672) AN ORDINANCE to amend and reordain certain sections of
the 1989-90. General Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 291.)
Mr. Trout moved the adoption of Ordinance No. 29672. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Member~ Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .... r .... 6.
NAYS: None ......... O.
(Vice-Mayor Fitzpatrick was absent.)
Mr. Trout offered the following emergency budget Ordinance:
(#29673) - AN ORDINANCE to amend and reordatn certain sections of
the 1989-90 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 296.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29673. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES:
Mayor Taylor ............
NAYS: None .............
(Vice-Mayor Fitzpatrick was absent.)
Council Members Garland, Musser, Trout, Bowers, Bowles and
284
Mrs. Bowles offered the following emergency budget Ordinance:
(#29674) AN ORDINANCE to amend and reordain certain sections of
the 1989-90 Sewage Fund Appropriations,.and, providing for an emergency.
''"(For full text of Ordinance, see Ordinance Book No. 51,-page 297.)
ACTION:~'~ ~.Mrs. B~lles moved the.adoption of Ordinance No. 29674. The motion
was'seconded by'Mr. Bowers and adopted by the following vote:
', .... · AYES:~-Council Members 'Garland',.Musser~Trout, Bowers, Bowles and
Mayor Taylor .............. 6.
NAYS: None--
{Vice-Mayor Fitzpatrick was absent. I
'~" '"'Mr~ Bowers offered the following emergency budget Ordinance:
(//29675) AN ORDINANCE to amend and reor~dain certain sections of
tile ~1989-90 Civic Center Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 298.)
· ACTION: Mr. Bowers moved the adoption of Ordinance No. 29675. The motion
was s~conded by Mr. Trout and adopted by the following vote:
*~ ...... '*' ~ AYES:~ Council Members Garland,'MusSer,--Trout,' BoWers, Bowles and · ' ' Mayor Taylor ...... 6.
-~, ~,. , . · ., ~-.%' ..,
NAYS: None .......... O.
(Vice-Mayor Fitzpatrick was absent.)
Mr. Bowers offered the following emergency budget Ordinance:
'': - ~ (#29676) AN ORDINANCE tO amend and reordain-certain'sections of
the 1989-90 Internal Service Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 298.)
ACTION: :-~-' Mr. Bowers moved the adoption of Ordinance No. 29676. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ...... 6.
NAYS: None ......... O.
(Vice-Mayor Fitzpatrick was absent.)
ACTION: At 11:00 p.m., Mrs. Bowles moved that the meeting be extended
beyond the 11:00 p.m. adjournment time. The motion was seconded by Mr.
..... "'~* Trout and adOpted by the following vote:*`.· *.. -~ ..... '~
:. AYES: ' Council MemberS Garland,' Musser','Trout,~Bowersj': Bowles and
MAYO? Taylor ......................................................... 6.
, : - ,~. ' i ." ' ' '' ~ , : : ' ":
NAYS: ~ None .......... x----~ ...................................... O.
~ "(Vice-Mayor Fitzpatrick was abs~nt~)' ,,'~ " ....
CITY ATTORNEY:
CITY CODE: The City Attorney presented a written report advising
that in prior years, Council has reenacted and recodified the City Code
on an annual basis in order to properly incorporate amendments in the
Code made by the General Assembly at the previous Session to State sta-
tutes that are incorporated by reference in the City Code, which proce-
dure ensures that the ordinances codified in our Code incorporate the
current provisions of State law.
ACTION:
285
The City Attorney further advised that the incorporation by
reference is frequently utilized in order to prevent having to set out
lengthy provisions of state statutes in their entirety; that in addi-
tion, the technique ensures that local ordinances are always consistent
with the State law as is generally required; that the procedure whereby
a local governing body adopts statutes by reference after action of the
General Assembly has been approved by the Attorney General; and recom-
mended that Council adopt an ordinance to readopt and reenact the Code
of the City of Roanoke (1979), as amended.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29677) AN ORDINANCE to readopt and reenact the Code of the City
of Roanoke (1979), as amended; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 299.)
Mr. Garland moved the adoption of Ordinance No. 29677. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ...... 6.
NAYS: None--
(Vice-Mayor Fitzpatrick was absent.)
REPORTS OF COMMITTEES:
BUDGET-UTILITIES: Council Member Robert A. Garland, Chairman of a
bid committee appointed by the Mayor to tabulate bids received for roof
replacement'at the Utility Lines Building, 3447 Hollins Road, N. E.,
presented a written report on behalf of the con~nittee recommending that
Council authorize the City Manager to execute a contract with Valley
Roofing Corporation, for the roof replacement on the Utility Lines
Building(s), in accordance with the Contract Documents as prepared by
the City Engineer's Office, in the amount of $15,040.00 and 29 con-
secutive calendar days; transfer $15,040.00, from the Internal Service
Fund Prior Year Retained Earnings to a capital account to be estab-
lished by the Director of Finance entitled "Utility Line Services -
Roof Replacement (ULS - Roof Replacement); and reject the other bid
received.
The City Manager submitted a written report concurring in the
reconmmndation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29678) AN ORDINANCE to amend and reordain certain sections of
the 19B9-90 Internal Service Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 300.)
ACTION: Mr. Garland n~oved the adoption of Ordinance No. 29678. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ..... 6.
NAYS: None-
O®
(Vice-Mayor Fitzpatrick was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29679) AN ORDINANCE accepting the bid of Valley Roofing
Corporation, made to the City for roof replacement at the Utility Line
Services' Building; rejecting the other bid made to the City; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 301.)
286
ACTION:
ACTION:
Mr. Garland moved the adoption of Ordinance No. 29679. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .......
6.
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent.)
AIRPORT-CITY PROPERTY: Council Member Elizabeth T. Bowles,
Chairman of the Water Resources Committee presented a written report on
behalf of the committee advising that Council, pursuant to Ordinance
No. 18406, dated November 11, 1968, and Resolution No. 18537, dated
January 27, 1969, authorized execution of a lease for a period of ten
years, with two irrevocable five year extensions, of a two acre parcel
of property, and an option on one additional acre of property, to the
Hertz Corporation for facilities for the maintenance, servicing and
storage of lessee's vehicles; and that the initial ten year lease term
was December 1, 1968 through Hovember 30, 1978.
A staff report further advised that'Hertz Corporation erected a
structure on the leased premises and has exercised its right to the two
additional five year extensions of the initial ten year lease term;
that the term of the second and last lease extension expired on
November 30, 1988; and the lease fees over.the twenty year term of the
original lease and two extensions were as follows:
Initial 10 year term - $2,614.40 per annum
First 5 year extension - $3,485.86 per annum
Second 5 year extension - $4,357.34 per annum
It was explained that the Hertz CorpOration was notified of the
termination of the term of the second lease extension in November 1988;
that responses have been slow as there was some confusion on the part
of the Hertz Corporation regarding leases they hold on property owned
by the Roanoke Regional Airport Commission in the new and old airport
terminals, and the rental property, which, is property retained by the
City; and that City staff has negotiated an agreement with Hertz
Corporation for a new five year lease term and a lease fee of
$17,000.00 per annum, effective December 1, 1988.
The Water Resources committee recommended that Council authorize
the appropriate City officials to execute a lease agreement with the
Hertz Corporation for an improved two acre parcel of land located at
1302 Municipal Road, N. W., described as a portion of Official Tax No.
6640105, upon certain terms and conditions.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29680) A~ ORDINANCE'.autho~izing'the 'proper City officials to
enter into a lease agreement between the City and The Hertz Corporation
for use of City-owned property at 1302 Municipal Road, N. W., for said
corporation's maintenance, servicing and storage facilities, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance BoOk No. 51, page
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowers Bowles and
Mayor Taylor ........ ,
NAYS: None ........ ·
O.
(Vice-Mayor FitzPatrick was absent.)
287
ACTION:
SPECIAL PERMITS-WATER DEPARTMENT-CITY PROPERTY: Council Member
Elizabeth T. Bowles, Chairman of the Water Resources Committee pre-
sented a written report on behalf of the committee, advising that pro-
perty at 2429 Mount Pleasant Boulevard, S. E., described as Official
Tax No. 4370306, was recently surveyed in conjunction with its sale;
and the survey established that two accessory buildings, a garage and
shed, were located on City property.
A staff report further advised that Billy Graham Evangelistic
Association, the seller, has requested permission to allow the
encroaching structures to remain in place and in use by Mr. Randall D.
Hollandsworth and Ms. Reva S. Hager, the purchasers.
The Water Resources Committee reconm)ended that Council authorize
the appropriate City officials to execute a lease agreement with
Randall D. Hollandsworth and Reva S. Hager, allowing the encroaching
structures to remain in place and in use on the City's Muse Spring pro-
perty, subject to conditions stated in a report of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29681) AN ORDINANCE authorizing the appropriate City officials
to enter into a lease agreement for a portion of the Muse Spring pro-
perty to allow existing garage and shed structures to remain, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 308.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor-- 6.
NAYS: None ........
Oe
(Vice-Mayor Fitzpatrick was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CITY CODE-SEWERS AND STORM DRAINS: Ordinance No. 29632 amending
Article III, Sewer Use Standards, of Chapter 26, Sewers and Sewage
Disposal, of the Code of the City of Roanoke (1979), as amended, by
amending and reordaining §26-43, Definitions, subsection (a) of §26-44,
General requirements, subsections (b) and {e) of §26-55, Measurement,
sampling, etc., and report of discharges, subsections (a)(5), (c), (d)
and (e) of §26-56, Discharge permits for industrial waste, §26-63,
Right of entry to enforce article, §26-65, Notice of violations,
~26-66, Penalty for violations, and by enacting new subsections (g) and
(i) of §26-44, General requirements, subsections (g) and (h) of §26-51,
Discharge of su-b-~ance cap~61~-6l-impairim,g, etc., facilities, sub~ec-
tion (d) of §26-52, Right to require pretreatment and control of, or to
reject discharges, subsection (i) of §26-55, Measu6~mment, sampling,
etc., and report of discharges, and a new section to be entitled
§26-68, Public ~ccess to data, of Article III, Sewer Use Standards, of
Chapter 26~ Sewers and Sewage Disposal, such code amendments and addi-
tions improving and increasing the protection program for the City's
Publicly Owned Treatment Works; and providing for an effective date for
such regulations, having previously been before the Council for its
first reading on Monday, June 26, 1989, read and adopted on its first
reading and laid over, was again before the body, Mr. Bowers offering
the following for its second reading and final adoption:
(#29632) AN ORDINANCE amending Article III, Sewer Use Standards,
of Chapter 26, Sewers and Sewage Disposal, of the Code of the City of
Roanoke (1979), as amended, by amending and reordaining §26-43,
Definitions, subsection (a) of §26-44, General requirements, subsec-
tions (b) and (e) of §26-55, Measurement, sampling, etc., and report of
288
ACTION:
ACTION:
ACTION:
discharges, subsections (a)(5), (c), (d) and (e) of §26-56, Discharge
~ermits for industrial waste, §26-63, Right of entry to e~66ce
article, §26-¢~, Notice'of' violations, §26-66, Penalty for violations,
'~nd by enacting new subsections'(g) and (i) of ~G-44, General require-
ments, subsections (g) and (h) of §26-51, ?scharg6 6f subst?ce
~le of impairing, etc., facilities, subsection (d) of §26-52, ~
? require pr~tfeat.ment and~ control of, or to reject discharges, sub-
section (i) of §26-55, Measurement, Samp)ing, etc;, and repbrt of dis-
charges, and a new sec6ion tO be entitled §26'~68, Public acc6ss to
data, of Article III, Sewer Use Standards, of Chapter 26, 'Sewers and
Sewage Disposal, such c6a~ amendments and additions improving and
increasih~ the protection program for the City's Publicly Owned Treat-
ment Works; and providing for an effective date for such regulations.
(For full text of Ordinance, see Ordinance Book No. 51, page 277.)
Mr. Bowers moved the adoption of Ordinance No. 29632. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ............ 6.
NAYS: None .................... O.
(Vice-Mayor Fitzpatrick was absent.)
PARKS AND PLAYGROUNDS-SWIMMING POOLS: Ordinance No. 29647
accepting the bid of P & L Concessions for certain concession privile-
ges to be exercised at the Fallon Park swimming pool, for a fee of ten
percent of gross sales revenue, for a term of June 1, 1989 to
September 6, 1989, having previously been before the Council for its
first reading on Monday, June 26, 1989, read and adopted on its first
reading and laid over, was again before the body, Mr. Bowers offering
the following for its second reading and final adoption:
(#29647) AN ORDINANCE accepting the bid for certain concession
privileges to be exercised at the Fallon Park swimming pool upon cer-
tain terms and conditions; and authorizing the execution of the
requisite concession agreement.
(For full text of Ordinance, see Ordinance Book No. 51, page 280.)
Mr. Bowers moved the adoption of Ordinance )~o. 29647. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ............ 6.
NAYS: None ......... O.
(Vice-Mayor Fitzpatrick was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR .AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 11:12 p.m., the Mayor declared the meeting in recess.
At 1:29 a.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Vice-Mayor Fitzpatrick.
Mr. Bowers moved with respect to the Executive Session just
concluded, that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information act and (2) only such public business matters as were iden-
tified in any motion by which any Executive Session was convened were
heard, discussed or considered by City Council. The motion was
seconded by Mr. Musser and adopted by the following vote:
ATTEST:
289
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor- · .......... 6.
NAYS: None--- - ........ O.
(Vice-Mayor Fitzpatrick was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 1:30 a.m.
APPROVED
Deputy City Clerk
290
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
July 24, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chan~er, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, July 24, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Robert A. Garland and Mayor'Noel C. Taylor ....... 6.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Frank W. Feather,
Pastor, Forest Park Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-FINANCE DEPARTMENT: The Mayor presented a
framed Certificate of Achievement for Excellence in Financial Reporting
to Ms. Joyce Van Houten, Retirement Accountant, which was awarded to
the City of Roanoke by the Government Finance Officers Association of
the United States and Canada for its component unit financial report.
He pointed out that the Certificate of Achievement is the highest form
of recognition in the area of public employee retirement system
accounting and financial reporting, and its attainment represents a
significant accomplishment. Me also presented a plaque to Mr. Joel M.
Schlanger, Secretary-Treasurer, City of Roanoke Pension Plan.
ACTION:
ACTION:
BID OPENINGS:
UTILITIES: Pursuant to notice of advertisement for bids for
construction of a new fueling station at the City's Utility Lines site,
3447 Hollins Road, N. E., said bids to be received by the City Clerk
until 1:30 p.m., on Monday, July 24, 1989, and to be held, opened and
read before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the sole bid of S. J. Conner & Sons, Inc., in the total amount
of $69,635.00.
Mr. Musser moved that the bid be referred to a committee to be
appointed by the Mayor for study, report and reconmmndation to Council.
The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Kiser as members of the comnittee.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for construction of Williamson Road Storm Drain, Phase 2,
Contract IB, Right Segment, said bids to be received by the City Clerk
until 1:30 p.m., on Monday, July 24, 1989, and to be held, opened and
read before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
ACTION:
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
Aaron J. Conner General Contractor,
Inc.
R. S. Jones & Associates, Inc.
F. L. Showalter, Inc.
$776,269.35
948,801.00
956,395.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
tile Consent Agenda and considered separately. He called specific
attention to three requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; a matter involving the
acquisition and use of property for public purposes, specifically the
acquisition of a building or interest therein for public use; and the
disposition of publicly held property, specifically a parcel of land
owned by the City of Roanoke Redevelopment and Housing Authority.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ................... 6.
NAYS: None ..................................................... O.
(Vice-Mayor Fitzpatrick was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter involving the acquisition and use of pro-
perty for public purposes, specifically the acquisition of a building
or interest therein for public use, pursuant to Section 2.1-344
(A) (3), Code of Virginia (1950), as amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter involving
the acquisition and use of property for public purposes, specifically
the acquisition of a building or interest therein for public use, pur-
suant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ................. 6.
NAYS: None ............
(Vice-Mayor Fitzpatrick was absent.)
292
ACTION:
ACTION:
ACTION:
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss the disposition of publicly held property, specifi-
cally a parcel of land owned by the City of Roanoke Redevelopment and
Housing Authority, pursuant to Section 2.1-344 (Al (3), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the disposition of
publicly held property, specifically a parcel of land owned by the City
of Roanoke Redevelopment and Housing Authority, pursuant to Section
2.1-344 (Al (3), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ....... -6.
NAYS: None .........
(Vice-Mayor Fitzpatrick was absent.)
Oo
SCHOOLS: A report of the City Manager advising that at the regu-
lar meeting of Council on Monday, May 22, 1989, the Jefferson High
School Committee submitted a report with regard to a feasibility study
for the reuse of Jefferson High School, which contained a recommen-
dation for immediate repair of the Jefferson High School roof; and the
matter was referred to him for study, report and recommendation to
Council, was before the body.
The City Manager further advised that during fiscal year 1988-89,
7,100 square feet of the roof on Jefferson High School was reroofed at
a cost of $21,800.00; that as a part of the appropriation for fixed
asset maintenance in the fiscal year 1989-90 budget, it is anticipated
that an additional 6,500 square feet will be reroofed at an estimated
cost of $18,500.00; that in the opinion of City Building Maintenance
personnel, this will complete reroofing those sections of Jefferson
High School which are in immediate need of repair; and the remaining
portions of the roof will be reroofed as the need arises and/or
accomplished as part of overall building renovations.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ........ -6.
NAYS: None ........
(Vice-Mayor Fitzpatrick was absent.)
HEALTH DEPARTMENT (MENTAL HEALTH): A communication from Mr.
Daniel E. Karnes, Chairman, Mental Health Services of the Roanoke
Valley Board of Directors, reconmnending ratification of certain revi-
sions to the Board's By-Laws, which will include representation of
Craig County on the Board of Directors, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the City Manager
for study, report and recommendation to Council. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor .......... -6.
NAYS: None ........
(Vice-Mayor Fitzpatrick was absent.)
293
LIBRARIES: A report of qualification of Mr. John D. Copenhaver as
a member of the Roanoke Public Library Board for a term of three years
ending June 30, 1992, was before Council.
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Tayl or ........ .6.
NAYS: None ........ O.
(Vice-Mayor Fitzpatrick was absent.)
ROANOKE ARTS COMMISSION: A report of qualification of Mr.
Richard L. Meagher as a member of the Roanoke Arts Commission for a
term ending June 30, 1992, was before Council.
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylo~ ............ 6.
NAYS: None ..........
(Vice-Mayor Fitzpatrick was absent.)
'-0o
ACTION:
PERSONNEL: A report of qualification of Mr. Lewis W. Peery as a
member of the Personnel and Employment Practices Commission for a term
ending June 30, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ............ --6.
NAYS: None .........
(Vice-Mayor Fitzpatrick was absent.)
-0.
ECONOMIC DEVELOPMENT: Reports of qualification of Messrs.
Charles R. Saul and Stanley R. Hale as members of the Economic Develop-
ment Commission for terms of three years each, ending June 30, 1992,
were before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
ACTION:
Mr. Trout moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor .......... 6.
NAYS: None ...........
O®
(Vice-Mayor Fitzpatrick was absent.)
294
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
ARCHITECTURAL REVIEW BOARD: Mr. M. Caldwell Butler, Attorney,
representing St. John's Protestant Episcopal Church, appeared before
Council and advised that he was present for the purpose of appealing a
decision of the Architectural Review Board to deny a request of the
Church for a Certificate of Appropriateness or demolition of a building
known as "Belvedere", located at 15 Mountain Avenue, S. W. He stated
that a motion for denial by the Architectural Review Board was issued
on December 8, 1988 and an appeal was timely filed with the City Clerk
by the Church; however, he requested at the time the appeal was filed
that the Clerk refrain from placing the matter on Council's agenda
until the present time which provided him with an opportunity to
respond to certain objections raised by the Board at its earlier
hearing.
Mr. Butler called attention to certain changes in the proposed
plan which have received the blessing of the long-range planning com-
mittee and vestry of the Church. He stated that the new plan was pre-
sented to the Architectural Review Board and, by resolution adopted on
July 20, 1989, the Board rendered an advisory opinion, which is the
limit of its legal authority, that a Certificate of Appropriateness be
issued, with the understanding that the concept would be carried for-
ward in a timely fashion.
Mr. Butler advised that he was appearing before Council in his
capacity as chairman of the long-range planning committee of St. John's
Protestant Episcopal Church, with a charge of planning for development
of the Church upon the occasion of its lOOth anniversary in 1992. He
explained that one of the major undertakings of the Church will be to
erect a new building occupying substantially all of the present parking
lot which will enable the Church to increase the number of Sunday
school rooms in the old parish house, provide larger meeting rooms in
the new building, a half court for recreational use, and an expanded
meeting hall. He stated that the office and administrative area will
occupy the top floor of the new building; that the new building will
enable all of the offices to be located on one floor, thereby
increasing efficiency and providing greater security; and provide con-
venient parking as well as handicapped parking. He explained that
· traffic flow will be designed to exit vehicles through the alley onto
First Street, S. W.
Mr. Butler pointed out that the key to the site plan is the demo-
lition of the building known as "Belvedere". He stated that the
entrance to the Church will be off of Mountain Avenue and presented a
streetscape depicting the completed project, and advised that there was
no reasonable alternative to demolition of the structure.
Mr. Butler explained that the Architectural Review Board had
expressed a particular concern relative to plans of the Church for use
of the property to the east of "Belvedere", being three green apartment
buildings or 28 housing units owned by St. John's Protestant Episcopal
Church and presently being maintained by the Church as subsidized
housing. He advised that a considerable amount of funds were expended
on renovations to the buildings in order to meet building code stan-
dards; therefore, the Church has no plans to raze the buildings. He
advised, however, that he would be less than candid if he did not point
out that it had been a tremendously expensive venture for the Church to
maintain the buildings and the time might come in the future when this
expense would become prohibitive, but at the present time the Church
intended to do its best to keep the buildings intact inasmuch as it is
felt that the Church is providing a service to the community and the
neighborhood by offering the 28 units of subsidized housing.
Mr. Butler explained that also of concern to the Architectural
Review Board was the timetable upon which the Church intends to
proceed, advising that plans have been approved, in concept, by the
long-range planning committee and the vestry, however, detailed plans
have not been approved by the Church. He stressed that a target date
295
r!
m
for completion of the project has been established as 1992 in com-
memoration of the occasion of the lOOth anniversary of St. John's
Protestant Episcopal Church, therefore, the Church will be under
pressure to proceed as expeditiously as possible with building demoli-
tion and landscaping.
Mr. Butler requested that Council authorize the Building Commis-
sioner to issue a Certificate of Appropriateness to St. John's Protes-
tant Episcopal Church for demolition of a structure known as
"Belvedere".
Mr. David F. Kunca, 401 Walnut Avenue, S. W., member of the Board
of Directors of Old Southwest, Inc., and a resident of the old south-
west neighborhood, appeared before Council and urged that the City be
very cautious in allowing a structure in the old southwest section of
the City to be razed. He stated that he was concerned that approval of
the request of St. John's Protestant Episcopal Church might set a pre-
cedent for large institutions and commercial enterprises to start
chipping away at the H-2 overlay, which took considerable effort, both
on the part of the City and the neighborhood organization, to
establish. He explained that the Church has been a good neighbor and
he understood the need for expansion; however, he did not feel that the
building had to be torn down in order for the Church to expand. He
added that a creative architect could devise an alternative to removal
of the structure, noting that he would be opposed to removal of a
contributing structure to make room for a parking lot. In closing, Mr.
Kunca advised that his major concern was that a precedent not be set
that would allow structures in the 1t-2 overlay zone to be removed, and
urged that Council give careful consideration to the request prior to
'making a decision on the matter.
Mr. Geoffrey L. Seamans, 414 Walnut Avenue, S. W., President, Old
Southwest, Inc., appeared before Council and called attention to a for-
mal position of the Architectural Review Board which pointed out that
"Belvedere" is a contributing structure in the H-2 overlay zone,
advising that the purpose of the H-2 District is to encourage the reha-
bilitation and continued use of existing uses rather than the demoli-
tion. He stated that it is felt that plans for growth by the Church
and the need to provide facilities for social outreach are admirable;
however, the Board felt that a more imaginative plan could both save
the building as well as meet the needs of the Church. He pointed out
that the City was getting into uncharted waters, and stated that this
would represent the second si gni ficant demolition in the old southwest
neighborhood since the H-2 overlay took effect. He advised that the
neighborhood is of the opinion that the removal of "Belvedere" would
open the door for other requests of a similar nature.
Mr. W. L. Whitwell, Chairman, Architectural Review Board, pre-
sented the report of the Board under date of July 24, 1989, and pointed
out that paragraph 2 sets forth the basis for the Board's decision. He
stated that in preservation law, the concept of precedent is very dif-
ficult to prove inasmuch as all buildings are different, circumstances
are different, that all Judgements made in preservation law are, of
necessity, subjective, and the courts have been very careful in dealing
with such matters. He advised that the Architectural Review Board
attempts to deal w;th eacl; case on its own merits and on its own merits
separately; and demolition of one building does not necessarily imply
the demolition of another inasmuch as each set of circumstances is
totally different. He pointed out that the report of the Board is an
advisory opinion in law, and it was the conclusion of the Board that
the building proposed to be demolished was not of unique architectural
significance. He stated that the Board strongly encouraged the preser-
vation and maintenance of the so called "green apartment buildings"
operated as subsidized housing by the Church. He advised that in the
minds of Architectural Review Board members, removal of the building
known as "Belvedere" would not set a precedent for future demolition of
buildings inasmuch as each building is assessed on its own separate
merits.
296
A report of the Architectural Review Board advising that on
December 8, 1988, the Board heard the request of St. John Protestant
Episcopal Church to demolish the existing structure at 15 Mountain
Avenue, S. W.; that the Board voted to deny a Certificate of
Appropriateness to demolish the structure; and in sun~ary, the Board
felt that the structure was significant to the National Register
Southwest Historic District and its loss would be adverse to the
district and to Mountain Avenue, was before Council.
It was further advised that the Architectural Review Board indi-
cated that further study should be given to the way the property could
be developed; that in addition, consideration should be given to reha-
bilitation and reuse of the structure; that a series of plans that were
submitted to the Board were conceptual, showing only general building
size and location which did not sufficiently address questions of the
Board relative to alternatives to demolition and alternative placement
of the proposed new development; and no plans were presented to the
Board that illustrated the design of new construction on the property.
The Board pointed out that it reviewed the request and made its
decision based on Section 36.1-348 of the Zoning Ordinance which sets
forth the following requirements for evaluation demolition in the H-2
District:
Loss of the structure would not be adverse to
the district or the public interest by virtue
of its uniqueness or its significance to the
di strict.
Demolition would not have an adverse effect on
the character and surrounding environment of
the district.
Where demolition is in conjunction with a pro-
posed new use of the site, such use satisfies
the intent and standards of the H-2 District.
The Board explained that at the request of Mr. M. Cardwell Butler,
Attorney for the Church, the Board would review revised plans con-
cerning the demolition of the structure at its meeting on July 20
1989. '
An additional report of the Architectural Review Board under date
of July 24, 1989, advising that on July 20, 198g, Mr. M. Caldwell
Butler discussed revised plans for the expansion of St. John's
Protestant Episcopal Church with the Board, and again advised of the
desire of the Church to demolish the structure at 15 Mountain Avenue,
S. W., and indicated that the prior application of the Church was pre-
mature and new plans were more detailed, was before Council.
The Architectural Review Board rendered an advisory opinion for
Council's consideration that St. John's Protestant Episcopal Church be
allowed to demolish the structure known "Belvedere", located at 15
Mountain Avenue, S. W., on the condition that the Church would proceed
in a timely fashion with cencept plans which were presented to the
Board on July 20, 1989, or with plans of a similar concept as approved
by Council.
The Architectural Review Board emphasized that it' did not
encourage the demolition of buildings in the historic district,
however, the proposed demolition was a trade-off for a new element on
Mountain Avenue which would improve the area and retain the integrity
of the neighborhood; that the Board felt that the building proposed for
demolition was not of unique architectural significance and was of less
importance to Mountain Avenue than the adjoining buildings owned by St.
John's east to Jefferson Street; and the Board strongly encouraged the
preservation and maintenance of these structures which are in the
National Register Historic District, but outside of the local H-2
Zoning District where the Board has jurisdiction.
(For full text, see reports on file in the City Clerk's Office.)
297
Ii
ACTION:
ACTION:
Following discussion of the matter and questions by the Mayor and
Members of Council, Mr. Trout moved that Council authorize issuance of
a Certificate of Appropriateness to St. John's Protestant Episcopal
Church to provide for demolition of the structure known as "Belvedere",
located at 15 Mountain Avenue, S. W. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor .... 6.
NAYS: None---
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-SCHOOLS-GRANTS: A co~nunication from the Roanoke City
School Board requesting appropriation of funds for the following school
grants, was before Council.
Grant No. 6574 - $48,530.00 for the Child Develop-
ment Clinic Program to provide
funds for the salary and expenses
of the educational coordinator at
the clinic. The expenses for the
Program are one hundred percent
reimbursed by state funds.
Grant No. 6575 - $60,521.00 for the Child Specialty
Services Program to provide funds
for the salary and expenses for
the educational coordinator.
Expenses for the Program are one
hundred percent reimbursed by
state funds.
Grant No. 6576 - $35,802.00 for the Juvenile
Detention Home Program to provide
funds for the salary and expenses
of the educational coordinator at
the detention home. The expenses
for the program are one hundred
percent reimbursed by state funds.
Grant No. 6951 - $655,000.00 for the 1989-90
Governor's School Program to pro-
vide instruction in science and
math to high school students. The
Program will be supported by state
funds and tuition collected from
participating school districts.
(For full text, see communication on file in the City Clerk's Office.)
The Director of Finance submitted a written report advising that
the Child Development Clinic Program, Child Specialty Services Program,
and Juvenile Detention Home Program are one hundred per cent state fun-
ded; that the Governor's School Program is supported by state funding,
fees, and a local match of $169,ODO.OD; that funding for the local
match is available in the Instruction Category of the Education portion
of the General Fund budget, Tuition, Account No. 001-060-6001-6307-
0382; and recommended that Council concur in the request of the School
Board, was also before the body.
(For full text, see. report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29682) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 309.)
Mr. Trout moved the adoption of Ordinance No. 29682. The motion
was seconded by Mr. Bowers and adopted by the following vote:
298
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor .......... 6.
NAYS: None ......... O.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-GRANTS-COMMONWEALTH'S ATTORNEY-VICTIM/WITNESS/JUROR PRO-
GRAM: A com~nunication from the Honorable Donald S. Cai dwell,
Commonwealth's Attorney, advising that the Victim/Witness/Juror Program
is designed to recognize and address the needs of victims and witnesses
in the Criminal Justice System of the City of Roanoke and to continue
the commitment for citizen support; that the Victim/Witness/Juror
Assistance Committee (RCVWJ) of the City of Roanoke was formed in the
fall of 1983 by Judges and Clerks of Circuit, General District and
Juvenile Courts, Commonwealth's Attorney, City Sheriff, Chief
Magistrate, Chief of Police, Director of Administration and Public
Safety, and the Roanoke Bar Association; and the Victim/Witness/Juror
Program was developed and utilizes volunteers in the court system to
provide services to support the needs of victims, witnesses and jurors,
was before Council.
It was further advised that the Roanoke City Victim/Witness/Juror
Committee submitted its program to the State, with a request for full
payment funding; that start-up Grant No. 85A6252 was issued on
July 1, 1984, in the amount of $16,202.00 for fiscal year 1984-85, sub-
ject to proportional annual local funding to be approved each year;
that Council accepted the start-up grant in September, 1984, and hired
a full-time Program Coordinator in October, 1984; and Council accepted
the second year of the Victim/Witness Assistance Program, Grant No.
86A6292, in September, 1985, and appropriated $2,430.00 for fiscal year
1985-86 as the City's first year proportional share, subject to terms
of the original agreement (fifteen per cent of $16,202.00).
It was explained that in October, 1985, the City Manager approved
the new classification of the Victim/Witness Coordinator's position at
pay grade 09 and the full-time Coordinator received a salary increase
of $3,108.00; that additional expense for the salary increase was
transferred from the Commonwealth's Attorney's 1985-86 budget to the
Victim-Witness Grant budget; that Council accepted the third year
Victim/Witness Assistance Program, Grant No. 86A6400 in August, 1986,
and appropriated $6,575.00 for fiscal year 1986-87 as the City's local
cash match; and in June, 1987, Victim/Witness Assistance Program, Grant
No. 86A6400, was extended from June, 1987 through November, 1987.
It was further explained that Council accepted the fourth year
Victim/Witness Assistance Program, Grant No. 87A6524, in November,
1987, and appropriated $9,916.00 as the City's local cash match for the
grant period of November, 1987 to August, 1988; that Council accepted
the fifth year Victim/Witness Assistance Program, Grant No. 88A6680, in
September, 1988, and appropriated $14,514.00 as the City's local cash
match for the grant period of September, 1988 to June, 1989; and in
April, 1989, a request for a new grant was submitted by the Victim-
Witness Coordinator when additional state funds became available.
The Conmmnwealth's Attorney pointed out that the Victim/Witness/
Juror Program has been awarded a twelve month grant (Grant
No. 8gA6821), in the amount of $32,250.00, for July, 1989 through June,
19g0, which will be matched by a local cash match of $20,072.00, for a
total grant budget of $52,322.00; that the Victim/Witness/Juror Program
continues to operate with a full-time coordinator, as well as a full-
time Victim-Witness Advocate for the Juvenile and Domestic Relations
District Court; that duties have expanded and increasingly greater
contact has been made with persons in need of program services; and the
Victim/Witness/Juror Program is coordinated by the Office of the
Commonwealth's Attorney and fiscal year 1989-90 budget of the Common-
wealth's Attorney, as approved by Council, included a local cash match
grant fund of $20,072.00.
299
ACT]ON:
ACTION:
ACTION:
The Commonwealth's Attorney recommended that Council accept
Victim/Witness/Juror, Grant No. 89A6821, in the amount of $32,250.00,
with the City paying $20,072.00 as a local cash match, for a total
grant of $52,322.00; authorize the City Manager to sign and execute all
appropriate documents to obtain said grant; and appropriate $32,250.00
in State grant funds and transfer $20,072,00 in local matching funds
from the General Fund, Account No. 001-026-2210-9536, to certain Grant
Fund accounts to be established by the Director of
Finance.
(For full text, see communication on file in the City Clerk's Office.)
A report of the City Manager concurring in the recommendation of
the Commonwealth's Attorney, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the foll~Ning emergency budget Ordinance:
(#29683) AN ORDINANCE to amend and reordain certain sections of
the 1989-90 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 310.)
Mr. Bowers moved the adoption of Ordinance No. 29683. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor- . ........6.
NAYS: None-- · ........O.
(Vice-Mayor Fitzpatrick was absent.)
Mr. Bowers offered the following Resolution:
(#29684) A RESOLUTION authorizing the acceptance of Grant No.
89-A6821 made to t;le City of Roanoke by the State Department of
Criminal Justice Services for a Victim/Witness/Juror Program and
authorizing the execution and filing by the City Manager of the con-
ditions of the grant and other grant documents.
(For full text of Resolution, see Resolution Book No. 51, page 311.)
Mr. Bowers moved the adoption of Resolution No. 29684. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, 8owles, Garland and
Mayor Taylor-- 6.
NAYS: None--
(Vice-Mayor Fitzpatrick was absent.)
Mr. Bowers moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Garland and adopted.
BUDGET-SHERIFF-GRANTS-DRUGS: A con~nunication from the Honorable
W. Alvin Hudson, City Sheriff, advising that the Appropriation Act
approved by the Virginia General Assembly during its 1989 regular
session authorized the Department of Criminal Justice Services (DCJS)
to expend grant funds for pretrial diversion and related services; and
in addition, the Director of the Department of Criminal Justice
Services is to assure that one or more of the programs is to include
provision for drug testing of accused felons awaiting trial, consistent
with state law, Section lg.2-123, of the Code of Virginia (1950), as
amended, effective July 1, 1989.
It was further advised that the "Drug Testing of Pretrial Felons"
Program is to be implemented with state funds through a grant at no
cost to the locality; that funds, in the amount of $120,000.00, are
available for the program; that there will be no matching fund require-
ments for the locality; and the purpose of the drug testing program is
as follows:
300
The diversion of defendants from jail who are
awaiting trial with conditions for continued drug
testing while on release status.
The collection of verifiable data concerning the
prevalence of drug use by persons coincidental to
the commission of a crime.
It was explained that the Virginia State Crime Commission endorsed
the City of Roanoke as the site for the drug testing of pretrial felons
pilot program, with the Roanoke City Sheriff's Department administering
the program; that a grant request, in the amount of $67,670.00 has been
submitted to the Department of Criminal Justice Services on behalf of
the Sheriff's Department, with $67,670.00 having been awarded to the
City of Roanoke; and preliminary approval of the program has been given
by the Department of Criminal Justice Services, subject to concurrence
by Council.
The City Sheriff recommended that Council authorize the City
Manager to execute a grant agreement with the Department of Criminal
Justice Services, in an amount not to exceed $67,670.00; and appro-
priate $67,670.00 to accounts to be established by the Director of
Finance in the Grant Fund.
(For full text, see communication on file in the City Clerk's Office.)
A report of the City Manager concurring in the reconmmndation of
the City Sheriff, was also before Council.
(For full text, see report on file in the City Clerk's Office..)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29685) AN ORDINANCE to amend and reordain certain sections of
the 1989-90 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 312.)
ACTION: Mrs. Bowles moved the adoption of Ordinance No. 29685. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ...................... 6.
NAYS: None ................... O.
(Vice-Mayor Fitzpatrick was absent.)
Mrs. Bowles offered the following Resolution:
(#296B6) A RESOLUTION authorizing the acceptance of a Drug
Testing of Pretrial Felons Grant made to the City of Roanoke by the
Commonwealth of Virginia Department of Criminal Justice Services and
authorizing the acceptance, execution and filing of all appropriate
decuments to obtain such grant.
ACTION:
(For full text of Resolution, see Resolution Book No. 51, page 313.)
Mrs. Bowles moved the adoption of Resolution No. 29686. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ............... 6.
NAYS: None--, O.
(Vice-Mayor Fitzpatrick was absent.)
ACTION: Mrs. Bowles moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Bowers and adopted.
301
(1
ACTION:
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-YOUTH: The City Manager submitted a written report
advising that on June 17, 1980, a youth grant was officially awarded to
the City of Roanoke under the Virginia Delinquency Prevention and Youth
Act; that on May 1, 1989, Fiscal Year 1989-90 Youth Grant application
was submitted to Council; that the grant provides for continuation of
coordinated planning and program implementation of the Office on Youth,
and encompasses the following budget:
Budget iCategor~_
Local Match
State Funds Cas.l! In-kind Total
Personnel $37,712.00
Consultants - 0 -
Travel 872.00
Equipment - 0 -
Supplies/Operating
Expenses - 0 -
$38,584.00
$ - 0 - $ - 0 - $37,712.00
- 0 - - 0 - - 0 -
1,400.00 - 0 - 2,272.00
- 0 - - 0 - - 0 -
8,600.00 3,000.00 11,600.00
$10,000.00 $3,000.00 $51,584.00
It was further advised that funding for the local cash match was
included in the fiscal year 1989-90 Con~nunity Planning Budget, Account
No. 001-052-8110-9536, in the amount of $10,000.00; and an additional
in-kind match of $3,000.00 is available through the use of office space
rental in the Office of Community Planning.
It was explained that the Youth Grant application has been appro-
ved, in the amount of $38,584.00 state funds; and Council's acceptance
of the funding and appropriation of a local cash match is needed if the
Office on Youth Program is to continue for program year 1989-90.
The City Manager recontnended that Council authorize the following:
Acceptance of the Department of Corrections Grant
No. 89-I-15 through execution of the proper form by
the City Manager or his designee.
Appropriate $48,584.00 to accounts to be estab-
lished by the Director of Finance for the program
(75% of the total grant budget or $3B,584.00 will
be refunded by the Department of Corrections).
Authorize the transfer of $10,000.00 from Conmmnity
Planning Budget, Account No. 001-052-8110-9356, to
the program as part of the City's cash match to
operate the program for fiscal year 1989-90 to the
Grant Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29687) AN ORDINANCE to amend and reordatn certain sections of
the 1989-90 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 313.)
Mr. Garlandmoved the adoption of Ordinance No. 29687. The motion
was seconded by Mr. Trout and adopted by the following vote:
302
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Tayl or .................... 6.
NAYS: None ........ O.
(Vice-Mayor Fitzpatrick was absent.)
Mr. Garland offered the following Resolution:
(#29688) A RESOLUTION authorizing the acceptance of a Delinquency
Prevention and Youth Development Act Grant made to the City of Roanoke
by the Commonwealth of Virginia Department of Corrections and
authorizing the acceptance, execution and filing of the "Special
Conditions" with the Department of Corrections for this grant for the
purpose of continuing coordinated planning and youth services program
implementation by the City's Office on Youth until June 30, 1990.
(For full text of Resolution, see Resolution Book No. 51, page 314.)
ACTION: Mr. Garland moved the adoption of Resolution No. 29688. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor--- 6.
NAYS: None ....... O.
(Vice-Mayor Fitzpatrick was absent.)
FIRE DEPARTMENT-SPECIAL PERMITS: The City Manager submitted a
written report advising that Jet Convenience Store, located at 1805
Peters Creek Road, N. W., across the street from Fire Station No. 13,
experienced a leak of high test unleaded gasoline from a new line;
that Conoco, Inc., the station's petroleum products supplier, initiated
recovery procedures, pumping from a well site, on December 2, 1988;
that by the time pumping was initially terminated on April 5, 1989, 433
gallons of petroleum had been recovered; that pumping has since been
resumed and a total of 670 gallons of petroleum products have been
recovered; and the State Water Control Board has requested an environ-
mental assessment study of the area to determine the extent of the
spread of the gasoline underground, which will be accomplished by
placing monitoring wells around the area of the spill, possibly over a
large area.
It was further advised that Conoco, Inc., has requested permission
to install two water quality monitoring wells on Fire Station No. 13
property; that wells to be located between the firehouse and Appleton
Avenue, N. W., will be drilled to bedrock (4' x 6'), then into bedrock
to a total depth of 15' and covered with a 12" x 12" drive-over box set
in a 30' x 30' concrete pad; that siting of wells is to be in locations
acceptable to and approved in advance by the City; that wells may be
long-term but not permanent installations, with a possibility that they
may also be converted to extraction wells, if necessary; and Conoco,
Inc., would be required to obtain written additional authority from the
City Manager to convert the wells for extraction.
The City Manager was explained that extraction would be accomp-
lished by a vacuum tank truck or trailer using a process to separate
water and petroleum; that rates of extraction and indemnification expo-
sure protection would be established by the City at the time permission
to extract is sought; that the Water Resources Comnittee was informed
that the Admini-stration would bring the matter directly to Council;
and test result analysis will be required to be submitted to the City
from any analysis of material from monitoring wells located on City
property as a part of the permit condition within seven calendar days
of the date that test analysis is performed.
The City Manager recommended that Council authorize Conoco, Inc.
and its consultant, N.U.S. Corporation, to install two water quality
monitoring wells on the site of Fire Station No. 13, 4330 Appleton
Avenue, N. W., in locations mutually acceptable to Conoco, Inc., and
to the City, with the petitioner to enter into a permit agreement on a
3O3
ACTION:
ACTION=
month to month basis, but at all times revocable at the City's discre-
tion, subject to approval by the City Attorney, providing that Conoco,
Inc., will pay all expenses of removal and restoration of the property
and the City will be provided with a copy of all test results.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29689) AN ORDINANCE authorizing the proper City officials to
execute a revocable license for the installation of two water quality
monitoring wells by Conoco, Inc., on City property located at Fire
Station No. 13, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 324.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ............................ 6.
NAYS: None .......... O.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-GRANTS-ROANOKE SYMPHONY ORCHESTRA-CITIZENS' SERVICES COM-
MITTEE: The City Manager submitted a written report advising that the
City of Roanoke was notified of a Local Government Challenge Grant
which was available through the Virginia Comntssion for the Arts; that
Local Government Challenge Grant funds are available on a 50-50
matching basis, with 50% state and 50% local; and application for the
grant was made at the request of the Roanoke Valley Arts Council and
the Roanoke Symphony Society.
It was further advised that notification by the Co~,ission for the
Arts has been received that a grant in the amount of $5,000.00 is
available; that the grant will supplement funds already appropriated
from the City to the two organizations through the Citizens' Services
Committee; that local funds will meet the 50-50 match; and grant funds,
in the amount of $5,000.00 are to be divided evenly between the Roanoke
Valley Arts Council and the Roanoke Symphony Society.
The City Manager recon~nended that Council accept the $5,000.00
Local Challenge Grant from the Virginia Con~nission for the Arts;
authorize funds to be appropriated to an account to be established by
the Director of Finance; and authorize the City Manager, or his
designee, to execute the Local Government Challenge Grant on behalf of
the City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29690) AN ORDINANCE to amend and reordain certain sections of
the 198B-Sg Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 315.)
Mr. Musser moved the adoption of Ordinance No. 29690. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ............... 6.
NAYS: None .................... O.
(Vice-Mayor Fitzpatrick was absent.)
Mr. Musser offered the following Resolution:
304
ACTION:
ACTION:
(#29691) A RESOLUTION accepting a Local Govenment Challenge Grant
from the Virginia Con~nission of the Arts.
(For full text of Resolution, see Resolution Book No. 51, page 315.)
Mr. Musser moved the adoption of Resolution No. 29691. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Tayl or .............. 6.
NAYS: None ........... O.
(Vice-Mayor Fitzpatrick was absent.)
GRANTS-HOUSING: The City Manager submitted a written report
advising that Council appropriated Community Development Block Grant
(CDBG) funds on June 26, 1989, pursuant to Ordinance No. 29637; that
CDBG funds for fiscal year 1989-90, totalled $2,261,443.00, including
$1,547,000.00 new entitlement and $714,443.00 program income; and the
Roanoke Redevelopment and Housing Authority (RRHA), historically, has
administered certain portions of the CDBG programs for the City,
including housing rehabilitation and economic development activities.
It was further advised that funds budgeted for Roanoke Redevelop-
ment and Housing Authority services in fiscal year 1989-90 total
$416,660.00 for administration and support of five economic development
programs, seven housing programs and one neighborhood redevelopment
project; that project funds to be administered by the ltousing Authority
and covered by the contract, total $1,412,586,00 in CDBG funds; that
the total value of the contract - administration, plus project funds is
$1,829,246.00; that total value of projects to be administered by the
Housing Authority through the contract exceeds $3.5 million including
CDBG funds, other HUD funds, state funds and leveraged private funds;
and an Administrative Agreement between the City of Roanoke and the
Roanoke Redevelopment and Housing Authority is necessary before the
Authority can perform and receive payment for administrative activities
regarding CDBG funded or assisted programs.
The City Manager recommended that he be authorized to execute an
agreement with the City of Roanoke Redevelopment and Housing Authority
for the administration and implementation of various conmmnity develop-
merit activities.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#29692) AN ORDINANCE authorizing the execution of a written
agreement with the City of Roanoke Redevelopment and Housing Authority
relating to the performance of certain Community Development Block
Grant program activities to be undertaken by the City during Program
Year 1989-90; and providing for an emergency.
(For full text of Ordinance, seu Ordinance Book No. 51, page 316.)
Mr. Bowers moved the adoption of Ordinance No. 29692. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ......... -6.
NAYS: None ...........
(Vice-Mayor Fitzpatrick was absent.)
Oe
HOUSING-GRANTS-TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY:
The City Manager submitted a written report advising that the Emergency
Home Repair Program provides grant funds of up to $2,000.00 per housing
unit for emergency repairs to rental housing units occupied by low-
income families/individuals, which housing is in danger of condem-
nation; and in order to receive such a grant, a property owner must:
305
Certify that he cannot afford to make the repairs
necessary to avoid condemnation without increasing
the tenant's rent;
Agree not to raise the tenant's rent for one year
after repairs are made; and
Pledge a dollar for dollar match of grant funds for
repairs.
It was further advised that Council allocated $28,375.00 in
Coneunity Development Block Grant funds to Account No. 035-088-8820-
5168 for the program, pursuant to Ordinance No. 29637, adopted on
June 26, 1989; that an additional $5,503.00 in CDBG funds carried over
from fiscal year 1987 is available in Account No. 035-087-8720-5168 for
program use; that execution of a general contract with Total Action
Against Poverty (TAP) is necessary in order to continue the program
according to the terms of the agreement; and pursuant to terms of the
agreement, TAP will provide the following:
Assess tenant's income eligibility for the program.
Perform the repair work necessary to avoid condem-
nation of the unit.
Perform weathertzatton repairs to the unit where
appropriate.
In exchange, TAP will receive a $200.00 administra-
tive fee for each repair grant.
It was explained that each repair grant requires execution of a
separate three-party contract among the City as provider of the grant
funds, TAP as repair contractor, and the property owner authorizing the
repairs agreeing not to increase the tenant's rent, and providing
matching funds; and in most cases, properties identified for the
Emergency Home Repair Program will have conditions requiring inmediate
repairs.
The City Manager recommended that he be authorized to execute an
agreement with TAP for cooperative administration of the Emergency Nome
Repair Program, subject to approval by the City Attorney; and authorize
the City Manager, or his designee, to execute individual contracts for
grants under the Emergency Home Repair Program as dete~emined appro-
priate, each contract to be subject to approval by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29693)' AN ORDINANCE authorizing the City Manager or his
designee to execute an agreement with Total Action Against Poverty in
the Roanoke Valley, Inc., for the cooperative administration of the
Emergency Home Repair Program, and execute'certain contracts between
the City of Roanoke, Total Action Against Poverty in the Roanoke
Valley, Inc., and individual property owners, for the purpose of
obtaining grants in an' amount not to exceed $2,000.00 under the
Emergency Nome Repair Program; upon certain terms and conditions; and
providing for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 316.)
Mrs. Bowles moved the adoption of Ordinance No. 29693. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Men~ers Musser, TroUt, Bowers, Bowles, Garland and
Mayor Taylor--- 6.
NAYS: None ....
(Vice-Mayor Fitzpatrick was absent.)
Oe
306 '.
BUDGET-CIVIC CENTER-FIRE DEPARTMENT: The City Manager submitted a
written report advising that the Civic Center is anticipating a remo-
deling program in the near future; that a new elevator for the han-
dicapped and other related uses is being constructed; that the City
Code requires that the fire alarm system be remodeled and brought into
compliance with present day code requirements; and the existing fire
alarm system and control panel were manufactured and installed by
Honeywell, Inc., and is Underwritten Laboratories (U.L.)approved, with
one control panel serving all three buildings at the Civic Center
compl ex.
It was further advised that the Department of Signals and Alarms,
in conjunction with the Office of City Engineer, compiled a list and an
estimated cost of required changes to the Auditorium Fire Alarm System
in order to bring the system into compliance with the current Code
requirements; that meetings were held with the Building Commissioner
and the Fire Marshal to receive their input and concurrence; that the
City desires to maintain a U.L. approved system to enhance public
safety and performance; that the Risk Management Officer contacted the
Insurance Service Office in Richmond for a ruling on fire alarm systems
in general, which is the central rating bureau for most insurance
carriers that establish manual rates used by the carriers; that the
Insurance Service Office advised that basic manual building insurance
rates are subject to a 0-25% discount for fire alarm systems; that only
those total systems by one manufacturer which are Underwriter
Laboratories (U.L.) approved are eligible for credits; that each manu-
facturer pays to have their system tested and rated by U.L.; and U.L.
approval will not be issued with major components of a fire alarm
system being manufactured by more than one company.
It was explained that the current estimating manual (Means '89
Estimator) was used to estimate the cost of the remodeling and addition
project at $28,000.00; that a quotation for the project was submitted
by Honeywell, Inc., in the amount of $29,541.00, which is within limits
of the estimated cost; that the bid is a single source bid due to the
fact that Honeywell is the only supplier that can add to the City's
existing system and still provide the City with a U.L. listing to be
eligible for fire insurance rate reduction; that the requirement also
affects the other two buildings and their alarm system, and is related
to safety and performance of the system; that the existing system
supplier is the only source practicably available for a U.L. listed
system; and Section 23.1-6 (a), of the Code of the City of Roanoke
(1979), as amended, provides the following:
Contracts may be entered without competition for
goods, professional services, services or construc-
tion in the following cases: "Where there is only
one source practicably available for needed goods,
professional services, services or construction."
The City Manager recommended that he be authorized to enter into a
contract with Honeywell, Inc., in the amount of $29,541.00 and 45 con-
secutive calendar days once all controls and equipment have been
received from the manufacturer; that Honeywell, Inc., furnish the City
of Rommke with a written statement of compliance with requirements of
Underwriter Laboratories for an approved fire alarm system; and
appropriate $29,541.00 to an account to be established by the Director
of Finance from the Civic Center Prior Years Retained Earnings.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29694) AN ORDINANCE to amend and reordain certain sections of
the 1989-90 Civic Center Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 317.)
ACTION: Mr. Garland moved the adoption of Ordinance No. 29694. The motion
was seconded by Mr. Trout and adopted by the following vote:
307
,!
ACTION:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ...... 6.
NAYS: None- O.
(Vice-Mayor Fitzpatrick was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29695) AN ORDINANCE accepting the bid of Honeywell, Inc., for
the remodeling of the fire alarm system at the Roanoke Civic Center
Auditorium to meet fire code requirements, upon certain terms and con-
ditions, and awarding a contract therefor as a sole source procurement;
authorizing the proper City officials to execute the requisite contract
for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 318.)
Mr. Garland moved the adoption of Ordinance No. 29695. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ..... 6.
NAYS: None ...... O.
(Vice-Mayor Fitzpatrick was absent.)
STADIUM-PARKS AND PLAYGROUNDS-SPORTS COMPLEX: The City Manager
submitted a written report advising that the City of Roanoke's Sports
Complex opened in 1989, has been constructed in phases, beginning in
1983, contingent upon funding, with completion anticipated in 1992;
that the facility was developed as the "Crown Jewel" of the City's
parks system, and was included in the Parks Improvement Plan approved
by Council in 1981; and with proper marketing, the facility will have a
very positive'impact on the image of the City, as well as its economic
development.
It was further advised that a July 1988 report to Council from the
Citizens' Advisory Committee on Parks (CAC) recommended that the faci-
lity be named "Roanoke River Sports Complex"; that the report was
referred to the City Planning Commission; that after lengthy review,
discussion and consideration, the Planning Commission concurred with
the name proposal of the Citizens' Advisory Con~nittee on Parks, and on
November 14, 1988, reconmmnded that Council approve the name "Roanoke
River Sports Complex"; and at the same meeting, a local group of citi-
zens proposed that the facility be named after local resident, Mr.
Bob McLelland, a longtimeyouth coach and sportswriter.
It was explained that naming of the facility has proven to be
challenging, inasmuch as many suggestions have been offered, but few
seemed to have the uniqueness and "marketability" that the facility
needs and deserves; that Council referred the matter to the City
Manager for reconmmndation; that professional marketing expertise was
obtained and a marketing proposal and list of suggested names was deve-
loped; that the name "Rivers Edge Sports Complex" was selected as most
appropriate and would lend itself to the development of a high quality
logo; and the name and logo would favorably impact efforts to enhance
the image of the complex and promote the economy of the City.
It was further explained that officially, the facility is still
unnamed, though most persons refer to it as "South Roanoke Sports
Complex"; that the concept of naming the football field within Victory
Stadium "McLelland Field" was discussed with some of the members of the
group proposing that the sports complex be named after Mr. McLelland,
and their reaction was favorable; that a criteria is being developed in
regard to consideration of future proposals to name other recreational
facilities in honor of area citizens; and approval of criteria will be
sought from the City Planning Con~ntsston.
The City Manager recon~nded that Council adopt "Rivers Edge
Sports Complex" as the official name of the facility, and "McLelland
Field" as the name of the football field within Victory Stadium.
(For full text, see report on file in the City Clerk's Office.)
308
ACTION:
ACTION:
Mr. Garland offered the following Resolution:
(#29696) A RESOLUTION designating the official name of certain
City recreational facilities composed of Victory Stadium, the National
Guard Armory, Maher Field, Wiley Drive, and South Roanoke Park as the
"Rivers Edge Sports Complex," and naming the football field within
Victory Stadium "McLelland Field."
Mr. Garland moved the adoption of Resolution No. 29696.
· ~tion was seconded by Mr. Musser.
The
Mrs. Bowles expressed concern about using the words, "Rivers
Edge", advising that the Roanoke Valley has only one river, and an
apostrophe should be inserted to ensure that the word is grammatically
correct.
Mr. Gary N. Fenton, Manager, Department of Parks and Recreation,
advised that the marketing company that designed the logo felt that the
apostrophe (River's Edge) looked awkward. He stated that the words
"Roanoke, Virginia" should also be inserted in the logo, and pointed
out that the logo could be modified accordingly.
Following discussion of the matter, it was the consensus of
Council that the name of the facility should read, "River's Edge Sports
Complex"; whereupon, Mrs. Bowles moved that Resolution No. 29696 be
amended accordingly. The motion was seconded by Mr. Trout and adopted.
Resolution No. 29696, as amended, was adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ......... 6.
NAYS: None ........ O.
(Vice-Mayor Fitzpatrick was absent.)
Mr. Harry W. Whiteside, 2781 Westhampton Avenue, S. W., appeared
before Council and spoke in support of naming the football field within
Victory Stadium in honor of Mr. Bob McLelland.
BUDGET-DIRECTOR OF FINANCE: The City Manager and the Director of
Finance submitted a joint written report advising that the 1986 Fee
Compendium was approved by Council, pursuant to Resolution No. 28075,
with an effective date of May 1, 1986, on April 7, 1986; that most
fees, rates, assessments, and charges of the City were re-evaluated to
insure that all such charges are cost-based, equitable, up-to-date, and
easily accessible to the public; that internal service rates are calcu-
lated annually for each fiscal year after the adoption of annual
operating budgets; and the rates are charged by Internal Service Fund
departments to the departments of the city for services rendered.
It was further advised that Civic Center Fund rental rates and
user fees are reviewed and approved by the Civic Center Commission;
that Civic Center administrative staff has expressed a need to re-
evaldate rental rate structures to insure market competitiveness and
cost recovery; that water and wastewater fees were modified in May,
1983 and September, 1985, respectively, and fees and service charges
need to be re-evaluated; and fee structures should be examined at a
minimum of every three years.
It was explained that a Comprehensive User Fee Study Request For
Proposals (RFP) was developed and publicly advertised for proposals on
June 9, 1989; that David M. Grtffith and Associates, LTD., was the sole
respondent to the request for proposals and complied with all required
specifications and time schedules; that interview and negotiations were
conducted with David M. Griffith and Associates, LTD., on July 6, 1989;
and the scope of work to be performed is to re-evaluate all existing
fees and identify potential new fees for the following funds:
General
Water
Sewage Treatment
Civic Center
Internal Service
309
ACTION:
ACTION:
The City Manager and the Director of Finance recommended that
Council award a contract to David M. Griffith and Associates, LTD., in
the total amount of $58,750.00, including out-of-pocket expenses, sub-
ject to approval by the City Attorney; and appropriate $58,750.00 to
detailed accounts from the following listed sources of funds:
Fund Account No. Amount
Source of Funds
General 001-004-1231-2171
Water 002-056-2160-2019
Sewage Treatment 003-056-3150-2010
Civic Center 005-050-2105-2010
Internal Service 006-004-9111-2171
$29,750.0D
6,100.00
6,100.00
9,900. O0
6,900.00
C.M.E.R.P. (1988)
Retained Earnings
Retained Earnings
Retained Earnings
Retained Earnings
(For full text, see report on file in the City Clerk's Office.)
l.lr. Trout offered the following emergency budget Ordinance:
(#29697) AN ORDINANCE to amend and reordain certain sections of
the 1989-90 General, Water, Sewage, Civic Center, and Internal Service
Funds Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 319.)
Mr. Trout moved the adoption of Ordinance No. 29697. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor-- 6.
NAYS: None--.
.0.
(Vice-Mayor Fitzpatrick was absent.)
Mr. Trout offered the following emergency Ordinance:
(#29698) AN ORDINANCE authorizing execution of a contract with
David M. Griffith and Associates, LTD., upon certain terms and con-
ditions, to perform a Comprehensive User Fee Study; and providing for
an emergency,.
(For full text of Ordinance, see Ordinance Book No. 51, page 321.)
Mr. Trout moved the adoption of Ordinance No. 29698. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ........ 6.
NAYS: None ..... O.
(Vice-Mayor Fitzpatrick was absent.)
CITY ATTORNEY:
SCHOOLS: The City Attorney submitted a written report advising
that at a recent meeting of Council, the City Attorney's Office was
requested to draft an amendment to certain Code sections which set
forth the procedure for election of School Board members; and the sec-
tions are found in §§g-16, et seq., of the Code of the City of Roanoke
(1979), as amended.
It was further advised that according to the current procedure,
after an initial screening by Council, Council holds a public interview
of the school board candidates; that each interview is conducted
separately and out of the presence and hearing of the other candidates;
and the City Code presently requires that the candidates be interviewed
in alphabetical order based on the first letter of the last name of the
candidates.
31'0
ACTION:
ACTION:
The City Attorney transmitted a measure which would amend the City
Code to allow more flexibility in the procedure, advising that if
adopted by Council, the ordinance would permtt Council to designate
that the order be determined by lot or by any other means which the
Council determines to be appropriate.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29699) AN ORDINANCE amending and reordaining §9-21(b), Public
interview of candidates, of the Code of the City of Roanoke
amended, to provide that the interview of school board candidates take
place in an order deemed appropriate by City Council
(For full text of Ordinance, see Ordinance Book No. 51, page 324.)
The motion was seconded by Mr. Garland.
Mr. Musser advised that if the public interviews are continued to
be held in alphabetic order, the applicants would know at least a month
in advance as to the order to be followed, as opposed to finding out on
the evening of the interviews.
Mr. Bowers expressed concern that if Council was of a mind to
change the order of interviews, it was conceivable that even more time
would be spent in efforts to determine the procedure to be followed.
Following discussion of the matter, Ordinance No. 29699 was
adopted on its first reading by the following vote:
AYES: Council Members Trout, Bowles, Garland and Mayor Taylor--4.
NAYS: Council Members Musser and Bowers 2.
(Vice-Mayor Fitzpatrick was absent.)
Following further discussion, Mr. Garland moved that the order of
interviews be determined by drawing numbers on the evening of the
public interviews, which number would not exceed nine at any given time
(i.e. the individual drawing the number one would be the first person
to be interviewed, etc.). The motion was seconded by Mr. Trout and
adopted, Council Members Musser and Bowers voting no.
REPORTS OF COi~qITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council Member Robert A. Garland,
Chairman of a con~nittee appointed by the Mayor to tabulate bids
received for construction of Williamson Road Storm Drain and Sanitary
Sewer, Phase 2, Contract IE, Lower Segment, presented a written report
on behalf of the con~nittee, recommending that Council authorize the
following:
Award a unit price contract to Aaron J. Conner,
General Contractor, Inc., in the amount of
$1,757,504.50, subject to approval by the City
Attorney.
Establish a ten per cent contingency fund for the
project, in the amount of $175,750.45.
Transfer or appropriate the following funds to a
new project account entitled "Williamson Road Storm
Drain, Phase 2, Contract IE, Lower Segment" to be
designated by the Director of Finance:
Appropriate from Sewer Fund Retained
Earnings, the amount of $190,607.45.
Transfer from the 1988 Series Public
Improvement Bonds, Storm Drain Category,
Account No. 008-052-9603-9176, in the
amount of $1,742,647.50.
311
tm
ACTION:
ACTION:
ACTZON:
The combined appropriated and transferred
funds shall include $1,757,§04.50 contract
amount and $175,750.45 contingency amount.
Reject all other bids received.
The City Manager submitted a written report concurring in the
recommendations of the con~ittee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29700) AN ORDINANCE to amend and reordain certain sections of
the 1989-90 Sewage and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 321.)
Mr. Garland moved the adoption of Ordinance No. 29700. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ..... 6.
NAYS: None-- O.
(Vice-Mayor Fitzpatrick was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29701) AN ORDINANCE accepting the bid of Aaron J. Conner,
General Contractor, Inc., for construction of Williamson Road Storm
Drain and Sanitary Sewer, Phase 2, Contract IE, Lower Segment, upon
certain terms and conditions, and awarding a contract therefore;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 322.)
Mr. Garland moved the adoption of Ordinance No. 29701. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor .............. 6.
NAYS: None .... O.
(Vice-Mayor Fitzpatrick was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 29655 rezoning a tract of land located on
Mountain View Terrace, S. W., containing 1.52 acre, more or less, iden-
tified as Official Tax No. 1421501, from RM-1, Residential Multi-
Family, Low Density District, and LM, Light Manufacturing District, to
RM-2, Residential Multi-Family, Medium Density District, having pre-
viously been before the Council for its first reading on Monday,
July 10, 1989, read and adopted on its first reading and laid over, was
again before the body, Mr. Bowers offering the following for its second
reading and final adoption:
(#29655) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 142, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. Sl, page 301.)
Mr. Bowers moved the adoption of Ordinance No. 29655. The motion
was seconded by Mr. Trout and adopted by the following vote:
312
ACTION:
ACTION:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor .......
6.
NAYS: None ........
O,
(Vice-Mayor Fitzpatrick was absent.)
ZONING: Ordinance No. 29656 rezoning the eastern portion of a
1.04 acre tract of land lying near the northwest intersection of
Melrose Avenue and Country Club Drive, N. W., being the northern por-
tion of the lot formerly designated as Official Tax No. 2660502, from
RS-3, Residential Single-Family District, to C-1, Office District,
having previously been before the Council for its first reading on
Monday, July 10, 1989, read and adopted on its first reading and laid
over, was again before the body, Mr. Trout offering the following for
its second reading and final adoption:
(#29656) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 302.)
Mr. Trout moved the adoption of Ordinance No. 29656. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor .......
NAYS: None .......
O.
(Vice-Mayor Fitzpatrick was absent.)
ZONING: Ordinance No. 29657 rezoning a tract of land containing
one-fourth acre, more or less, located at 1502 - 1504 Melrose Avenue,
N. W., identified as Official Tax No. 2222408, from RM-2, Residential
Multi-Family, Medium Density District, to CN, Neighborhood Con~nercial
District, having previously been before the Council for its first
reading on Monday, July 10, 1989, read and adopted on its first reading
and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
(#29657) AN ORDINANCE to amend §36.1-3, Code of the Cit of
Roanoke (1979), as amended, and Sheet No. 222, Sectional 1976 Zone~ap,
City of Roanoke, to rezone certain property within the City subject to
certain conditions proffered by the applicant. '
(For full text of Ordinance, see Ordinance Book No. 51, page 303.)
Mr. Trout moved the adoption of Ordinance No. 29657. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor .......
6.
NAYS: None ........
=0.
(Vice-Mayor Fitzpatrick was absent.)
ZONING: Ordinance No. 29658 rezoning a tract of land lying on the
southeast side of Peters Creek Road, N. W., containing an aggregate of
5.682 acres, being a portion of Official Tax No. 6421205, and all of
Official Tax Nos. 6421203 and 6421204, from RS-3, Residential Single
Family, Medium Density District, to C-2, General Con~nercial District,
having previously been before the Council for its first reading on
Monday, July 10, 1989, read and adopted on its first reading and laid
over, was again before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
(#29658) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 304.)
ACTION:
ACTION:
ACTION:
31'3
Mrs. Bowles moved the adoption of Ordinance No. 29658. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor .......... 6.
NAYS: None ................. O.
(Vice-Mayor Fitzpatrick was absent.)
STREETS AND ALLEYS: Ordinance No. 29659 authorizing the temporary
closure, by barricade, of Carlisle Avenue, at its intersection with
16th Street, S. E., to close said street to through traffic, having
previously been before the Council for its first reading on Monday,
July 10, 1989, read and adopted on its first reading and laid over, was
again before the body, Mr. Garland offering the following for its
second reading and final adoption:
(#29659) AN ORDINANCE authorizing the temporary closure by barri-
cade of Carlisle Avenue, S. E., at its intersection with 16th Street,
S. E., to close it to through traffic.
(For full text of Ordinance, see Ordinance Book No. 51, page 305.)
Mr. Garland moved the adoption of Ordinance No. 29659. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ....... 6.
NAYS: None ..................
(Vice-Mayor Fitzpatrick was absent.)
ZONING: Ordinance No. 29660 rezoning property located in the
northeast quadrant of the City, containing a combined total of 142
acres, more or less, and designated as Official Tax Nos. 7170506 and
7170508, currently zoned RS-3, Residential Single Family District, and
Official Tax Nos. 7220101, 7220103, 7230101, 7230201, and 7230301,
currently zoned RA, Residential Agricultural District, to LM, Light
Manufacturing District, having previously been before the Council for
its first reading on Monday, July 10, 1989, read and adopted on its
first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#29660) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended and Sheet Nos. 717, 722 and 723, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the
City, subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 306.)
Mrs. Bowles moved the adoption of Ordinance No. 29660. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Counril Members Trout, Bowles, Garland and Mayor Taylor--4.
NAYS: Council Members Musser and Bowers 2.
(Vice-Mayor Fitzpatrick was absent.)
A communication from Ms. Martha B. Boxley, President, Roanoke
Valley Preservation Foundation, advising that the Douthat property lies
in an area that may be regarded as having the most significant collec-
tion of historic, natural and cultural resources surviving today in the
City of Roanoke, was before Council.
Ms, Boxley further advised that not only is the landscape extre-
mely important historically, it is also very beautiful; that preser-
vation of the integrity of this landscape is of great importance to the
Roanoke Valley; and presented a brief overview of the resources found
on the area in question.
314
ACTION:
ACTION:
In closing, Ms. Boxley pointed out that the many resources in the
Douthat property vicinity are well connected, both physically and
historically; that these properties are significant is indisputable;
that they remain as the City of Roanoke's most direct surviving link to
the 18th and 19th centuries because of their integrity and unspoiled
nature; and the Preservation Foundation trusts that the City of
Roanoke, in its sensitivity to preservation, will care for these
resources as the industrial park expands and will include the preser-
vation con~unity in design issues that are certain to have a lasting
effect on the resources.
(For full text, see communication on file in the City Clerk's Office.)
BUSES-CITY PROPERTY: Ordinance No. 29664 authorizing the proper
City officials to enter into a lease agreement between the City and the
Greater Roanoke Transit Company for use of City-owned property located
at 12th Street and Campbell Avenue, S. E., for the Company's opera-
tions, maintenance and administrative facilities, at a monthly rental
rate of $100.00, upon certain terms and conditions, having previously
been before the Council for its first reading on Monday, July 10, 1989,
read and adopted on its first reading and laid over, was again before
the body, Mr. Garland offering the following for its second reading and
final adoption:
(#29664) AN ORDINANCE authorizing the proper City officials to
enter into a lease agreement between the City and the Greater Roanoke
Transit Company for use of City-owned property at 12th Street and
Campbell Avenue, S. E., for the Company's operations, maintenance and
administrative facilities, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 307.)
Mr. Garland moved the adoption of Ordinance No. 29664. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ....... ~ ....... .6.
NAYS: None ......... -0.
(Vice-Mayor Fitzpatrick was absent.)
AIRPORT-CITY PROPERTY: Ordinance No. 29680 authorizing the proper
City officials to enter into a lease agreement between the City and The
Hertz Corporation for use of City-owned property located at 1302
Municipal Road, N. W., for said corporation's maintenance, servicing
and storage facilities, in the amount of $17,000.00 annually, upon cer-
tain terms and conditions, having previously been before the Council
for its first reading on Monday, July 10, 1989, read and adopted on its
first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#29680) AN ORDINANCE authorizing the proper City officials to
enter into a lease agreement between the City and The Hertz Corporation
for use of City-owned property at 1302 Municipal Road, N. W., for said
corporation's maintenance, servicing and storage facilities, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 307.)
Mrs. Bowles moved the adoption of Ordinance No. 29680. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ........ -6.
NAYS: None ....... O.
(Vice-Mayor Fitzpatrick was absent.)
315
m
ACTION:
ACTION:
ACTION:
WATER DEPARTMENT-SPECIAL PERMITS: Ordinance No. 29681 authorizing
the appropriate City officials to enter into a lease agreement with
Randall D. Hollandsworth and Reva S. Hager for a 40' x 80' portion of
the Muse Spring property to allow certain existing garage and shed
structures to remain until said structures are removed by the lessees
or the City terminates said lease and directs their removal, upon cer-
tain terms and conditions, having previously been before the Council
for its first reading on Monday, July 10, 1989, read and adopted on its
first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#29681) AN ORDINANCE authorizing the appropriate City officials
to enter into a lease agreement for a portion of the Muse Spring pro-
perty to allow existing garage and shed structures to remain, upon cer-
tain terms and conditions.
.(For full text of Ordinance, see Ordinance Book No. 51, page 308.)
Mrs. Bowles moved the adoption of Ordinance No. 29681. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ............. 6.
NAYS: None .............. O.
(Vice-Mayor Fitzpatrick was absent.)
VIRGINIA TECH: Mr. Bowers offered the following resolution
requesting continuation of the operation by the State Police of a heli-
copter base at Virginia Tech Airport in Blacksburg, Virginia, in order
to serve the needs of the New River Valley and other areas in Southwest
Virginia:
(#29702) A RESOLUTION requesting continuation of the operation by
the State Police of a helicopter base at Virginia Tech Airport in
Blacksburg, Virginia, in order to serve the needs of the New River
Valley and other areas in Southwest Virginia.
(For full text of Resolution, see llesolution Book No. 51, page 323.)
Mr. Bowers m~ved the adoption of Resolution No. 29702. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor .......... 6.
NAYS: None ................ O.
(Vice-Mayor Fitzpatrick was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
PENSIONS-CITY EMPLOYEES: Mr. Trout offered the following
emergency ordinance repealing Ordinance No. 29653, adopted on Monday,
June 26, 1989, relating to inclusion of "prior government service" in
the definition of "creditable service" for members of the City of
Roanoke Pension Plan:
(#29703) AN ORDINANCE repealing Ordinance No. 29653, adopted
June 26, 1989, relating to inclusion of "prior government service" in
the definition of "creditable service" for members.of the City of
Roanoke Pension Plan; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 323.)
Mr. Trout moved the adoption of Ordinance No. 29703. The motion
was seconded byMr. Garland and adopted by the following vote:
316
ACTION:
ACTION:
ACTION:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ....... -6.
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent.)
-0.
OTHER HEARINGS OF CITIZENS: NONE.
At 4:20 p.m., the Mayor declared the meeting in recess.
At 5:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Vice-Mayor Fitzpatrick.
Mr. Garland moved with respect to the Executive Session just
concluded, that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act and (2) only such public business matters as were iden-
tified in any motion by which any Executive Session was convened were
heard, discussed or considered by City Council. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ........ --6.
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent,)
-0.
WATER DEPARTMENT: The Mayor advised that the one year term of Mr.
David H. Burrows as a member of the Crystal Spring Pumping Station
expired on June 30, 1989, and called for nominations to fill the
vacancy.
Mrs. Bowles placed in nomination the name of Mr. David H. Burrows.
There being no further nominations, Mr. David H. Burrows was
reelected as a member of the Crystal Spring Pumping Station for a term
ending June 30, 1990, by the following vote:
FOR MR. BURROWS: Council Members Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... 6.
(Vice-Mayor Fitzpatrick was absent.)
SCHOOLS: The Mayor advised that the one year term of Ms. Vaunda
Leftwich as a member of the Jefferson High School Committee expired on
June 30, 1989, and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Ms. Vaunda Leftwich.
There being no further nominations, Ms. Vaunda Leftwich was
reelected as a member of the Jefferson High School Committee for a term
ending June 30, 1990, by the following vote:
FOR MS. LEFTWICH: Council Members Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... 6.
(Vice-Mayor Fitzpatrick was absent.)
CELEBRATIONS: The Mayor advised that the one year term of Ms.
Dana B. Lee as a member of the Special Events Committee expired on
June 30, 1989, and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Ms. Dana B. Lee.
There being no further nominations, Ms. Dana B. Lee was reelected
as a member of the Special Events Committee for a term ending June 30
lggO, by the following vote: '
31'7
ACTIOn:
ATTEST:
FOR MS. LEE: Council Members Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .... - ....... 6.
(Vice-Mayor Fitzpatrick was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 5:40 p.m.
APPROVED
City Clerk
Mayor
318
SPECIAL MEETING ..... ROANOKE CITY COUNCIL
August 14, 1989
4:30 p.m.
The Council of the City of Roanoke met in special meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, August 14, 1989, at 4:30 p.m., with Mayor
Noel C. Taylor presiding, pursuant to Section 10, Meetings of Council, of the
Roanoke City Charter.
PRESENT: Council Members Elizabeth T. Bowles (arrived at 4:45 p.m.),
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor .................................. 6.
ABSENT: Council Member David A. Bowers
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor read the following communication calling the special
meeting of Council:
"August 14, 1989
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Purusant to Section 10, Meetings of Council, of the Charter of the
City of Roanoke, I am calling a special meeting of the Roanoke
City Council on Monday, August 14, 1989, at 4:30 p.m., in the City
Council Chamber, fourth floor of the Municipal Building.
The purpose of the special meeting will be to convene in Executive
Session to discuss the following matters:
A request of the City Manager to discuss and
consider a matter relating to the use of real
property for public purpose and the disposi-
tion of publicly held property, specifically
the use and disposition of such properties in
connection with potential downtown develop-
ment, pursuant to Section 2.1-344 (A) (3),
Code of Virginia (1950), as amended.
A request of the City Manager to discuss a
matter relating to acquisition of real pro-
perties for public purposes and disposition of
publicly held property, specifically the
acquisition and disposition of such properties
for use in connection with Industrial
Development Projects, pursuant to Section
2.1-344 (A) (3), Code of Virginia (1950), as
amended.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor"
!m
319
ACTION: COUNCIL-SALE/PURCHASE OF PROPERTY-INDUSTRIES: Mr. Trout moved
that Council convene in Executive Session to discuss a matter regarding
the use of real property for public purpose and the disposition of
publicly held property, specifically the use and disposition of such
, 9ro~erty in connection with potential downtown development, pursuant to
: Section 2.1-34,4 (A) (3), Code of Virginia, 1950, as amended. The
! (' ; motion ,w~s, seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout and
Mayor Tayl or ...... 5.
NAYS: None-- O.
(Council Member Bowers was absent.)
arrived at the meeting.)
(Council Member Bowles had not
At this point, 4:45 p.m., Council Member Bowles entered the
meeting.
ACTION:
Mr. Trout moved that Council convene in Executive Session to
discuss a matter relating to the acquisition of real property for
public purposes and disposition of publicly held property, specifically
the acquisition and disposition of such properties for use in connec-
tion with industrial development projects, pursuant to Section 2.1-344
(A) {3), Code of Virginia, 1950, as amended. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor .................... 6.
NAYS: None-- O.
(Council Member Bowers was absent.)
At 4:50 p.m., the Mayor declared the special meeting in recess.
At 6:30 p.m., the Council met informally in the Civil Defense
Room, Room 159, Municipal Building, for dinner.
At 7:05 p.m., the Executive Session reconvened in the Council's
Conference Room, with all Members of the Council in attendance, with
the exception of Council Member Bowers.
At 7:30 p.m., the special meeting reconvened in the Council
Chamber, with all Members of the Council in attendance, with the excep-
tion of Council Member Bowers and Mayor Taylor, with Vice-Mayor
Fitzpatrick presiding.
(Mayor Taylor left the meeting during the Executive Session at
7:10 p.m.)
ACTION:
Mr. Musser moved with respect to the Executive Session just
concluded, that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act and (2) only such public business matters as were iden-
tified in any motion by which any Executive Session was convened were
heard, discussed or considered by City Council. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout and Vice-
Mayor Fitzpatrick ........... 5.
NAYS: None .................
(Council Member Bowers and Mayor Taylor were absent.)
32_0
There being no further business, the Vice-Mayor declared the spe-
cial meeting adjourned at 7:35 p.m.
City Clerk
APPROVED
Vi ce-Mayor
321
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
August 14, 1989
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, August 14, 1989, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, RegulaK
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~as amended.
PRESENT: Council Members James O. Trout, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser and Mayor
Noel C. Taylor- 6.
ABSENT: Council Member David A. Bowers- 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
STATE OF THE CITY ADDRESS: The Mayor presented his 1989 State of
the City Address containing the following recomn~ndations:
"1. I recommend that we consider allowing each
City employee to receive his or her birthday
as a holiday, where the calendar and work
experience will permit. If it is impossible
to be off on the employee's birthday, then the
closest agreeable date should be observed.
This matter should go to the City Manager so
that he may arrange for its smooth
implementation.
2. I recommend that the City of Roanoke will
present, on an annual basis, a special award
to the City Employee of the Year, and that the
Employee of the Year will be determined by the
City Manager and the appropriate committee
working with him to deal with such things as
receiving nominations, determining the
qualifications of the Employee of the Year,
including length of service, quality of work,
and ability to work with others, etc.
3. I recommend that the Star City will become the
safest place to live in Virginia by striving
to have Virginia's highest highway compliance
rate for buckling up. I further recommend
that we accept the challenge of the United
States Conference of Mayors, which passed a
resolution at its 55th Annual Meeting in
Nashville, Tennessee, calling for Mayors to
work toward achieving a national safety belt
usage rate of seventy percent by 1990. The
challenge is a great way to get the whole
community involved in a worthwhile project.
I suggest that the necessary program of
education will be developed and that a
committee will be appointed that would help us
use the resources at our coninand through the
Virginia Automobile Safety Alliance headed by
Ms. Barbara S. Bolton as we strive to meet
the challenge of seventy percent by lg90.
322
Se
I strongly recommend that we continue our
efforts to eradicate the sale, distribution,
and use of illegal drugs in the City of
Roanoke. Illegal drugs represent a serious
threat to the ongoing success and health of
our community and to the safety and well-being
of the families of persons involved in the
sale and use of drugs.
I recommend that we continue to address the
very serious housing needs in Roanoke. Our
staff recognizes the continuing need for
downtown housing, the rehabilitation, and
productive reuse of vacant houses, continuity
of our plans and programs to provide for the
housing needs and job training for the
homeless and the ongoing promotion of interest
in our older neighborhoods which can be a wise
investment.
The donation of The Hotel Roanoke to Virginia
Tech, coupled with the University's intention
of completely rehabilitating the Hotel, moves
us a step ahead in our goal of establishing a
Trade and Convention Center Complex. We know
that a large convention hotel is an absolute
necessity if the Convention Center is to
succeed on a continuing basis. I recommend
that .we continue the work of the Trade and
Convention Center Subcommittees at this time
on the building program, finances, location,
marketing, and operations in order to complete
the development of the Convention Center
Complex and make it available for use at the
earliest possible date. This will enable us
to move Focus '89 from study to reality.
I recommend the building of an interstate
highway linking Roanoke and the Triad
(Grgensboro, Winston-Salem, and High Point) in
North Carolina. Such a road would connect
Interstates 40, 85, and 81 and replace a
somewhat outmoded U. S. 220 South in Virginia
and a two lane road in North Carolina.
Interstates 40 and 85 connect in Greensboro
and it is my~understanding that the State of
North Carolina has increased its tax on
gasoline for the purpose of expanding its
highway construction program. A part of the
expansion will be to four lane 220 between
Greensboro and the Virginia State line. If we
are successful in building an interstate
between Roanoke and the Triad, the road would
be federally funded and the State of North
Carolina could use its funds from the gasoline
tax increase for other highway programs. I
suggest that a ,neeting will be established
between the Mayors and the City Managers of
Greensboro, Winston-Salem, High Point, and
Roanoke to determine the feasibility of
pursuing this new interstate system through
our senators and congressmen.
There is a critical need for industrial parks
in this region of Virginia; however,
industrial parks must have roads, utilities,
and shell buildings. I reconm~nd that, in
addition to the promotion of our own expansion
of the Roanoke Centre for Industry and
Technology, that we express a willingness to
Join hands with the Regional Partnership and
other governments in the area to jointly build
323
industrial sites. The governments would share
in the cost of buying and developing the land
and the tax revenue that results from the
businesses which locate in the park. The
result will be job opportunities for the
entire region.
As we move closer to the establishment of a
Convention Center Complex, I propose that we
consider operating a street car type vehicle
(something new and different) to connect the
Transportation Museum, Henry Street, The Hotel
Roanoke, the Convention Center Complex, Center
In The Square, and the City Market area.
10.
I propose that both sides of the railroad at
the proper points will become linear parks
with flowers, street scenes, benches, and
walkways. To make an analogy, the railroad is
similar in some ways to a river winding its
way through the City. We cannot turn our
backs on the railroad. We should make the
area around the railroad as attractive as
possible.
11.
I recommend that downtown Roanoke will be made
into a place of people-centered activities. I
would like to see more emphasis placed on the
streetscape of downtown. Our downtown
facilities may be used in a greater way to
promote Roanoke as the Festival City of
Virginia, and I urge our City Administration
and the Roanoke Redevelopment and Housing
Authority to work very closely with Downtown
Roanoke, Incorporated, in the promotion of the
same.
12.
As we continue the development of the Trade
and Convention Center Complex, I propose that
we consider converting the old railroad
passenger station into a visitor's center if
that property is made available to the City in
the future.
13.
Roanoke has great potential to be a major hub
for air freight on the east coast. I propose
that we ask the Roanoke Regional Airport
Commission to explore the feasibility of
developing our regional airport as a central
point for freight distributions as they
continue their efforts to gain additional pure
jet passenger service.
14.
I recommend that we ask the City Manager to
establish a program for addressing the
flooding problems of the smaller streams, of
which Peters Creek is an example, in a manner
similar to that used in studying the flooding
problems of the Roanoke River. Timely action
on the part of the City should result in a
report with recommendations that will allow
the Manager to include some initial activity
and funding to deal with the problems of the
smaller tributaries in the next budget. The
time is now for us to address the needs of our
citizens who live along these small streams."
Following presentation of the State of the City Address, the Mayor
relinquished the Chair to the Vice-Mayor at 8:30 p.m.
324
ACTION:
Mr. Garland moved that Recommendation No. 1 be referred to the
City Manager for appropriate implementation; that Recommendation No. 2
be referred to the City Manager to establish details and criteria for
an "Employee of the Year" Program for participation by Roanoke City
Employees; that Recommendation No. 3 be referred to the City of Roanoke
Transportation Safety Commission for study, report and recommendation
to Council; that Recommendation No. 4 be referred to the City Manager
and the City Manager's Drug Strategy Task Force, with the request that
the City continue its efforts to eradicate the sale, distribution and
use of illegal drugs; that Recommendation No. 5 be referred to the City
Manager and the Roanoke Redevelopment and Housing Authority for the
purpose of continuing to address serious housing needs in the City of
Roanoke; that Recommendation No. 6 be referred to the City Manager's
Trade and Convention Center Task Force, with the request that the
Committee will continue the work of its subcommittees on the building
program, finances, location, marketing and operation in order to
complete the development of the Convention Center Complex and make the
facility available for use at the earliest possible date; that
Recommendation No. 7 be referred to the City's representatives to the
General Assembly and certain Federal representatives for any assistance
they may be in a position to render in connection with the construction
of an interstate highway linking Roanoke and the Triad in North
Carolina (Greensboro, Winston-Salem and High Point); that
Recommendation No. 8 be referred to the localities of Roanoke County,
the City of Salem, the Town of Vinton and to the Regional Partnership
of the Roanoke Valley, with the request that it be known that in addi-
tion to the promotion of the City's expansion of the Roanoke Centre for
Industry and Technology, the City is willing to join hands with the
Regional Partnership and other governments in the area to jointly build
industrial sites; that Recommendation No. 9 be referred to the City
Manager and the Trade and Convention Center Committee to consider the
feasibility of operating a street car type vehicle to connect the
Transportation Museum, the Convention Center Complex, Center in the
Square and the City Market area; that Recommendation No. 10 be referred
to the City Manager to establish linear parks with flowers, street sce-
nes, benches and walkways at the proper points on both sides of the
railroad; that Recommendation No. 11 be referred to the City Manager
and the Special Events Committee for the purpose of working with
Downtown Roanoke, Inc., in an effort to make downtown Roanoke a place
for people centered activities, with more emphasis to be placed on the
downtown streetscape; that Recommendation No. 12 be referred to the
City Manager and the Trade and Convention Center Committee to consider
the conversion of the former Railway Passenger Station into a visitor's
center if the property is made available to the City in the future;
that Recommendation No. 13 be referred to the Roanoke Regional Airport
Commission to explore the feasibility of developing the Roanoke
Regional Airport as a central point for freight distributions as the
Commission continues its efforts to gain additional pure jet passenger
service; that Recommendation No. 14 be referred to the City Manager to
establish a program for addressing the flooding problems of the smaller
streams, of which Peters Creek is an example, in a manner similar to
that used in studying the flooding problems of the Roanoke River. The
motion was seconded by Mr. Trout and adopted.
At 8:35 p.m., the Vice-Mayor relinquished the Chair to the Mayor.
BID OPENINGS:
MUNICIPAL BUILDING-FIFTH DISTRICT EMPLOYMENT AND TRAINING
CONSORTIUM: Pursuant to notice of advertisement for bids for roof
replacement at the Third Street Annex, 309 Third Street, S. W., said
bids to be received by the City Clerk until 4:30 p.m., on Monday,
August 14, 1989, and to be held, opened and read before the Council at
7:30 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
ALTERNATE ADD
Valley Roofing Corporation
I. N. McNeil Roofing & Sheet
Metal Company, Inc.
John T. Morgan Roofing & Sheet
Metal Company, Inc.
$36,995.00 $ 8,245.00
47,113.00 10,637.00
52,741.00 13,631.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Robert A. Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the committee.
PUBLIC HEARINGS:
325
m
ACTION:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, August 14, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Ms. Rebecca S.
Wilkerson that two public alleys situated between Jerome Street and
Bennington Street, S. E., be permanently vacated, discontinued and
closed, pursuant to Section 15.1-482(b), Code of Virginia (1950), as
amended, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, July 28,
1989, and Friday, August 4, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request to vacate the two alleys be approved subject to the following
condition, was before Council.
That the ordinance providing for the closure
include the provision that an easement is to be
retained for all utilities, both public and pri-
vate, that are located within the alley rights-of-
way.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29704) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 338.)
The motion was seconded by Mr. Garland.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none, Ordi-
nance No. 29704 was adopted on its first reading by the following vote:
AYES: Council Members Trout, Bowles, Garland, Fitzpatrick, Musser
and Mayor Taylor ...................... 6.
NAYS: None-- O.
(Council Member Bowers was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, August 14, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of the Roanoke
City School Board that a public alley, extending from Fourth Street to
Albemarle Avenue, S. W., be permanently vacated, discontinued and
closed, the matter was before the body.
326
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, July 28,
1989, and Friday, August 4, ~989.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission submitted a written report recom-
mending that Council approve Option No. 2, as described in the appli-
cant's revised application to the Planning Commission, subject to the
following conditions:
That the applicant agree to dedicate and construct
an area sufficient to provide for the extension of
a public alley through the center of the school
parking lot to an intersection with Albemarle
Avenue, S. W.
That the applicant agree to provide to the City
verification that title can be properly established
to the land within the alley section being vacated,
and that such verification be provided at least
seven days prior to any public hearing in which
Council is to consider the application.
That the applicant agree to have prepared and pro-
vided to the City a plat of subdivision, dedicating
an area sufficient to provide the subject alter-
native alley through the elementary school parking
lot and providing thereon for the proper division
and disposition of the vacated alley and the reten-
tion of all public and private utilities located
within the vacated alley (if any).
That the ordinance providing for the closure be
made contingent upon the applicant obtaining a
variance from the requirements as set forth in
Section 36.1-433(b) of the City's Zoning Ordinance
from the Board of Zoning Appeals and the final
acceptance in written form by the City Engineer, of
the properly constructed alternative alley, and
that if said variance is not obtained and/or such
acceptance is not acknowledged by the City Engineer
within 12 months from the date of the Ordinance
providing for closure, then such ordinance shall
become null and void without further action by
Council being necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29705) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 339.)
The motion was seconded by Mr. Fitzpatrick.
Question was raised with regard to closing the alley and certain
destruction which occurred before the closure was approved by City
Council; whereupon, Mr. Richard A. Kelley, Executive of Business
Affairs and Clerk of the Roanoke City School Board, appeared before
Council and advised that the School Board encountered difficulty with
regard to the timing of acquisition of real estate. He stated that the
Board acted in a good faith effort inasmuch as construction was pro-
ceeding when the property was received and it was necessary to make
certain changes at the rear of the school building. He pointed out
that the situation caused a severe time constraint with the contractor
which in turn caused a conflict between schedules of the City Planning
Commission and the School Board, and the Board and the Planning
Commission now realize the time constraints that exist in such matters.
ACTION:
327
He explained that school officials were of the opinion that the alley
was a hazard to children using the rear of the school and consequently,
in order to open Highland Park Elementary School in a timely manner,
the contractor initiated work that tore up the alley. He stated that
the ultimate solution to the problem was worked out with the City
Planning Commission on a satisfactory basis, and the new easement will
provide for a better situation than that which existed prior to
acquisition of the property. In summary, Mr. Kelley advised that there
were some timing differences that could have been handled in a better
way if more lead time had existed in terms of acquisition of the pro-
perty and changes in construction design of the school, and assured the
Members of Council that the timeframe for remaining projects to be
coordinated between the school administration and the City Planning
Commission would be handled properly in terms of the planning process.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none,
Ordinance No. 29705 was adopted on its first reading by the following
vote:
AYES: Council Members Trout, Bowles, Garland, Fitzpatrick, Musser
and Mayor Taylor ......... 6.
NAYS: None .............
Oe
(Council Member Bowers was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, August 14, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. John D.
Fralin that a tract of land containing 0.81 acre, more or less, located
in the 2900 block of Epperly Avenue, N. W., described as Block 1, Lots
19 - 21, respectively, Official Tax Nos. 2160612 - 2160614, being one
lot behind Williamson Road, be rezoned from RS-3, Residential Single
Family District, to RM-2, Residential Multi-Family, Medium Density
District, subject to certain conditions proffered by the petitioner,
the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, July 28,
1989, and Friday, August 4, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request for rezoning, advising that the proposed rezoning provides
a good transition between commercial uses fronting on Williamson Road
and the single family dwellings in the neighborhood and encourages
appropriate infill development that is sensitive to the existing neigh-
borhood character, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29706) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 216, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 340.)
The motion was seconded by Mr. Musser.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none,
Ordinance No. 29706 was adopted on its first reading by the following
vote:
328
ACTION:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ....... 6.
NAYS: None ........... O.
(Council Member Bowers was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, August 14, 1989, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Mr. and Mrs. Bill
Laferty that a tract of land lying at the northwesterly intersection of
Shenandoah Avenue and 30th Street, N. W., being 502 - 30th Street,
identified as Official Tax No. 2520114, be rezoned from LM, Light
Manufacturing District, to HM, Heavy Manufacturing District, subject to
certain conditions proffered by the petitioners, the matter was before
the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, July 28,
1989, and Friday, August 4, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recom~nending that the
request for rezoning be denied, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29707) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke 1!779), as amended, and Sheet No. 252, Sectional 1976 Zone Map,
City ~ Roanoke, to rezone certain property within the City, subject to
certa';:, conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 341.)
The motion was seconded by Mr. Musser.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request; whereupon, Mr. Michael K.
Smeltzer, Attorney, representing Mr. and Mrs. Laferty, owners of the
property in question, and Mr. Edgar Mullins, who is under contract to
purchase the property, appeared before Council and advised that Mr.
Mullins has operated Mullins Paint and Body Shop which is located
directly across 30th Street, for approximately 11 years and about three
years ago, he established a new business known as Mullins Used Auto
Parts Warehouse. He explained that Mr. Mullins presently purchases
used automobiles in various states of repair for dismantling, which
parts are then cleaned, catalogued and held for sale as used automobile
parts. He advised that in the course of upgrading or expanding his
business, Mr. Mullins has determined that it would be desirable to
store automobiles on the property, and was informed that in order to do
so, the property must be rezoned from LM, Light Manufacturing District,
to HM, Heavy Manufacturing District, and additionally, a variance or
special exception use must be approved by the Board of Zoning Appeals.
Mr. Smeltzer pointed out that the property has been referred to as
a junk yard and various other scurrilious names; however, he advised
that it is a recycling center. He stated that no need for change would
take place and it would not be necessary to appear before Council if
Mr. Mullins did not wish to use the property for the storage of
vehicles. He explained that the storage of vehicles would be in a
designated area as set forth on a proffered site plan, that certain
beautification would take place, that if the property is not used as
abovestated, the zoning would revert back to Light Manufacturing within
three years, and left ove~ scrap material would be transported to a
designated site in Montvale within five working days. He advised that
the proposal would allow Mr. Mullins to move automobiles which are pre-
sently stored in his paint and body shop to a fenced in area which
would essentially upgrade the property.
Hr. Smeltzer pointed out that if the property is rezoned to Light
Manufacturing and if the Board of Zoning Appeals approves a special
exception use, Mr. Mullins intends to purchase the property from Mr.
and Mrs. Laferty and invest approximately $300,000.00. He advised that
the proposal would not cause a great deal of change in the neighborhood
inasmuch as heavy manufacturing already exists. He stated that he was
aware of the fact that the neighborhood has certain existing problems,
however, Mr. Mullins' proposed use would not exaggerate or change those
problems; and as a businessman, Mr. Mullins would be investing in the
future of the community and improving the property in a way that could
be enforced by the City. He pointed out that Mr. Mullins' operation
should not be classified with other true junk yards in the area,
advising that a true junk yard is located on 30th Street adjacent to
Mr. Mullins property, however, Mr. Mullins does not own nor does he
have an interest in that property. He stated that Mr. Mullins has
offered a genuine project, despite any opposition which has been
expressed by the City of Roanoke Redevelopment and Housing Authority
and the City's economic development staff, which will upgrade the
neighborhood.
Mr. Edward A. Natt, Attorney, representing certain residents of
the Signal Hill area, appeared before Council and expressed opposition
to the request for rezoning. He stated that his clients are opposed to
Mr. Mullins project and to any type of project of this nature in the
area. He pointed out that the present time there are several existing
establishments similar to Mr. Mullins' operation in the neighborhood;
and residents have, over a long period of t(me, delved into the matter
with the City's Zoning Administration and the Board of Zoning Appeals
in an effort to attempt to address the issues within the guidelines of
the Zoning Ordinance. He explained that many years ago, similar busi-
nesses in the area started out with the representation that they too
would honor certain promises; and Board of Zoning Appeals approval may
or may not attach certain conditions to Mr. Mullins operation which may
or may not be enforced. He advised that residents of the area have
been concerned for quite some time about the enforcement problem, and
pointed out that Mr. Mullins proposal was a major change inasmuch as he
was requesting outside storage of vehicles. He stated that the area in
question is a location where economic development could occur inasmuch
as the Shenandoah Avenue corridor is ripe for economic revitalization.
On behalf of certain residents of the Signal Hill area, Mr. Natt asked
that Council deny tile request for rezoning.
Mr. H. Wesley White, Subsidized Housing Director, City of Roanoke
Redevelopment and Housing Authority, appeared before Council and
advised that during its meeting on July 1, 1989, the Board of Commis-
sioners of the Housing Authority voted unanimously to recommend to
Council that the request for rezoning be denied. He explained that the
Housing Authority has expended approximately $4 million in an effort to
upgrade the Lansdowne Park Housing Project which is located directly
across the street from Mr. Mullins' business in order to improve living
conditions for residents of Lansdowne. In addition, he stated that the
Housing Authority purchased land across Salem Turnpike for development
of a recreational area, and pointed out that Lansdowne residents should
be given the same consideration as any other neighborhood in the City
when considering a rezoning request. He called attention to an amend-
ment to the site plan submitted by Mr. Smeltzer which calls for a ser-
vice entrance that will be located across from the Lansdowne Housing
development.
Mr. White further advised that the Housing Authority also con-
sidered the impact of the proposed rezoning on the Shaffers Crossing
Project and pointed out that this type of use would directly impact on
the marketability of the land. He expressed concern over whether the
area where the vehicles are proposed to be stored could be properly
screened from view from the second floor level of the Lansdowne apart-
ments. He explained that the Housing Authority requested a landscaping
plan from Mr. Smeltzer and received only a color rendering of what was
proposed which was not felt to be adequate inasmuch as a landscaping
plan should have been submitted that would include stipulations to
ensure that Mr. Mullins would follow through on his proffers. He
advised that the area has great potential for an industrial park, with
the future looking bright in terms of development, particularly in
light of the extension of Peters Creek Road. For the above reasons, he
329
330
explained that the Board of Commissioners of the City of Roanoke
Redevelopment and Housing Authority was of the opinion that it would
not be in the best interest of the Housing Authority or the Lansdowne
housing development for the rezoning to occur inasmuch as approval
would set a precedent for other heavy manufacturing uses on the north
side of the street.
Following questions and com~nents by the Mayor and Members of
Council, Ordinance No. 29707 was adopted on its first reading by the
following vote:
AYES: Council Members Trout, Bowles, Garland, Fitzpatrick, Musser
and Mayor Taylor ....... -6.
NAYS: None ........
(Council Member Bowers was absent.)
Oe
ACTION:
J,CTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and con~nittees appointed by Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, March 13, 1989; Monday, March 20, 1989; Monday, March 27, 1989;
Monday, April 3, 1989; Monday, April 10, 1989; Monday, April 17, 1989;
Monday, April 24, 1989; and the special meetings held on Tuesday,
April 25, 1989, and Wednesday, April 26, 1989, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Musser and
Mayor Taylor ........... ---5.
NAYS: None ....... O.
{Council Member Bowers was absent.) {Council Member Garland was out of
the Council Chamber.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Musser and
Mayor Taylor ......... .5.
NAYS: None ......
-0.
(Council Member Bowers was absent.) (Council Member Garland was out of
the Council Chamber.)
ACTION:
ACTION:
ECONOMIC DEVELOPMENT-MOVIE PRODUCTIONS: A communication from
Council Member David A. Bowers recommending that the City Manager and
the Economic Development staff contact the producers of the film "Crazy
People" in order to discuss the possibility of a world premier event in
Roanoke upon release of the movie, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the City Manager
for study, report and recommendation to Council. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Musser and
Mayor Taylor ................................. 5.
NAYS: None ........... O.
(Council Member Bowers was absent.) (Council Member Garland was out of
the Council Chamber.)
PENDING LIST: A list of items pending from July 10, 1978, through
July 24, 1989, was before Council.
(Full full text, see pending list on file in the City Clerk's OfficeL)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Musser and
Mayor Taylor ............... 5.
NAYS: None .........................
(Council Member Bowers was absent.) (Council Member Garland was out of
the Council Chamber.)
331'
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS: Ms. Ada Linkous, 613 Highland Avenue, S. W., for-
merly residing at 1443 Archbold Avenue, N. E., appeared before Council
and called attention to trees that have grown across Ellerbee Avenue in
the East Gate section of the City. She advised that City forces have
cut some of the trees but there is still a great deal of overgrowth in
the vicinity of Ellerbee and Varnell Avenues. She also called atten-
tion to the existence of skunks, possums, snakes and rats in the area
of 1443 and 1447 Archbold Avenue as a result of the overgrowth of
trees, brush, etc.
Mrs. B. T. Musselman, 1608 Archbold Avenue, N. E., advised that
the overgrowth problem regarding trees, grass, weeds, etc., in the East
Gate section has not been addressed by the City in the last five years.
She further advised that during the latter part of 1988, when trees had
grown out into the road, she was informed by the City that nothing
could be done at that time because of a backlog of other requests. She
stated that in the spring of 1989, she again called the City for
assistance and was told that none would be forthcoming due to a backlog
of other requests. She presented pictures illustrating existing con-
ditions, and pointed out that City forces have cleaned up some of the
debris as a result of dumping, however, a problem still exists on
Yeager Avenue. She advised that trees have grown completely across the
road on Templeton Avenue. She explained that she suffered an accident
when she stepped into a water meter hole which was covered over with
weeds, grass, etc.
Mrs. Musselman further advised that part of Archbold Avenue was
cleared, however, nothing was done from the 1600 block down to 20th
Street, as well as Varnell Avenue. She called attention to trees,
brush, and honeysuckle, etc., from Orange Avenue to Archbold Avenue.
As a result of existing conditions, she advised that snakes have been
spotted in the East Gate area. Mrs. Musselman stated that it was long
past time for the City to provide some assistance to East Gate by way
of clean-up efforts.
332
ACTION:
ACTION:
Mr. Trout moved that the matter be referred to the City Manager
for in~nediate attention. The motion was seconded by Mr. Fitzpatrick
and adopted.
SIDEWALKS, CURB AND GUTTER-DOWNTOWN ROANOKE: Mr. John W. Lambert,
Jr., President, Downtown Roanoke, Inc., appeared before Council and
introduced Mr. Franklin Kimbrough, Executive Director of Downtown
Roanoke, Inc., who assumed his new position on July 17, 1989. He
stated that Mr. Kimbrough is well trained and has considerable
experience in the field of economic development, specifically for down-
town areas, having worked previously in Panama City, Florida, and
coming to Roanoke from the City of Franklin, Virginia. He pointed out
that Mr. Kimbrough assumed his position with a mandate from the
Downtown Roanoke Board of Directors to increase the number of busi-
nesses in the downtown area, to find and enlarge housing in downtown
and to be an overall advocate of the downtown community.
Mr. Lambert advised that his purpose for appearing before Council
was to express appreciation on behalf of the Board of Directors of
Downtown Roanoke, Inc., for Council's efforts to make downtown Roanoke
as attractive as possible. He stated that a viable downtown, one that
is safe and attractive, helps to draw new investment by tile private
sector, and Council's commitment to downtown following adoption of the
Design '79 study was tremendous in terms of streetscape improven~nts.
He advised that today the results are evident in the market area, and
along portions of Campbell Avenue, Church Avenue and Franklin Road. He
stated that Design '85 recommended that the streetscape improvements be
continued, specifically accent paving, treatments on sidewalks, trees
and grates and pedestrian scale street light standards. He further
stated that the current downtown project, scheduled to commence this
week, does not include the abovementioned streetscape improvements, and
the Board of Directors of Downtown Roanoke, Inc., adopted a resolution
requesting that the City adhere to the recommendations of Design '85,
and that sufficient modifications be made to the current plan to pro-
vide that these improvements may be accomplished in the future. He
explained that pedestrian walkways are important for safety, for
attractiveness and for economic development; and taxpaying merchants
and other business people in downtown believe that the changes will be
beneficial because they will help to attract new investment.
Upon question, Mr. Lambert clarified that he was requesting that
the plain concrete sidewalks be installed in such a way as to permit
installation of conduit and lines at such time as the City is in a
fiscal position to add such streetscape improvements.
Mr. Trout moved that the matter be referred to the City Manager
for study, report and recommendation to Council. The motion was
seconded by Mr. Garland and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $1,729,330.00 for the 1989-90
Elementary Magnet School program, advising that funds will provide for
an elementary program in high technology at Highland Park Flementary
School and an extension of the elementary performing arts magnet at
Westside Elementary School; that the request also includes Federal
funds for planning the implementation of a magnet school program in
1990-91 at Northwest Elementary School; and the School Board expects to
receive an additional $1.7 million in Federal funds to continue the
grant for fiscal year 1990-91, was before the body.
The School Board further advised that the objective of the grant
is to reduce racial isolation in elementary schools and to improve stu-
dent performance; that approximately 1,500 elementary school students
will receive instructional services under the terms of the grant; that
the program is one hundred per cent funded with Federal funds and the
grant will release $78,320.00 in local funds; and funds will be used
for magnet school transportation, in the amount of $42,50D.OD, and
capital improvements to Northwest Elementary School, in the amount of
$35,820.00.
(For full text, see communication on file in the City Clerk's Office.)
333
ACTION:
A report of the Director of Finance advising that the 1989-90
Elementary Magnet School program is one hundred per cent Federally
funded, in the amount of $ 1,729,330.00, and recommended that Council
concur in the request of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29708-81489) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 325.)
Mrs. Bowles moved the adoption of Ordinance No. 29708-81489. The
motion was seconded by Mr. Fitzpatrick and adopted by the roi]owing
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ......... 6.
NAYS: None ..............
.0.
(Council Member Bowers was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SPECIAL PERMITS: The City Manager submitted a written report
advising that Roanoke United Central Labor Council, AFL-CIO, took
responsibility for the display of American flags in the downtown area
on holidays for more than 20 years; and the organization appeared
before Council on March 7, 1983, and informed Council that the future
program for downtown area flags would be carried out by the Vietnam
Veterans of America.
It was further advised that Resolution No. 26423, adopted on March
14, 1983, co~nended Messrs. Marvin H. Boley and James E. Robertson for
their leadership in coordinating this effort during that 20+ year
period; that the Vietnam Veterans of America, Chapter #81, have coor-
dinated the display of American flags in the downtown area on holidays
since 1983; and the Vietnam Veterans of America, Chapter #81, have
requested assistance from the City in their efforts to display the
American flags on holidays in the downtown area.
It was explained that the motor vehicle used to drive along City
streets and from which flags are placed in holders on light poles
became undependable and too expensive to maintain; and manpower in the
form of volunteers recruited by the Vietnam Veterans is still available
and the organization desires to continue the project.
The City Manager recommended that he be authorized to assist the
Vietnam Veterans of America, Chapter #81, in the erection of American
flags on street light poles in the downtown area on appropriate holi-
days by providing a City truck and driver.
(For full text, see report on file in the City Clerk's Office.)
Mr. John H. Woolwine, 2709 Stephenson Avenue, S. W., President,
Roanoke Valley Chapter #81, Vietnam Veterans of America, appeared
before Council in support of the recommendation of the City Manager.
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
334
ACTION:
(#29709) AN ORDINANCE granting to the Vietnam Veterans of
America, Chapter #81, a revocable permit to mount certain flags on
street lighting poles in the Central Business District of the City,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 342.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ............ 6.
NAYS: None ....... O.
(Council Member Bowers was absent.)
BUDGET-GRANTS-EQUIPMENT-EMERGENCY SERVICES: The City Manager sub-
mitted a written report advising that on June 6, 1988, the Office of
Emergency Services submitted a written report to Council recommending
that the City enter into an agreement with the Virginia Department of
Emergency Services for the City to provide, along with Roanoke County
and the City of Salem, a Level III Regional Response Team; that Council
concurred in the recommendation and authorized the City Manager to
enter into an agreement to participate in a Level III Regional Response
Team; and on July 1, 1988, the City Manager and the State Coordinator
of Emergency Services entered into the agreement which is effective
until June 30, 1991, unless terminated upon thirty days notice by
either party.
It was further advised that in accordance with the executed agree-
ment, the City, as well as all localities who participate in a regional
response team, will receive "pass-through funding" for three years,
1987-88, 1988-89 and 1989-90, to assist with the purchase of equipment
to be used by the Regional t(azardous Materials Response Team; that
pass-through funding totaling $85,835.00 has been received by the City
for fiscal year 1987-88 and 1988-89 and deposited in Grant Fund
Revenue, Account No. R035-035-1234-7067; and additional funds totalling
$19,830.00 for the grant have been received, as follows:
July 14, 1989, in the amount of $16,665.00, for
fiscal year 1989-90 (third year pass-through
funds); and
July 27, 1989, in the amount of $3,165.00, for
supplemental pass-through funding for fiscal year
1988-89.
It was explained that additional fiscal year 1989-90 supplemental
funds, in the amount of approximately $3,000.00, will be received prior
to June 30, 1990; that fiscal year 1989-90 is the last year of initial
funding; that beginning with the budget for fiscal year 1990-91, fund-
ing received will be for maintenance of the program and is estimated at
$10,OOD.OD annually; and the City of Roanoke, Roanoke County and the
City of Salem will coordinate purchase of equipment for the Hazardous
Materials Regional Response Team in order to avoid duplication of
expensive equipment and allow for compatibility of equipment purchased.
The City Manager recon~nended that Council accept the Hazardous
Materials Regional Response Team Grant, in the amount of $19,830.00;
and appropriate $19,830.00 to Account No. 035-050-3220-9015, which was
previously established in the Grant Fund by the Director of Finance for
funding, and increase the revenue estimate for the grant by $19,830.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29710-81489) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 326.)
335
ACTION: Mr. Fitzpatrick moved the adoption of Ordinance No. 29710-81489.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor .................... 6.
NAYS: None ......... O.
(Council Member Bowers was absent.)
Mr. Trout offered the following Resolution:
(#29711-81489) A RESOLUTION authorizing the acceptance of a
Hazardous Materials Regional Response Team Grant made to the City of
Roanoke by the Virginia Department of Emergency Services and
authorizing the acceptance, execution and filing of all appropriate
documents to obtain such grant.
(For full text of Resolution, see Resolution Book No. 51, page 327.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 29711-81489. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor-. 6.
NAYS: None- O.
(Council Member Bowers was absent,)
BUDGET-WATER DEPARTMENT: The City Manager submitted a written
report advising that public notice of a Request for Proposals for engi-
neering services for expansion of the Carvins Cove Filter Plant was
placed in a local newspaper on April 9, 1989; and the following five
engineering firms responded to the request for service and interviews
were conducted on May 31, 1989:
Clean Water Engineers, Inc.
Olver, Inc.
Finkbeiner, Pettis & Stroud, Ltd., of Greensboro,
North Carolina
Hayes, Seay, Mattern & Mattern, Inc.
Mattern & Craig, in consultation with Alvord,
Burdick & Howson, Chicago, Illinois
It was further advised that following the interviews and
discussion with the'selection con~nittee, the firm of Mattern & Craig,
in consultation with Alvord, Burdick and Howson, was selected as the
best qualified engineering firm to perform the design study for expan-
sion of the Carvins Cove Filter Plant and related work; and negotiations
were then held with Mattern & Craig and Alvord, Burdick and Howson for a
satisfactory and advantageous contract.
A brief description of the nonsultant's basic services is as
follows:
Study for an upgrade of the intake structure at
Carvins Cove Dam.
Study of the low lift pump station to increase its
capacity from 21 to 28 MGD.
Study of Carvins Cove Filter Plant and related
operations to expand its capacity by 10 MGD (from
18 to 28 MGD).
Study of the gravity portion of the Roanoke City
Water Distribution System to handle the added plant
capacity and solve existing major transmission line
problems (use the KYPIPE computer program that is
compatible with the City Engineer's computer and
Autocad).
336-
ACTION:
ACTION:
Study of the updating of the treatment and distri-
bution to meet existing criteria and regulations
and the updating study to meet near term new cri-
teria of treatment, distribution and operation.
The City Manager recommended that Council award an engineering
services contract to Mattern & Craig for an expansion study of Carvins
Cove and related work as outlined in the proposed contract agreement,
in the amount of $175,000.00, subject to approval by the City Attorney;
appropriate an additional $20,000.00 for contingencies and reimbursable
expenses; and appropriate the total amount of $195,000.00 from Prior
Years' Retained Earnings to an account to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29712-81489) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Water Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 327.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29712-81489.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ........... 6.
NAYS: None ....................................
.0.
(Council Member Bowers was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#29713-81489) AN ORDINANCE authorizing the execution of a
contract with Mattern & Craig, Consulting Engineers, to provide engi-
neering services for the expansion of the Carvins Cove Filter Plant and
related work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 328.)
Mrs. Bowles moved the adoption of Ordinance No. 29713-81489. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ..................... 6.
NAYS: None ............................
Om
(Council Member Bowers was absent.)
BUDGET-FLOOD REDUCTION: The City Manager submitted a written
report advising that the April 1989 Referendum and Anticipated November
1989 Project Bid necessitated the need for surveys and appraisals for
the Roanoke River Flood Reduction Project; that Council awarded a unit
price contract to T. P. Parker and Son, in the amount of $144,020.00,
with an additional contingency of $5,980.00 on October 24, 1988, for a
total appropriation of $150,000.00; that survey services as required in
the scope of work were to include a baseline survey with ties to an
original baseline for the Corps of Engineers and easement surveys; that
due to the uncertainty of the April, 1989 Referendum, individual plats
and utility locations were not required in the original contract; and
the utility relocations for the flood reduction project are the sole
responsibility of the local sponsor.
It was further advised that T. P. Parker and Son and City staff
were able to reduce the original work required by using portions of a
baseline previously surveyed for the Corps of Engineers (C.O.E.); that
in addition, subsequent use of the Corps' mapping based on the previous
337
ACTION:
ACTION:
baseline saved office computation and drafting time; that baseline sur-
vey for the Corps of Engineers was found to have several serious flaws;
and in order to maintain cost savings through reduced office work and
the overall project deadline, City staff authorized T. P. Parker and
Son to correct several elements of the original Corps of Engineers
baseline.
It was explained that 194 parcels were originally identified from
City Tax Maps and included in the scope of work; that 237 parcels were
actually surveyed; that total expenditures to date are $138,688.87,
leaving a balance available of $11,311.13; that Change Order No. I for
additional work related to correcting the Corps' baseline and 43 addi-
tional parcels, in the amount $8,493.41, needs to be approved to
complete the original project scope; that approval of the April 1989
Referendum and publication of the General Design Memorandum (G.D.M.) on
June 29, 1989, have created the need for Change Order No. 2 to produce
final survey plats and to plot the location of existing utilities to be
relocated; that City staff has negotiated a revised scope of work with
T. P. Parker and Son, with a unit price not to exceed $79,686.00, being
$17,000.00 for plats and $62,686.00 for utility location; and the bid
date for the project has been revised to July, 199D or July, 1991,
pending Congressional approval of "New Start" funds and re-authoriza-
tion.
The City Manager recommended that he be authorized to revise the
current scope of work with T. P. Parker and Son (Change Order No. 2) to
include plats and utility location; that he be authorized to execute
Change Order No. 1, in the amount of $8,493.41, with T. P. Parker and
Son for additional survey services related to correcting the Corps'
baseline and for an additional 43 easement parcels; that payment be
authorized to T. P. Parker and Son for $8,493.41 from existing Account
No. 008-056-9618-9055, Surveying, Roanoke River Flood Reduction
Project; and transfer $79,686.00 from Capital Fund Account No. 008-056-
9617-9003, to Account No. 008-056-9617-9003, Surveying, Roanoke River
Flood Reduction Project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29714-81489) AN ORDINANCE to amend and reordain certain sec-
tions of the 19B9-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 328.)
Mr. Musser moved the adoption of Ordinance No. 29714-81489. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ....................... 6.
NAYS: None ............
(Council Member Bowers was absent.)
Mr. Musser offered the following emergency Ordinance:
(#29715-81489) AN ORDINANCE authorizing execution of Change Order
No. 1 and Change Order No. 2 to the contract with T. P. Parker and Son
to provide surveying services in connection with the Roanoke River
Flood Reduction Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 329.)
Mr. Musser moved the adoption of Ordinance No. 29715-81489. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ........... 6.
NAYS: None ............
Oe
(Council Member Bowers was absent.)
338
ACTION:
OFFICE ON YOUTH: The City Manager submitted a written report
advising that Youth Haven I is a department of the City of Roanoke
under the supervision of the Directorate of Human Resources; that Youth
Haven II is a department of the County of Roanoke under the supervision
of the Assistant County Administrator for Human Resources; that Youth
Haven I provides residential care for male juveniles, with a capacity
of 12, while Youth Haven II provides the same service for female juve-
niles; that the City of Roanoke and the County of Roanoke are reim-
bursed for ongoing operational expenses of the departments by Block
Grants from the State Department of Corrections; and Section 16.1-310
et. seq., of the Code of Virginia (1950), as amended, provides for the
cooperative placement of children in such residential care programs and
collection of a per diem fee based on reasonable local costs of main-
taining a child in the program.
It was further advised that agreements must be negotiated with
localities desiring to use the services of the facilities; that City
and County officials have negotiated a new contract for the two facili-
ties to provide services; and placements and services to other
contracted jurisdictions shall be on an available bed basis giving
first priority for placement of children to the jurisdiction operating
the group home program.
The City Manager recommended that he be authorized to execute a
non-secure residential care contract with the City of Salem and the
County of Roanoke, effective July 1, 1989, subject to adjustment each
fiscal year thereafter according to the provisions of the contract.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#29716-81489) A RESOLUTION authorizing execution of a non-secure
residential care contract with the City of Salem and the County of
Roanoke.
(For full text of Resolution, see Resolution Book No. 51, page 330.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29716-81489.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ............... 6.
NAYS: None ......... O.
(Council Member Bowers was absew~t.)
BUDGET-GRANTS-LIBRARIES: The City Manager submitted a written
report advising that a Federal Grant-in-Aid, in the amount of
$9,665.00, has been approved for the City of Roanoke Public Library by
the Virginia State Library for the purpose of continuing the Roanoke
City Employee Literacy Program; that the project is a cooperative
effort of the City Library and Literacy Volunteers of the Roanoke
Valley; that Literacy Volunteers have committed $21,085.00, which is 25
per cent of their operating budget to support the program; that the
Roanoke Valley has had an active literacy program since 1986; and as a
local affiliate of Literacy Volunteers of America (LVA), Literacy
Volunteers of the Roanoke Valley provide training for volunteer tutors
matching them with adults who want to learn to read.
It was further advised that the City Administration has identified
a need for improvement of the basic reading skills of City employees in
order to enhance and increase productivity and overall work perfor-
mance; that national statistics indicate that one in five Americans is
illiterate; that the grant, which is to be expended by May 15, 1990,
must be used to continue the City Employee Literacy Program; and the
Library Administration has recommended that the Literacy Grant be
expended as follows:
339
ACTION:
ACTION:
Reimburse Literacy Volunteers of Roanoke Valley
$6,265.00 which is approximately 25 per cent of
their administrative expenses for the project.
Purchase low vocabulary/high interest reading
materials to augment current library holdings.
Produce printed posters and brochures for publi-
cizing the program.
Purchase cassette player-recorders for use by
tutors and students.
Purchase a portable VCR/TV unit for use with
recruitment video.
The City Manager recommended that Council accept the Federal
Grant-in-Aid for the Literacy Project, in the amount of $9,665.00, and
appropriate funds to the following accounts to be established by the
Director of Finance in the Grant Fund:
$2,000.00 to Publications and Subscriptions,
Account No. 035-054-5D03-2040
$6,265.00 to Fees for Professional Services,
Account No. 035-054-5003-2010
$750.00 to Equipment,
Account No. 035-054-5003-9005
$400.00 to Administrative Supplies,
Account No. 035-054-5003-2030
$250.00 to Expendable Equipment,
Account No. 035-054-5003-2035
It was further reconm~nded that Council establish a revenue esti-
mate of $9,665.00 for the Literacy Grant in the Grant Fund; and
authorize the City Manager or his designee to execute the necessary
documents accepting the grant for the Roanoke City Public Library.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29717-81489) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations,. and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 330.)
Mrs. Bowles moved the adoption of Ordinance No. 29717-81489. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ....................... 6,
NAYS: None ...........
(Council Member Bowers was absent.)
Mrs. Bowles offered the follo'Ntng Resolution:
{#29718-81489) A RESOLUTION accepting the Federal Grant-In,Aid
for Literacy Project for the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 51, page 331.)
Mrs. Bowles moved the adoption of Resolution No. 29718-81489. The
motion was seconded by Mr. Garland and adopted by the following vote:
340
ACTION:
ACTION:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ...................................... 6.
NAYS: None ..................................................... O.
(Council Member Bowers was absent.)
BUDGET-LIBRARIES-GRANTS: The City Manager submitted a written
report advising that a federal aid grant through the Library Services
and Construction Act (LSCA) Title I for $39,005.00 has been approved
for the Roanoke City Public Library by the Virginia State Library; that
the library is eligible for a Major Urban Resource Library Grant (MURL)
because it is located in a city with over 100,000 population; that
Virginia currently has four libraries with this designation, viz:
Alexandria, Norfolk, Richmond and Roanoke; and the grant is to be used
for the purpose of strengthening library services and must be expended
by May 15, 1990.
It was further advised that the library's collection is heavily
used by the student population of the Roanoke Valley, as well as the
general public, who depend on the City Library for resources not
available elsewhere in the area; and the Library Administration has
recommended that the Major Urban Resource Library Grant, in the amount
of $39,005.00, be expended for books.
The City Manager reco~nded that Council accept the Major Urban
Resource Library Grant, in the amount of $39,005.00 and appropriate
funds to the following account in the Grant Fund:
$39,005.00 to Publications/Subscriptions,
Account No. 035-054-5005-2040.
The City Manager further recommended that Council establish a
revenue estimate of $39,005.00 for the Federal grant in the Grant Fund;
and authorize the City Manager or his designee to execute the necessary
documents accepting the grant for the Roanoke City Public Library.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29719-81489) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 331.)
Mr. Garland moved the adoption of Ordinance No. 29719-81489. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ....... 6.
NAYS: None ............................ O.
(Council Member Bowers was absent.)
Mr. Garland offered the following Resolution:
(#29720-81489) A RESOLUTION accepting a Major Urban Resource
Library Grant for the City Public Library.
(For full text of Resolution, see Resolution Book No. 51, page 332.)
Mr. Garland moved the adoption of Resolution No. 29720-81489. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
ACTIOn:
341
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ..... 6.
NAYS: None ..... O.
(Council Member Bowers was absent.)
BUDGET-LIBRARIES-GRANTS: The City Manager submitted a written
report advising that a federal aid grant through the Library Services
and Construction Act (LSCA) Title I Grant, in the amount of $7,884.00,
has been approved for the Roanoke City Public Library by the Virginia
State Library; that the City Library is a sub-regional library for the
visually impaired and physically handicapped serving the special popu-
lations of the Fifth Planning District; that Virginia currently has
nine sub-regional libraries; and the grant will fund staff training and
materials to improve services to the handicapped and must be expended
by May 15, 1990.
It was further advised that the library constantly seeks to
improve and expand its services to special populations by adding new
equipment and materials and by providing training for library staff in
the Outreach/Extension Services Unit; and the Library Administration
had recommended that the grant, in the amount of $7,884.00, be used to
purchase one Braille Printer for converting print materials, additional
large print books, books on cassette, closed caption vtdeocassettes and
supplies, and to obtain staff training on automated services relating
to talking books and outreach services.
The CiW Manager recon~nended that Council accept the Library
Services and Construction Title I Sub-Regional for the Blind Grant, in
the amount of $7,884.00, and appropriate funds to the following
accounts to be established in the Grant Fund:
$850.00 to Equipment,
Account No. 035-054-5004-9005
$1,500.00 to Training and Development,
Account No. 035-054-5004-2044
$3,584.00 to Publications and Subscriptions,
Account No. 035-054-5004-2040
$1,950.00 to Administrative Supplies,
Account No. 035-054-5004-2030.
The City Manager further reconmmnded that Council establish a
revenue estimate of $7,884.00 for the grant in the Grant Fund; and
authorize the City Manager or his designee to execute the necessary
documents accepting the grant for the Roanoke City Public Libra)~.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29721-81489) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 332.)
Mrs. Bowles moved the adoption of Ordinance No. 29721-81489. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ........ 6.
NAYS: None .....................................
(Council Member Bowers was absent.)
342
Mrs. Bowles offered the following Resolution:
(#29722-81489) A RESOLUTION accepting a Library Services and
Construction Act (LSCA) Title I Grant for the Roanoke City Public
Library.
ACTION:
(For full text of Resolution, see Resolution Book No. 51, page 333.)
Mrs. Bowles moved the adoption of Resolution No. 29722-81489. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ....... -6.
NAYS: None ......... _ ..... O.
(Council Member Bowers was absent.)
BUDGET-CIRCUIT COURT: The City Manager submitted a written report
concurring in a report of a bid committee with regard to a new micro-
film retrieval terminal for the C]erk of Circuit Court.
The bid committee recommended that Council accept the lowest
responsible bid, for one new Microfilm Retrieval Terminal (IMT-350), as
submitted by Eastman Kodak Company, in the total amount of $17,779.00;
appropriate $17,779.00 from the Capital Maintenance and Equipment
Replacement Program, to Clerk of Circuit Court, Account No. 001-028-
2111-9005; and reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29723-81489) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-9D General Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 333.)
Mr. Musser moved the adoption of Ordinance No. 29723-81489. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
ACTION:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ........ 6.
NAYS: None .........
(Council Member Bowers was absent.)
Mr. Musser offered the following emergency Ordinance:
(#29724-81489) AN ORDINANCE accepting the bid of Eastman Kodak
Company made to the City for furnishing and delivering one (1) new
Microfilm Retrieval Terminal (IMT-350); rejecting all other bids made
to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 334.)
Mr. Musser moved the adoption of Ordinance No. 29724-81489. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ....... 6.
NAYS: None ....... O.
(Council Member Bowers was absent.)
343
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES-PENSIONS: The Director of Finance submitted
a written report advising that on May 1, 1989, Council approved a three
per cent cost-of-living raise for eligible members of the City of
Roanoke Pension Plan; and on July 31, 1989, 822 retirees received the
increase based on the following qualications:
retired on or before June 30, 1988,
earned 120 months (10 years) of creditable service
before retirement (except occupational disability),
and
spousal qualifications based on above requirements
for employee/retiree.
The Director of Finance further advised that the July 31, 1989,
monthly increase in pensions for the cost-of-living adjustment was
$9,884.00, which equates to an annual amount of $118,605.00; that the
estimated cost of the increase is $990,000.00 over the life of the
system; that in order to partially address the funding requirements of
the increase, a one-time lump sum payment of $250,000.00 was designated
from fiscal year 1989 year-end fund balance; and a proposed budget
ordinance appropriates $250,000.00 to the General Fund, Account No.
001-004-9110-1105, to be transferred to the Roanoke City Pension Plan;
whereupon, Mr. Schlanger reconmmnded approval of said budget ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29725-81489) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 334.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29725-81489.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ......... 6.
NAYS: None ........ O.
(Council Member Bowers was absent.)
REPORTS OF COMMITTEES:
BUDGET-UTILITIES: Council Member Robert A. Garland, Chairman of a
con~nittee appointed by the Mayor to tabulate bids received for a new
fueling station at the Utility Lines Site, 3447 Hollins Road, N. E.,
presented a written report on behalf of the committee recommending that
Council authorize the City Manager to enter into a contract with S. J.
Conner and Sons, Inc., in the amount of $69,635.00, and 28 consecutive
calendar days for construction of the new fueling station at the
Utility Lines Site, with work to be done in accordance with contract
documents as prepared by the City Engineer's Office, and execution of
the contract subject to approval of the appropriate supporting docu-
ments; and appropriate $73,000.00 from the Previous Years' Retained
Earnings, in the Internal Service Fund to a capital account to be
established by the Director of Finance entitled, New Fueling Station at
Utility Lines; and reject all other bids received.
The City Manager submitted a written report concurring in tile
reconmmndattons of the committee.
(For full text, see reports on file in the City Clerk's Office.)
344
ACTION:
ACTION:
ACTZON:
Mr. Garland offered the following emergency budget Ordinance:
(#29726-81489) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 335.)
Mr. Garland moved the adoption of Ordinance No. 29726-81489. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ............ 6.
NAYS: None .......
-0.
(Council Member Bowers was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29727-81489) AN ORDINANCE accepting the bid of S. J. Conner and
Sons, Inc., for construction of a new fueling station at the City's
Utility Lines site on Hollins Road, N. E., upon certain terms and con-
ditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 336.)
Mr. Garland moved the adoption of Ordinance No. 29727-81489. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ....... 6.
NAYS: None .......
(Council Member Bowers was absent.)
PARKING GARAGE: Council Member Robert A. Garland, Chairman of a
committee appointed by the Mayor to tabulate bids received for the
lease of approximately 3,000 square feet of retail space and an addi-
tional storage area in the Market Square Parking Garage on Campbell
Avenue, S. W., presented a written report on behalf of the committee
reconmmnding that Council reject the sole bid submitted by Orvis, Inc.,
pursuant to a communication from Orris, Inc., under date of June 26,
lg89, requesting that the bid be rejected due to an error in said bid.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#29728-81489) A RESOLUTION rejecting the bid received for the
lease of retail space in the Market Square Garage for the period com-
mencing September 1, lg92, and ending September 1, 1997.
(For full text of Resolution, see Resolution Book No. 51, page 336.)
Mr. Garland moved the adoption of Resolution No. 29728-81489. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ........ 6.
NAYS: None .......
-0.
(Council Member Bowers was absent.)
345
ACTION:
ACTION:
BUDGET-SEWERS AND STORMS DRAINS: Council Member Robert A.
Garland, Chairman of a committee appointed by the Mayor to tabulate
bids received for replacement of Blower Engine No. 7 with a diesel
fueled blower drive unit at the Water Pollution Control Plant, pre-
sented a written report on behalf of the committee recon~nending that
Council authorize the City Manager to enter into a contractual
agreement with Branch & Associates, Inc., in accordance with contract
documents as prepared by Clean Water Engineers, Inc., in the amount of
$828,800.00, and 365 consecutive calendar days; appropriate funding for
the project from Water Pollution Control Plant, Retained Earnings, to
an account to be established by the Director of Finance as follows:
contract with Branch and Associates, Inc. - $828,80D.00, project con-
tingency - $61,200.00, for a total project amount of $890,000.00; and
reject all other bids which were received.
The City Manager submitted a written report concurring in the
recommendation of the con~nittee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29729-81489) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Sewage Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 337.)
Mr. Garland moved the adoption of Ordinance No. 29729-81489. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ............... 6.
NAYS: None ........ O.
(Council Member Bowers was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29730-81489) AN ORDINANCE accepting the bid of Branch &
Associates, Inc., for the replacement of Blower Engine No. 7 with a
diesel fueled blower drive unit at the Water Pollution Control Plant,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 337.)
Mr. Garland moved the adoption of Ordinance No. 29730-81489. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ............. 6.
NAYS: None ..............
-0.
(Council Member Bowers was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
WATER DEPARTMENT-SPECIAL PERMITS-CITY PROPERTY-FIRE DEPARTMENT:
Ordinance No. 29689 authorizing execution of a revocable license for
the installation of two water quality monitoring wells by Conoco, Inc.,
on City property located at Fire Station No. 13, having previously been
before the Council for its first reading on Monday, July 24, 19B9, read
and adopted on its first reading and laid over, was again before the
body, Mr. Trout offering the following for its second reading and final
adoption:
346
ACTION:
ACTION:
ACTION:
ACTION:
(#29689-81489) AN ORDINANCE authorizing the proper City officials
to execute a revocable license for the installation of two water
quality monitoring wells by Conoco, Inc., on City property located at
Fire Station No. 13, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 324.)
Mr. Trout moved the adoption of Ordinance No. 29689-81489. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ........ 6.
NAYS: None .............
(Council Member Bowers was absent.)
CITY CODE-SCHOOLS: Ordinance No. 29699-81489 amending and reor-
datnin9 §9-21(b), Public interview of candidates, of the Code of the
City of Roanoke (1'979), as amended, to p~Ovide that the interview of
school board candidates take place in an order deemed appropriate by
Council, having previously been before the Council for its first
reading on Monday, July 24, 1989, read and adopted on its first reading
and laid over, was again before the body, Mr. Fitzpatrick offering the
following for its second reading and final adoption:
(#29699-81489) AN ORDINANCE amending and reordatning §9-21(b),
Public interview of candidates, of the Code of the City of Roanoke
(1979), as amended, to provide that the interview of school board can-
didates take place in an order deemed appropriate by City Council.
(For full text of Ordinance, see Ordinance Book No. 51, page 324.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29699-81489.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, and
Mayor Taylor ........ ----5.
NAYS: Council Member Musser .........
'-1o
(Council Member Bowers was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
ZONING: Mr. Fitzpatrick moved that the City Manager be requested
to investigate Zoning Ordinance enforcement practices throughout the
City; i.e.: consideration of possible amendments to the Zoning
Ordinance to provide for greater enforcement flexibility, along with
necessary manpower requirements for proper enforcement of the Zoning
Ordinance by the City Planning Commission, Board of Zoning Appeals and
Building Commissioner. The City Manager was further requested to sub-
mit his report to Council within 120 days. The motion was seconded by
Mr. Garland and adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 10:45 p.m., the Mayor declared the meeting in recess.
At 10:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowers.
Mr. Musser moved with respect to the Executive Session just
concluded, that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act and (2) only such public business matters as were iden-
347
tified in any motion by which any Executive Session was convened were
heard, discussed or considered by City Council. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ....... 6.
NAYS: None .............. O.
(Council Member Bowers was absent.)
REFUSE COLLECTION: The Mayor advised that the four year term of
Mr. Joel M. Schlanger as a member of the Roanoke Valley Regional Solid
Waste Management Board would expire on August 31, 1989, and called for
nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Mr. Joel M.
Schlanger.
There being no further nominations, Mr. Joel M. Schlanger was
reelected as a member of the Roanoke Valley Regional Solid Waste
Management Board for a term of four years, ending August 31, lgg3, by
the following vote:
ACTION: FOR MR. SCHLANGER: Council Members Trout, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ....... 6.
(Council Member Bowers was absent.)
CIVIC CENTER: The Mayor advised that the three year term of Mr.
Robert A. Garland as a member of the Roanoke Civic Center Commission
would expire on August 31, 1989, and called for nominations to fill the
vacancy.
Mr. Fitzpatrick placed in nomination the name of Mr. Robert A.
Garland.
ACTION:
There being no further nominations, Mr. Robert A. Garland was
reelected as a member of the Roanoke Civic Center Commission for a term
of three years, ending August 31, 1992, by the following vote:
FOR MR. GARLAND: Council Members Trout, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............ -6.
(Council Member Bowers was absent.)
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY: The Mayor
advised that the two year term of Mrs. Elizabeth T. Bowles as a member
of the Total Action Against Poverty Board of Directors would expire on
August 31, 1989, and called for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Mrs. Elizabeth T.
Bowles.
There being no further nominations, Mrs. Elizabeth T. Bowles was
reelected as a member of the Total Action Against Poverty Board of
Directors for a term of two years, ending August 31, 1991, by the
following vote:
ACTION:
FOR MRS. BOWLES: Counctl Members Trout, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ....... 6.
(Council Member Bowers was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 10:55 p.m.
APPROVED
ATTEST:
City Clerk
348
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
August 28, 1989
2:00 p.m.
The Counctl of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, August 28, 1989, at 2:00 p.m., the regular
meeting hour, with Vice-Mayor Beverly T. Fitzpatrick, Jr., presiding, pursuant
to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the
City of Roanoke '(1979)', as ~mended.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, Howard E. Musser, James O. Trout and Vice-Mayor Beverly T.
Fitzpatrick Jr.- .......
ABSENT: Mayor Noel C. Taylor .......
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
Wilburn C. Dibling, dr., City Attorney; Joel M. Schlanger, Director of Finance;
and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Edward T. Burton,
Pastor, Sweet Union Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Fitzpatrick.
ACTION:
ACTION:
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for construction of Williamson Road Storm Drain, Phase 2,
Contract IG, Left Segment, said bids to be received by the City Clerk
until 1:30 p.m., on Monday, August 28, 1989, and to be held, opened and
read before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Vice-Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER
Aaron J. Conner General Contractor
F. L. Showalter, Inc.
BASE BID TOTAL
$1,009,604.20
1,245,$g4.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Kiser as n~mbers of the committee.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for upgrading of the chlorination/dechlorinatton facility at the
Roanoke Water Pollution Control Plant, said bids to be received by the
City Clerk until 1:30 p.m., on Monday, August 28, lg89, and to be held,
opened and read before the Council at 2:00 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Vice-Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
349
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
Breakell, Inc.
Structures & Utilities Company,
Inc.
Acorn Construction, Ltd.
Haren Construction Company, Inc.
Burleigh Construction Company,
Inc.
$407,644.00
(Deduct $7,745.00
from Base Bid
Total)
416,600.00
457,600.00
478,000.00
688,500.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
to Council. The motion was seconded by Mr. Trout and adopted.
The Vice-Mayor appointed Robert A. Garland, Chairman, William F.
Clark and Kit B. Kiser as members of the committee.
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form or forms listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session to discuss a
matter of probable litigation, being the condemnation of real property
needed for public purposes.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of the City Manager
with regard to certain proposals submitted by Mr. Roger Franklin, 733
Murray Avenue, S. E., on neighborhood revitalization, advising that Mr.
Franklin made a presentation to Council on April 17, 1989, in which he
outlined the following four proposals to improve neighborhood con-
ditions, was before the body.
Proposal 1: That the Building Code be amended to
require that any vacant condemned building be
either repaired to Code standards or demolished
within a specified time, e. g. 6 - 12 months.
Proposal 2: That rental property be registered
with the City and have a code inspection every two
years.
Proposal 3: That incentives e. g. tax breaks, be
provided to conmmrcial businesses to invest and
stay in older conm~ntties such as southeast.
Proposal 4: That more efforts be made to publicize
the variety of funds and programs available to buy
or repair homes.
The City Manager further advised that Mr. Franklin was insightful
in identifying vacant and deteriorating buildings as significant liabi-
lities in residential neighborhoods; that unfortunately, there are two
major classes of restrictions that limit the City's options to respond
to the situation, viz: first, current state law limits what the City
may do, e. g. order a vacant building repaired or demolished within a
given time, regardless of its structural condition, or licensing resi-
dential rental business; and second, limited staff resources and
program subsidies limit how much the City Administration can do within
that allowed by law, e.g. voluntary inspections of occupied rental
units, counseling and technical assistance, and helping neighborhood
commercial districts organize for support and improvement.
(For full text, see report on file in the City Clerk's Office.)
350
ACTION:
ACTION:
ACTION:
Mr. Musser moved that the report be received and filed. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick 6.
NAYS: None---
(Mayor Taylor was absent.)
COMPLAINTS: A report of the City Manager advising that citizens
appeared before Council on June 12, 1989, and expressed concern about
storn~ater runoff from the Hickory Woods - Phase I Apartment Complex;
that City personnel (Engineering and Planning) visited the area and
talked with some of the adjacent residents and the developers of the
apartments; that the apartment site development complies with current
soil and erosion control regulations in that all stormwater runoff from
the apartment site flows through an on-site detention basin outletting
into the City storm drain system in Orange Avenue; and no outflow
enters King Street, was before the body.
It was further advised that vacant property, adjacent to the
Phase I site, now grass covered, is contributing to the King Street
problem; that the remainder of the problem is caused by the fact that
King Street lies in the floodway fringe of the Glade Creek tributary
through the area; and on June 13, 1989, the following storn~Nater miti-
gating improvements were made:
three small detention basins were installed on the
undeveloped property;
earth berm was built across the entrance to the
reseeded construction road used for access to
Phase I;
entire area was reseeded;
Hickory Woods developers have reinstituted a
$4,800.00 bond to guarantee that the problems will
be corrected to the satisfaction of the City, and
have agreed to participate in replacing the City
storm drain under King Street that causes some
backup in the roadside ditch should that be deter-
mined as necessary in the future; and
City has regraded the roadside ditch along King
Street, N. E., to facilitate proper drainage flow.
The City Manager pointed out that the developers have moved
quickly to correct storn~ater problems associated with the Hickory
Woods - Phase I development and have posted guarantees; and the deve-
loper is to be commended for his comunity spirited reaction to the
concerns expressed to Council by adjacent residents.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the report be received and filed. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick 6.
NAYS: None ........
O®
(Mayor Taylor was absent.)
ANNUAL REPORTS-MUNICIPAL AUDITOR: An Annual Report of the Munici-
pal Auditor for the year ended June 30, 198g, was before Council.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. Musser moved that the report be received and filed. The
motion was seconded by Mr. Trout and adopted by the following vote:
m
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick ......... 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
ROANOKE ARTS COMMISSION: A report of qualification of Ms.
Melody S. Stovall as a member of the Roanoke Arts Commission for a term
of three years ending June 30, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Musser moved that the report of qualification be received and
filed. The motion was seconded by Mr. Trout and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick--- 6.
NAYS: None- . .........O.
(Mayor Taylor was absent.)
OFFICE ON YOUTH: A communication from Mr. Joe Brown tendering his
resignation as a member of the Youth Services Citizen Board, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Musser moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick--- 6.
NAYS: None---
(Mayor Taylor was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Mr.
James B. McCloskey tendering his resignation as a member of the Roanoke
Neighborhood Partnership Steering Committee, effective August 1, 1989,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Musser moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick. 6.
NAYS: None--
-0.
(Mayor Taylor was absent.)
COUNCIL: A report of the City Attorney requesting that Council
meet in Executive Session to discuss a matter of probable litigation,
being the condemnation of real property needed for public purposes,
pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of pro-
bable litigation, being the condemnation of real property needed for
public purposes, pursuant to Section 2.1-344 (A) (7), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Trout and adopted
by the following vote:
351'
352
AYES:
Vice-Mayor Fi tzpatrick
NAYS: None ......... O.
(Mayor Taylor was absent.)
At 2:10 p.m., the Vice-Mayor declared the meeting in recess.
At 2:50 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Fitzpatrick presiding, and all Members of the Council in
attendance, with the exception of Mayor Taylor.
Council Members Bowers, Bowles, Garland, Musser, Trout and
6.
ACTION:
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
DRUGS-YOUTH: Sgt. Alexander B. S. Clary, representing the
Valley-Wide Anti-Drug Association, appeared before Council and advised
that the Association was recently formed in response to attention which
has been given to the problem of drug and alcohol abuse in the Roanoke
Valley. He stated that on September 16, 1989, at 11:00 a.m., a mass
rally and march will conmmnce at the Roanoke Civic Center en route to
Victory Stadium and a program will be held at Victory Stadium for par-
ticipants in the rally in an effort to promote public awareness of the
dangers of drug and alcohol abuse and the availability of treatment and
resources in the area. He pointed out that it was envisioned to have
as many as 15,000 persons marching in the rally, which is targeted
toward school age children between the first and twelfth grades. He
called attention to the growing problem of drug and alcohol abuse and
pointed out that the only way to deal with drug and/or alcohol enfor-
cement and awareness in the Roanoke Valley is to provide appropriate
education beginning with the first grade.
In concluding, Sgt. Clary advised that support has been given by
most of the schools in the area and by most of the Roanoke Valley
jurisdictions for the rally and march, and requested that Council sup-
port the project by appropriate measure.
Mr. Trout moved that the matter be referred to the City Manager
and to the City Attorney for preparation of the proper measure
expressing the City's support of the march and rally sponsored by the
Valley-Wide Anti-Drug Association. The motion was seconded by Mr.
Bowers and adopted.
SALE/PURCHASE OF PROPERTY: A request of Relish Realty to present
information regarding condemnation of the former A & P Building located
at 28 East Salem Avenue, was before Council.
The Vice-Mayor advised of a request of Messrs. Roland and Richard
Macher to defer the matter until the regular meeting of Council on
Monday, September 11, 1989, at 7:30 p.m., whereupon, Mr. Trout moved
that Council concur in the request. The motion was seconded by Mr.
Garland and adopted.
PETITIONS AND COMMUNICATIONS:
GRANTS-DRUGS-CITY SHERIFF: A communication from the Honorable
W. Alvin Hudson, City Sheriff, advising that the Roanoke City's Sheriff
Depart-merit was chosen by the Commonwealth of Virginia State Crime
Conmission as the pilot site for a Drug Testing of Pretrial Felons
Program to be administered by the City Sheriff; that Council authorized
the City Manager to execute the grant application from the Con,non-
wealth of Virginia Department of Criminal Justice Services for the Drug
Testing of Pretrial Felons Program on July 24, 1989; and a grant appli-
cation was approved by the Commonwealth of Virginia Department of
Criminal Justice Services for the Program, in the amount of $67,670.00.
It was further advised that representatives of the two largest
drug testing companies, Abbott Laboratories and Hoffmann-La Roche
Incorporated, were contacted to determine which company could provide
equipment and supplies to meet the requirements of the program; costs
i
353
ACTION:
ACTION:
of equipment; reliability of tests required to be performed on each
felon; etc., in order to prepare the original grant application; and
the abovestated companies are the only two that can provide the
Department with a means to perform drug testing on site as mandated by
the program.
It was explained that the Abbott ADX Abused Drug Analyzer was cho-
sen for inclusion in the grant program description as the means to per-
form the required drug test screens on approximately 4,000 pretrial
felons because it was the only drug screening process which could be
done on site that fulfilled the requirements of the program; that in
addition, it was the most cost efficient manner of screening persons
for drug use; that due to an error on the part of the sales represen-
tative when quoting prices to the Sheriff, the City of Roanoke can
realize even further savings and obtain the analyzer for $20,000.00,
$3,000.00 below state contract price; that in addition, all reagents,
controls and calibrators to operate the analyzer will be furnished by
the company for up to 4,000 screens or until July 1, 1990, for a flat
fee of $10,500.00, $31,000.00 below normal costs charged by the company
for 4,000 screens; and it must be noted that the Abbott ADX Abused Drug
Analyzer is the only source that can provide the reagents, controls and
calibrators to operate the analyzer,
The City Sheriff recommended that Council authorize the purchase
of the Abbott ADX Abused Drug Analyzer for $20,000.00 from Abbott
Laboratories; authorize the City Manager to execute a Customer
Incentive Agreement with Abbott Laboratories to provide training for
one person at their laboratory in Texas at no cost to the City; provide
maintenance service on the analyzer at no cost to the City until
July 1, 1990; provide all reagents, calibrators, calibrations,
controls, control tests, and miscellaneous disposables necessary to
perform 4,000 seven test drug screens or until July 1, 1990, at a total
cost of $10,500.00.
(For full text, see communication on file in the City Clerk's Office.)
A report of the City Manager concurring in the reconmmndations of
the City Sheriff, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29731-82889) AN ORDINANCE authorizing the purchase of an ADX
Abused Drug Analyzer, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute a
Customer Incentive Agreement with Abbott Laboratories; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 343.)
Mr. Trout moved the adoption of Ordinance No. 29731-82889. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick .6.
NAYS: None ............. O.
(Mayor Taylor was absent.)
Mrs. Bowles moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Garland and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE,
ITEMS RECOMMENDED FOR ACTION:
354
ACTION:
FLOOD CONTROL/REDUCTION: The Assistant City Manager submitted a
written report on behalf of the City Manager advising that the City,
since the flood of 1973, has been evaluating flood reduction alter-
natives; that flood reduction is an essential and needed project
serving vital public purposes; that the Corps of Engineers proposed a
flood reduction plan in 1984; that voters, in a referendum on April 11,
1989, voted to authorize $7.5 million for the City's share of the $34.5
million project; and all known property owners were contacted and pro-
vided preliminary information prior to the referendum.
It was further advised that initial Federal funding amounting to
$200,000.00 in new start money has been promised although not formally
authorized for Federal fiscal year 1989-90; that the Corps of Engineers
must expend initial funds prior to the end of the Federal fiscal year
which is September 30, 1990, which requires acquisition of all right-
of-way for the project by the City before June 1990 to permit time for
the Corps of Engineers to take bids; that the Corps of Engineers may
permit division of the project into phases that will allow the Corps,
if necessary, to bid the Flood Warning System first, which requires
only five sites, thereby extending the deadline for acquisition of all
other parcels; and !and acquisition must be preceded by a formal public
hearing, preferably prior to September 30, 1989.
It was explained that Council must authorize acquisition of 237
parcels of real estate, primarily perpetual easements, but, also
several fee simple acquisitions; that there is a possibility that other
types of easements may be needed; that the parcels are shown on project
General Design Memorandum (GDM) maps; that authority to include the
acquisition of five sites for the Flood Warning System and three to
five disposal sites for fill material was necessitated by project
construction; that flood warning system sites and "disposal sites" for
fill material have not been specifically identified; and the Corps of
Engineers requires formal right of access from the City to properties
acquired by the City for the project, thereby permitting construction,
inspection, surveys and other Corps of Engineers activities necessi-
tated by the project.
The City Manager recommended that the City Clerk be authorized to
advertise a public hearing for Monday, September 11, 1989, at
7:30 p.m., in anticipation of authorizing the acquisition of properties
needed for the Roanoke River Flood Reduction Project; and authorize the
City Manager, City Attorney, and other appropriate officials to take
such actions as may be deemed necessary for such acquisitions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#29732-82889) AN ORDINANCE authorizing a public hearing with
respect to the Roanoke River Flood Reduction Project; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 344.)
Mr. Musser moved the adoption of Ordinance Ho. 29732-82889. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick 6.
NAYS: None ........
(Mayor Taylor was absent.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29733) AN ORDINANCE providing for the acquisition of certain
real estate and real estate interests needed by the City for the
construction of the Roanoke River Flood Reduction Project; authorizing
the City Manager to establish the consideration to be offered by the
City for each parcel; providing for the City's acquisition of such real
355
estate by condemnation, under certain circumstances; authorizing the
City to make motion for the award of a right of entry on any of the
parcels for the purpose of commencing the project; authorizing the
inclusion of required City real estate in such project; and authorizing
access to project real estate by the United States Army Corps of
Engineers for construction related purposes.
(For full text of Ordinance, see Ordinance Book No. 51, page 352.)
ACTION:
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Fitzpatrick ....... 6.
NAYS: None ..... ---0.
(Mayor Taylor was absent.)
BUDGET-FLOOD CONTROL/REDUCTION: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that on
April 11, 1989, a referendum approved by the citizens of Roanoke City
authorized the sale of up to $7,500,000.00 in bonds for the Roanoke
River Flood Reduction Project; that City staff has contracted for and
completed preliminary surveys for all parcels involved in the Flood
Reduction Project; that in addition, appraisals and preliminary title
examinations for many parcels of land were completed prior to the
referendum; that the United States Congress has included $200,000.00
"new start" funds, in both the Senate and House of Representative's
Appropriation Bills; and the Corps of Engineers now anticipates that
the most optimistic schedule would be as follows:
Approval of New Start Funds
Sign Local Cooperative Agreement
City Begins Land Acquisitions
City Completes Land Acquisitions
Corps Bids Project
Construction Begins
October 1989
November 1989
November 1989
June 1990
July 1990
September 1990
It was further advised that Council previously appropriated
$350,000.00 for various activities related to the Flood Reduction
Project; that the City needs to proceed in~nediately with final prepara-
tions for land acquisitions; that Council approved a contract change
order with T. P. Parker and Son on August 14, 1989, to complete plats
needed for the Flood Reduction Project; and City staff proposes to
proceed with Individual Service Contracts for final appraisals and
title work for all parcels (237 along river, five for Early Warning
System and five disposal sites) needed for the Flood Reduction Project.
The City Manager recommnded that he be authorized to execute
Individual Service Contracts, in a form subject to approval by the City
Attorney, as necessary for appraisals and title work for all parcels
related to the Roanoke River Flood Reduction Project; and transfer
$200,000.00 from the Capital Improvement Reserve - Future Flood
Reduction, Account No. 008-052-9575-9186, to an account to be
established by the Director of Finance, entitled, "Roanoke River Flood
Reduction Project - Land Acquisition."
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29734-82889) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 344.)
ACTION= Mrs. Bowles moved the adoption of Ordinance No. 29734-82889. The
motion was seconded by Mr. Garland and adopted by the following vote:
356
ACTION:
ACTION:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick 6.
NAYS: None .......................................
(Mayor Taylor was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#29735-82889) AN ORDINANCE authorizing appropriate individual
service contracts for certain services in connection with real estate
acquisition for the Roanoke River Flood Reduction Project, upon certain
terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book Ho. 51, page 345.)
Mrs. Bowles moved the adoption of Ordinance No. 29735-82889. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick ........................ 6.
NAYS: None ..................
O.
(Mayor Taylor was absent.)
LIBRARIES: A report of the City Manager with regard to the
purchase of a shared automated library system, was before Council.
The Assistant City Manager requested that the report be withdrawn,
whereupon, Mr. Bowers moved that Council concur in the request of the
Assistant City Manager. The motion was seconded by Mr. Garland and
adopted.
BRIDGES: The Assistant City Manager submitted a written report on
behalf of the City Manager advising that the 1978 Surface Transporta-
tion Act enacted by Congress requires that all bridges, including "off
Federal Aid System" structures, must be included in the bi-annual
inspection program; that the City has 67 structures requiring Supple-
mentary Bridge Inspection Reports this year; that 41 structures (40
bridges and one tunnel) are inspected annually while 26 structures are
inspected bi-annually; and engineering services qualification proposals
for the necessary technical inspections and reports were publicly
advertised and received from Hayes, Seay, Mattern and Mattern, Inc.,
Kimball and Associates, Mattern and Craig, P.C., and Spectrum
Engineering.
It was further advised that interviews were held with all firms as
they were deemed qualified; that the complexity of bridge inspections
this year led staff to select the two most qualified firms to complete
two equal portions of the work; that negotiations were conducted with
the two most qualified firms (Hayes, Seay, Mattern and Mattern, Inc.,
and Mattern and Craig, P. C.) for necessary technical inspections and
reports; and the scope of work to be performed includes the following:
Field investigations of 33 bridges by each firm to
include whenever pertinent roadway approaches,
waterway, piers and abutments, bearings, stringers,
beams, girders, decks, expansion joints, curbs,
sidewalks, bridge railing, culverts, and signing.
Hayes, Seay, Mattern and Mattern, Inc., will also
be responsible for inspecting the airport tunnel.
Preparation of all sketches and/or photographs to
adequately describe deficiencies and problem areas
noted in inspection reports.
Performance of all measurements and calculations
necessary to conduct and determine load ratings and
safe load limits as required by new Federal regula-
tions (41 bridges). Load ratings usually require
three times the technical manhours of an
inspection.
-!
357
Final inspection documents completed in accordance
with Federal, State and City criteria regarding the
bridge inspection program.
It was explained that Federal and State highway agencies have
recently stressed the need for in-depth inspections related to a par-
ticular aspect of bridge inspection as a result of catastrophic bridge
failures in other states in recent years; that underwater bridge
inspections require more care to detect possible erosion of support in
waterways beneath bridge structures; that many of the City's bridges
being inspected are above waterways, the majority of which have struc-
tural supports under water; and the structures must be analyzed physi-
cally and mathematically to determine catastrophic scour potential.
It was pointed out that cost reimbursement fee for engineering
services is based upon actual manhours used to physically review each
component of the 66 bridges and one tunnel; that Hayes, Seay, Mattern
and Mattern, Inc., and Mattern and Craig, P. C., in following the
billing procedure, offer reasonable manhour pay rates and an acceptable
cost ceiling; that the Federal Highway Administration has enacted new
regulations on bridge ratings and scour evaluations; that since the
Highway Department now requires the new ratings and scour evaluations,
the City must comply; and over 65 percent of the negotiated cost can be
attributed to load ratings ($79,950.00) and five per cent can be
attributed to scour evaluations ($6,150.00).
The City Manager recommended that Council award an engineering
services reimbursement, with cost ceiling contract, in forms subject to
approval by the City Attorney, to Hayes, Seay, Mattern and Mattern,
Inc., and Mattern and Craig, P. C., in amounts not to exceed $58,800.00
and $65,000.00, respectively, with funding from the General Fund
Contingency, Account No. 001-002-9410-2199, and the Airport Con, his-
sion, Fees for Professional Services, Account No. 004-056-4401-2010.
m
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29736-82889) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 345.)
ACTZON: Mr. Bowers moved the adoption of Ordinance No. 29736-82889. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick-- 6.
NAYS: None- O.
(Mayor Taylor was absent.)
Mr. Bowers offered the follov, tng energency Ordinance:
ACTION:
(#29737-82889) AN ORDINANCE authorizing the City Manager to enter
into engineering services reimbursement with cost ceiling contracts
with certain engineering firms, providing for the performance of cer-
tain bridge inspection services; rejecting certain other proposals, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 346.)
Mr. Bowers moved the adoption of Ordinance No. 29737-82889. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick 6.
NAYS: None .................................
Oe
(Mayor Taylor was absent.)
358
ACTION:
ACTION:
BUDGET-EMERGENCY SERVICES-GRANTS: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that a
current hazardous materials vehicle was purchased with state funds and
placed into operation in May 1983; that the Virginia General Assembly
appropriated $80,000.00 out of 1989-90 disaster operations for a new
hazardous materials vehicle to be located with the Level III Haz Mat
Team in the City of Roanoke; and funding, in the amount of $80,000.00,
was received on August 8, 1989, to purchase a new hazardous materials
vehicle.
It was further advised that specifications are being developed by
the Fire Department and Emergency Services for a 199D cargo vehicle for
the purpose and will be mailed to prospective suppliers according to
the City's established bid procedures; that further specifications will
be written for interal cabinetwork for storage, electrical requirements
and other amenities as required for Level III hazardous material
responses; and unexpended funds, if any, must be returned to the State
Department of Emergency Services.
The City Manager reconmnended that Council accept the grant, in the
amount of $80,000.00, from the State Department of Emergency Services
for the purchase of a new hazardous materials emergency response
vehicle; that he or his designee be authorized to execute required
documents to accept the grant; and appropriate $80,000.00 to an account
to be established by the Director of Finance for the grant, and
increase the revenue estimate in the Grant Fund by the same amount.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29738-82889) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 346.)
Mr, Musser moved the adoption of Ordinance No. 29738-82889. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick .6.
NAYS: None .......
(Mayor Taylor was absent.)
Mr. Musser offered the following Resolution:
(#29739-82889) A RESOLUTION authorizing the acceptance of a grant
made to the City of Roanoke by the Virginia Department of Emergency
Services for the purchase of a new hazardous materials vehicle and
authorizing the acceptance, execution and filing of all appropriate
documents to obtain such grant.
(For full text of Resolution, see Resolution Book No. 51, page 347.)
Mr. Musser moved the adoption of Resolution No. 29739-82889. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick 6.
NAYS: None ........
(Mayor Taylor was absent.)
BUDGET-CLEAN VALLEY COMMITTEE-GRANTS: The Assistant City Manager
submitted a written report on behalf of the City Manager advising that
Council adopted Resolution No. 29575 on May 22, 1989, designating the
Clean Valley Council to develop a coordinated litter control program
for the entire Roanoke Valley and authorizing the Clean Valley Commit-
tee to apply for certain grant funds from the Con~nonwealth for opera-
tion of such program; that the litter control grant was approved by the
359
ACTION:
ACTION:
Department of Waste Management, Division of Litter Control and Recy-
cling, on July 25, 1989; and the City has received grant funds, in the
amount of $8,101.00, from the Department of Waste Management.
The City Manager recommended that Council appropriate $8,101.00 to
an account to be established by the Director of Finance in the Grant
Fund for transfer to the Clean Valley Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29740-82889) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 348.)
Mr. Garland moved the adoption of Ordinance No. 29740~82889. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick--- 6.
NAYS: None ....
(Mayor Taylor was absent.)
CIVIC CENTER: The Assistant City Manager submitted a written
report on behalf of the City Manager advising that bids for the eleva-
tor for handicapped and related uses at the Civic Center Auditorium
were received by Council on March 13, 1989, with eight bids having been
opened and read aloud; that the low bid submitted by Gardner-Smith,
Inc., in the amount of $160,600.00 and 150 consecutive calendar days
was authorized by Council at its meeting on March 27, 1989; that in re-
routing ductwork on the Exhibit Hall level to clear the area for the
new elevator shaft, it was determined that the duct was insulated
inside with asbestos insulation; and insulation applied to the inside
of the ducts also serves as sound insulation.
It was further advised that to proceed with the work in a timely
fashion, the contractor notified his asbestos removal sub-contractor to
construct the required containment structure and proceed with the work
on a cost-plus basis which was one of the methods specified for addi-
tional work to the contract; and the cost of said work is as follows:
Analyzing sample of insulation to
determine that asbestos fibers were
present.
$ 215.00
Proper removal of the insulation.
5,598.00
Total $5,813.00
The City Manager recon~nended that Council approve Change Order
No. I to the contract with Gardner-Smith, Inc., in the amount of
$5,813.00, and no additional contract time.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29741-82889) AN ORDINANCE approving the City Manager's issuance
of Change Order No. I to the City's contract with Gardner-Smith, Inc.,
for installation of an elevator at the Civic Center; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 348.)
Mrs. Bowles moved the adoption of Ordinance No. 29741-82889. The
motion was seconded by Mr. Bowers and adopted by the following vote:
360
ACTION:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick ............ 6.
NAYS: None ......
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
BUDGET: The Director of Finance submitted a written report
advising that pursuant to requirements established by Ordinance No.
26292, adopted by Council on December 6, 1982, establishing a Reserve
for Capital Improvements and Capital Maintenance and Equipment
Replacement (CMERP), the amount designated for fiscal year 1989 is
$5,257,947.00, leaving no undesignated funds at year end; that in order
to have fulfilled the objective pursuant to Ordinance No. 26292, the
sum of $6,270,191.00 would have had to be available before having any
undesignated funds, and this year's Capital Maintenance and Equipment
Replacement Program represents 3.7% of the General Fund budget compared
to 3.8% last fiscal year.
The Director of Finance further advised that he hoped the brief
analysis contained in his report provided Council with an insight of a
year gone by, and reiterated that the above figures were unaudited and
subject to change and were being released to Council for planning pur-
poses only; and audited figures would be available in late September at
which time a report would be forthcoming so that Council would be in a
position to take whatever actions are deemed necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted.
Mr. Musser requested that the Director of Finance provide Council.
with a total figure setting forth expenditures for the past two months
of fiscal year 1989-90 of non-budgeted items. He stated that he was
not in any way suggesting that the expenditures were not valid,
however, the figure of $5,257,947.00 of funds remaining at the end of
the fiscal year, as compared to that which was budgeted, may be higher
if the two figures were compared. He reiterated that he was not asking
for a detailed breakdown of expenditures on City or School items, but a
total number figure to be used only for comparison purposes.
Mr. Musser further requested that the Director of Finance review
the matter of a two cents reduction in the real estate tax rate,
thereby reducing the rate to $1.23 per $100.00 of assessed value. He
explained that in a comparison of 15 cities in Virginia, nine have a
lower real estate tax rate than Roanoke. Ne added that in reviewing a
report of tile Director of Finance, he noticed that two of the City's
primary taxes, personal property and business license taxes, show reve-
nues above tile 1988-89 figure and approximately $500,000.00 above the
1989-90 budget figure. He pointed out that the City has money above
and beyond the revenue estimate for fiscal year 1990 on a stable reve-
nue, and requested that the Director of Finance report to Council with
regard to a two cents reduction in the real estate tax rate.
Question was raised with regard to administrative problems that
could be encountered by the City Treasurer and/or the Director of
Finance if the real estate tax rate were changed prior to the end of
the fiscal year; whereupon, Mr. Gordon E. Peters, City Treasurer,
advised that tax bills, in the amount of $30 million were mailed on
Thursday, August 24, 1989, for approximately 43,000 parcels of real
estate in the City which included tax bills that were mailed to indivi-
dual homeowners; well as escrow companies. Ne stated that payments
have been made at a rate of $1.25 per $100.00 of assessed value; that
some individuals have paid the first installment on real estate taxes
which is due by October 5, and some homeowners have paid the full
amount of taxes assessed for the entire year. He advised that if the
tax rate is changed before the end of the fiscal year, administrative
problems would exist with regard to issuing refunds to those indivi-
duals who have already paid their taxes or exonerations would have to
ACTION:
ACTION:
ACTION:
be issued by the Commissioner of Revenue. lie called attention to the
need for printing new tax tickets, vartous computer entries and manual
adjustments, rebilltng, postage, etc., at an estimated cost of between
$90,000.00 and $100,000.00. He stated that he could foresee a number
of administrative problems if the real estate tax rate were changed
before the end of the fiscal year.
The Director of Finance was asked to respond to any problems his
office would encounter if the real estate tax rate were reduced prior
to the end of the fiscal year, whereupon, Mr. Schlanger advised that
his office would not be affected administratively if the tax rate were
changed.
Following discussion, Mr. Musser advised that he had earlier asked
that the matter be referred to the Director of Ftnance for report;
however, Council did not seem to be of a mind to act accordingly;
therefore, he moved that the matter of reducing the real estate tax
rate by two cents, thereby establishing a real estate tax rate of $1.23
per $100.00 of assessed value, be referred to the City Manager, the
Director of Finance and the City Treasurer for implementation. The
motion was seconded by Mr. Bowers.
Mr. Garland offered a substitute motion that the matter of
reducing the real estate tax rate by two cents be referred to the City
Manager, the Director of Finance and the City Treasurer for study,
report and recommendation to Council.
The Vice-Mayor called for a second to the substitute motion.
There being none, he declared the substitute motion lost.
The original motion, offered by Mr. Musser, seconded by Mr.
Bowers, to implement a two cents reduction in the real estate tax rate,
thereby establishing a rate of $1.23 per $100.00 of assessed value, was
lost by the following vote:
AYES: Council Members Bowers and Musse, ............
NAYS: Council Members Bowles, Garland, Trout and Vice-Mayor
Fi tzpatrtck ............. 4.
(Mayor Taylor was absent.)
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council Me,er Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for Williamson Road Storm Drain, Phase 2, Contract I-F, Right
Segment, presented a written report on behalf of the committee, recom-
mending that Council authorize the following:
Award a unit price contract to Aaron J. Conner,
General Contractor, Inc., in the amount of
$776,269.35, in a form acceptable to the City
Attorney.
EstabltsiJ a ten percent contingency fund for the
project, in the amount of $77,626.93.
Transfer or appropriate the following funds to a
new project account established by the Director of
Finance entitled, Wtlltamson Road Storm Drain,
Phase 2, Contract IF, Right Segment:
Appropriate from Sewer Fund Retained Earnings,
in the amount of $42,323.60.
Transfer from the 1988 Series Public
Improvement Bonds, Storm Dratn Category,
Account No. 008-052-9603-9176, in the
amount of $811,572.68.
The combined appropriated and transferred funds to
include $776,269.35 contract amount and $77,626.93
contingency amount.
Reject all other bids received.
362
ACTION:
ACTION:
The City Manager submitted a written report concurring in the
recommendations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29742-82889) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Sewage and Capital Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 349.)
Mr. Garland moved the adoption of Ordinance No. 29742-82889. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick 6.
NAYS: None .......
(Mayor Taylor was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29743-82889) AN ORDINANCE accepting the bid of Aaron O. Conner,
General Contractor, Inc., for construction of Williamson Road Storm
Drain Phase 2, Contract IF, Right Segment, upon certain terms and con-
ditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 350.)
Mr. Garland moved the adoption of Ordinance No. 29743-82889. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick 6.
NAYS: None ........
(Mayor Taylor was absent.)
.0.
BUDGET-COURTS FACILITY: Council Member Robert A. Garland, Chair-
man of a committee appointed by the Mayor to tabulate bids received for
roof replacement on the Third Street Annex and the Knights of Pythias
building, presented a written report on behalf of the con~nittee, recom-
mending that Council authorize the City Manager to execute a contract
with Valley Roofing Corporation; in accordance with contract documents
as prepared by the City Engineer's Office, in the combined amount of
$45,240.00 and 29 consecutive calendar days; authorize the Director of
Finance to transfer and encumber $50,000.00 from Maintenance Fixed
Asset Contingency, Account No. 001-002-9410-2201, to Building
Maintenance, Account No. 001-052-4330-3056, for the project, with any
left over funds after the project is completed to be released in the
same account; and that all other bids received be rejected.
The City Manager submitted a written report concurring in the
reconmmndations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29744-828B9) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 350.)
363
m
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Garland moved the adoption of Ordinance No. 29744-82889. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick .6.
NAYS: None ........
(Mayor Taylor was absent.)
Mr. Garland offered the following emergency Ordinance:
(~29745-82889) AN ORDINANCE accepting the bid of Valley Roofing
Corporation for construction of roof replacement on the Third Street
Annex and bid Alternate No. 1 (replacement of roof on the former
Knights of Pythias Building), upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 351.)
Mr. Garland moved the adoption of Ordinance No. 29745-82889. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
AUDIT-MUNICIPAL AUDITOR: Council Member David A. Bowers, Chairman
of the Audit Con~nittee, presented the Annual Report of the Audit
Committee of the City of Roanoke for the fiscal year ended June 30,
1989.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. Bowers moved that the report be received and filed.
motion was seconded by Mr. Trout and adopted.
The
RADIO-TELEVISION: Council Member Howard E. Musser, Chairman of
the Roanoke Regional Cable Television Con~nit%ee, presented a written
report on behalf of the committee, reconmmnding authorization to con-
duct three separate public hearings, one in each of the jurisdictions
(Roanoke City, Roanoke County and the Town of Vinton), to solicit com-
ments with regard to the proposed renewal of the cable television
franchise currently held by Cox Cable Roanoke, Inc.
The City Manager submitted a written report concurring in the
reconmmndation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#29746-82889) A RESOLUTION authorizing the Roanoke Regional
Cable Television Committee to conduct one or more appropriate hearings
on behalf of the City with regard to the proposed renewal of the cable
television franchise held by Cox Cable Roanoke, Inc.
(For full text of Resolution, see Resolution Book No. 51, page 352.)
Mr. Musser moved the adoption of Resolution No. 29746-82889. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick. .6.
NAYS: None ....... O.
(Mayor Taylor was absent.)
Mr. Musser moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Trout and adopted.
364
ACTION:
SPECIAL PERMITS-CITY PROPERTY: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, advising that Council is authorized
to grant revocable licenses for erection of canopies in and over public
sidewalks; and the Building Commissioner has authority to ~evtew and
approve plan for erection of canopies in and over sidewalks, pursuant
to Chapter 27.1-2 (3) (Al, of the Code of the City of Roanoke (1979),
as amended.
The Water Resources Committee recommended that Council authorize a
revocable license to Virginia Restaurant Group, lessee of property at
617 South Jefferson Street, for erection of two canopies, one 11 feet
over the public sidewalk and one 2 ft. 6 in. over the sidewalk, as pro-
posed in certain plans and in accordance with Chapter 27.1-2 (3) (Al,
of the Code of the City of Roanoke (1979), as amended, and Section
15.1-376, of the Code of Virginia (1950), as amended, with provisions
for appropriate public liability insurance and requiring the licensee
to indemnify and hold the City harmless from damages, in a form subject
to approval by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29747) AN ORDINANCE granting revocable licenses for the
construction of certain building appendages encroaching over and into
the right-of-way of the public sidewalk located at 617 South Jefferson
Street, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 353.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick .6.
NAYS: None ........
.0.
(Mayor Taylor was absent.)
SALE/PURCHASE OF PROPERTY-CITY PROPERTY-SPECIAL PERMITS: Council
Member Elizabeth T. Bowles, Chairman of the Water Resources Com~ntttee
presented a written report on behalf of the committee, recommending
that Council authorize appropriate City officials to execute certain
leases proffered by Lamar Advertising Company for signs on property
described as Official Tax Nos. 4010112 and 4010113, in accordance with
certain conditions.
A report of the City Manager advising that downtown development
plans involve the acquisition of properties in the block east of
Jefferson Street and between Salem Avenue, S. E., and the Hunter
Viaduct; that property of Joseph H. Milan, Jr., Ellis H. Milan and
Herbert H. Milan (Milan Brothers), described as Lots 22 and 23,
Block 5, Roanoke Land and Improvement Company, Official Tax Nos.
4010112 and 4010113, a parking lot which will be acquired, has adver-
tising signs belonging to Lamar Advertising Company situated thereon;
and Lamar Advertising Company has requested permission to continue
their lease for the sign structure, containing sign faces Nos.
481 - 4B4, respectively, on a month-to-month basis until the lot is
needed for development, with the form of lease to be approved by the
City Attorney.
The City Manager recommended that Council authorize execution of
the leases proffered by Lamar Advertising Company for the above-
described signs.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
ACTION:
ACTION:
ACTION:
365
(#29748) AN ORDINANCE authorizing the leasing of a portion of
certain property to be acquired by the City and bearing Official Tax
Nos. 4010112 and 4010113, to the Lamar Corporation, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 354.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick ........ 6.
NAYS: None .............
-0.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 29704-82889 permanently
vacating, discontinuing and closing two public alleys situated between
Jerome Street and Bennington Street, S. E., pursuant to Section
15.1-482(b), Code of Virginia (1950), as amended, having previously
been before the Council for its first reading on Monday, August 14,
1989, read and adopted on its first reading and laid over, was again
before the body, Mr. Bowers offering the following for its second
reading and final adoption:
(#29704-82889) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 338.)
Mr. Bowers moved the adoption of Ordinance No. 29704-82889. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick .......... 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
STREETS AND ALLEYS: Ordinance No. 29705-82889 permanently
vacating, discontinuing and closing a public alley, extending from
Fourth Street to Albemarle Avenue, S. W., having previously been before
the Council for its first reading on Monday, August 14, 1989, read and
adopted on its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adoption:
(#29705-82889) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 339.)
Mrs. Bowles moved the adoption of Ordinance No. 29705-82889. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick 6.
NAYS: None ....... O.
(Mayor Taylor was absent.)
366
ACTION:
ACTION:
ACTION:
ZONING: Ordinance No. 29706-82889 rezoning a tract of land con-
taining 0.81 acre, more or less, located in the 2900 block of Epperly
Avenue, N. W., described as Block 1, Lots 19 - 21, respectively,
Official Tax Nos. 2160612 - 2160614, respectively, being one lot behind
Willtamson Road, from RS-3, Residential Single Family District, to
RM-2, Residential Multi-Family, Medium Density District, having pre-
viously been before tile Council for its first reading on Monday, August
14, 1989, read and adopted on its first reading and laid over, was
again before the body, Mr. Garland offering the following for its
second reading and final adoption:
(#29706-82889) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 216, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 340.)
Mr. Garland moved the adoption of Ordinance No. 29706-82889. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick ........ 6.
NAYS: None .........
(Mayor Taylor was absent.)
ZONING: Ordinance No. 29707-82889 rezoning a tract of land lying
at the northwesterly intersection of Shenandoah Avenue and 30th Street,
N. W., being 502 - 30th Street, identified as Official Tax No. 2520114,
from LM, Light Manufacturing District, to HM, Heavy Manufacturing
District, having previously been before the Council for its first
reading on Monday, August 14, 1989, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#29707-82889) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 252, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 341,)
Mrs. Bowles moved the adoption of Ordinance No. 29707-82889. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick 6.
NAYS: None .......... O.
(Mayor Taylor was absent.)
SPECIAL PERMITS: Ordinance No. 29709-82889 granting to the
Vietnam Veterans of America, Chapter #81, a revocable permit to mount
certain flags on street lighting poles in the Central Business District
of the City, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, August 14, 1989,
read and adopted on its first reading and laid over, was again before
the body, Mr. Bowers offering the following for its second reading and
final adoption:
(#29709-82889) AN ORDINANCE granting to the Vietnam Veterans of
America, Chapter #81, a revocable permit to mount certain flags on
street lighting poles in the Central Business District of the City,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 342,)
Mr, Bowers moved the adoption of Ordinance No. 29709-82889. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
367
m
m
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick ........................... 6.
NAYS: None ................................
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND NEMBERS OF COUNCIL:
INDUSTRIES-MISCELLANEOUS: Council Member Trout advised that
recently, USA Today published the results of a poll conducted by Money
Magazine 1-~sting certain desirable attributes of approximately 300
cities in America, and the number one City selected by the magazine was
Seattle, Washington, with Roanoke, Virginia, ranking 210 out 300 cities
by readers with a median income of $42,000.00 and a median age of 41
years. He noted that last year Roanoke was ranked at 227. He stated
that also included was Lynchburg at 208 and Richmond at 148. He
advised that copies of the article would be furnished to each member of
Council for their information. He pointed out that inasmuch as Roanoke
was ranked in the 200 bracket with some very prestigious cities, it was
~o§sible that if the City continues its economic development efforts
!and its.exposure nationally, the City of Roanoke could move up through
t~he..200', bracket..Aext year.
· ; .~.1~,. :
~ SCHOOLS: Council Member Bowers called attention to an article
that appeared recently in the Roanoke Times & World-News in which it
was reported that Grandin Court Elementary School could be used by day
as an elementary school for 200 students but the same school did not
meet required state rules and regulations to be used after school as a
day care center which would be sponsored and operated by the YMCA. He
expressed concern inasmuch as it was the goal of the YMCA to establish
the day care center by the September 5, 1989, opening date of school.
He also expressed concern over the plight of approximately 20 mothers
in the Grandin Court area who had intended to enroll their children in
the after school day care program. He stated that after conferring
with the Assistant City Manager, he had hoped that the issue could be
resolved, and inquired as to why there should be more stringent
requirements for use of a public school for after school day care ser-
vices than there are for normal school hours.
Ms. Anne Spencer Staley, 2819 Corbieshaw Road, S. W., appeared
before Council and advised that she intended to enroll her child in
the after school day care center at Grandin Court Elementary School.
She stated that she was appealing to Council and to the School Board
to resolve the situation. She advised that more single parents are
returning to the workforce and day care in the Roanoke Valley is not
adequate to keep up with the growing number of working parents. She
advised of the increasing number of "latch key" children, and pointed
out that the after school day care center would offer an alternative
and could serve as a pilot project for other schools that may be more
in need of this type of program. She called attention to less liabi-
lity on the part of the school system as far as transporting children
to and from school inasmuch as parents participating in the program
provide the necessary transportation. She pointed out that the after
school day care program could set a precedent for the entire state.
The Assistant City Manager advised that he was working with School
and City officials as well as YMCA officials in order to reach a
postive solution to the dilen~na while keeping in mind the September 5
school opening date. He pointed out that school regulations and day
care regulations fall within different categories although the same
facility is being used. He stated that he would continue to address
the matter, working in concert with regulatory authorities of the
state, school officials, City staff and the City Attorney's Office in
order to resolve the problem prior to September 5, 1989.
ACTION:
Mr. Bowers moved that the matter be referred to the City Manager
for the purpose of working out a satisfactory solution to the problem,
if possible. The motion was seconded by Mr. Musser and adopted. In
the event that the situation could not be resolved, Mr. Bowers asked
that the matter be included in the City's 1989 Legislative Program for
consideration by the City's delegation to the General Assembly.
368
OTHER HEARINGS OF CITIZENS: NONE.
ACTION:
Mr. Musser moved with respect to the Executive Session Just
concluded, that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act and (2) only such public business matters as were iden-
tified in any motion by which any Executive Session was convened were
heard, discussed or considered by City Council. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick ........ 6.
NAYS: None .......
(Mayor Taylor was absent.)
There being no further business, the Vice-Mayor declared the
meeting adjourned at 4:10 p.m.
ATTEST:
City Clerk
APPROVED
Vice-Mayor
369
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 11, 1989
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, September 11, 1989, at 7:30 p.m., the regular
meeting hour, with Vice-Mayor Beverly T. Fitzpatrick, Jr., presiding, pursuant
to Rule 1, Regular Meeting)s, of Section 2-15, Rules of Procedure, Code of the
City of Roanbke (1979), as amended.
PRESENT: Council Members Elizabeth T. Bowles, Robert A. Garland,
Howard E. Musser, James O. Trout, David A. Bowers and Beverly T. Fitzpatrick,
Jr.- ......... 6.
ABSENT: Mayor Noel C. Taylor ...........
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibltng, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Lance K. Knowles,
Retired Minister.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Fitzpatrick.
ACTION:
ACTION:
BID OPENINGS:
CITY INFORMATION SYSTEMS: Pursuant to notice of advertisement for
bids for an uninterruptible power system and related work for City
Information Systems, said bids to be received by the City Clerk until
4:30 p.m., on Monday, September 11, 1989, and to be held, opened and
read before the Council at 7:30 p.m., on that date, or as soon
thereafter as the matter may be heard, the Vice-Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Vice-Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Varney Electric Company, Inc.
Fischer Electrical Construction,
Inc,
Davis H. Elliott Company, Inc.
Jarrett Electric Company, Inc.
$84,500.00
85,989.00
(Deduct $4,000.00
from Base Bid)
86,660.00
94,419.00
(Deduct $2,415.00
from Base Bid)
Mr. Musser moved that the bids be referred to a co~ittee to be
appointed by the Vice-Mayor for tabulation, report and recomnendatton
to Council. The motion was seconded by Mr. Trout and adopted.
The Vice-Mayor appointed Robert A. Garland, Chairman, George C.
Snead, Jr., and William F. Clark as members of the committee.
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for replacement of treatment equipment and appurtenances at the Falling
Creek Water Plant, said bids to be received by the City Clerk until
4:30 p.m., on Monday, September 11, 1989, and to be held, opened and
read before the Council at 7:30 p.m., on that date, or as soon
thereafter as the matter may be heard, the Vice-Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Vice-Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
370
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
Acorn Construction, Ltd.
Boxley Construction Company
Haren Construction Company, Inc.
The William G. Simmons Company
Breakell, Inc.
$1,229,000.00
1,258,000.00
1,323,000.00
1,347,000.00
1,400,000.00
(Deduct $50,000.00
from Base Bid)
Mr. Musser moved that the bids be referred to a con~nittee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
to Council. The motion was seconded by Mr. Trout and adopted.
The Vice-Mayor appointed Robert A. Garland, Chairman, William F.
Clark and Kit B. Kiser as members of the committee.
PUBLIC HEARINGS:
SALE/PURCHASE OF PROPERTY-FLOOD CONTROL/REDUCTION: Pursuant to
motion adopted by Council on Monday, August 28, 1989, the City
Clerk having advertised a public hearing for Monday, September 11,
1989, at 7:30 p.m., or as soon thereafter as the matter may be heard,
on the proposed Roanoke River Flood Reduction Project, a needed per-
manent public improvement, including channel widening, construction of
protective dikes or berms in critical areas, flood proofing of certain
buildings at the Sewage Treatment Plant, replacement of low water
bridges, construction of a recreational trail and acquisition and
construction of a flood warning system, the matter was before the body.
Legal advertisement of the public hearing was published in the
Roanoke Times & World-News on Sunday, September 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager advised that the public hearing is the first step
in the formal process to acquire the land, easements and rights-of-way
needed for the Roanoke River Flood Reduction Project; that a report of
need and recommendation was considered by Council on August 28, 1989,
and Council at that time established this meeting as the public hearing
date; and the notice of the public hearing was advertised in The
Roanoke Times & World-News on August 31, 1989. He stated that Roan~
'citizens approved thi~ project by referendum vote on April 11, lg89;
and acquisition of land, easements and rights-of-way was the respon-
sibility of the local sponsor, the City of Roanoke. He further stated
that final general design memorandum maps, similar in most instances to
the preliminary general design memorandum maps used in most of the
public meetings, were available in the Council's Conference Room for
review either now or later by interested parties. He explained that
the rights-of-way lines for acquisition shown on the final general
design maps is the City's best available information and as the Corps
of Engineers proceeds further along in the design process, Corps and
City staff will agree on the final rights-of-way lines, most of which
will be to establish perpetual easements for the project. He advised
that City employed survey consultants will then perform the final sur-
vey and prepare plats and appraisals, with the fair market value on the
necessaryproperty to be acquired. He further advised that property
rights needed for the project will be requested to be donated, but
eventually will be acquired by the proper legal means; viz: donation,
purchase or condemnation. He pointed out that at the end of the
meeting, precisely Item 8A on the agenda, Council would be requested to
take final and formal action through the adoption of the second reading
of appropriate ordinances to authorize the acquisition of the property
and to authorize access to the property acquired by the Corps of
Engineers and their agents,
The Vice-Mayor inquired if there were persons present who would
like to address Council with regard to the matter, lhere being none,
he advised that action on the matter would take place under Agenda Item
SA. (See page 389.}
m
ACTION:
ACTION:
ACTION:
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form or forms listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He called
specific attention to four requests for Executive Sessions to discuss
personnel matters relating to vacancies on various authorities, boards,
commissions and committees appointed by Council; acquisition of real
properties for public purposes and disposition of publicly held pro-
perty, specifically acquisition and disposition of such properties for
use in connection with industrial development projects; acquisition of
real property for public purpose, specifically acquisition of property
for construction of a public building; and specific legal matters
requiring the provision of legal advice by counsel, being the terms and
conditions of a contract.
COUNCIL: A communication from Vice-Mayor Beverly T. Fitzpatrick,
Jr., requesting an Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (A) (1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Vice-
Mayor to convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (A) (1),
Code of Virginia (1950), as amended. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............................. 6.
NAYS: None ..................................
O®
(Mayor Taylor was absent.)
COUNCIL: A report of the City Manager requesting that Council
meet in Executive Session to discuss a matter regarding acquisition of
real properties for public purposes and disposition of publicly held
property, specifically acquisition and dispesttion of such properties
for use in connection with industrial development projects, pursuant to
Section 2.1-344 (A) (3), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter )~garding
acquisition of real properties for public purposes and disposition of
publicly held property, specifically acquisition and disposition of
such properties for use in connection with industrial development pro-
jects, pursuant to Section t.1-344 (A) (3), Code of Virginia (1950), as
amended. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............................................... 6.
NAYS: None ................
(Mayor Taylor was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
August 28, 1989, was before Council.
(See pendtng li st on file in the City C1 erk' s Of fi ce. )
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
371
372
ACTION:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ......................... 6.
NAYS: None ..........
(Mayor Taylor was absent.)
COUNCIL: A report of the City Manager requesting that Council
meet in Executive Session to discuss a matter regarding acquisition of
real property for public purpose, specifically acquisition of property
for construction of a public building, pursuant to Section 2.1-344 iA)
(3), Code of Virginia (1950), as amended, and to discuss specific legal
matters requiring the provision of legal advice by counsel, being the
terms and conditions of a contract, pursuant to Section 2.1-344
iA) {7), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a ~tter regarding
acquisition of real property for public purpose, specifically acquisi-
tion of property for construction of a public building, pursuant to
Section 2.1-344 iA) (3), Code of Virginia (1950), as amended, and to
discuss specific legal matters requiring the provision of legal advice
by counsel, being the terms and conditions of a contract, pursuant to
Section 2.1-344 iA) (7), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............................................... 6.
NAYS: None ..................................
.0.
(Mayor Taylor was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC b~TTERS:
SALE/PURCHASE OF PROPERTY-PARKING GARAGE: A request of Messrs.
Roland H. and Richard H. Macher, representing Relish Realty to present
information regarding condemnation of the former A & P Building located
at 28 East Salem Avenue, was before Council.
The City Manager advised that he was pleased to report that an
agreement had been reached with the owners of the former A & P
building, 28 East Salem Avenue, Messrs. Richard and Roland Macher, with
regard to an equitable settlement for acquisition of the property. He
explained that he had publicly stated that he had negotiated a fair
market appraised value of $425,000.00 for the property which the owners
had accepted and pointed out that subsequent to the closing, which is
targeted for October 20, 1989, he had informed the Machers and the
current tenants of the building that they could remain on the premises
for up to nine months from the closing date in order to assure a smooth
transfer of the businesses from the current location to the former
Wright Furniture Company building. He pointed out that during the nine
months of occupancy, the Machers have agreed to provide the appropriate
insurance certificate to the City and also during the nine month
period, the Machers intend to remove the facade from the A & P building
to be used on the former Wright Furniture Company building, pursuant to
approval by the Architectural Review Board. Ne explained that a con-
cept of tax free exchange had been agreed to on the property as long as
it is accomplished at no cost or additional expense to the City and
causes no delay in the closing. He called attention to measures that
were prepared by the City Attorney to finalize the abovestated actions
and recommended them to Council for favorable consideration.
Mr. Trout offered the following emergency budget Ordinance:
(#29749-91189) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Capital Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 355.)
ACTION:
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 29749-91189. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ...... 6.
NAYS: None ................................
(Mayor Taylor was absent.)
Mr. Trout offered the following emergency Ordinance:
(#29750-91189) AN ORDINANCE amending Ordinance No. 29565 pro-
viding for the acquisition of real estate needed by the City for the
construction of a public parking facility, public plaza, and other
improvements; authorizing the City Manager to execute a contract for
the purchase of certain real estate; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 356.)
Mr. Trout moved the adoption of Ordinance No. 29750-91189. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ................................................ 6.
NAYS: None ......................
(Mayor Taylor was absent.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29751-91189) AN ORDINANCE authorizing and directing the proper
City officials to permit Relish Realty, a Virginia partnership, to use
certain propprty to be purchased by the City, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 375.)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick .......................... 6.
NAYS: None ................
(Mayor Taylor was absent.)
PETITIONS AND COb~4UNICATIONS:
BUDGET-SCHOOLS: A con~nunication from the Roanoke City School
Board requesting appropriation of an additional $1,000,000.00 for reno-
vation of Oakland Elementary School, advising that a Literary Fund
Loan, in the amount of $1,000,000.00, has been approved with the loan
application having been approved by City Council on April 24, 1989; and
further requesting appropriation of funds to the following school
grants:
Grant No. 6126 - $234,659.00 for the Chapter I
Carryover Program to utilize the
balance of the fiscal year 1988-89
Chapter I allocation to defray
fiscal year 1989-90 Chapter
costs. The program will be reim-
bursed one hundred percent by
federal funds.
373
374
Grant No. 6127 - $2,151,750.00 for the Chapter I
Winter Program to provide remedial
reading, language arts, and mathe-
matics instruction for students in
targeted schools. The program
will be reimbursed one hundred
percent by federal funds.
Grant No. 6418 - $259,490.00 for the Alternative
Education Program to provide
instruction and guidance services
to secondary level students who
are at risk of leaving school due
to marginal academic achievement,
low or unrealistic self-concept,
or a poor understanding of the
academic preparation required to
achieve their career interests.
The program will be funded by
federal funds in the amount of
$74,992.00 and a local match of
$184,498.00.
Grant No. 6419 - $35,000.00 for the Vocational
Education Teen Mothers Program to
provide vocational instruction to
twenty students. The program will
be reimbursed one hundred percent
by federal funds.
Grant No. 6577 - $2,760.00 for the Special
Education Program to provide for
the purchase of equipment devices
to be used with students who are
hearing impaired. The program
will be reimbursed one hundred
percent ~v federal funds.
Grant No. 6578 - $1,287.00 for the Special
Education Interpreter Training
Program to provide for the cost of
training qualified interpreters
for the hearing impaired. The
program will be one hundred per-
cent reimbursed by federal funds.
Grant No. 6579 - $200,000.00 for the Special
Education Tuition Program to pro-
vide funding for the placement of
special education stude,lts at the
direction of the State Department
of Education. The program will be
reimbursed one hundred percent by
state funds.
Grant No. 6952 - $53,169.00 for the In~)act Aid
Program to provide funds for the
continuing en~)loyment of the
Coordinator of Grants and
Research. The program will be
reimbursed one hundred percent by
federal funds.
Grant No. 6953 - $30,575.00 for the Grants
Management Program to provide
clerical services for t~e Office
of Grants and Development. The
program will be reimbursed one
hundred percent by federal funds.
ACTION:
Grant No. 6954 - $212,882.00 for the Project YES
(Youth Experiencing Success)
Program to identify, assess, eva-
luate and provide assistance for
at-risk sixth and ninth grade stu-
dents who are potential dropouts.
The program is one hundred percent
state funded.
Grant No. 6955 - $52,347.00 for the Drug Free
Schools Program for 1989-90 to
provide training workshops and
materials for the operation of a
community-wide alcohol and drug
prevention program. The program
will be reimbursed one hundred
percent by federal funds.
(For full text, see co~nunciation on file in the City Clerk's Office.)
The Director of Finance submitted a written report advising that
funding for the Literary Loan Fund was approved by Council on April 24,
1989, pursuant to Resolution No. 29526; that ten of said school grants
are one hundred per cent Federal or State funded; that the Alternative
Education Grant requires a local match of $184,498.00; that funding for
the local match is available in the Instruction Category of the General
Fund Education budget in Matching Funds, Account No. 001-060-6001-6400-
0588, in the amount of $134,118.00, and Health Insurance, Account No.
001-060-6001-6200-0204, in the amount of $50,380.00; and recommended
that Council concur in the request of the School Board, was also before
the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29752-91189) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General, Capital Projects, and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 356.)
Mr. Bowers moved the adoption of Ordinance No. 29752-91189. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............................................... 6.
NAYS: None .................................
(Mayor Taylor was absent.)
BUDGET-CITY SHERIFF: The City Sheriff submitted a written report
advising that in 1987, Governor Gerald Baliles initiated a Literacy
Program for inmates incarcerated in the Virginia Department of
Corrections, which program was intended to reduce recidivism among
inmates by encouraging them to obtain a General Education Diploma
(G.E.D.) level of education and thereby increase their abilities to
obtain job~ once released from custody; that in fiscal year 1988-89,
limited grant funds were made available to local jails through the
Department of Correctional Education to initiate and/or augment
established educational programs for inmates at the local level; and
the Roanoke City Jail applied for and received grant funds to employ a
part-time teacher to initiate a program for inmates in the City Jail.
It was further advised that during its 35 weeks of operation in
fiscal year 198B-B9, 55 inmates participated in the program, in which
15 inmates received their G.E.D. certificates, three of which are still
waiting for test results, 11 are still in the program, and 16 were
transferred to the Department of Corrections prior to completing the
program; that on June 30, 1989, the program ended and the City Jail is
again relying on an all volunteer staff to operate the G.E.D. program.
375
376
ACTION:
It was explained that the City Jail presently has a G.E.D.
program, which is offered to the inmates incarcerated therein and uti-
lizes volunteer tutors recruited through St. Gerards Catholic Church
(Social Action Committee); that although the program has had limited
success, it does not sufficiently meet the needs of all of the inmates;
that because of the limited number of volunteer tutors, the requests
for program participation are not fully granted; that presently 11
inmates are participating in the all volunteer program, with 18 addi-
tional inmates on a waiting list; that volunteer tutors lack expertise
in the field of education, and the program also lacks stability, con-
tinuity and consistency due to the high turn over in volunteer tutors.
It was further explained that the Roanoke City School Division
requested and received funds for an "institutionalized adult plan",
which was submitted as part of the Annual Program Application for Adult
Education under the State Adult Literacy (Act of Appropriation,
Chapter 800) and Adult Education Act (P.L. 91-230 and amendments), to
serve inmates in the City Jail; that funds are administered by the
Adult Education Services of the State Department of Education through
local school divisions; that Federal funds, not to exceed the amount of
$10,045.00, have been approved to reimburse the City of Roanoke for g0%
of the total cost to hire a part-time teacher and to operate a G.E.D.
program in the Roanoke City Jail for 37 weeks; that the City of Roanoke
is required to provide a local ten percent cash match or $1,117.90 in
order for the Roanoke City Jail to participate in the program; and the
total cost of the program will be $11,162.00, which cost will not
exceed $10,045.00 from the State Department of Education, plus a
$1,117.00 local cash match.
The City Sheriff recommended that Council authorize the Director
of Finance to establish a revenue estimate in the Grant Fund, in the
amount of $10,045.00 in Federal funds, and $1,117.00 in local cash
match to be transferred from General Fund Contingency, Account No.
001-0D2-9410-2199; and appropriate $10,912.00 from Personal Services
and $250.00 from Operating Expenses in the General Fund, in the total
amount of $11,162.00.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29756-91189) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 364.)
Mrs. Bowles moved the adoption of Ordinance No. 29756-91189. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ...... 6.
NAYS: None .........
(Mayor taylor was absent.)
O®
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Fifth
District Employment and Training Consortium submitted the Fiscal Year
1990 Title II-A Implementation Strategy to the Governor's Employment
and Training Department on July 28, 1989; that the Consortium has been
authorized to operate a joint contract with the Roanoke City Department
377
II
ACTION:
of Social Services during fiscal year 1990, which contract offers job
club activities, career exploration, work experience, adult basic edu-
cation, General Education Development preparation, and Grant Diversion/
Project Trade activities to 262 eligible Roanoke City residents; and
the Project Literacy Grant, funded in fiscal year 1989, was continued
into fiscal year 1990 for the Alleghany Highlands area, in the amount
of $7,219.45.
It was furtl)er advised that the General Education Development's
Policy Guidance Memo No. 89-01, allowing for a maximum of 30 per cent
expenditures administratively for six per cent funds under Title II-A,
has been adjusted to reflect Program Year 1988 carry in funds; that
the City is the grant recipient for Consortium funding, and Council
must appropriate the funding for all grants the Consortium receives;
that the Governor's Employment and Training Department has sent to the
Consortium Notice of Award No. 90-03-1, in the amount of $868,403.00,
for program year beginning July 1, 1989, through June 30, 1990; and
the Roanoke City Department of Social Services and the Consortium have
entered into a contract, in the amount of $111,595.11, for Employment
Services and Grant Diversion/Project Trade activities.
It was explained that the Governor's Employment and Training
Department has authorized the continuation of the Project Literacy
Grant, in the amount of $7,219.45, which funding was previously
appropriated; that the Governor's Employment and Training Department
has revised NOA No. 88-333-1, in the amount of $97,894.00, to reflect
an increase in the administrative cost category for funding for
Title II-A, being transferred from fiscal year 1989 Program Year to
Fiscal Year 1990 Program Year; and the availability of all new funds
for the Fifth District Employment and Training Consortium totals
$979,998.00 for the year beginning July 1, 1989.
The City Manager recon~nended that Council appropriate the
Consortium's net funding adjustment of $979,998.00 and increase the
revenue estimate by $979,998.00 in accounts to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29753-91189) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Consortium Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 361.)
Mr. Bowers moved the adoption of Ordinance No. 29753-91189. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............................................... 6.
NAYS: None ..............................
.0.
(Mayor Taylor was absent.)
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES): The City Manager sub-
mitted a written report advising that Mental Health Services of the
Roanoke Valley is presently established and operating a single com-
munity services board for the Counties of Botetourt and Roanoke and
Cities of Roanoke and Salem as provided for in Chapter 10, Title 37.1,
of the Code of Virginia (1950), as amended; and the Board is composed
of 15 members, viz: three from the Counties of Botetourt and Roanoke
and Cities of Roanoke and Salem, three at-large members appointed by
the participating governing bodies, with the terms of members as set
forth in accordance with By-Laws of Mental Health Services.
It was further advised that the County of Craig has not been a
member of a community services board and is mandated by State law to
join such services board; that Roanoke City Council, pursuant to
Resolution No. 29593 adopted on June 5, 1989, along with the City of
Salem, and the Counties of Botetourt and Roanoke, approved the concept
of Craig County having representation on the Mental Health Services
Board; and Craig County has requested full representation on the Mental
Health Services of the Roanoke Valley Board of Directors, effective
July 1, 1989.
378
The City Manager recommended that Council approve the revised
By-Laws for Mental Health Services of the Roanoke Valley, thereby
making the County of Craig a full participating member.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles offered the following Resolution:
(#29754~91189) A RESOLUTION approving amendments to the By-Laws
of Mental Health Services of the Roanoke Valley to include membership
of Craig County in such community services board.
(For full text of Resolution, see Resolution Book No. 51, page 363.)
Mrs. Bowles moved the adoption of Resolution No. 29754-91189. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ...... 6.
NAYS: None ....................
(Mayor Taylor was absent.)
HEALTH DEPARTMENT: The City Manager submitted a written report
advising that a local commitment statement was used in previous years
to certify that Council appropriated a given amount for the support of
the Roanoke City Health Department; and Health Laws of Virginia,
Chapter 1, Article 5, Paragraph 32.1-31, Operation of local health
department under contract with Board; district health departments, "of
~he Code 6f Virginia (1'950), as amended, states that ~ 'governing body
of a City may enter into a contract with the Board for the operation of
the local health department in such City, with the contract between the
City and the Board specifying the services to be provided in addition
to the services required by law and containing other provisions as the
Board and the governing body may agree upon.
It was further advised that a local comnitment statement was
declared obsolete on July 1, 1987, and replaced by a contract and ser-
vices checklist, which must be completed per instructions received from
Dr. Robert B. Stroube, Deputy Commissioner for Community Health
Services, State Health Department, under date of September 27, 1988;
that the contract between the Comnonwealth of Virginia and the City of
Roanoke is necessary for proper billing to localities for health and
environmental services; and the contract establishes that legal defense
with respect to services performed pursuant to local ordinance, ser-
vices performed pursuant to State enabling legislation established in
Title 15.1, of the Code of Virginia (1950), as amended, and other ser-
vices in attachment A(2), of the contract will be provided by the City
Attorney, which may impose an additional burden on the City Attorney's
Office.
The City Manager recommended that he or his designee be authorized
to execute a contract, subject to approval by the City Attorney, with
the State Health Department as provided for in Health Laws of Virginia.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#29755-91189) AN ORDINANCE authorizing a certain contract to be
entered with the State Board of Health relating to the operation of the
local Health Department; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 364.)
ACTION: Mr. Musser moved the adoption of Ordinance No. 29755-91189. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ...................... 6.
NAYS: None .............................
(Mayor Taylor was absent.)
379
m
ACTION:
ACTION:
ACTION:
BUDGET-EQUIPMENT-UTILITIES: The City Manager submitted a written
report concurring in a report a bid committee with regard to the
purchase of three utility trailers.
The bid committee recommended that Council accept the bid sub-
mitted by Bemiss Equipment Corporation, in the total amount of
$18,195.00; that the Director of Finance be authorized to cancel the
original order which was placed with Keith Welding and encumber funds
to the above purchase; reject all other bids received; and appropriate
$1,695.00 from Internal Services Retained Earnings to Utility Line
Services, Account No. 006-056-2625-9015.
Mr. Bowers offered the following emergency budget Ordinance:
(#29757-91189) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 365.)
Mr. Bowers moved the adoption of Ordinance No. 29757-91189. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............................... 6.
NAYS: None ............................
.0.
(Mayor Taylor was absent.)
Mr. Bowers offered the following emergency Ordinance:
(#29758-91189) AN ORDINANCE providing for the purchase of three
utility trailers for use by the City, upon certain terms and con-
ditions, by accepting a bid made to the City for furnishing and deli-
vering such equipment; rejecting other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 366.)
Mr. Bowers moved the adoption of Ordinance No. 29758-91189. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............................................... 6.
NAYS: None ............................
(Mayor Taylor was absent.)
LIBRARIES: The City Manager submitted a written report concurring
in a report of a bid committee with regard to magazine subscriptions
for the Roanoke City Library.
The bid committee recommended that Council accept the lowest
responsible bid submitted by EBSCO, for Library Magazine Subscription
Services, in the amount of $13,789.15.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#29759-91189) AN ORDINANCE accepting the bid of EBSCO made to
the City for furnishing Magazine Subscription Services for the Roanoke
City Public Library, rejecting all other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 366.)
Mr. Musser moved the adoption of Ordinance No. 29759-91189. The
motion was seconded by Mr. Garland and adopted by the following vote:
380
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ....... 6.
NAYS: None ........ O.
(Mayor Taylor was absent. J
BUDGET-STATE HIGHWAYS: The City Manager submitted a written
report advising that the Virginia Department of Transportation (VDOT)
continuously develops various phases of the City Council approved high-
way projects, which include such items as preliminary engineering,
right-of-way acquisition and project construction; that billings to
the City from the Virginia Department of Transportation are done on a
monthly basis, which represent the City's share of expenditures to
date; and the City's share is generally five percent for plan develop-
ment phases authorized prior to July 1, 1989, and two percent for pha-
ses authorized after that date.
It was further advised that Capital Fund Accounts are established
for each project in the amount of the estimated billings that are anti-
cipated for the year which provides for easier payments of interim
bills, however, there may be instances when additional requests to
Council for transfers are needed to cover interim bills; that the
Capital Improvement Program approved for fiscal years 1988-1992 inclu-
des $900,000.00 to provide for the City's share of anticipated highway
project costs over a three year period, and $500,000.00 iS designated
to come from the 1988 Bond Series; that appropriation of $40,000.00
from the Streets and Bridges Category of the 1988 Bond Series to indi-
vidual project accounts is needed to cover anticipated billings; and
individual projects are funded from their respective highway accounts
and utility accounts depending upon the extent of water and sewer relo-
cation needed on each project.
It was explained that three of the eight highway construction pro-
jects for which funds are currently allocated in the Virginia Depart-
ment of Transportation Six-Year Improvement Program require continued
funding in order to meet the costs anticipated on the projects for
fiscal year lgBg-go; that transfers needed for the three projects are
Franklin Road Widening, Account No. 008-052-9596-g003, in the amount of
$10,000.00, lOqh Street Widening, Account No. 008-052-9597-9003, in the
amount of $20,000.00, and Fifth Street Bridge Replacement, Account No.
008-052-9599-9003, in the amount of $10,000.00; and the other five pro-
jects already have sufficient allocations from previous years to meet
anticipated billings.
The City Manager recommended that Council authorize the Director
of Finance to transfer $40,000.00 from the Streets and Bridges category
of the 1988 Bond Series to individual project accounts, as follows:
Franklin Road Widening
(008-052-9596-9003)
$10,000.00
loth Street Widening
(008-052-9597-9003)
20,000.00
Fifth Street Bridge Replacement
10,000.00
$40,000.00
(For full text, see reports on file in the City Clerk's Office.
Mr. Bowers offered the following emergency budget Ordinance:
(#29760-91189) AN ORDINANCE to amend and reordatn certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 367.)
381
ACTION:
ACTION:
Mr. Bowers n~ved the adoption of Ordinance No. 29760-91189. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick .......... 6.
NAYS: None ..................................................... O.
(Mayor Taylor was absent.)
BUDGET-SALE/PURCHASE OF PROPERTY: The City Manager submitted a
written report advising that on May 15, 1989, Council authorized the
City Manager to enter into and exercise an option on Official Tax Nos.
4010112 and 4010113, in the amount of $155,500.00, owned by Joseph H.
Milan, Jr., Evelyn N. Milan, Hebert H. Milan, Mary M. Milan, Ellis H.
Milan and Georgette S. Milan; that a $3,000.00 consideration for the
option was paid and applied toward the purchase price; that the City of
Roanoke is now ready to close on the property; that funds, in the
amount of $152,500.00, need to be transferred to Downtown North,
Account No. 008-002-9616-9003; and funds are available from unallocated
Capital Maintenance and Equipment Replacement Funds (CMERP) which were
left over from fiscal year 1989.
The City Manager recon~ended that $152,500.00 be appropriated from
unallocated Capital Maintenance and Equipment Replacement Funds, to
Downtown North, Account No. 008-002-9616-9003, for the purchase of the
property.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29761-91189) AN ORDINANCE to amend and reordain certain sec-
ttons of the 1989-90 General and Capital Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 367.)
Mr. Musser moved the adoption of Ordinance No. 29761-91189. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick 6.
NAYS: None ....................
(Mayor Taylor was absent.)
STREETS AND ALLEYS-STATE HIGHWAYS-BRIDGES: The City Manager sub-
mitted a written report advising that primary highway Routes 11, 116,
220, and 221 all run concurrently along the Jefferson Street Leg of the
Hunter Viaduct; that the Code of Virginia (1950), as amended,
establishes the eligibility criteria of localities for receiving funds
from the Virginia Department of Transportation (VDOT) for street main-
tenance, which specifies two functional classifications of highways
(Principal/Minor Arterials and Collector/Locals) and establishes a base
payment rate per lane mile for each classification of roadway; and the
Jefferson Street Leg of the Hunter Viaduct is inventoried by the
Transportation Department as a Principal Arterial, four lanes wide and
0.17 miles long (0.68 lane miles).
It was further advised that the Transportation Department's
1988-89 payment rate was $9,095.00 per lane mile which equates to
$6,184.60 received by the City this past fiscal year related to this
roadway segment; that the Jefferson Street Leg of the Hunter Viaduct
has been targeted for removal in connection with the proposed office
tower and parking garage project; that its removal will also relieve
downtown traffic congestion in the overall plan (Focus '89) which
includes a new bridge at Second Street, S. W.; and such removal will
not occur until there is a firm contract with the office tower
developer.
382
It was explained that the Commonwealth Transportation Board would
need to approve the relocation of primary routes from the Jefferson
Street Leg of the Hunter Viaduct to new locations as recommended
through a resolution from Council; and additionally, the Board would
need to act upon the lane mileage deletion and associated roadway
classification recommendations.
The City Manager recommended that he be authorized to submit
recommendations to the Virginia Department of Transportation for route
relocations and appropriate forms for deletion of lane mileage and
changes in function classification system, subject to formal action by
Council to close the Jefferson Street Leg of the Hunter Viaduct.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#29762-91189) A RESOLUTION requesting approval by the Virginia
Department of Transportation of certain recommended route relocations;
and authorizing the City Manager's submittal to the Department of the
necessary information required to accomplish the recomnended reloca-
tion.
ACTION:
(For full text of Resolution, see Resolution Book No. 51, page 368.)
Mrs. Bowles moved the adoption of Resolution No. 29762-91189. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick .................................... 6.
NAYS: None ...................
(Mayor Taylor was absent.)
BUDGET-STATE HIGHWAYS-BRIDGES-STREETS AND ALLEYS: The City
Manager submitted a written report advising that the City of Roanoke,
in anticipation of the need to proceed quickly with removal of the
Jefferson Street Leg of the Hunter Viaduct in connection with the pro-
posed multi-story office tower and parking garage development at the
corner of Jefferson Street and Salem Avenue, has initiated a process
for securing engineering services; and engineering services are needed
to prepare complete plans and specifications for the removal of the
Jefferson Street Leg of the Hunter Viaduct, which removal will not
occur until there is a firm contract with the office tower developer.
It was further advised that Engineering Services Qualifications
Proposals for preparation of the plans were publicly advertised on
August 18 and received on August 28, 1989, from Dewberry & Davis,
Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Consulting
Engineers; that negotiations were conducted with the engineering firm
felt to be the most qualified for project requirements; and scope of
work to be performed will include the following:
Phase I: Preparing complete plans for demolition
of the Jefferson Street Leg of the Hunter Viaduct's
lower bridge abutment and the four lower bridge
spans. This will enable demolition of this portion
prior to the site being needed for the construction
of the multi-story office tower, parking garage,
and pedestrian bridge.
Phase II: Preparing complete plans for demolition
of the remainder of the Jefferson Street Leg of the
Hunter Viaduct, which would occur following the
completion of the new 2nd Street Brtdge/Gainsboro
Road Project. This would more readily accomnodate
the flow of traffic on the Willtamson Road Viaduct.
383
m
ACTION:
ACTION:
The City Manager reco~ended that Council award an engineering
services reimbursement, with a cost ceiling contract, in a form subject
to approval by the City Attorney, to Hayes, Seay, Mattern & Mattern,
Inc., in the amount of $95,000.00, and establish a contingency, in the
amount of $5,000.00, for a total not to exceed $100,000.00; and that
$100,000.00 be appropriated from the 1989 Capital Maintenance and
Equipment Replacement Program to a new capital account to be
established by the Director of Finance entitled, "Hunter Viaduct
Removal Engineering".
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29763-91189) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Capital Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 369.)
Mr. Trout moved the adoption of Ordinance No. 29763-91189. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ................ 6.
NAYS: None ...............................
O®
(Mayor Taylor was absent.)
Mr. Trout offered the following emergency Ordinance:
(#29764-91189) AN ORDINANCE authorizing the City Manager to enter
into an engineering services reimbursement with cost ceiling contract
with Hayes, Seay, Mattern & Mattern, to provide engineering services in
connection with the removal of the Jefferson Street Leg of the Hunter
Viaduct; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 369.)
Mr. Trout moved the adoption of Ordinance No. 29764-91189. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............................ 6.
NAYS: None ......................
(Mayor Taylor was absent.)
STATE HIGHWAYS-STREETS AND ALLEYS-BRIDGES: The City Manager sub-
mitted a written report advising that the Hunter Viaduct currently
extends from its intersection with Jefferson Street/Salem Avenue to an
intersection with Williamson Road, N. E.; that railway crossing at
Jefferson Street (p~lor to 1954) was viewed by the City as a con-
siderable problem and impediment to north/south access to and from the
downtown area; and construction of the viaduct was implemented in 1954
in conjunction with the removal and reconstruction of what was
generally referred to at the time as the "Randolph Street Bridge"
(currently Willtamson Road overhead span).
It was further advised that the extension of the viaduct from the
new overhead bridge (Williamson Road span) was intended for the purpose
of providing an improved north/south access to replace the restrictive
Jefferson Street railway crossing; that con~nercial retail activities in
1954 were for the most part centralized in the downtown area; that
Interstate 581 did not exist and large scale shopping centers and
regional retail malls had not yet evolved as a significant con-
sideration in the planning process for public traffic needs; and land
use patterns and traffic needs in the downtown area have changed signi-
ficantly since the construction of the viaduct in 1954.
384
ACTION:
ACTION:
It was explained that commercial retail centers are now dispersed
to outlying areas for more efficient regional and major highway access;
that the viaduct is no longer viewed as an effective traffic access
into the downtown area; that recent studies indicate that a new and
improved "loop road access" would provide a more effective north/south
transportation system for ingress and egress to and from the downtown
area; that land upon which the viaduct is situated has been determined
to be vital to the City's future in providing critically needed space
for downtown expansion; that provisions will be pursued by the City
with the Department of Transportation for the relocation of existing
highway systems that are a part of the viaduct route; that construction
of the proposed new "loop road system" is presently being engineered;
and negotiations are currently underway between the City and other
interested parties for the construction of a new and improved "loop
road access" which would provide a more effective north/south transpor-
tation system for ingress and egress to and from the downtown area.
It was further explained that land upon which the viaduct is
situated has been determined to be vital to the City's future in pro-
viding critically needed space for downtown expansion; that provisions
will be pursued by the City with the Department of Transportation for
the relocation of existing highway systems that are a part of the
viaduct route; that the construction of the proposed new "loop road
system" is presently being engineered; that negotiations are currently
underway between the City and other interested parties for the
construction of a multi-story office tower upon the site of the
existing viaduct; and the application process requires the City
Planning Commission to review the request for closure and forward its
recommendation to Council for final action only after public notice has
been duly given and proper public hearings have been held to consider
the matter.
The City Manager recommended that he be authorized to file the
necessary applications to close and permanently vacate the Jefferson
Street segment of the Hunter Viaduct and related accessways and a cer-
tain 22' wide alley, subject to the condition that if the City fails to
reach a satisfactory agreement with all necessary parties providing
for the construction of the abovementioned office tower within a period
of one year of the date of the ordinance providing for the requested
authorization, said ordinance shall become null and void with no
further action necessary by Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Garland and adopted.
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of July, 1989.
(For full text, see financial report on file in the City Clerk's Office.)
Mr. Trout moved that the financial report be received and filed.
The motion was seconded by Mr. Garland and adopted.
PENSIONS: The Director of Finance submitted a written report
advising that a claimant, born in 1938, sustained a heart attack in
December, 1985, while in his capacity as a firefighter; that a full job
related disability was granted by the Roanoke City Employees' Supple-
mental Retirement System in March, 1989; and potential liabilities of
said claim to be paid from the City Pension Plan are estimated to be
$120,244.00 by age 60, not including cost of living adjustments and
$246,816.00 by age 70, not including cost of living adjustments.
It was further advised that annuities to provide guaranteed
monthly payments to claimants are available through insurance com-
panies; that the claimant will agree to waive all claims under the City
Pension Plan in lieu of guaranteed annuity payments; that bid proposals
for annuities were developed and sent to 25 insurance firms; that a
request for proposals requires pricing for an annuity for $900.00 com-
pensation to be paid to the claimant on a monthly basis for life; that
ACTION:
ACTION:
the requests for proposals were to be submitted by 2:00 p.m., on
August 28, lg89, in the Office of General Services; and
Section 22.1-52, Lump Sums, of the Code of the City of Roanoke (1979),
as amended, provides for monthly benefits payable to an employee who is
retired on disability to be paid in the form of a lump sum and annuity
payments.
The Director of Finance recommended that Council authorize an
agreement with Clarence W. Brown and his spouse for an annuity, subject
to approval by the City Attorney; authorize a lump sum payment of
$15,000.00 and continued obligation of the City to pay for all medical
expenses required by the disability, and the claimant will agree to
waive all claim under the City Pension Plan; and approve the purchase
of annuity from Structured Benefits, Inc., in the amount of $89,122.00,
to provide guaranteed monthly payments of $900.00 for ten years, and
thereafter, for as long as the claimant shall live, with the cost of
the claim fixed at $104,122.00, resulting in a better overall control
of this liability.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance.
(#29765-91189) AN ORDINANCE authorizing the appropriate City
officials to execute an agreement providing for the settlement of a
disability retirement claim and authorizing the purchase of an annuity
to provide a portion of the funding of such agreement; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 370.)
Mro Bowers moved the adoption of Ordinance No. 29765-91189. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ................................... 6.
NAYS: None .................. O.
(Mayor Taylor was absent.)
REPORTS OF CO~ITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council Member Robert A. Garland,
Chairman of a con~ntttee appointed by the Mayor to tabulate bids
received for upgrading of the chlorination/dechlorination facility at
the Roanoke Water Pollution Control Plant, presented a written report
on behalf of the con~nittee, recommending that Council award a lump sum
contract to Breakell, Inc., in the amount of $399,8g0.00, with a
construction time of 180 consecutive calendar days to perform all work
in accordance with contract documents prepared by Clean Water
Engineers, Inc.; establish a project contingency, in the amount of
$28,110.00, for a total project construction cost of $428,000.00;
appropriate $128,000.00 from Prior Years' Retained Earnings, to STP
Dechlorination Facility, Account No. 003-056-8428-9003; and reject all
other bids receiv~d.
The City Manager submitted a written report concurring in the
recon~endation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29766-91189) AN ORDINANCE to amend and reordain certain
sections of the 1989-90 Sewage Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 371.)
Mr. Garland moved the adoption of Ordinance No. 29766-91189. The
motion was seconded by Mr. Musser and adopted by the following vote:
385
386
ACTION:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............................. 6.
NAYS: None ............
O®
(Mayor Taylor was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29767-91189) AN ORDINANCE accepting the bid of Breakell, Inc.,
for upgrading of the chlorination/dechlortnatton facility at the
Roanoke Water Pollution Control Plant, upon certain terms and con-
dtttons, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 371.)
Mr. Garland moved the adoption of Ordinance No. 29767-91189. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ................................... 6.
NAYS: None ...........
(Mayor Taylor was absent.)
CITY PROPERTY-BLUE CROSS/BLUE SHIELD: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, in connection with the lease of
City-owned property to Blue Cross/Blue Shield of Virginia for a deposi-
tory box.
A staff report advised that Blue Cross/Blue Shield of Virginia is
located at the intersection of Franklin Road and Jefferson Street,
S.W.; and short term parking used by subscribers is located on
Franklin Road, east of and downhill from Jefferson Street, which is up
a number of steps or uphill a considerable distance, and presents
problems for the elderly and handicapped.
It was pointed out that Blue Cross/Blue Shield has requested per-
mission to install a curbslde depository behind the sidewalk, within
the boundaries of a small City-owned parcel, designated as Official Tax
No. 4016003, to permit deposit of payments near the curb; that in addi-
tion to the benefits to the elderly and handicapped, this will allow
quicker turnover of vehicles and relieve parking congestion at said
location; and Valley Metro has a bus stop near the location and does
not feel that the depository will cause any problems with loading and
unloading of buses.
The Water Resources Committee recommended that Council authorize
the appropriate City officials to execute a lease for an initial six
month period and to continue thereafter on a month-to-month basis
thereby permitting Blue Cross/Blue Shield of Virginia to install a
curbside depository box on a City-owned parcel of land described as
Official Tax No. 4016003.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29768) AN ORDINANCE authorizing the leasing of certain City-
owned property to Blue Cross Blue Shield of Virginia, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 376.)
387
ACTION:
ACTION:
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ................................... 6.
NAYS: None ............................
(Mayor Taylor was absent.)
SPECIAL PERMITS-CITY PROPERTY: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, in connection with encroachment of a
canopy over the public sidewalk at 920 South Jefferson Street as
requested by Community Hospital of Roanoke Valley.
A staff report advised that Council is authorized to grant a revo-
cable license for erection of canopies in and over sidewalks; that
request was made by Community Hospital of Roanoke Valley, by com-
munication under date of July 3, 1989, to allow a canopy ten feet over
the public sidewalk, two feet back of the curb line, located at 920
South Jefferson Street; and review of the proposal by the Building
Department confirms that the proposed awning is acceptable and meets
requirements.
The Water Resources Committee recommended that Council authorize a
revocable license to Community Hospital of Roanoke Valley for the erec-
tion of a canopy, ten feet over the public sidewalk, located at 920
South Jefferson Street, as proposed in plans submitted by the Hospital
and in accordance with Section 15.1-376 of the Code of Virginia (1950),
as amended, with provisions for appropriate public liability insurance
and requiring the licensee to indemnify and hold the City harmless from
damages, in a form subject to approval by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles inquired as to whether or not she would have a
conflict of interest in voting on the measure inasmuch as she serves
on the Board of Directors of Community Hospital of the Roanoke Valley;
whereupon, the City Attorney advised that he had been informed by Mrs.
Bowles had previously that she is an unpaid member of the Board of
Directors of Community Hospital and inasmuch as the Conflict of
Interests Act regulates transactions where there is a personal interest
in said transaction and inasmuch as Mrs. Bowles receives no compen-
sation from her membership, he was of the opinion that she had no per-
sonal interest in the transaction in question; therefore, she was free
to cast her vote.
Mr. Garland advisad that he receives renumeratton of more than
$10,000.00 per annum from Community Hospital of the Roanoke Valley;
whereupon, the City Attorney stated that Mr. Garland would have a
conflict of interest in the matter and should therefore abstain from
voting.
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29769) AN ORDINANCE granting a revocable license for the
construction of a certain building appendage encroaching over and into
the right-of-way of the public sidewalk, located at 920 South Jefferson
Street, Official Tax No. 4020701D, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 376.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Bowles, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick ...................... 5.
NAYS: None ..................................................... O.
(Mayor Taylor was absent.)
voting.)
(Council Member Garland abstained from
388
ACTION:
BUSES-CITY PROPERTY: Council Member Elizabeth T. Bowles, Chairman
of the Water Resources Committee, presented a written report on behalf
of the committee, in connection with surplus Valley Metro City-owned
property.
A staff report advised that when the City of Roanoke acquired the
bus system, now Valley Metro, it received the main bus garage and four
associated parcels separated by streets and alleys from the main parcel
and each other; that Valley Metro has its new office and maintenance
facility under construction and is scheduled to open in December, 1989;
and when the new facility opens, the original properties will be
surplus to the needs of the City and Valley Metro.
It was further advised that the City Administration desires to
market the properties through the Office of Economic Development, by
negotiation, in order to produce a unified result which would provide
the most benefit to the City; and Council's permission is required to
avoid the normal process involving public advertisement and sale to the
highest bidder, which might prompt a division of the individual proper-
ties among a number of bidders rather than through negotiations which
could determine quality of development.
The Water Resources Committee recommended that Council authorize
the sale of surplus properties currently owned by Valley Metro,
Official Tax Nos. 4110601, 4110602, 4110603, 4110604, 4110605,
4110608, 4110609, 4110610, 4110611, 4110701, 4110711, 4110712, 4110713,
4110801, 4110802, 4110803, 4111406, 4111407, and 4111408, by nego-
tiation through the Office of Economic Development.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recon~endation of the
Water Resources Comnittee. The motion was seconded by Mr. Musser and
adopted.
WATER DEPARTMENT: Council Member Elizabeth T. Bowles, Chairman of
the Water Resources Con~nittee, presented a written report on behalf of
the committee, in connection with proposed State regulations for Stream
Water Quality Standards.
A staff report advised that Stream Water Quality Standards are
established by the Commonwealth of Virginia through the State Water
Control Board, which regulations must be in keeping with Federal regu-
lations administered by the Environmental Protection Agency (EPA); that
early water quality standards, established in the 1970's, dealt with
Biological Oxygen Demand, Suspended Solids, Phosphorus, and Nitrogen;
and Biological Oxygen Demand, Phosphorus, and Nitrogen caused an uptake
of oxygen, thereby reducing the dissolved oxygen that would otherwise
be available to support aquatic life.
It was further advised that the assimilation capacity of the
receiving stream for Biological Oxygen Demand support traditionally
formed the basis for setting treatment criteria, said criteria, plus
the fact that the Roanoke River was classified as a "phosphorus"
limiting stream in the 1970's, resulted in the construction of the ter-
tiary element of the Sewage Treatment Plant; that the evolvement of
Stream Water Quality Standards have since begun incorporating metal
limitations in recognition of the fact that metals are toxic to aquatic
life and most streams must eventually serve as a water supply for human
consumption; and since metals are not readily treated by municipal
treatment plans, the City has seen the imposition of pre-treatment
standards on industries to limit their discharge of toxic waste to
.public sewer systems.
It was explained that operating permits for the sewage treatment
plants and the water treatment plants contain limits on PH, suspended
solids, Biological Oxygen Demand with added emphasis for phosphorus and
nitrogen, and pre-treatment for sewage waste; that chemicals used for
water and sewage treatment are traditionally a base chemical (lime or
sodium hydroxide), metal base chemicals (ferric choloride ([iron], alum
[aluminum] pickle liquor [iron, zinc, and aluminum]), and chlorine;
that the latest imposed regulations require the removal of chlorine
through dechlorinatton; that currently proposed regulations limit the
amount of iron or aluminum which may be discharged to a receiving
stream and greatly reduce the amount of an~nonia (unoxidized nitrogen),
which can be discharged to the stream; and proposed regulations, based
on preliminary assessment, would cost the City as follows:
ACTION:
Sewage Treatment - $20,000,000.00 - $30,000,000.00
for control of aluminum, iron, zinc, mercury eva-
luation study and ammonia removal, if possible, to
achieve the additional ammonia treatment.
Water Treatment - $500,000.00 - $700,000.00 for
aluminum removal.
Sludge Hauling - $1,000,000.00 annually, due to
doubling the volume of sludge.
Storm Drain Discharges - Unknown costs, depending
on when and how storm drain discharges are
regulated.
Contrary to the Notice of Public Hearing, a state-
ment was made by a State Water Control Board staff
member during an August 22, lg89, public hearing
that the average cost to treatment plants could be
$400,000.00 per 1,000,000 gallons per day rated
capacity.
The Water Resources Committee recommended that Council adopt a
resolution in opposition to the proposed regulations to amend Water
Quality Standards (VR680-21-00) as said regulations were announced by
Notice of Public Hearing received on July 16, 1989; and that Council
forward a copy of the report and resolution to other local governments
served by the Roanoke Regional Sewage Treatment Plant with a cover
letter asking said other local governments to join in opposing the
amendments to the Water Quality Standards.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#29770-9118g) A RESOLUTION expressing this Council's opposition
to certain proposed regulations to amend Stream Water Quality Standards
as said regulations were announced by notice of public hearing.
(For full text of Resolution, see Resolution Book No. 51, page 372.)
Mrs. Bowles moved the adoption of Resolution No. 29770-91189. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES:- Council Members Bowles, Garland, Musser, Trout and Vice-
Mayor Fitzpatrick .......................... 5.
NAYS: Council Member Bowers .................................... 1.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SALE/PURCHASE OF PROPERTY-FLOOD CONTROL/REDUCTION: Ordinance No.
29733-91189 providing for the acquisition of cemtatn real estate
interests needed by the City for construction of the Roanoke River
Flood Reduction Project; authorizing establishment of the consideration
to be offered by the City for each parcel; providing for the City's
acquisition of such real estate by condemnation, under certain cir-
cumstances; authorizing the City to make motion for the award of a
right of entry on any of the parcels for the purpose of commencing the
project; authorizing the inclusion of required City real estate in such
project; and authorizing access to project real estate by the United
States Army Corps of Engineers for construction related purposes,
having previously been before the Council for its first reading on
Monday, August 28, 1989, read and adopted on its first reading and laid
over, was again before the body, Mr..Musser offering the following for
its second reading and final adoption:
389
39O
ACTION:
ACTION:
ACTION:
(#29733-91189) AN ORDINANCE providing for the acquisition of cer-
tain real estate and real estate interests needed by the City for the
construction of the Roanoke River Flood Reduction Project; authorizing
the City Manager to establish the consideration to be offered by the
City for each parcel; providing for the City's acquisition of such real
estate by condemnation, under certain circumstances; authorizing the
City to make motion for the award of a right of entry on any of the
parcels for the purpose of commencing the project; authorizing the
inclusion of required City real estate in such project; and authorizing
access to project real estate by the United States Army Corps of
Engineers for construction related purposes.
(For full text of Ordinance, see Ordinance Book No. 51, page 352.)
Mr. Musser moved the adoption of Ordinance No. 29733-9118g. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ......................... 6.
NAYS: None ........
(Mayor Taylor was absent.)
.0.
SPECIAL PERMITS-CITY PROPERTY: Ordinance No. 29747-91189 granting
revocable licenses to Virginia Restaurant Group, Inc., for the
construction of certain building appendages encroaching over and into
the right-of-way of the public sidewalk located at 617 South Jefferson
Street, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, August 28, 1989,
read and adopted on its first reading and laid over, was again before
the body, Mr. Bowers offering the following for its second reading and
final adoption:
(#29747-91189) AN ORDINANCE granting revocable licenses for the
construction of certain building appendages encroaching over and into
the right-of-way of the public sidewalk located at 617 South Jefferson
Street, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 353.)
Mr. Bowers moved the adoption of Ordinance No. 29747-91189. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ....................... 6.
NAYS: None .................
(Mayor Taylor was absent.)
SALE/PURCHASE OF PROPERTY-CITY PROPERTY-SPECIAL PERMITS: Ordi-
nance No. 29748-9118g authorizing the leasing of a portion of certain
property to be acquired by the City and bearing Official Tax Nos.
4010112 and 4010113, to the Lamar Corporation, upon certain terms and
conditions, having previously been before the Council for its first
reading on Monday, August 28, 1989, read and adopted on its first
reading and laid over, was again before the body, Mr. Bowers offering
the following for its second reading and final adoption:
(#29748-91189) AN ORDINANCE authorizing the leasing of a portion
of certain property to be acquired by the City and bearing Official Tax
Nos. 4010112 and 4010113, to the Lamar Corporation, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 354.)
Mr. Bowers moved the adoption of Ordinance No. 29748-9118g. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick .......................... §.
NAYS: None ..................................
(Mayor Taylor was absent.)
391
DRUG AND ALCOHOL ABUSE: Mrs. Bowles offered the following
Resolution expressing support of Council for the Valleywtde Anti-Drug
Association walk and rally to increase the public's awareness of the
alcohol and drug problem in the area:
(#29771-9118g) A RESOLUTION expressing this Council's support for
the Valleywtde Anti-Drug Association walk and rally to increase the
public's awareness of the alcohol and drug problem in the area.
(For full text of Resolution, see Resolution Book No. 52, page 373.)
ACTION:
Mrs. Bowles moved the adoption of Resolution No. 29771-91189. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ..................... 6.
NAYS: None ............
(Mayor Taylor was absent.)
COUNCIL-VIRGINIA MUNICIPAL LEAGUE: Mr. Bowers offered the
following Resolution cancelling the regular meeting of the Council of
the City of Roanoke scheduled for Monday, October 16, 1989, at
2:00 p.m., inasmuch as a majority of the Members of Council will be in
attendance at the Virginia Municipal League's Annual Conference on
October 15 - 17, 1989, in Fairfax County, Virginia:
(#29772-91189) A RESOLUTION cancelling the meeting of the Council
of the City of Roanoke scheduled for Monday, October 16, 1989, at
2:00 p.m.
(For full text of Resolution, see Resolution Book No. 52, page 373.)
ACTION:
Mr. Bowers moved the adoption of Resolution No. 29772-91189. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick .............................. 6.
NAYS: None .....................
O.
(Mayor Taylor was absent.)
VIRGINIA MUNICIPAL LEAGUE-COUNCIL: Mr. Musser offered the
following Resolution designating Mayor Noel C. Taylor and Vice-Mayor
Beverly T. Fitzpatrick, Jr., as Voting Delegate and Alternate Voting
Delegate, respectively, for the Annual Business Session of the Virginia
Municipal League and designating W. Robert Herbert, City Manager, as a
Staff Assistant for any meetings of the Urban Section of the League, to
be held in Fairfax County, Virginia, on Tuesday, October 17, 1989:
(#29773-91189) A RESOLUTION designating a Voting Delegate and
Alternate Voting Delegate for the Annual Business Session of the
Virginia Municipal League and designating a Staff Assistant for any
meetings of the Urban Section of the League.
(For full text of Resolution, see Resolution Book No. 52, page 374.)
ACTION:
Mr. Musser moved the adoption of Resolution No. 29773-91189. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............... 6.
NAYS: None ..... O.
(Mayor Taylor was absent.)
COUNCIL-NATIONAL LEAGUE OF CITIES: Mrs. Bowles offered the
following resolution designating Mayor Noel C. Taylor as Voting
Delegate and Vice-Mayor Beverly T. Fitzpatrick, Jr., as Alternate
Voting Delegate for the Annual Business Session of the Congress of
Cities to be held in Atlanta, Georgia, on November 25 - 29, 1989:
392
ACTION:
ACTION:
ACTION:
(#29774-91189) A RESOLUTION designating a Voting Delegate and
Alternate Voting Delegate for the Annual Business Session of the
Congress of Cities.
(For full text of Resolution, see Resolution Book No. 52, page 374.)
Mrs. Bowles moved the adoption of Resolution No. 29774-91189. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vi ce-Mayor Fi tzpatri ck ........... 6.
NAYS: None .......... ---0.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO~4ENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
MISCELLANEOUS: Mr. Robert D. Gravely, 2119 Melrose Avenue, N. W.,
appeared before Council and advised that he was present to reveal to
Council the Revelation of the coming of the Lord.
At 8:25 p.m., the Vice-Mayor declared the meeting in recess.
At 10:10 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Fitzpatrick presiding, and all Members of the Council in
attendance, with the exception of Mayor Taylor.
Mr. Musser moved with respect to the Executive Session just
concluded, that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act and (2) only such public business matters as were iden-
tified in any motion by which any Executive Session was convened were
heard, discussed or considered by City Council. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles. Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............................. 6.
NAYS: None ...........................
(Mayor Taylor was absent.)
FLOOD CONTROL/REDUCTION: The Vice-Mayor advised that there was a
vacancy on the Flood Plain Con~nittee, created by the resignation of Mr.
Charles R. Minter, for a term ending June 30, 1990, and called for
nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Harold L. Shaffer.
There being no further nominations Harold L. Shaffer was elected
as a member of the Flood Plain Con~ittee for a term ending June 30,
1990, by the following vote:
FOR MR. SHAFFER: Council Members Bowles, Garland, Musser, Trout,
Bowers and Vice-Mayor Fitzpatrick -6.
(Mayor Taylor was absent.)
PERSONNEL: The Vice-Mayor advised that there was a vacancy on the
Personnel and Employment Practices Con~nisston, created by the resigna-
tion of Mr. Bobby L. Browning, for a term ending June 30, 1992, and
called for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Elizabeth M. Legg.
393
There being no further nominations, Elizabeth M. Legg was
elected as a member of the Personnel and Employment Practices
Commission to ltl] the unexpired term of Mr. Bobby L. Browning,
~ resigned, ending June 30, 1992, by the following vote:
ACTIO~:j i~, FOR. MS. LE~G: Council Members Bowles, Garland, Musser, Trout,
. ,,~BO~ers and ~ice-Mayor Fitzpatrick ........ 6.
(Mayor Taylor was absent,)
CELEBRATIONS: The Vice-Mayor advised that there was a vacancy on
the Special Events Con~tttee, created by the resignation of Ms.
Katherine A. Roche, for a term ending June 30, 1990, and called for
nominations to fill the vacancy.
ACTION:
Mrs. Bowles placed in nomination the name of Lex P. Gibson.
There being no further nominations, Lex P. Gibson was elected as a
member of the Special Events Co~ittee, for a term ending June 30,
1990, by the following vote:
FOR MR. GIBSON: Council Members Bowles, Garland, Musser, Trout,
Bowers and Vice-Mayor Fitzpatrick ............ 6.
(Mayor Taylor was absent.)
SALE/PURCHASE OF PROPERTY-INDUSTRIES: The City Manager submitted
a written report advising that the Roanoke Centre for Industry and
Technology (RCIT) has been extremely successful in attracting and
retaining industry in the City of Roanoke; that only two prime sites
are left in the Centre for future development; that the City has been
searching for available land suitable for industrial development; and
Council, at its meeting on May 22, 1989, authorized the City Manager to
execute a sales contract for the purchase of 141.77 acres of land from
Anderson Wade Oouthat and Frances Brown Oouthat for industrial develop-
ment purposes, and authorized the Mayor to execute the requisite deed.
It was further advised that Mattern and Craig, Consulting
Engineers, was awarded an engineering services reimbursement with a cost
ceiling contract, in an amount not to exceed $100,000.00, pursuant to
Ordinance No. 29589, adopted on May 22, 1989; and Council, at its
meeting on July 24, 1989, adopted Ordinance No. 29660, rezoning the
property from RA and RS-3 to LM.
The City Manager reconmmnded that Council waive the condition of
the sales contract regarding total program costs (purchase/improve-
ments), purchase the real estate, accept Mr. A. Wade Douthat's verbal
offer to relocate the cemetary at his expense, and plan the develop-
ment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
ACTION:
(#29775-91189) AN ORDINANCE authorizing the waiver of certain
contractual conditions of a sales contract, and providing for. an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page
Mr. Trout moved the adoption of Ordinance No. 29775-91189. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout and Vice-
Mayor Fitzpatrick ..... ' .........5.
NAYS: Council Member Bowers
(Mayor Taylor was absent.)
m
394
There being no further business, the Vice-Mayor declared the
meeting adjourned at 10:15 p.m.
ATTEST: PO~
r~-,~ ~.
City Clerk
APPROVED
V t ce-Mayor
395
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 25, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, September 25, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of 'Roanoke
1-1-9~[9-F~-,as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Robert A.
Garland, Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowles
and Mayor Noel C. Taylor ............. 7.
ABSENT: None .........................
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
Wtlburn C. Dibling, Jr., City Attorney; James D. Grisso, Deputy Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend John W. Myers,
Reti red Mi ni stet.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately.
FIRE DEPARTMENT: A report of the City Manager in connection with
charges for false calls from automatic internal fire alarm systems, was
before Council.
The City Manager advised that a report under date of December 12,
1988, approval by Council, recommended in part, that the City Manager
present a report on the feasibility of charging for false calls from
the Automatic Local Internal Fire Alarm System and how to reduce these
calls; and the City Manager appointed a study committee on January 9,
1989, to determine what other Virginia communities are doing in the
area of charging for false alarms and to make a reconmmndation to him.
As recommended by the study committee, the City Manager recom-
mended that Council not institute a system to charge for false fire
alarms from buildings with Automatic Internal Fire Alarm Systems.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Garland and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ............... 7.
NAYS: None ........ . ..... O.
SEWERS AND STORM DRAINS-COMPLAINTS: A report of the City Manager
in response to concerns expressed by Mr. Michael B. Smith regarding the
need for a storm drainage system on Edgelawn Avenue, N. W., to elimi-
nate excessive water run-off, was before Council.
396
ACTION:
The City Manager advised that the Engineering Department began
receiving complaints from Mr. Smith in 1984 regarding run-off from the
street entering his property; and an asphalt berm was installed in
front of Mr. Smith's property to keep water flow from going across the
yard and toward his residence.
Mr. Herbert further advised of three alternatives currently under
consideration by the Engineering Department; and explained that the
Street Maintenance Department would begin work by October 23, 1989, to
reshape the shoulder area on the upper side of the street and pave the
shoulder in the shape of a swale ditch to intercept flow off adjacent
properties which will eliminate storm~ater flow to Mr. Smith's pro-
perty, with the exception of water falling on the street.
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........ 7.
NAYS: None ...........................
HUMAN RESOURCES: A report of the City Manager transmitting a
report of the Homeless Follow-Up Task Force entitled, "Status Report on
the Recommendations Cited in 'No Place to Call Home'," was before
Council.
The City Manager advised that the Mayor identified the plight of
the City's homeless as a major area of concern in his 1986 State of the
City Address; that the City Manager appointed a task force on home-
lessness to study the issue; that the City Manager's Task Force on
Homelessness studied the homeless and low-income housing situation in
Roanoke and presented its findings and recommendations in a comprehen-
sive report entitled, "No Place To Call Home: A Study of Housing and
Homelessness in Roanoke, Virginia" in April, 1987; and the report was
submitted to Council and referred to the City Manager for follow-up.
Mr. Herbert explained that a Follow-Up Task Force on the Homeless
was established by him to evaluate how well the report's reco~en-
dattons were implemented, to recommend new activities based on future
findings and to assist the City Administration with matters related to
homelessness; and the Follow-Up Task Force on the Homeless submitted a
follow-up report to Council in August, 1989.
It was pointed out that two years have passed since release oF "No
Place To Call Home"; that the Task Force has continued to monitor the
community's progress towards the elimination of homelessness and the
threat of homelessness by focusing carefully on the 27 reco~endattons;
that the Follow-Up Task Force has prepared a report entitled, "Status
Report on the Recommendations Cited in 'No Place To Call Home'," dated
August, 1989; and transmitted copy thereof for Council's consideration.
The City Manager recommended that Council receive the report and
thank the Follow-Up Task Force for its continued monitoring of the
implementation of the study's recomnendations.
The Reverend Clay H. Turner, Chairman, City Manager's Follow-Up
Task Force on Homelessness, appeared before Council and advised that
out of the 27 reconmmndations made to Council two years ago, a study
indicates that 13 of those recommendations have been satisfactorily met
which is, in and of itself, no small accomplishment considering the
weight of the recommendations which could not have happened without the
positive response of the community to this grave human problem. He
explained that a study was conducted in January 1989 and it was disco-
vered that on a particular night during a particular week in January,
35 per cent more people needed emergency shelter in 1989 than there
were in 1987 which ceans that the problem of homelessness has increased
by 35 per cent in the Roanoke Valley. He advised that recently the
President of the Virginia Coalition on Homelessness indicated that
across the State of Virginia, the problem of homelessness has increased
by 27 per cent in one year and 67,800 Virginians were seeking emergency
shelter last year. He stated that the good response of the Roanoke
Valley community revealed that a bed existed for every person who
needed emergency shelter on that particular night in January, 1989. He
397
ACTION:
ACTION:
ACTION:
pointed out that it is being discovered today that more and more people
who have jobs are finding themselves unable to afford decent housing
and therefore, the problem is still a grave and growing one. He urged
Council's continued support of the Task Force in order that the plight
of the homeless will be addressed on an ongoing basis.
Reverend Turner called attention to the lack of national response
to the crisis and advised that a current study has indicated that
Federal funding for housing programs has decreased by 80 per cent since
1980. He stated that the support of the Federal Government is needed
in order to respond to people who need permanent, affordable housing;
and an appeal needs to be made to all of the citizenry to let their
legislators know that the problem continues to be in our midst and
deserves as much national attention as possible. He stated that he was
appealing to persons in the private sector, but primarily to those
elected officials who make the laws and handle the money to give more
and more prominence to people who are homeless. He advised that there
are over 10,000 hodseholds in the Roanoke Valley living at risk of
becoming homeless and it is known that currently over 800 of the City's
Section 8 Certificates may be withdrawn in 1990, thereby making 800
families homeless in the Roanoke Valley, and requested Council's
assistance in addressing what could be a very serious problem.
Reverend Turner asked that the findings of the Task Force be
placed in the City's 1989 Legislative Program so that elected officials
will see actual facts about what is happening in the Roanoke Valley,
and that all citizens be called upon to let their elected officials in
Washington know about the problem and concern that exists at the local
level.
The City Attorney advised that the request of the Task Force was
already included in the 1989 Legislative Program of the City. In pre-
senting the issue to the Federal Government, Mr. Dibltng further
advised that Council could forward a resolution of concern to the
City's State and Federal representatives.
Mr. Bowers moved that the City Attorney be requested to prepare
the proper measure to be transmitted to the City's legislative repre-
sentatives expressing the need for continued support at the Federal
Government level in order to provide adequate housing for the City's
homeless population. The motion was seconded by Mr. Trout and unani-
mously adopted.
It was further suggested that the Task Force meet with the City's
representatives at the State and Federal Government levels to express
their concern over the plight of the homeless.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout moved that the reports be received and filed, with
appreciation. The motion was seconded by Mr. Garland and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .................. 7.
NAYS: None .......... . .......O.
ROANOKE ARTS CO~tISSION: A report of qualification of Ms. Joan T.
Martin as a member of the Roanoke Arts Commission for a term of three
years ending June 30, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........... 7.
NAYS: None ........ .---0.
398
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC ~TTERS:
CITY SHERIFF-JAIL: Mr. Robert Wooten, Regional Jail Manager,
State Department of Corrections, appeared before Council and presented
Sheriff W. Alvin Hudson with a Certificate of Certification in recogni-
tion of having complied with all 102 minimum standards required by the
Board of Corrections for operation of jails and lockups. He explained
that earlier this year, a certification team from the State spent three
days in the City reviewing the procedures and practices in effect at
the Roanoke City Jail and found that the City of Roanoke was in
compliance with all 102 standards promulgated by the State, which is no
small achievement.
On behalf of the Board of Corrections, Mr. Wooten congratulated
Sheriff Hudson and his staff for their exemplary performance.
CIVIC CENTER-ANNUAL REPORT: Mr. John W. Lambert, Jr., Chairman,
Roanoke Civic Center Con~nission, appeared before Council and presented
the Annual Report of the Roanoke Civic Center for the year ended
June 30, 1989. He stated that the Civic Center had an outstanding year
with more than one-half million people attending various types of
events, with gross sales at approximately three million dollars and
generated revenue at more than one million dollars. He added that 191
events were held which represents more events than have ever been held
in a year in the history of the Roanoke Civic Center. He advised that
two-thirds of those events were trade shows and conventions by both
local, civic and religious organizations, and these types of meetings
would be more appropriately held in the proposed trade and convention
center than the coliseum. He stated that the Civic Center has booked
trade and convention shows well beyond the year 2000 and it would be
easy to book the facility for this type of event every weekend which
would have the effect of reducing the opportunity for sporting events
and concerts to be held in the coliseum as it was originally envi-
sioned. He asked that Council continue to give priority to the pro-
posed trade and convention center, and expressed appreciation to the
Members of Council and to the City Administration for their support of
the Roanoke Civic Center.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. Garland moved that the Annual Report be received and filed.
The motion was seconded by Mr. Fitzpatrick and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A con~nuntcatton from the Roanoke City School
Board requesting that Council appropriate $88,924.00 for public
building safety improvements to improve handicapped access and to
upgrade fire and safety systems in an older school building, advising
that the request also includes appropriation of $174,702.00 for the
1989-90 Chapter II program to provide funds for improvement of instruc-
tional services in the school district; and the School Board expects to
be reimbursed by Federal funds, in the amount of $144,394.00, with a
local match of $30,308.00 for the program, was before the body.
(For full text, see con~nunication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the request will
appropriate $88,924.00 in Series 1988 bond funding designated for
Educa-tion building improvements; that funding for the $30,308.00 local
match is available in the Education portion of the General Fund, in an
account entitled "Retirement - VSRS", Account No. 001-060-6001-6000-
0202; and recommended that Council concur in the request of the School
Board, was also before the body.
(For full text, see report on file in the City Clerk's Office,)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29776-92589) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General, Capital Projects, and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 377.)
399
ACTION:
Mrs. Bowles moved the adoption of Ordinance No. 29776-92589. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ................ 7.
NAYS: None ............
O®
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY: The
Assistant City Manager submitted a written report on behalf of the City
Manager advising that in response to the City's study, "No Place To
Call Home": A Study of Housing and Homelessness in Roanoke, Virginia,"
published in April, 1987, Total Action Against Poverty (TAP)
established the "Transitional Living Center (TLC) in September, 1988 to
provide comprehensive services enabling the homeless to stabilize their
lifestyle and become self-sufficient; that TAP was awarded a five-year
Supportive Housing Demonstration Program Grant from the United States
Department of Housing and Urban Development (HUD), in the amount of
$808,635.00 ($161,727.00 per year) to assist with operating costs of
tile Center; and during its first year of operation, the Transitional
Living Center provided comprehensive case management services to over
200 homeless people, g5 percent of whom consider the City of Roanoke
their home.
It was further advised that the grant from HUD requires matching
funds; that TAP must secure funds and pledges to match the Supportive
Housing Demonstration Program Grant; that in November, 1988, Council
adopted Ordinance No. 29373, authorizing appropriation of $17,847.00 to
TAP's Transitional Living Center; and during fiscal year lg88-89, the
City of Salem and the Counties of Botetourt and Roanoke provided finan-
cial support to the Center as follows:
Roanoke County
Salem
Botetourt County
$10,000.00
5,000.00
1,500.00
It was explained that TAP is conducting a fundraising campaign to
enlist con~nuntty support, both corporate and individual, for the
Transitional Living Center to secure funds and pledges to match the
Supportive Housing Demonstration Program award for 1989; that TAP must
document matching cash and pledges and qualifying in-kind support by
September 30, lg89; and TAP has requested that the four Roanoke Valley
governments supply 33 percent of the funds needed to match the HUD
grant, in the following amounts:
Roanoke City
Roanoke County
Salem
Botetourt County
$30,000.00
15,000.00
7,000.00
2,000.00
The City Manager recon~nended that Council appropriate $30,000.00
to Total Action Against Poverty for operating costs of the Transitional
Living Center; and transfer $30,000.00 to Total Action Against
Poverty's Transitional Living Center, Account No. 001-054-5230-3700,
from the General Fund Contingency, Account No. 001-002-9410-2199.
(For full text, see report on file in the City Clerk's Office.)
400
ACTION:
ACTION:
Mr. Garland offered the following emergency budget Ordinance:
(#29?77-92589) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 378.)
Mr. Garland moved the adoption of Ordinance No. 29777-92589. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........ 7.
NAYS: None ........
BUDGET-POLICE DEPARTMENT: The Assistant City Manager submitted a
written report on behalf of the City Manager advising that Congress
amended 21 USC. Section 881 el-4, in October, 1986, which authorized
the transfer of certain Federally forfeited property to state and local
law enforcement agencies that participated in the investigation and
seizure of the property; that application for an equitable share of
property seized by local law enforcement must be made to the U. S.
Department of Justice and certified by the City Attorney as to the
appropriate agency and representative to receive the property and that
the transfer is not prohibited by state or local law; and property
(including funds shared with state and local agencies) may be used only
for the purpose stated in the application, i.e., narcotics investiga-
tions related to law enforcement.
It was further advised that the agency requesting the transfer of
property must agree to pay fees and expenses necessary to effect the
transfer; that Council at its regular meeting on January 4, 1988,
authorized the Director of Finance to establish grant fund accounts
from which funds may be dispersed in accordance with provisions of the
program; that the Police Department receives additional funds periodi-
cally from t)ie Federal Government's asset sharing program; that Council
action is needed to accept additional funds to be dispersed; that reve-
nues collected to date for tile grant funds are $204,856.00 and depo-
sited in Grant Account No. 035-035-1234-7060; that current revenue
estimate is $78,688.00; and funding received in excess of the estimated
revenue which totals $126,168.00 needs to be appropriated at this time.
The City Manager reconmmnded that Council accept additional funds
from the U. S. Department of Justice, Forfeited Property Sharing
Program; and authorize the Director of Finance to appropriate
$126,168.00 to Grant Fund, Investigations and Rewards, Account No.
035-050-3300-2150, and increase the revenue estimate for said grant by
$126,168.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29778-92589) AN ORDINANCE to amend and reordain certain sec-
tions of the lg89-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 379.)
Mr. Musser moved the adoption of Ordinance No. 29778-92589. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .............................. 7.
NAYS: None .......................................... O.
401'
II
ACTION:
HUMAN RESOURCES-YOUTH: The Assistant City Manager submitted a
written report on behalf of the City Manager advising that the City of
Roanoke, County of Roanoke and City of Salem entered into a contract in
January, 1987, whereby the localities would jointly use Youth Haven I
and Youth Haven II to provide non-secure residential care for youth of
the Roanoke Valley; that under the terms of the contract, the per diem
rate was set at $25.00 for the first 18 months of operation; and three
jurisdictions have negotiated a new contract which bases the per diem
rate on the actual local operating expenses for the year prior to the
previous fiscal year or based on a per diem established by any Federal
or State agency for the facility or program.
It was further advised that the City of Roanoke, on behalf of
Youth Haven I, and the County of Roanoke, on behalf of Youth Haven II,
recently received Title XX vendor status as established by the
Commonwealth of Virginia's Department of Social Services' Interdepart-
mental Con~nittee on Rate Setting, which rates are calculated after con-
sidering the operating expenses, less any grants and monies received
from State and Federal agencies, as follows:
The rate established by the committee for the
1989 - 1990 fiscal year for Youth Haven I is
$28,44.
The rate established by the committee for the
1989 - 1990 fiscal year for Youth Haven II is
$34.55.
It was explained that Youth Haven II, operated by the County of
Roanoke, has executed a contract with the Commonwealth of Virginia's
Department of Social Services and is currently eligible to receive
children from Roanoke City's Department of Social Services using
Title XX funding for reimbursement; and Youth Haven I has received a
contract from the Commonwealth of Virginia's Department of Social
Services, which contract has been reviewed by the City Attorney and
needs to be duly executed and returned to the State Department of
Social Services.
The City Manager reconmm)nded that he be authorized to execute the
contract with the Commonwealth of Virginia's Department of Social
Services.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29779-92589) AN ORDINANCE authorizing a contract to be entered
with the Con~nonwealth of Virginia Department of Social Services for the
procurement of certain services at Youth Haven I by the County of
Roanoke's Department of Social Services for the term of fiscal year
1989-90; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 379.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29779-9258g.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...... 7.
NAYS: None ..........................
BUDGET-HUMAN RESOURCES: The Assistant City Manager submitted a
written report on behalf of the City Manager advising that the State
Department of Social Services has allocated $79,025.00 to the local
Social Services Department to provide home based services to eligible
adults who, because of advanced age, disability, or infirmity, are
unable to perform light housekeeping and personal tasks, and have no
one available to provide the services without cost; that allocation
provides home based services to approximately 40 citizens at $230.00
each per month; and funds will be used to purchase companion and home-
maker services to allow the individuals to live in the least restric-
tive environment, usually their own home, rather than a nursing home.
402
ACTION:
The City Manager recommended that Council authorize the transfer
of $15,805.00 from Health Department Subsidies, Account No. 001-054-
5110-3700, to Department of Social Services, Account No. 001-054-5314-
3160, Purchase of Services; and increase the revenue estimate of funds
received from the State Department of Social Services, Account No.
001-020-1234-0683, with a corresponding increase in Expenditures
Account No. 001-054-5314-3160 by $63,220.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29780-92589) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 380.)
Mr. Bowers moved the adoption of Ordinance No. 29780-92589. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... -7.
NAYS: None .................
STREETS AND ALLEYS-STATE HIGHWAYS: The Assistant City Manager
submitted a written report on behalf of the City Manager advising that
the Covenant Presbyterian Church is located at the intersection of
Deyerle Road and Chesterton Street, S. W.; that entrance to the Church
parking lot off of Deyerle Road is approximately 250 feet north of
Chester:on Street; and the crest of a hill on Deyerle Road is approxi-
mately 200 feet further north of the entrance, making it difficult to
see southbound traffic when entering or leaving the Church parking lot.
It was further advised that heirs of A. M. Rentck, Sr., own a
tract of land approximately 25.5 acres adjoining the Covenant Presby-
terian Church; that a proposed subdivision of this property includes a
new street to be named "Renfteld Drive" which would allow for reloca-
tion of the entrance to the Church parking lot; that Renfield Drive is
proposed to intersect with Deyerle Road at a point near the crest of
the hill north of the existing entrance to the parking lot; and
Covenant Presbyterian Church has requested permission to lower Deyerle
Road approximately seven feet at the crest, which will improve sight
distance for motorists using the street.
It was explained that Section 15.1-368, Code of Virginia (1950),
as amended, prescribes the procedures whereby existing public streets
may be graded and improved, and if the improvements are such as may
cause damage to the abutting owners, Council must authorize such work
and designate a con~ittee or appropriate City official to determine
what damages, if any, will accrue to the owners of abutting properties;
and all abutting property owners to the change in grade are agreeable
with and support the proposed lowering of the grade on Deyerle Road, as
evidenced by the covenant and release documents attached to the City
Manager's report.
The City Manager recommended that Council concur in the proposed
lowering of the grade on Deyerle Road, S. W.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#29781-92589) A RESOLUTION approving and concurring in the pro-
posed lowering of the grade of Deyerle Road, S. W., upon certain terms
and conditions.
(For full text of Resolution, see Resolution Book No. 51, page 381.)
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Resolution No. 29781-92589. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor---- 7.
NAYS: None ............ O.
GRANTS-POLICE DEPARTMENT: The Assistant City Manager submitted a
written report on behalf of the City Manager advising that the
Statewtde Interdepartment Radio System, "SIRS" Network, was developed in
1977 by the Division of Justice and Crime Prevention and the Department
of State Police; that the Radio Network was developed under a National
Grant enabling State Police to con~untcate directly with Sheriff's
Departments and Local Police Departments having low frequency radio
bands; and the Radio Network provides officer contact with adjoining
jurisdictions having a high band network with both high and low band
radios.
It was further advised that the system provides low enforcement
agencies with flexibility and expanded interaction between agencies;
that the City received grant approval on May 23, 1980, by the Fifth
Planning District Con~ission to participate in "SIRS", however, funding
was not forthcoming; that the City is eligible to participate under
Rule 9019 of F.C.C. rules and regulations; that the Department of
Criminal Justice Services has grant funds available for local depart-
ments who want to participate in the program; that the Conmunications
and Police Departments have jointly prepared the grant application; and
the grant application must be filed with the Department of Criminal
Justice Services no later than September 29, 1989.
The City Manager recommended that he be authorized to file the
grant application with the Department of Criminal Justice Services,
said funds to be provided by the State, in the amount of $75,634.00,
with a local cash match of $6,577.00 from the General Fund Contingency
Account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#29782-92589) A RESOLUTION authorizing and directing the City
Manager to file a grant application on behalf of the City of Roanoke
with the Department of Criminal Justice Services for an allocation of
funds to participate in the Statewtde Interdepartment Radio System
("SIRS") Network.
(For full text of Resolution, see Resolution Book No. 51, page 381.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29782-92589.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and )tayor Taylor ............. 7.
NAYS: None ..................................................... O.
SPECIAL PERMITS-CITY PROPERTY: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that
Junior Achievement of Roanoke Valley is a non-profit organization
serving 2,600 area students, grades 4-12; that the month of February
has been selected by the national headquarters as Junior Achievement
Month; that pursuant to comunication under date of June 23, 1989,
Laurie E. McMahon, Executive Director, has requested permission to fly
Junior Achievement logo flags from City owned street light poles in the
Central Business District for the month of February; and the original
request to fly flags for one month has been modified to two weeks, for
the period of February 11, 1990, through February 25, lg90.
403
404
ACTION:
The City Manager recommended that Council grant Junior Achievement
of Roanoke Valley permission to fly Junior Achievement logo flags from
street lighting poles in the Central Business District of the City for
the period of February 11, 1990, through February 25, 1990.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#29783-92589) AN ORDINANCE granting to Junior Achievement of
Roanoke Valley a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 382.)
Mr. Musser moved the adoption of Ordinance No. 29783-92589. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None ......... -0.
BUDGET-SEWERS AND STORM DRAINS-FLOOD REDUCTION/CONTROL: The
Assistant City Manager submitted a written on behalf of the City
Manager advising that flooding along Peters Creek in northwest Roanoke
has been a co~unity issue of concern for a number of years; that busi-
nesses and homes have been subject to periodic flooding resulting in
damages to personal property; that the Corps of Engineers began a
feasibility study along Peters Creek Road in 1971 when most of the
watershed was located in Roanoke County; and following the 1976 annexa-
tion, the Cerps discontinued the study for lack of a local sponsor,
which the City of Roanoke became in November 1985; and the Corps
completed its study in February, 1988.
It was further advised that in February 1989, the Corps of
Engineers notified the City that the Federal Government had no further
role on Peters Creek since all alternatives had less than a 1.0 to
i benefit to cost ratio; that City staff began an informal study of
Peters Creek in March 1989, in which a number of small channel improve-
ment projects proved to be feasible; that on July 5 and 6, 1989, storms
resulted in numerous flooded businesses and homes from Melrose Avenue
to Cove Road, N. W.; and the informal study was expanded in
August 1989, to include potential stor~ater detention basins, large
scale channel improvements, bridge replacement and floodproofing; and
the need for better mapping was identified since existing topographic
mapping is over 20 years old.
It was explained that Council requested the City Manager to engage
the services of a consultant to assist City staff in the identification
of appropriate flood reduction alternatives for Peters Creek Road; that
a request for proposals for consulting services was advertised on
August 20, 1989, and three proposals were received on August 25, 1989;
that interviews with Anderson and Associates, Hayes, Seay, Mattern and
Mattern, Inc., and Mattern and Craig, P. C., were conducted on
September 8, 1989, and Mattern and Craig, P. C., was determined to be
the most qualified firm; that negotiations with Mattern and Craig, P.
C., resulted in a proposed fee, in the amount of $44,300.00 for Peer
Review; and quotes for topographic and planimetrtc mapping were
received from Lumsden Associates, P. C., and T. P. Parker and Son,
Engineers and Surveyors, Ltd., with the low bid submitted by T. P.
Parker and Son, in the amount of $19,536.00.
The City Manager reconmmnded that he be authorized to execute a
professional services contract with Mattern and Craig, P. C., in a form
subject to approval by the City Attorney, with a cost not to exceed
$44,300.00; that he be authorized to execute a survey contract with
T.P. Parker and Son, in a form subject to approval by the City
Attorney, with a cost not to exceed $19,536.00; and that the Director
405
ACTION:
ACTION:
ACTION:
of Finance be authorized to transfer $63,836.00 from the Capital
Improvement Reserve - Storm Drain, Account No. 008-052-9575-9176, to
two new accounts to be established by the Director of Finance entitled
Peters Creek Road Flood Reduction - Peer Review, $44,300.00, and Peters
Creek Flood Reduction - Mapping, $19,536.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29784-92589) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 383.)
Mr. Trout moved the adoption of Ordinance No. 29784-92589. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ............................ 7.
NAYS: None ...........
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29785-92589) AN ORDINANCE authorizing the City Manager to enter
into a professional services contract for engineering services and a
service contract for mapping services relative to Peters Creek
flooding; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 383.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29785-92589.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ............ 7.
NAYS: None ......................
Mr. Trout called attention to the fact that between Peters Creek
and the City limits, many tributaries exist that contribute to neigh-
borhood flooding problems, and advised that it is important to develop
some type of m~chanism on how to relate to the numerous streams that
cause flooding conditions. He added that citizens who are located on
the various streams need to be assured that help is on the way, and the
only way to convince those citizens that the City is serious about all
of the tributary problems is to recognize that the head waters for all
of the streams are located outside of Roanoke City's jurisdiction and
boundaries. He spoke in support of requesting the Fifth Planning
District Commission to lend its expertise in the preparation of a
valley-wide study, with the Fifth PDC acting as a clearing house to
bring the Valley governments together, inasmuch as at the present time
there is no commitment from Roanoke County or other governmental juris-
dictions to participate in solving the flooding problems. He stated
that the support of the Fifth Planning District Commission is needed as
well as some form of commitment from Roanoke County and certain other
jurisdictions that they are willing to work with the City to give
needed attention to the head waters that originate in their respective
localities.
Mr. Trout moved that the City Manager and the City Attorney be
requested to confer with Roanoke County with regard to joining with the
City of Roanoke in coordinating a solution to the flooding problems
along Peters Creek Road by addressing head waters that originate out-
side of the Roanoke City limits; and that the matter also be referred
to the Fifth Planning District Commission to prepare a study for the
Roanoke Valley governments with regard to all of the tributaries that
contribute to the flooding problems in the Peters Creek Road area. The
motion was seconded by Mr. Garland and adopted.
406
ACTION:
HOUSING: The Assistant City Manager presented the latest ed(tton
of Roanoke's Vacant House Catalog. He stated that in 1984, the Housing
Development Office recognized that a substantial number of houses
within many areas of the City were vacant and deteriorating, and
because of the deterioration as well as the low price of many of the
vacant houses, they were not addressed by the private real estate
market. Ne pointed out that as a means was sought to encourage the
purchase and rehabilitation of the houses and return them to productive
re-use, the first vacant house catalog was developed and published in
the fall of 1984, and since that time the City has published one issue
each year containing a total of over 400 houses, with the most recent
issue having been published in the fall of 1988, including 85 houses in
that edition, with 29 houses or 34 per cent having been sold and impro-
vements ranging from minor repairs to complete rehabilitation. He
explained that this rate of success has been consistent throughout all
five issues and has resulted in the improvement of over 130 houses
within the Roanoke community. He presented Counc(1 with a copy of the
sixth edition of the Vacant House Catalog containing listings of over
100 houses which are available for purchase, many of which are eligible
for loans or other types of assistance to help with purchase and/or
repair such as low interest rates, low down payments, technical
assistance, grants and/or matching loans. He advised that the catalog
are available to the public without cost and may be obtained from the
City Building Commissioner's Office, City Information Desk, area
libraries, neighborhood groups through the Roanoke Neighborhood
Partnership and to the real estate community through the Roanoke Valley
Board of Realtors.
FLOOD REDUCTION/CONTROL: The Assistant City Manager referred to a
report from the City Manager regarding the status of damage to the City
as a result of Hurricane Hugo which occurred on September 22, 1989, and
outlining how the various City offices reacted. He pointed out that
there was no significant damage in the City with the exception of power
outages and down trees. He explained that the Roanoke River crested at
11.4 feet which meant that there were no reports of flooding at any
City facilities or private facilities and homes. He added that some
basements in the City were flooded which was the result of saturation
of ground water rather than flood waters. Ne explained that most City
departments were back to normal operation, and the City's clean-up
program would commence on Wednesday, September 27, 1989.
The Mayor expressed concern over the plight of citizens, espe-
cially those in the Charleston, South Carolina area, which was one of
the hardest hit areas as a result of Hurricane Hugo, and asked that the
City Manager appoint a committee to work with the Roanoke Chapter of
the American Red Cross, private and corporate citizens, etc., in order
to send a truckload of essential supplies to the City of Charleston as
expeditiously as possible.
Mr. Bowers moved that the matter be referred to the City Manager
for immediate response. The motion was seconded by Mr. Musser and una-
nimously adopted.
CITY ATTORNEY:
CITY CODE: The City Attorney submitted a written report trans-
mitting an ordinance regulating teenage dance halls and night clubs.
The City Attorney advised that Club 19, a teenage nightclub owned
and operated since July,.1988, by Randall Wayne Akers, provided teen
entertainment and became a popular place for teenagers to socialize;
that earlier this year, Mr. Akers was arrested by Roanoke City police
for allegedly videotaping young women in the Club's restroom; and
following his arrest, it was learned that Mr. Akers had been convicted
in lg83 of statutory rape, sodomy and taking indecent liberties with a
juvenile in Roanoke County.
Mr. Dibling pointed out that although this particular club has
closed and has not been in operation for several months, he continued
to be concerned that teenage dance halls and nightclubs are enterprises
that need to be regulated to protect the health, safety and welfare of
our young people, and in this regard, his office researched the issue,
reviewed regulations adopted by other municipalities and drafted an
ordinance which is recommended for Council's consideration.
4O7
ACT[OH:
The City Attorney advised that the Ordinance provides for the
following:
1. Require a permit to operate a teenage dance
hall or nightclub.
2. Mandates a background investigation for opera-
tors of teenage dance halls or nightclubs and their
employees;
3. Regulates the hours of operation for these
faci 1 ittes;
4. Prohibits persons twenty (20) years of age or
older form being on the premises;
5. Authorizes the revocation of a permit in the
event of alcohol or drug abuse on the premises;
6. Requires the provision of security for patrons
by operators of teenage dance halls and nightclubs;
7. Establishes an annual business license tax of
$600.0O;
8. States that violation of the ordinance shall
be a Class 3 misdemeanor (punishable by a fine of
$500.00); and
9. Exempts dances held for charitable purposes or
conducted under the auspices of governmental, reli-
gious, educational, benevolent, charitable or mili-
tary organizations.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29786-92589) AN ORDINANCE amending the Code of the City of
Roanoke (1979), as amended, by enacting new Article VI, Teenage Dance
Halls and Teenage Nightclubs, of Chapter 21, Offenses - Miscellaneous;
such new article requiring a permit for op~6atiOn of teenage dance
halls and nightclubs, regulating the conduct of such facilities,
establishing an annual license tax and providing for criminal penalties
for violations; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 384.)
Mr. Trout moved the adoption of Ordinance No. 29786-92589. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ............................ 7.
NAYS: None--- O.
At this point, 3:25 p,m., Vice-Mayor Fitzpatrick left the meeting.
REPORTS OF COI~ITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SALE/PURCHASE OF PROPERTY-SPECIAL PERMITS: Ordinance No. 29751-
92589 authorizing and directing the proper City officials to permit
Relish Realty, a Virginia partnership, to use that certain lot or par-
cel of land situate in the City, identified as Official Tax No.
4010116, known as the old A & P Building, for a period of time up to
July 20, 1990, upon certain terms and conditions, having previously
been before the Council for its first reading on Monday, September 11,
4O8
ACTION~
ACTION:
ACTION:
1989, read and adopted on its first reading and laid over, was again
before the body, Mr. Trout offering the following for its second
reading and final adoption:
(#29751-92589) AN ORDINANCE authorizing and directing the proper
City officials to permit Relish Realty, a Virginia partnership, to use
certain property to be purchased by the City, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 375.)
Mr. Trout moved the adoption of Ordinance No. 29751-92589. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ......... -6.
NAYS: None ...........
(Vice-Mayor Fitzpatrick was absent.)
.0.
BLUE CROSS/BLUE SHIELD-SPECIAL PERMITS: Ordinance No. 29768-92589
authorizing the installation of a curbside depository box on the
southerly side of Franklin Road, S. W., located on a portion of Offi-
cial Tax No. 4016003, to Blue Cross Blue Shield of Virginia, upon cer-
tain terms and conditions, having previously been before the Council
for its first reading on Monday, September 11, 1989, read and adopted
on its first reading and laid over, was again before the body, Mr.
Trout offering the following for its second reading and final adoption:
(#29768-92589) AN ORDINANCE authorizing the leasing of certain
City-owned property to Blue Cross Blue Shield of Virginia, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 376.)
Mr. Trout moved the adoption of Ordinance No. 29768-92589. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent.)
.0.
CITY PROPERTY-SPECIAL PERMITS: Ordinance No. 29769-92589 granting
a revocable license to Community Hospital of Roanoke Valley, for the
construction of a canopy encroaching approximately ten feet over and
into the public right-of-way of the public sidewalk, located at 920
South Jefferson Street, Official Tax No. 4020701D, upon certain terms
and conditions, having previously been before the Council for its first
reading on Monday, September 11, 1989, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering
the following for its second reading and final adoption:
(#29769-92589) AN ORDINANCE granting a revocable license for the
construction of a certain building appendage encroaching over and into
the right-of-way of the public sidewalk, located at 920 South Jefferson
Street, Official Tax No. 4020701D, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 376.)
Mr. Trout moved the adoption of Ordi~ance No. 29769-92589. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles and Mayor
Taylor ................. . .................... 5.
NAYS: None ...........
(Vice-Mayor Fitzpatrick was absent.) (Council Member Garland abstained
from voting, inasmuch as he is employed by Community Hospital of
Roanoke Valley.)
409
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COItqENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meettng
adjourned at 3:35 p.m.
ATTEST:
r--,-.. ~,~,.~, ~.-
City Clerk
APPROVED
!!
410
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 2, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 2, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'[1-~,as amended.
PRESENT: Council Members Robert A. Garland, Howard E. Musser, James O.
Trout, David A. Bowers, Elizabeth T. Bowles and Mayor Noel C. Taylor .......... 6.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr.
.1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wtlburn C. Dibling,
Jr., City Attorney; James D. Grtsso, Deputy Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Theodore E.
Landis, Retired Minister.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and comnittees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ......... 6.
NAYS: None .........
.0.
(Vice-Mayor Fitzpatrick was absent.)
ZONING: A report of the City Manager with regard to amending the
boundaries of the City of Roanoke's Enterprise Zone, was before
Council.
The City Manager advised that the City received the Enterprise
Zone designation in 1983 by Governor Charles S. Robb under authority of
the Virgtn!a 1982 Urban Enterprise Zone Act; that the Enterprise Zone
Program in aoanoke has been successful in promoting economic develop-
ment within ~he inner City; and there are currently 14 companies that
are certified to receive Zone benefits and incentives in the City, and
no Enterprise Zone in Virginia has certified more businesses than
Roanoke.
ACT[ON:
It was further advised that Roanoke's Enterprise Zone encompass
1,895 acres; and in accordance with State Enterprise Zone regulations,
the City may file an application with the Department of Housing and
Co~untty Development to expand its Zone to a maximum of 1,906 acres,
thus allowing 11 additional acres for possible expansion.
The City Manager explained that the Department of Economic
Development has determined three areas not currently in the Zone which
would benefit from being incorporated therein described as follows:
Starting at the intersection of Luck Avenue and 5th
Street at Official Tax No. 1113513, south to
Marshall Avenue at Official Tax No. 1113531, west
one and one-half blocks to include Official Tax No.
1113313, north to include Official Tax No. 1113304,
south to include Official Tax No. 1113501, then
east to include Official Tax No. 1113513. The
major industry in this area is the Roanoke Dyeing
and Finishing facility which is experiencing pheno-
menal growth,
Starting at the intersection of 18th Street and
Melrose Avenue at Official Tax No. 2322115, west
three and one-half blocks to the intersection of
Salem Turnpike and Melrose Avenue to include
Official Tax No. 2321814, northeast to the inter-
section of Orange Avenue and 20th Street to include
Official Tax No. 2321904, east one block to include
Official Tax No. 2322001, south one-half block to
include Official Tax No. 2322109, then east one
block to include Official Tax No. 2322115. The
vacant northwest Kroger grocery store is located in
this area.
Starting with the southwest corner of the Official
Tax No. 2111710 north following the CN zoning line
to Orange Avenue at the northwest corner of
Official Tax No. 2222108 east along Orange Avenue
to the northeast corner of Official Tax No. 2120801
south along CN zoning line to the southeast corner
of Official Tax 2120801 south along CN zoning line
to the southeast corner of Official Tax No. 2111802
west to the starting point.
It was further explained that the Office of Economic Development
has determined one area currently in the Zone which is not eligible to
receive Zone benefits and therefore should be removed which is the only
residentially zoned area in the Enterprise Zone and contains the Indian
Rock Village Public Housing Project, described as follows:
Starting at the intersection of Wise Avenue and
19th Street at Official Tax No. 4210337, northeast
to Tinker Creek, southeast following the northern
boundary of Official Tax No. 4210333 to Wise
Avenue, west following Wise Avenue to the starting
point. Official Tax No. 4210333, 4210334, 4210335,
4210336 and 4210337 make up this area.
The City Manager recon~nended that the City's Enterprise Zone be
expanded by amending the boundaries and that Council authorize the City
Clerk to schedule a public hearing on Monday, October 9, 1989, at
7:30 p.m., in order to receive citizen co~nent on the proposed amend-
ment to the boundaries of the current Enterprises Zone, after which
time Council will be requested to act upon the proposed amendment.
(For full text, see'report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the reconmendation of the
City Manager to hold a public hearing on Monday, October 9, 1989, at
7:30 p.m., or as soon thereafter as the matter may be heard. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
41'1.
412
ACTION:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ......... .6.
NAYS: None ......... O.
(Vice-Mayor Fitzpatrick was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
September 25, 1989, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pendin9 list be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ....... 6.
NAYS: None .........
(Vice-Mayor Fitzpatrick was absent.)
REGULAR AGENDA:
-0.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
INDUSTRIES-SEWERS AND STORM DRAINS-COMPLAINTS: Mr. John P. Frye,
Jr., President, Statesman Industrial Park Association, appeared before
Council and advised that the Association represents 56 businesses and
approximately 1,056 employees of the Statesman Industrial Park. He
stated that for the past three years, Statesman Industrial Park has
worked with the City to identify needs of the Park, to set priorities
on those needs and to obtain funding for needed projects. He added
priorities, but has been unsuccessful in efforts to have funds com-
mitted to a program to resolve existing problems in the industrial
park. He added that the needs of the industrial park are basic; viz:
(1) a drainage system, (2) curb and gutter, (3) street paving in some
areas and (4) landscaping and an entrance sign.
Mr. Frye explained that the needs of Statesman Industrial Park
continue to be pushed into the future which is unacceptable to the
tenants located in the industrial park. He stated that the City
annexed the industrial park 13 years ago and in the view of existing
businesses has essentially forgotten about the park since that time,
however, the City has not forgotten to collect taxes. He pointed out
that the needs of the facility were the same in 1976 as they are today,
yet nothing has been done, advising that tenants have paid their taxes
and waited long enough for what they consider to be minimum and accep-
table drainage and appearance facilities.
Mr. F~Te stated that the City is in the midst of certain large
scale economic development projects, and the Association supports these
projects in order to invest in the future growth of the Roanoke Valley;
however, it questions the City's priorities when new projects attract
millions of dollars and Statesman Industrial Park cannot get on the
program for discussion, advising that some priority needs to be given
to existing facilities as well as those generating tax dollars everyday
for the City's budget, and the City needs to pay more attention to sup-
porting existing businesses in the Roanoke Valley.
Mr. Frye called attention to the growing number of businesses in
Statesman Industrial Park, some of which have expansion plans currently
underway, and two of which are moving from the industrial park because
they have outgrown their existing facilities and want to provide a
decent setting for their company, customers and employees. He stated
that he had personally brought potential customers from seven foreign
countries to his facility in the last 18 months and was embarrassed by
the appearance of the industrial park and its lack of facilities which
tends to hurt potential business prospects. He added that the
industrial park needs a face lift which will help growth prospects and
dramatically improve the morale of approximately 1600 employees.
ACTION:
In concluding, Mr. Frye stated that the City was being requested
to provide minimum acceptable facilities in Statesman Industrial Park,
giving economic development spending priority to existing facilities
and in particular to Statesman Industrial Park, and to pay more atten-
tion to supporting the growth of existing businesses in the Roanoke
Valley. He stated that the City Manager and his staff would be in the
best position to a~dress the amount of funds that would be required to
implement the necessary improvements; however, preliminary discussions
to date would indicate that approximately two million dollars or more
would be required to complete all of the projects, depending upon the
amount of funds required for landscaping and completing an attractive
entrance to the industrial park. He requested that a spending program
for these projects be established over a three to four year time
period, advising that it was understood that engineering studies
costing approximately $200,000.00 would need to be completed first and
asked that funds be included in the upcoming budget, followed by a
spending program and a timetable for completion of the project by
1992-93.
Following discussion, Mr. Trout moved that the matter of
correcting drainage problems as well as other improvements in the
Statesman Industrial Park be referred to the City Manager and the
Director of Finance for report to Council with regard to developing a
source of funds for a comprehensive plan, a timetable for completion of
the comprehensive plan, and a timetable for inclusion of such improve-
ments in a bond issue to be categorized as a high priority economic
development item. The motion was seconded by Mr. Garland and adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that the storm drain inlets located at the
intersection of Elm Avenue and First Street, S. W., have been deter-
mined to be connected directly to discharge into the existing 12 inch
sanitary sewer running along Elm Avenue to Jefferson Street; that a
City Ordinance prohibits the introduction of storm water run-off into
the public sanitary sewer system; and inlets are concentrating storm
water run-off and inducing flow into the sanitary sewer system beyond
the limits for which they were designed to function.
It was further advised that construction plans have been proposed
by the Engineering Departmentto solve the problem; that construction
plans propose plugging the outlet ends of the three inlets at Elm
Avenue and 1st Street and installing two additional inlets downstream
at Elm Avenue and Jefferson Street to discharge into the existing storm
system; that run-off which was formerly concentrated at the old inlets
and discharged into the sanitary sewer system can then flow along the
existing gutter lines to the new inlets at Jefferson Street; that
construction will be accomplished by City forces, at an estimated cost
of $28,000.00, and it is necessary to authorize funds in the amount of
$10,000.00 to purchase materials; that labor charges for the work will
be billed to the Street Maintenance Department budget through internal
billing; and funding is available in the Street Maintenance budget for
said charges, with work to be performed by the Utility Line Services
Department.
The City Manager recommended that Council authorized the Director
of Finance to transfer $10,000.00 from the Internal Service Fund
Contingency, Account No. 006-002-9411-2199, to Account No. 006-056-
2625-3005, Project Supplies, to allow City forces to purchase necessary
materials and construct the project.
(For full text, see report on file in the City Clerk's Office.)
41'3
41'4
ACTION:
ACTION:
ACTION:
Mr. Trout offered the following emergency budget Ordinance:
(#29787-10289) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 387.)
Mr. Trout moved the adoption of Ordinance No. 29787-10289. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ....... 6.
NAYS: None ..........
(Vice-Mayor Fitzpatrick was absent.)
DIRECTOR OF FINANCE:
ANNUAL REPORTS: The Director of Finance submitted the financial
report of the City of Roanoke for the month of August, 1989.
(For full text, see financial report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the financial report be received and filed.
The motion was seconded by Mr. Bowers and adopted.
CITY ATTORNEY:
LEGISLATION-CITY CHARTER: The City Attorney submitted a written
report transmitting the proposed City Legislative Program for the 1990
Session of the General Assembly, pointing out that after Council has
had a full opportunity for review of the document, it should be
officially endorsed by adoption of a resolution so that Council's
annual meeting with our legislators may be scheduled at an early date.
Mr. Dibling explained that the Legislative Program includes a pro-
posed Charter amendment which will conform the Roanoke City Charter to
provisions of the State Code relating to procurement; that Charter
amendments may be requested of the General Assembly only after a public
hearing which must be advertised ten days in advance; and requested
that Council authorize such advertisement to permit a public hearing to
be held on October 23, 1989, at 2:00 p.m.
(For full text, see report and proposed Legislative Program on file in
the City Clerk's Office.)
Mr. Garland moved that Council concur in the recon~nendation of the
City Attorney and schedule a public hearing to be held on Monday,
October 23, 1989, at 2:00 p.m., or as soon thereafter as the matter may
be heard. The motion was seconded by Mr. Trout and adopted.
_CITY CODE-TRAFFIC-POLICE DEPARTMENT: The City Attorney submitted
a written report advising that at the most recent Session of the
General Assembly, Title 46.1, "Motor Vehicles," of the State Code was
recodifted as Title 46.2, effective October 1, 1989; that throughout
the City Code and particularly in Title 20, "Motor Vehicles and
Traffic," there are numerous references to State Code sections per-
taining to motor vehicles; and in order to make the City Code con-
sistent with the State Code and to ensure that any motor vehicle
infractions which are charged under the City Code are not subject to
challenge as being inconsistent with state requirements, his office
prepared an ordinance which amends several sections of the City Code.
It was explained that the proposed amendments are mainly house-
keeping in nature and do not reflect any changes in City requirements
other than those mandated by state law; and the proposed ordinance has
been reviewed and approved by the Police Department.
(For full text, see report on file in the City Clerk's Office.)
II
II
ACT ! ON:
ACTION:
Mr. Musser offered the following emergency Ordinance:
(#29788-10289) AN ORDINANCE amending and reordatning subsection
(a) of §20-6, Adoption of state law; subsection (d) of §20-7, General
powers and duties of city manager with respect to traffic; sub*sec't'ton
('~) of §~0J11, General duty o~'"drtv6~s"and pas{engers in event of
accident; subsection (b) of §20-26, R6'~utred; exceptions;' SubsectiOn
(8) of §20-28, Tax tmposed~ subsection (11) of §20'65, 'Parking pro-
hibited in specif'~ed' places, subsection (J) of §20-69, Parking regula-
tions on "p~op'erty of Virginia Western Community College; §20-76, Park-
~g in Spaces reserved for handt.qapped perso~si 'subsection
§20-8!, ~xemptions from certain requir'e'ments 'of park~n~ meter regula-
tions, s~§'ecttons (b)(1), (b)(2), '(b)(3), and (c) of"§20-89, Penalties
o}~6~--~nlawful parking; §20-93, Impoundment authorized;.§20-101, Deftni;
'tJons; §2bLlO~, Abandoned vehiEle? may b'e taken into custody; §20-103,
~e to owner o'f Vehicle taken ~nto custody, §20~104,' Sal'e of vehicle
at public auction; disposition of proceeds; §20-105, VehiCles abandoned
~'n garages; §20-106, Disposition of inoperable aband6ned 'vehicles; and
~bsectton (a) of §21-4b~1, Open stOrage of InoPerative vehicles in
residential or commercial or ~icul(ural districts of the Cod~ of the
~ity of Roanoke (1979), as ame~aed; to conform such secttons to the
reordained provisions of Title 46.2 of the Code of Virginia (1950), as
amended; and providing for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 51, page 388.)
Mr. Musser moved the adoption of Ordinance No. 29788-10289. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor--- 6.
NAYS: None ...........................
(Vice-Mayor Fitzpatrick was absent.)
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council Member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for construction of the Williamson Road Storm Drain, Phase 2,
Contract IG, Left Segment, presented a written report on behalf of the
committee recommending that Council award a contract to Aaron J.
Conner, General Contractor, Inc., in the amount of $1,009,604.20, in a
form subject to approval by the City Attorney; authorize the establish-
ment of a contingency fund for the project, in the amount of
$100,960.80; authorize the Director of Finance to appropriate
$413,855.00 from Sewer Fund Retained Earnings and appropriate
$696,710.00 from Undesignated Funds in the Capital Projects Fund; and
reject the other bid received.
The City Manager submitted a written report concurring in the
recommendation of the con~nittee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29789-10289) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Sewage and Capital Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 394.)
Mr. Garland moved the adoption of Ordinance No. 29789-10289. The
motion was seconded by Mr, Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ................................................... 6.
NAYS: None .............. ....................................... O.
41'5
(Vice-Mayor Fitzpatrick was absent.)
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#29790-10289) AN ORDINANCE accepting the bid of Aaron J. Conner,
General Contractor, Inc., for construction of Williamson Road Storm
Drain, Phase 2, Contract IG, Left Segment, upon certain terms and con-
ditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 395.)
Mr. Garland moved the adoption of Ordinance No. 29790-10289. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ......... 6.
NAYS: None ........
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-CITY INFORMATION SYSTEMS: Council Member Robert A.
Garland, Chairman of a con~ntttee appointed by the Mayor to tabulate
bids received for a new uninterruptible power source for the City
Information System in Municipal North, presented a written report on
behalf of the con~ntttee, recommending that Council authorize the City
Manager to enter into a contract with Varney Electric Company, Inc., in
the amount of $84,500.00 and 60 consecutive calendar days for comple-
tion in accordance with contract documents as prepared by the Office of
City Engineer; that the Director of Finance be authorized to appro-
priate $90,000.00 from the Internal Service Fund Prior Years' Retained
Earnings to CIS, Account No. 006-050-1601-9015, Other Equipment; and
that all other bids be rejected.
The City Manager submitted a written report concurring in the
recon~nendatton of the con~nittee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29791-10289) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 396.)
Mr. Garland moved the adoption of Ordinance No. 29791-10289. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........ . ........... 6.
NAYS: None ...........
(Vice-Mayor Fitzpatrick was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29792-10289) AN ORDINANCE accepting the bid of Varney Electric
Company, Incorporated, for providing and installing a new Uninterrup-
tible Power Source System for City Information Systems in Municipal
North, upon certain terms and conditions, and awarding a contract
therefor; authorizing the proper City officials to execute .the
requisite contract for such work; rejecting all other bids ~de to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 396.)
Mr. Garland moved the adoption of Ordinance No. 29792-10289. The
motion was seconded by Mr. Musser and adopted by the following vote:
417
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ....... 6.
NAYS: None ......... O.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-SALE/PURCHASE OF PROPERTY-TRAFFIC: Council Member
Elfzabeth T. Bowles, Chairman of the Water Resources Con~nittee pre-
sented a written report on behalf of the conTnittee with regard to
Brandon Avenue widening.
A staff report explained that Brandon Avenue, S. W., is a four-
lane roadway from Colonial Avenue to the lower Towers Mall access road,
then a three-lane roadway to Malcolm Street, a distance of approxima-
tely 900 feet, at which point it widens to again become a four-lane
roadway; that Council, at its meeting on October 28, 1985, heard a
request from Council Member David A. Bowers that the then Acting City
Manage)', W. Robert Herbert, study the feasibility of adding an addi-
tional westbound traffic lane to the portion of Brandon Avenue between
the lower Towers Mall access road and Main Street, S. W.; and following
staff review of the project, Council, at its meeting on January 21,
1986, directed the City Manager to include, for consideration in the
next Capital Improvement Program, the construction of the project.
It was explained that Council, at its meeting on November 28,
1988, approved an expenditure list for the Fiscal Year 1988-89 Capital
Maintenance and Equipment Replacement Program which included
$160,000.00 for construction of the Brandon Avenue widening project;
that design plans are complete to a point where contact has been ini-
tiated with the property owners from whom the City needs to acquire
right-of-way for the purpose of constructing a westbound Brandon Avenue
turn lane onto Main Street; and funds to acquire the necessary project
right-of-way are available from Capital Improvement Reserve - Streets
and Bridges, Account No. 008-052-9575-9181.
It was advised that the City Manager is exercising his authority,
as defined in Section 21, of the City Charter, to accept the right-of-
way donations for a portion of the right-of-way being donated to the
City; and appraisals and monetary offers equal to the amount of the
appraisal have been made for right-of-way which has not been donated to
the City.
The Water Resources Committee reco~nended that Council authorize
transfer of funds for acquisition of right-of-way for the Brandon
Avenue Widening Project, in the amount of $10,000.00, from Capital
Improvement Reserve - Streets and Bridges, Account No. 008-052-9575-
8181 to a new account to established by the Director of Finance in the
Capital Projects Fund, "Brandon Avenue Land Purchase".
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29793-10289) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Capital Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 397.)
ACTION:
Mrs. Bowles moved the adoption of Ordinance No. 29793-10289. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ............................. 6.
NAYS: None ....................... O.
(Vice-Mayor Fitzpatrick was absent.)
41'8
ACTION:
ACTION:
Mrs. Bowles offered the following emergency Ordinance:
(#29794-10289) AN ORDINANCE providing for the acquisition of real
estate needed by the City for widening Brandon Avenue, S. W.,
authorizing the City Manager to affix a certain limit of the con-
sideration to be offered by the City for each parcel; providing for the
City's acquisition of such real estate by condemnation, under certain
circumstances; authorizing the City to make motion for the award of a
right of entry on the parcels for the purpose of commencing the pro-
ject; and directtn§ the mailing of this ordinance to the property
owner(s).
(For full text of Ordinance, see Ordinance Book No. 51, page 398.)
Mrs. Bowles moved the adoption of Ordinance No. 29794-10289. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........... .6.
NAYS: None ........ .0.
(Vice-Mayor Fitzpatrick was absent.)
HOUSING-CITY PROPERTY-DONATIONS: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources, presented a written report on
behalf of the con~nittee, in connection with donation of a City owned
lot described as Official Tax No. 2021779, to the City of Roanoke
Redevelopment and Housing Authority.
A staff report explained that Lot 40, Gale and Andrews Map,
Official Tax No. 2021779, is owned by the City, with an assessed value
for tax purposes of $350.00; and adjoining lots on either side of the
property are owned by the City of Roanoke Redevelopment and Housing
Authority.
It was further explained that construction of affordable housing
is being pursued by the Housing Authority through contract with Habitat
for Humanity; that donation of the lot has been requested by the
Housing Authority; that affordable housing is a goal of Council; and
once low income housing is developed and sold, the improved property
generates tax revenue for the City.
The Water Resources Comntttee recon~nended that Council authorize
conveyance of property identified as Official Tax No. 2021779 to the
City of Roanoke Redevelopment and Housing Authority, free of charge, in
accordance with conditions stated in a staff report.
(For full text, see reports on file in the City Clerk's Office,)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29795-10989) AN ORDINANCE authorizing the donation by the City
of certain City-owned property to the Roanoke Redevelopment and Housing
Authority, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 399.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ............ .---6.
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent.)
CITY PROPERTY-SCHOOLS-PARKS AND PLAYGROUNDS: Council Member
Elizabeth T. Bowles, Chairman of the Water Resources Con~ntttee, pre-
sented a written report on behalf of the Comntttee, in connection with
tempora)~ office space for the Jefferson Center Foundation at the Parks
and Recreation Office, 210 Reserve Avenue, S. W.
419
ACT[OH:
A staff report explained that the Jefferson High School Comntttee
was appointed by Council in May 1986, to consider and recon~nend
feasible options for use of the former Jefferson High School Building;
that foundation status was sought by the con~ntttee in the name of
Jefferson Center Foundation in early 1989 in order to begtn a
fundralslng campaign in an attempt to transform the building into an
arts, educational and office complex for the Roanoke Valley; and the
Articles of Incorporation for the Foundation were developed, a 13
member Board of Directors was vestablished, by-laws were formulated,
and tax-exempt status was applied for.
It was further explained that administrative needs for clerical
staff, a professional fundratstng consultant, and an office in which to
house staff has developed; that a part-time secretary was hired and a
six month contract was entered into with Whittaker and Associates, a
fundraistng organization; and the Foundation is acting on behalf of the
City and for the benefit of all citizens in attempts to develop a
viable, useful and attractive community facility.
It was pointed out that the Foundation has approached the City
requesting office space through early 1990; that appropriate space is
temporarily available at the Department of Parks and Recreation/
Grounds Maintenance, 210 Reserve Avenue, S. W., and the department is
willing to house the Foundation through the period of the request, and
possibly longer if necessary; and the Foundation has purchased public
liability insurance, in the amount of $1,000,000.00 and is willing to
name the City, its officers, employees and agents, as additional
insured and to indemnify and hold the City harmless.
The Water Resources Con~tttee recommended that Council authorize
the provision of temporary office space until Janaury 31, lggo, and
thereafter on a month-to-month basis, to the Jefferson Center Founda-
tion at the Department of Parks and Recreation/Grounds Maintenance
facility located at 210 Reserve Avenue, S. W.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29796-10989) AN ORDINANCE authorizing the proper City officials
to enter into a lease between the City and the Jefferson Center
Foundation, Ltd., for use of certain office space in the Department of
Parks, Recreation and Grounds Maintenance Building on Reserve Avenue,
S. W., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 400.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........................ 6.
NAYS: None ............... O.
(Vice-Mayor Fitzpatrick was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COb~4ENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
BUDGET-FLOOD REDUCTION/CONTROL: The Mayor called attention to a
comnuntcation from the United States Conference of Mayors with regard
to a request to provide tangible assistance to the victims of Hurricane
Hugo, which occurred on September 22, 1989, especially in the
Charleston, South Carolina,' area where approximately 15,000 trees
needed to be cleared from the streets, nearly one-third of all of the
buildings had received roof damage, and it could take anywhere from two
420
ACTION:
ACTION:
weeks to a month to restore electricity. He advised that help was
needed in clearing trees and providing food, clothing and building
supplies, etc. He stated that when the City of Roanoke received the
request for assistance, it was discovered that all of the City's equip-
ment was being used for clean up efforts as a result of Hurricane Hugo
at the local level and therefore the City Manager did not feel that he
was at liberty to send equipment to Charleston; however, he requested
the Director of Public Works to calculate what it would cost for the
City of Roanoke to send equipment and personnel to Charleston, South
Carolina, for two weeks and it was determined that it would be in the
range of $6,500.00; therefore, the City agreed to be the lead agency
and contributed $6,500.00 to the disaster relief fund and employees of
the City of Roanoke voluntarily gave another $3,700.00, thereby making
the City's overall gift in excess of $10,000.00. In addition, he
stated that the Advance Stores Company donated $7,500.00, and two other
persons, one being an elected official who wished to remain anonymous,
gave a check in the amount of $500.00, and Dominion Bank contributed
$10,000.00. He commented that an official of the Local Chapter of the
American Red Cross had publicly stated that this was the first time in
the history of the Red Cross that a City had taken the lead in such a
way that had spurred other gifts of this magnitude.
The Mayor expressed appreciation to the Members of Council for
their kindness in permitting the City of Roanoke to contribute to the
disaster relief fund.
The City Manager commended City employees for their voluntary
efforts in raising in excess of $3,700.00.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance: ,
(#29797-10289) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 399.)
Mr. Musser moved the adoption of Ordinance No. 29797-10289. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .............. 6.
NAYS: None ............
.0.
(Vice-Mayor Fitzpatrick was absent.)
OTHER HEARINGS OF CITIZENS: NONE.
At 3:20 p.m., the Mayor declared the meeting in recess.
At 3:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Vice-Mayor Fitzpatrick.
Mr. Musser moved with respect to the Executive Session just
concluded, that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act, and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ...................... 6.
NAYS: None ............... ,--0.
(Vice-Mayor Fitzpatrick was absent.)
421.
BUILDINGS: The Mayor advised that the five year term of Mr.
Paul V. Childress, Jr., as a member of the Board of Adjustments and
Appeals, Building Code, would expire on September 30, 1989, and called
for nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Paul V. Childress.
There being no further nominations, Mr. Paul V. Chtldress was
reelected as a member of the Board of Adjustments and Appeals, Building
Code, for a term of five years, ending September 30, 1994, by the
following vote:
ACTION: FOR MR. CHILDRESS: Council Members Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...................................... 6.
(Vice-Mayor Fitzpatrick was absent.)
CIVIC CENTER: The Mayor advised that the three year term of Mr.
Daniel E. Wooldrldge as a member of the Roanoke Civic Center Commission
would expire on September 30, 1989, and called for nominations to fill
the vacancy.
Mr. Garland placed in nomination the name of Daniel E. Wooldridge.
'There being no further nominations, Mr. Daniel E. Wooldridge was
reelected as a member of the Roanoke Civic Center Comnission for a term
of three years ending September 30, 1992, by the following vote:
ACTION: FOR MR. WOOLDRIDGE: Council Members Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...................... 6.
(Vice-Mayor Fitzpatrick was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 3:40 p.m.
ATTEST:
APPROVED
City Clerk
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 9, 1989
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 9, 1989, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, ~e§ular
~,sa, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
s amended.
PRESENT: Council Members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland and
Mayor Noel C. Taylor .................. 7.
ABSENT: None ..............
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; William X Parsons, Assistant City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 9, 1989, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Mr. J. F. Davis
that a tract of land lying on the southeasterly side of Carvin Street,
N. E., fronting 159 feet on Carvin Street, Official Tax Nos. 3322301
and 3322201, be rezoned from RM-1, Residential Multi-Family, Low
Density District, to RM-2, Residential Multi-Family, Medium Density
District, subject to certain conditions proffered by the petitioner,
the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 22, 1989, and Friday, September 29, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Comnission advising that the purpose
of the request for rezoning is to permit the construction of an eight-
unit apartment building; and an amended petition to rezone was filed on
September 13, 1989, with the following proffered conditions, was also
before Council.
A ten foot buffer of white pines, at least six feet
tall, staggered approximately each twelve feet will
be planted along the southwest side of the pro-
perty.
The property will be developed in substantial
compliance with the conceptual plan attached to the
report.
There~wtll be no more than eight units constructed
on the site.
If no building permit has been issued and no
construction conmmnced within three years from the
date of final zoning approval, the zoning shall
revert to RM-1, Residential Multi-Family District
without further action by Council.
423
ACTION:
The City Planning Commission recommended that the request for
rezonin§ be approved, advising that given the size of the parcel and
the proposed development plan, the neighborhood would realize the bene-
fit of improvement to a vacant parcel and the intent of the comprehen-
sive plan would be followed.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29798) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 332, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 410.)
The motion was seconded by Mr. Garland.
Mr. W. H. Fraltn, Attorney, appeared before Council in support of
the request of his client.
The Mayor tnqulred if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29798, was adopted on its first reading by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............................. 7.
NAYS: None ............
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 9, 1989, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Messrs. Joel J.
Ewen and David H. Luther, that a tract of land fronting on Mexico Way,
250 feet, more or less, from the intersection of Mexico Way and Orange
Avenue, N. E. (U. S. Route 460 East), being a portion of Official Tax
No. 7110105, be rezoned from RS-3, Single Family Residential District,
to C-2, General Con~nerclal District, subject to certain conditions
proffered by the petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 22, 1989, and Friday, September 29, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Comisslon advising that the purpose
of the request for rezoning is to permit the construction of a sales
and gas filling and distribution business; and an amended petition to
rezone was filed on September 8, 1989, stating that if no building per-
mit is issued or no construction con~nenced within three years of the
effective .date of the ordinance rezoning the property, the zoning
designation would revert to RS-2, Single Family Residential District,
without further action of City Council, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29799) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 711, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 411.)
424'
ACTION:
The motion was seconded by Mr. Bowers.
Mr. James F. Douthat, Attorney, appeared before Council in support
of the request of his clients.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29799, was adopted on its first reading by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .......... 7.
NAYS: None ........ -0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, and pursuant to motion adopted by the Council
at its regular meeting on Monday, October 2, 1989, the City Clerk
having advertised a public hearing for Monday, October 9, 1989, at
7:30 p.m., or as soon thereafter as the matter may be heard, with
regard to a proposed expansion of the City of Roanoke's Enterprise Zone
by the addition of approximately 23.5 acres located in Census Tracts 8
and 10, and deletion of approximately 12. 5 acres located in Census
Tract 13, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning and evening editions of the Roanoke Times & World-News on
Friday, October 6, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Manager advising that the City of Roanoke
received Enterprise Zone designation in 1983 by Governor Charles S.
Robb under authority of the Virginia 1982 Urban Enterprise Zone Act;
that the Enterprise Zone Program in the City has been successful in
promoting economic development within the inner city; that currently 14
companies are certified to receive zone benefits and incentives; and
there is no zone in Virginia that has certified more businesses than
the City of Roanoke, was before Council.
The City Manager further advised that Roanoke's Enterprise Zone
encompasses 1,895 acres; that in accordance with State Enterprise Zone
regulations, the City may file an application with the Department of
Housing and Comnunity Development to expand the City's zone to a maxi-
mum of 1,906 acres, thus allowing 11 additional acres for possible
expansion; and the Department of Economic'Development has determined
three areas not currently in the zone which would benefit from being
incorporated into the Enterprise Zone, described as follows:
Starting at the intersection of Luck Avenue and 5th
Street at Official Tax No, 1113513, south to
Marshall Avenue at Official Tax No. 1113531, west
one and one-half blocks to include Official Tax No.
1113313, north to include Official Tax No. 1113304,
south to include Official Tax No. 1113501, then
east to include Official Tax No. 1113513. The
major industry in this area is the Roanoke Dyeing
and Finishing facility which is experiencing pheno-
menal growth.
Starting at the intersection of 18th Street and
Melrose Avenue at Official Tax No. 2322115, west
three and one-half blocks to the intersection of
Salem Turnpike and Melrose Avenue to include
Official Tax No. 2321814, northeast to the inter-
section of Orange Avenue and 20th Street to include
Official Tax No. 2321904, east one block to include
Official Tax No. 2322001, south one-half block to
include Official Tax No. 2322109, then east one
block to include Official Tax No. 2322115. The
vacant northwest Kroger grocery store is located in
this area.
425
Starting with the southwest corner of the Official
Tax No. 2111710 north following the CN zoning line
to Orange Avenue at the northwest corner of
Official Tax No. 2222108 east along Orange Avenue
to the northeast corner of Official Tax No. 2120801
south along CN zoning line to the southeast corner
of Official Tax 2120801 south along CN zoning line
to the southeast corner of Official Tax No. 2111802
west to the starting point.
{!
It was explained that the Office of Economic Development has
determined one area currently in the zone which is not eligible to
receive zone benefits and therefore should be removed; and it is the
only residentially zoned area in the Enterprise Zone that contains the
Indian Rock Village Public Housing Project, as follows:
Starting at the intersection of Wise Avenue and
19th Street at Official Tax No. 4210337, northeast
to Tinker Creek, southeast following the northern
boundary of Official Tax No. 4210333 to Wise
Avenue, west following Wise Avenue to the starting
point. Official Tax No. 4210333, 4210334, 4210335,. ~
4210336 and 4210337 make up this area.
It was lift*her explained that State of Virginia EnterPrise Zone
Program regulations require at least one public hearing on the
requested amendment prior to its submission to the Department of
Housing and Community Development.
The City Manager reconmmnded that the City of Roanoke's Enterprise
Zone be expanded to include the three areas as abovedescribed and to
delete the one area also abovedescrtbed; and, that Council adopt a
resolution authorizing the City Manager to file an application with the
Virginia State Department of Housing and Community Development.
(For full text, see report on ftl~ in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#29800-10989) A RESOLUTION authorizing the City Manager to make
application to the Virginia Department of Housing and Con~nunity
Development for the amendment of the area of the City's existing
Enterprise Zone to include three additional areas and to delete one
area currently in such Enterprise Zone.
(For full text of Resolution, see Resolution Book No. 51, page 400.)
ACTION: Mrs. Bowles moved the adoption of Resolution No. 29800-10989. The
motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like
to address Council with regard to the proposed amendments to the
Enterprise Zone designation; whereupon, Mr. Calvin Johnson representing
Property Maintenance Enterprise, expressed appreciation to Council for
expanding the Enterprise Zone which means a great deal to the 11th
Street, N. W., area. He stated that during the past two years, the
area has begun to improve because of Council's cooperation and the ser-
vices that have been provided; that businesses are being established
because of Council's interest, and expansion.of the Enterprise Zone
will ensure that conditions will continue to improve.
No other persons wishing to address the Council, Resolution No.
29800-10989 was adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............................... 7.
NAYS: None .......................... O.
426
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (Al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ..................... 7.
NAYS: None ......... O.
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
INDUSTRIES: Mr. Alton L. Kntghton, Jr., Attorney, appeared before
Council and presented a communication from Mr. Robert E. Glenn,
Attorney, representing the Industrial Development Authority, recom-
mending bond financing of an additional $400,000.00 to be aggregated
with that of $4,000,000.00, which has already been approved by the
City, to assist Virginia Transformer Corporation in purchasing land,
constructing a manufacturing facility thereon and acquiring certain
equipment to be used in its manufacturing operations to be located at
the end of Glade View Drive, N. E. (across from the Tultex Plant), in
the City of Roanoke.
(For full text,' see communication' on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#29801-10989) A RESOLUTION approving the plan of financing of
the Industrial Development Authority of the City of Roanoke, Virginia,
for the benefit of Virginia Transformer Corp., to the extent required
by Section 147 of the Internal Revenue Code of 1986, as amended.
(For full text of Resolution, see Resolution Book No. 51, page 401.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29801-10989.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .............. . ...... 7.
NAYS: None .............
The following Disclosure Declarations were filed in the City
Clerk's Office prior to 5:00 p.m., on Monday, October g, 1989, by the
Honorable Noel C. Taylor, Mayor, and the Honorable Beverly T.
Fitzpatrick, Jr., Vice-Mayor:
427,
"1. I, Noel C. Taylor, am Mayor of the City
of Roanoke. I am also a member of the Board of
Directors of Dominion Bank.
2. This declaration relates to City Council's
proposed vote on October 9, 1989, approving the
plan of financing of the Industrial Development
Authority of the City of Roanoke, Virginia, for the
benefit of Virginia Transformer Corp. Dominion
Bank, National Association will make its irrevo-
cable Letter of Credit available to assist Virginia
Transformer Corp. in the private placement of tax-
exempt bonds to be issued by the Industrial
Development Authority. In addition, Dominion Trust
Company will be trustee for the bond issue.
3. Based on the foregoing facts, a business
or group, of which I am a member, may be perceived
to be affected by my vote on this transaction.
4. I am able to participate in this transac-
tion fairly, objectively and in the public
interest.
5. This declaration is being filed out of an
abundance of caution and upon the advice of the
City Attorney.
6. This declaration shall be filed by the
City Clerk among the permanent papers of the City
on or before the close of business on October 10,
1989, and shall be retained and made available for
public inspection for a period of five years from
the date of filing.
October 9, 1989
S/Noel C. Taylor
Noel C. Taylor, Mayor
1. I, Beverly T. Fitzpatrick, Jr., am Vice-
Mayor of the City of Roanoke. I am also an
employee of Dominion Bankshares.
2. This declaration relates to City
Council's proposed vote on October 9, 1989,
approving the plan of financing of the Industrial
Development Authority of the City of Roanoke,
Virginia, for the benefit of Virginia Transformer
Corp. Dominion Bank, National Association will make
its irrevocable Letter of Credit available to
assists'Virginia Transformer Corp.' in the private
placement of tax-exempt bonds to be issued by the
Industrial Development Authority.-~ In addition,.-.
Dominion Trust Company will be trustee for the bond
issue.
3. Based on the foregoing facts, a business
or group, of which I am a member, may be perceived
to be affected by my vote on this transaction.
4. I am able to participate in this transac-
tion fairly, objectively and in the public
interest.
5. This declaration is being filed out of an
abundance of caution and upon the advice of the
City Attorney.
428
6. This declaration shall be filed by the
City Clerk among the permanent papers of the City
on or before the close of business on October 10,
1989, and shall be retained and made available for
public inspection for a period of five years from
the date of filing.
October 9, 1989
S/Beverly/ T. Fitzpatrick, Jr.
Beverly Ti Fitz~atrick, Jr., Vice-Mayor''
SEWERS AND STORM DRAINS-FLOOD REDUCTION/CONTROL: Mr. Jack L.
Hartman, President, Northwest Revitalization Corporation, appeared
before Council and expressed appreciation to Council for its action in
hiring a consulting firm to address flooding problems in the Peters
Creek Road area. He stated that even with the help of the consultant,
it will take considerable time and money before the City can come up
with a solution to the flooding problems; therefore during the interim,
residents would like to provide some ideas and suggestions that could
cut the consultant's time and enlighten Council on certain existing
conditions.
Mr. Hartman asked that the City look into the possibility of
acquiring funds from FEMA, Federal Emergency Management Agency. He
called attention to a study which was conducted by the State Water
Control Board of the northwest section of the City, in which it was
found that the size of the sewage pipes and dratnage pipes are too
small. He further called attention to an article from the U. S. Army
Corps of Engineers, dated August 1989, which shows some report of
flooding and flood damage reduction on Peters Creek Road for both
Roanoke City and Roanoke County.
Mr. Hartman presented the City Manager with petitions signed by
approximately 1,534 citizens, homeowners and businesses of the Peters
Creek area who want Council to know that they are interested in getting
something done, and referred to City maps which were color coded to
show exactly where sewage problems and water damage problems occur. He
called attention to an automobile sales establishment on Peters Creek
Road that has been flooded and sustained sewage damage, advising that
the owner wants to sell his business, however, the City will not permit
him to do so. He referred to a Lutheran Church on Peters Creek Road
that constructed a round sanctuary and classrooms at considerable
expense that was forced to move out of the area. He called attention
to a medical office that has sustained considerable flood related
damage, and added that the Quik-Lube on the corner of Peters Creek Road
and Hershberger Road is debating upon relocating which means less tax
dollars for the City. He alluded to numerous vacant houses in the area
and referred to maps delineating the houses that have been flooded or
sustained sewage back-up damage, etc. He pointed out that whatever
action is taken will have to be a joint venture between the City and
Roanoke County because it is known that flood waters originate start on
the other side of Interstate 81, and therefore the City can only do so
much without the County joining in.
Question was raised as to whether or not the City is working on
the sewage problem; whereupon, the City Manager advised that at the
suggestion of Mr. Lewis Tolley, a resident of the Peters Creek Road
area, a meeting was called with City staff and approximately 100 resi-
dents of the area in attendance at a local church on Thursday,
October 4, 1989, to explain contemplated action by the City. He stated
that there is no single issue under consideration, whether it be reten-
tion ponds in the County, bridge replacements, sewer line replacements,
or back flow valves, etc., which will make any dramatic difference;
that the project needs to be done in a comprehensive way; and the point
that residents are trying to make is that they want the City to know
that they have already put together a considerable amount of infor-
mation that will be needed, and they are willing to work hand-in-hand
with the Engineering Department so that the City will not have to pay a
consultant or send field representatives to the area to do certain
aspects of the work. He stated that whether one sewer line is sized
properly to match another is the kind of analysis that will be done
within the Engineering Department. He con~nented that he had been told
that there may be more than one house that has its roof drain hooked up
429
to the sanitary sewer system, and it may be necessary to perform smoke
testing in order to make that determination. He stated that the goal
of the citizens of the area is to make Council aware that they have
suggestions, some of which the consultant may find practical and some,
for one technical reason or another, may not be practical, but at the
present time, the project is at a stage where any idea that comes up
needs to be examined.
Mr. Hartman called attention to charts depicting the declining
value of homes in the area; viz: as of December 31, 1985, a house
valued in the range of $65,000.00 decreased $55,000.00 and a
$100,000.00 house decreased to $85,000.00. Further, as of October 1989,
he pointed out that three floods had occurred and the value of the
$65,000.00 house dropped to $33,930.00 and the $100,000.00 house
dropped to $47,799.38. He stated that houses in the flood zone will
not be picked up by a real estate company for sale; therefore, if taxes
go up and the value of the house goes down, the homeowner is placed in
a very difficult position.
With regard to sale of the automobile business referred to earlier
by Mr. Hartman, the City Manager advised that he would look into the
matter and submit a full report to Council.
The Mayor expressed the opinion that a con~ntttee should be
appointed composed of business people and citizens of the area in which
the flooding occurs, working in concert with the City Manager and his
staff, so that there would be someone fully briefed on the progress of
the project at all times who would be in a position to report back to
the con~nunity.
Mrs. Dorothy Tolley, 2011Meadowbrook Road, N. W., appeared before
Council and read a prepared statement, advising that citizens of the
Peters Creek Road area have had a difficult time this suffiner from
flooding; that they were appreciative of the informative meeting which
was held with City staff last week, and the opinion of the 100 plus
attendees is that they are tired of studies and would like to see some
action take place now. She stated that it is realized that it takes
time for studies to be completed; therefore, it is requested that
Council consider certain small measures such as removing some of the
dirt from the field at the end of Meadowbrook and Laura Roads which
residents feel contribute significantly to the flooding conditions.
She further requested that the City Manager and appropriate City staff
meet with neighborhood residents in an effort to develop a plan for
tnmmdiate action that can be taken while studies are being conducted to
address small measures that would help to alleviate some of the
flooding conditions.
Ms. Laura Goad, 1915 Meadowbrook Road, N. W., presented a history
of the project from 1985 to date, in which she pointed out that studies
had been promised, that consultants would be hired, that agencies would
give assistance, and engineers would honor certain promises. She
stated that residents were present to request specific action now,
mainly: dredge Peters Creek and remove obstructions, open the field
that damns up at-Meadowbrook and Laura Roads, and that the City
purchase some of the houses that have been severely damaged by repeated
flood waters. She asked that immediate action be taken by the City.
Ms. Deborah Alttce, 1942 Laura Road, N. W., advised that the citi-
zens of the area have requested the cooperation of the City in dealing
with clean-up efforts, maintenance, and drainage systems. She stated
that since the spring of 1988, a retaining wall and culvert under
Northwood Road near the intersection of Northwood and Laura Roads has
been in need of repair which has sustained cracks and is on the verge
of collapsing, with the bank of the creek, as well as the shoulder of
the road, having been hit time and time again by rising flood waters.
She stated that City maintenance workers repaired the culvert in July
1989, but recent flooding washed out the surrounding dirt. She
requested that the City take immediate action to alleviate a hazardous
condition to pedestrians as well as motorists. She stated that the
heavy rains of September 15 and 16, 1989, deposited much debris, among
43O
which are trees, large rocks and a telephone pole that blocks the
drainage system behind Laura Road which poses the threat of causing
serious flooding conditions in the area. She called attention to a
field at the end of Meadowbrook and Laura Roads that needs to be
cleared. She stated that it is understood that current engineering
studies of the area may not be complete for some time; however, resi-
dents request immediate action in dealing with certain problems. She
presented photographs of the damaged culvert, as well as conditions
which existed as a result of a recent flood in July 1989.
Ms. Ruby Edwards, 1904 Meadowbrook Road, N. W., advised that she
lives at the end of the road near the field which has been referred to
on several occasions. She stated that she has been flooded approxima-
tely ten times since the November 1985 flood when she lost everything
she owned. She further stated that she was fearful of living in her
home; however, she could not afford to pay taxes on her house and live
elsewhere. She advised that the foundation of her home is cracking,
and she is experiencing problems with her back-flow valve, and
requested help immediately.
The City Manager advised that there are four known possibilities
of dealing with the problem; viz: retention ponds mostly located out-
side the City limits line where the water is originating; replacement
of publicly owned culverts that would allow upstream flooding to pass
through the area; a program which could, under certain circumstances
with or without Federal participation, get into some flood proofing;
under the worst circumstances, a program of acquisition of certain pro-
perty; and bank clearing and some channeling in which the Corps of
Engineers will not participate. He stated that in 1985, shortly after
the November major flood, he recommended that Council endorse an appli-
cation to the Corps of Engineers to participate up to $4 million on
localized channelizatton, and the Corps of Engineers has uniformly
looked at all of the streams that were requested by Roanoke City,
Roanoke County and the City of Salem, and on every stream with one
exception, Tinker Creek, has said that the Federal Government will not
participate because there is not a one to one cost benefit ratio. He
explained that in March of this year when the City received that infor-
mation from the Corps, the City Engineering staff tnmmdiately went to
work to determine what options were available; that the information was
brought to Council and Council authorized the employment of Mattern &
Craig, P. C., and City staff then met with residents of the community
last week to brief them on the status. He stated that the City is
working on the project, and he intended to bring a recommended program
to Council, in conjunction with a number of other drainage issues, in
January 19g0 in order for Council to deal with the matter early in the
new year.
Upon question by a member of Council, the City Manager advised
that Council had made it abundantly clear that it wanted the City
Manager to take the steps that were necessary to bring to Council a
well thought-out and comprehensive approach to dealing with this par-
ticular flooding issue; that the matter has been placed on a fast track
and it was his goal to present a recommendation to Council no later
than the second meeting in January on not Just the Peters Creek pro-
ject, but on all of the important projects that are facing the City of
Roanoke so t~at Council will be in a position to understand cost,
results, alternatives, etc., and also be in a position to match the
Peters Creek project up against other projects in the City. In expla-
nation, he stated that although there are some projects that may fair
in the category being as equally significant to the comuntty, that of
the kinds of storm drainage projects City staff is reviewing, there are
none that rank any higher than the Peters Creek project, but there are
some equally important projects that Council has not heard about as yet
that will be forthcoming.
Mr. Fred H. Webb, 2003 Meadowbrook Road, N. W., appeared before
Council and called attention to the fright of people in the area whe-
never there is a hard rain. He stated that on occasion he has had to
leave his home during a heavy rainfall, because in some instances he
has had no sewer facilities for as much as 24 hours at a time.
431
m~
Mr. James Swarm, 1910 Meadowbrook Road, N. W., appeared before
Council and advised that the field at the end of Meadowbrook Road is
diverting the water back onto surrounding property. He stated that
during heavy rainfall, it has been necessary for the safety of his
family to stay in a hotel; however he is fearful of leaving his home.
He added that he had heard a considerable amount of talk about studies
being conducted to determine if the field at Meadowbrook and Laura
Roads is contributing to the problem when it should be obvious that the
field is partly to blame for the flooding conditions.
Question was asked that if the Count.)' does not make a correspond-
ing effort to correct the problem within its boundaries, what could
potentially happen; whereupon, the City Manager advised that at a mini-
mum the City is looking at $4 million for this particular project; that
he had met with the County Administrator and the Director of Public
Works, as well as the City Engineer had met with their counterparts in
Roanoke County to brief them on what the City is doing inasmuch as
everything the City does potentially affects Roanoke County. He stated
that it has been agreed that the City will meet with the County
Administration as soon as the City has appropriate engineering data and
details in hand; and Roanoke County understands that it will be
approximately a $4 million project; however, the County has given no
indication that it is co~nitted to any type of storm drainage, there-
fore, he pointed out that he did not know what position the County
would take. He advised that there is some time between now and the end
of December and it was conceivable that a plan could be devised that
would be responsive in terms of working out a fair share.
Mr. Trout suggested that the City Manager talk with his counter-
part in Roanoke County about establishing a moratorium on construction
in the Peters Creek Road area.
Ms. Sue Monroe, 2710 Embassy Drive, Roanoke County, advised that
she had talked with Mr. Steven A. McGraw, Supervisor from her
Magisterial District in Roanoke County, who had informed her that a
moratorium could not be established because it would infringe on the
rights of others.
Following considerable discussion, the Mayor suggested that the
matter be left with the City Manager for a full report back to Council
in January lggO.
MISCELLANEOUS: Mr. Robert D. Gravely, 2119 Melrose Avenue, N. W.,
appeared before Council and advised that he was present to reveal to
Council the Revelation of the coming of the Lord.
At 9:15 p.m., the Mayor declared the meeting in recess.
At 9:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $575.00 for the Licensed
Practical Ndrsing Program to provide tuition for selected students,
advising that the program is one hundred percent reimbursed by Federal
funds, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriation of grant funding; that the Licensed
Practical Nursing Program is funded with one hundred percent Federal
funds; and recommended that Council concur in the request of the School
Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29802-10989) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 402.)
432
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 29802-10989. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........... 7.
NAYS: None .............
CITY GOVERNMENT-COUNCIL-LEGISLATION-CITY CHARTER: A communication
from Council Member David A. Bowers regarding the issue of a modified
ward system for the City of Roanoke, was before Council.
Mr. Bowers advised that his proposal would envision a seven member
Council, including one Mayor, two at-large seats, and four district
seats. He pointed out that he had been told that the Consolidation
Team now negotiating with Roanoke County had developed information
regarding population statistics which might be important in
redistricting of a consolidated City/County government; however, he ahd
also been informed that consolidation of the City and County may be
phased in over several years; that he did not know if City residents
can, or should, constitutionally, wait several more years before a
modified ward system is put into effect; and if a phased in con-
solidation is going to take several years, or if the consolidation
effort fails, a modified ward system is still needed for the City of
Roanoke.
Council Member Bowers suggested that at the upcoming meeting of
Council at which time a public hearing would be held on the issues
affecting City Charter changes, that the floor be opened for comments
from the public regarding the issue of campaign financing restrictions
for Council elections, and the issue of a modified ward system for the
City.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers advised that he had been informed by the Assistant City
Attorney that additional con~nents were in order from the City's legal
department, and it would not be possible to advertise the matter for
public hearing on Monday, October 23, 1989; therefore, he moved that
his communication be referred to the City Attorney for review and that
a public hearing be held on Monday, December 11, 1989, at 7:30 p.m., or
as soon thereafter as the matter may be heard. The motion was seconded
by Mr. Musser and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOIV~IENDED FOR ACTION:
CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT PROGRAM: The City
Manager submitted a written report advising that the Fiscal Year
1988-89 General Fund Balance designated for Capital Maintenance and
Equipment Replacement, pursuant to Ordinance No. 26292, is
$5,257,947.00; that a report from the Director of Finance regarding the
matter was presented to Council on August 28, 1989; and the Capital
Maintenance and Equipment Replacement Program for Fiscal Year 1989-90,
based on a total of $5,257,947.00 between City and School Administra-
tion, is as follows:
School Administration
City Administration
$1,985,722.00
3,272,225.00
It was further advised that residual funds from the Fiscal Year
1988-89 Capital Maintenance and Equipment Replacement Program and
Fiscal Year 1989-90 Capital Maintenance and Equipment Replacement
Program funding for the City and School Administrations are as follows,
resulting in a balance of funds available:
433
ACT[OH:
ACT[ON:,
CMERP
Residual CMERP
FY 1988-89 FY 1989-90
Appropriations Balance
To Date Available
School Adm. $150,000.00
City Adm. 401,596.00
$1,985,122.00 ($268,167.00)
3,272,225.00 ( 725,029.00)
$1,867,555.00
2,948,792.00
It was explained that Fiscal Year 1989-90 General Fund Budget
funding available for capital maintenance and equipment replacement for
the City and School Administrations is as follows, resulting in a
balance of funds available:
Equipment Fixed Asset Appropriations Balance
Replacment Maintenance To Date Available
School Adm. $150,000.00 $ - 0 - ($150,000.00) $ - 0 -
City Adm. 600,000.00 200,000.00 ( 50,000.00) 750,000.00
The City Manager advised that Council's approval is required for
expenditures relating to the City Administration's Capital Maintenance
and Equipment Replacement Program, pursuant to Council's Ordinance No.
26292.
The City Manager reco~ended that Council approve the reco~ended
expenditure list for the Capital Maintenance and Equipment Replacement
Program for the City Administration which will allow for competitive
bidding, advising that funding for items will be appropriated after
actual bids/proposals are received and reco~ended for Council's appro-
val.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the reco.q~nendation of the
City Manager. The motion was seconded by Mr. Trout and unanimously
adopted.
BUDGET-HUMAN RESOURCES: The City Manager submitted a written
report advising that the State Department of Social Services has, since
the adoption of the fiscal year 1989-90 budget, allocated $15,860.00 to
the local Social Services Department to provide Independent Living
Services for eligible foster care children, aged 16 to 18; and the
allocation provides funds for services to improve care and preparation
of teenagers and other children in foster care for, ultimately, inde-
pendent living through foster home recruitment, training of foster
parents and social work staff, and development of local training
efforts to help foster care youth to develop skills necessary for suc-
cessful independent living.
It was further advised that the Independent Living Services are
100% reimbursed by the State Department of Social Services; and Council
is requested to appropriate revenue for supplemental funds allotted by
the State Department of Social Services.
The City Manager recon~nended that Council increase the revenue
estimate of funds received from the State Department of Social
Services, Account No. 001-020-1234-0683, with a corresponding increase
in Expenditure Account No. 001-054-5314-3160, in the amount of
$15,860.00.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29803-10989) AH ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book Ho. 51, page 403.)
Mrs. Bowles moved the adoption of Ordinance No. 29803-10989. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
434
ACTION:
ACTION:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............................... 7.
NAYS: None .........
BUDGET-SIDEWALKS, CURB AND GUTTER: The City Manager submitted a
written report advising that the 1988 Capital Improvements Bond
Referendum included $1 million for neighborhood curb, gutter and
sidewalk improvements; that a portion of the funds were intended for
curb and sidewalk replacement in the downtown area to improve
pedestrian safety; that a contract, in the amount of $436,150.00, was
awarded by Council on June 12, 1989, to H & S Construction Company for
Phase I of the work needed in the downtown area; and representatives of
Downtown Roanoke, Inc., appeared before Council on August 16, 1989, and
urged that the City incorporate streetscape improvements, i.e., trees
and ornamental street lights, along with the replacement sidewalk
construction project.
It was further advised that meetings were held with represen-
tatives of the City of Roanoke and Downtown Roanoke, Inc., to discuss
the current curb and sidewalk replacement project; that there is
general agreement that additional streetscape improvements, such as
were previously installed on portions of Church Avenue, are desirable
features to enhance the appearance along downtown streets; that decora-
tive street lighting fixtures can be added in the future when funds are
more readily available; that electrical conduits could likely be
installed in the street adjacent to curbs, thus minimal effect would
result to the new sidewalks about to be installed; that trees at
appropriate locations within the new sidewalk sections would add to the
appearance of downtown and minimize the need to remove concrete in the
future; and 26 locations have been identified where trees could be
installed as part of the current sidewalk replacement project.
The City Manager recommended that Council authorize the installa-
tion of 26 trees at designated locations in the downtown area; approve
Change Order No. I to the contract with H & S Construction Company for
26 tree grates and installation, in the amount of $25,350.00; and
transfer $32,500.00 from Sidewalks, Curb and Gutter, Phase III~ Account
No. 008-052-9604-9003, to Account No. 008-052-9631-9001, for contractor
purchase and installation of said tree grates, in the amount of
$25,350.00, and to Account No. 008-052-9631-9001 for City forces to
purchase and install the trees, in the amount of $7,150.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29804-10989) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 403.)
Mr. Musser moved the adoption of Ordinance No. 29804-10989. The
motion was seconded by Mr. Fitzpatrick and adoptad by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ................................. 7.
NAYS: None ............. O.
Mr. Musser offered the following emergency Ordinance:
(#29805-10989) AN ORDINANCE approving the City Manager's issuance
of Change Order No. I to the City's contract with H & S Construction
Company, for construction of downtown curb and sidewalk replacement;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 404.)
Mr. Musser moved the adoption of Ordinance No. 29805-10989. The
motion was seconded by Mr. Trout and adopted by the following vote:
435
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fi tzpatrtck .................... 6.
NAYS: None ......................... O.
(Mayor Taylor was absent.)
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that Downtown Roanoke has been subject to
periodic flooding since the first settlement of Big Lick; that long
duration storms along the Roanoke River, Lick Run and Trout Run and
short duration storms within the downtown area can result in flooded
streets and businesses; and the 1988 Capital Improvement Program
included $390,000.00 for enlarging drop inlets and pipe sizes, pro-
viding access points, and cleaning the sediment buildup with the
system.
It was further advised that City staff has visually inspected and
evaluated the capacity of the entire downtown storm drainage system;
that potential structural deficiencies were observed near Norfolk
Avenue on Norfolk-Southern right-of-way and near Salem Avenue (from
Salem Avenue to the Campbell Avenue - 1st Street intersection); that
Norfolk-Southern was notified by con~untcation of their potential
problem, while City staff proceeded on the City section as an emergency
until structural integrity was determined; and a professional con-
sultant reviewed City staff's observations and determined that there
was no immediate danger to the public, however, the potential for
further deterioration necessitates the need to rehabilitate or replace
approximately 300 feet of storm drain.
It was explained that Engineering Services Qualification Proposals
for the necessary evaluations and design of work to the system to
correct structural deficiencies were publicly advertised and received
from Hayes, Seay, Mattern, and Mattern and Craig, P. C., and Page and
McLawhorn; that interviews were held and negotiations were conducted
with Mattern and Craig, P. C., for necessary evaluation and design; and
the scope of work to be performed includes the following:
Field inspection, topographic survey, hydraulic
analysis, and two alternatives with estimates.
Prepare construction documents for alternative
selected by the City with estimate, advertise pro-
ject, conduct prebid conference and assist in eva-
luating bids.
Conduct preconstructton conference, review shop
drawings, site visits, review pay request and per-
form final inspection.
The City Manager recon~nended that Council award an engineering
services reimbursement, with a cost ceiling contract to Mattern and
Craig, P. C., in a form subject to approval by the City Attorney, in an
amount not to exceed $159,960.00; and authorize the Director of Finance
to transfer $15,960.00 from Central Business District Storm Drain,
Account No. ODS-56-9572-gDo3, to an account entitled, "Salem Avenue
Storm Drain."
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29806-10989) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 405,)
ACTION: Mr. Garland moved the adoption of Ordinance No. 29806-10989. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............... 7.
NAYS: None ............................ O.
436
ACTION:
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29807-10989) AN ORDINANCE authorizing the execution of a
contract with Mattern & Craig, P. C., to provide engineering services
for replacement of the Salem Avenue Storm Drain; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 405.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29807-10989.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........ 7.
NAYS: None ..............
FIRE DEPARTMENT-TRAFFIC: The City Manager submitted a written
report concurring in a report of a bid committee in connection with
underground traffic signal and fire alarm work at various locations in
the City.
The Bid Con~ntttee recommended that Council award a contract to
Contracting Enterprises, Inc. on a unit price basis, not to exceed
$150,000.00, for performing underground traffic signal and fire alarm
work, including repairing, rebuilding and/or providing new installa-
tions at various locations within the City; that all work and payment
will be via purchase orders issued for each location, subject to
availability of funds and prices will be used and orders will be writ-
ten for a one-year period and may be extended for six months in accor-
dance with contract t~quirements; and reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#29808-10989) AN ORDINANCE awarding a contract for performing
underground traffic and fire alarm work, including repairing,
rebuilding and/or providing new installations at various locations
within the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 406.)
Mr. Bowers ~ved the adoption of Ordinance No. 29808-10989. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ....................... 7.
NAYS: None ................
DIRECTOR OF FINANCE:
RADIO/TELEVISION: The Director of Finance submitted a written
report advising that the City Manager was authorized to execute a con-
sulting contract with O. D. Page, P. E., regarding the proposed cable
television franchise renewal on June 5, 1989, pursuant to Ordinance No.
29596, in the amount of $28,930.00; that the cable company agreed to
reimburse up to $20,000.00 of the cost, with the remaining cost to be
allocated to each jurisdiction in accordance to the percentage of cable
television subscribers; and the total contract amount will be allocated
as follows:
Cox Cable Roanoke
City of Roanoke
County of Roanoke
Town of Vtnton
$20,000.00
5,358.00
2,947.00
625.00
$28,930.00
437
ACTXON:
The Director of Finance further advised that the City of Roanoke
paid $5,000,00 upon execution of the contract; that the remaining
balance needs to be appropriated and accounts receivable established;
and recommended that Council adopt a budget Ordinance establishing
accounts receivable from Cox Cable Roanoke - $20,000.00, County of
Roanoke - $2,947.00, Town of Vinton - $625.00, and transfer the City's
remaining balance of $358.00 from the General Fund Contingency Account
to the Cable Television Contract, Account No. 001-004-9140-2174.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29809-10989) AN ORDINANCE to amend and reordatn certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 407.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29809-10989.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor---
NAYS: None-- '"
ACTION:
CITY ATTORNEY:
WRESTLING, BOXING AND SPARRING: The City Attorney submitted a
written report transmitting a measure relating to the conduct of
wrestling, boxing and sparring exhibitions within the City of Roanoke.
The City Attorney advised that he was recently requested to advise
as to the annual business license tax applicable to promoters of
wrestling, boxing and sparring exhibitions; that upon researching the
matter, he learned that the Con~nonwealth licenses these activities and
imposes an annual fee which is in lieu o~ any local business license
tax; that his research also revealed that subsection B of §54.810 of
the Code of Virginia (1950), as amended, provides that no license shall
be issued by the Virginia Athletic Board for the conduct of wrestling,
boxing or sparring matches in any City unless the City Council has con-
sented by Ordinance or Resolution to such exhibitions; and apparently,
Council has never adopted such resolutions and the licenses previously
issued by the Virginia Athletic Board for the conduct of such exhibi-
tions within the City have been erroneously issued.
Mr. Dtbltng further advised that in order to correct what may have
been an oversight, he was transmitting for Council's consideration a
resolution by which it may approve the conduct of wrestling, boxing and
sparring exhibitions in the City, and called Council's attention to the
fact that the City receives a small amount of revenue each year pur-
suant to §54.1-B03 of the State Code which requires the Virginia
Athletic Board to return a portion of the license tax on these events
to localities based on an established formula.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#29810-10989) A RESOLUTION consenting to the conduct of
wrestling, boxing and sparring exhibitions within the City of Roanoke
pursuant to §54.1-810, Code of Virginia (1950), as amended.
(For full text of Resolution, see Resolution Book No.'51, page 407')
Mr. Musser moved the adoption of Resolution Ho. 29810-10989. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ....... ' ................. 7.
NAYS: None- .... . .........O.
438
ACTION:
ACTION:
LEGISLATION-CITY CHARTER: The City Attorney submitted a written
report transmitting a proposed Legislative Program for the 1990 Session
of the General Assembly, advising that the program includes many
excellent suggestions from Members of Council and the City Manager and
his staff; that the program is in draft form at the present time, and
Council may amend, delete or add additional provisions to said
program.
The City Attorney further advised that after Council has had a
full opportunity for review of the document, it is hoped that the
program can be adopted as soon as possible so that Council's annual
meeting with the legislators can be scheduled at an early date.
It was noted that the Legislative Program includes a proposed
Charter amendment; that the amendment will conform the City Charter to
provisions of State Code relating to procurement; and Charter amend-
ments may be requested of the General Assembly only after a public
hearing which must be advertised ten days in advance.
The City Attorney requested that Council authorize such adver-
tisement to permit a public hearing to be held on Monday, October 23,
1989, at 2:00 p.m., or as soon thereafter as the matter may be heard,
or at some date thereafter to be selected by Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#29811-10989) A RESOLUTION adopting and endorsing a Legislative
Program for the City to be presented to the City's delegation to the
1990 Session of the General Assembly.
(For full text of Resolution, see Resolution Book No. 51, page 408.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29811-10989.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ................ 7.
NAYS: None .................
REPORTS OF CO~qITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
HOUSING-CITY PROPERTY-DONATIONS: Ordinance No. 29795-10989
authorizing the donation by the City of certain City-owned property
described as Lot 40, Gale and Andrews Map, Official Tax No. 2021779, to
the Roanoke Redevelopment and Housing Authority, upon certain terms and
,conditions, having previously been before the Council for its first
reading on Monday, October 2, 1989, read and adopted on its first
reading and laid over, was again before the body, Mr. Bowers offering
the following for its second reading and final adoption:
(#29795-10989) AN ORDINANCE authorizing the donation by the City
of certain City-owned property to the Roanoke Redevelopment and Rousing
Authority, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 399.)
Mr. Bowers moved the adoption of Ordinance No. 29795-10989. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .................... 7.
NAYS: None .......... ---0.
ACTION:
ACTION:
ACTION:
439
CITY PROPERTY-SCHOOLS-PARKS AND PLAYGROUNDS: Ordinance No.
29796-10989 authorizing the proper City officials to enter into a lease
between the City and the Jefferson Center Foundation, Ltd., for use of
certain office space in the Department of Parks, Recreation and Grounds
Maintenance Building on Reserve Avenue, S. W., upon certain terms and
conditions, having previously been before the Council for its first
reading on Monday, October 2, 1989, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#29796-10989) AN ORDINANCE authorizing the proper City officials
to enter into a lease between the City and the Jefferson Center
Foundation, Ltd., for use of certain office space in the Department of
Parks, Recreation and Grounds Maintenance Building on Reserve Avenue,
S. W., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 400.)
Mrs. Bowles moved the adoption of Ordinance No. 29796-1098g. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............... ' ........... 7.
NAYS: None ........ ' ........................ O.
LEGISLATION-HUMAN RESOURCES: Mr. Musser offered the following
Resolution expressing concern about housing and homelessness in
Roanoke, and urging the appropriate representatives to the United
States Senate and House of Representatives to support Federal legisla-
tion to improve the quality and availability of housing for the home-
less and those at risk of becoming homeless:
i#29812-10989) A RESOLUTION expressing concern about housing and
homelessness in Roanoke, and urging the appropriate representatives to
the United States Senate and House of Representatives to support
federal legislation to improve the quality and availability of housing
for the homeless and those at risk of becoming homeless.
(For full text of Resolution, see Resolution Book No. 51, page 409.)
Mr. Musser moved the adoption of Resolution No. 29812-109B9. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ................................. 7.
NAYS: None ...............................
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTItER HEARINGS OF CITIZENS: NONE.
ARCHITECTURAL REVIEW BOARD: The Mayor advised that the four year
terms of Messrs. W. L. Whitwell and Kenneth L. Motley as members of the
Architectural Review Board expired on October 1, 198g, and called for
nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Messrs. W. L.
Whitwell and Kenneth L. Motley.
There being no further nominations, Messrs. W. L. Whitwell and
Kenneth L. Motley were reelected as members of the Architectural Review
Board for terms of four years, each, ending October 1, 1993, by the
following vote:
FOR MESSRS. WNITWELL AND MOTLEY: Council Members Musser, Trout,
Bowers, Bowles, Fitzpatrick, Garland and Mayor Taylor ................ 7.
440
INDUSTRIES: The Mayor advised that the four year terms of Messrs.
Russell O. Hannabass and Stanley R. Hale as Directors of the Industrial
Development Authority will expire on October 20, 1989, and called for
nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Messrs. Russell O.
Hannabass and Stanley R. Hale.
ACTION:
There being no further nominations, Messrs. Russell O. Hannabass
and Stanley R. Hale were reelected as Directors of the Industrial
Development Authority for terms of four years, each, ending October 20,
1993, by the following vote:
FOR MESSRS. HANNABASS AND HALE: Council Members Musser, Trout,
Bowers, Bowles, Fitzpatrick, Garland and Mayor Taylor ................ 7.
CELEBRATIONS: The Mayor advised that there was a vacancy on the
Special Events Committee, created by the resignation of Mr.
Boreham Boyd Johnson, for a term ending June 30, 1990, and called
for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Ms. Virginia C.
Nave.
There being no further nominations, Ms. Virginia C. Nave was
elected as a member of the Special Events Committee, for a term ending
June 30, 1990, by the following vote:
ACTION: FOR MS. NAVE: Council Members Musser, Trout, Bowers, Bowles,
Fitzpatrick, Garland and Mayor Taylor ............... 7.
YOUTH: The Mayor advised that there was a vacancy on the Youth
Services Citizen Board, created by the resignation of Mr. Richard C.
Ntntnger, for a term ending May 31, 1992, and called for nominations to
fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Ms. Loretta B.
Williams.
There being no further nominations, Ms. Loretta B. Williams was
elected as a member of the Youth Services Citizen Board for a term
ending May 31, lg92, by the following vote:
ACTION: FOR MS. WILLIAMS: Council Members Musser, Trout, Bowers, Bowles,
Fitzpatrick, Garland and Mayor Taylor .............. 7.
NOTE: No Executive Session with regard to vacancies on various
authorities, boards, conetsstons and committees was held.
There being no further business, the Mayor declared the meeting
adjourned at 9:50 p.m.
APPROVED
City C1 erk Mayor
441'
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 23, 1989
2:00 p.m.
The Council of the City of R°anoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 23, 1989, at 2:00 p.m., the regular
meeting hour, with Vice-Mayor Beverly T. Fitzpatrick, Jr., presiding, pursuant
to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the
City of Roanoke (1979), as amended.
PRESENT: Council Members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, Howard E. Musser and Vice-Mayor Beverly T.
Fitzpatrick, Jr. . ................ 6.
ABSENT: Mayor Noel C. Taylor ........................................ 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Walter M. Lockett,
Retired Minister.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Fitzpatrick.
ACTION:
PUBLIC HEARINGS:
LEGISLATION-CITY CHARTER: Pursuant to motion adopted by the
Council on Monday, October g, 1989, the City Clerk having advertised a
public hearing for Monday, October 23, 1989, at 2:00 p.m., or as soon
there-after as the matter may be heard, to determine if the citizens of
the City of Roanoke desire Council to request the General Assembly of
Virginia to make certain amendments to the Roanoke Charter of 1952, as
amended, which amendments are informatively summarized as follows, the
matter was before the body.
A~nend and reenact §40, Contracts for public
improvements;, purchases., to provide that any
purchase, public work, or improvement, costing more
than fifteen thousand dollars (increased from ten
thousand dollars) shall be executed by contract and
to provide further that all contracts for more than
fifteen thousand dollars (increased from ten
thousand dollars) shall be awarded after public
advertisement and competition in accordance with
general law.
Legal advertisement of the public hearing was published in the
morning and evening editions of the Roanoke Times & World-News on
Friday, October 13, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#29813-102389) A RESOLUTION requesting the lggO Session of the
General Assembly of Virginia to enact a certain amendment to the
Roanoke Charter of 1952, as amended.
(For full text of Resolution, see Resolution Book No. 51, page 412.)
~Mr. Musser moved the adoption of Resolution No. 29813-102389.
The motion was seconded by Mr. Trout.
442
ACTION:
The Vice-Mayor inquired if there were persons present who would
like to address Council with regard to the proposed City Charter amend-
ment. There being none, Resolution No. 29813-102389 was adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ........ 6.
NAYS: None ...........
(Mayor Taylor was absent.)
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form or forms listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately.
MINUTES: Minutes of the regular meetings of Council held on
Monday, May 1, 1989; Monday, May 8, 1989; Monday, May 15, 1989; and
Monday, May 22, 1989, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ............ 6.
NAYS: None-- O.
(Mayor Taylor was absent.)
WATER DEPARTMENT-SEWERS AND STORM DRAINS: A report of the
Director of Finance transmitting a summary of bulk water/sewer rate
changes, effective July 1, 1989, was before Council.
BULK SEWAGE RATES
(per million gallons)
1988-89 1989-90
Increase
(Decrease)
Amount
Town of Vtnton $454.83 $462.88 $8.05
Roanoke County 460,35 468.18 7.83
City of Salem 457.20 465.19 7.99
Botetourt County 454.83 462,88 8.05
Increase
(Decrease)
Percenta. gl~
1.77%
1.70%
1.75%
1.77%
ACTION:
BULK WATER RATES
(per 100 cu.ft, or 750 gallons)
1987-88 1988-89
Increase Increase
(Decrease) (Decrease)
Amount Percenta~.~
Town of Vinton
Roanoke County
$.87 $.82 $(.06) (6.90%)
,73 .68 (.05) (6.85%)
Note:
The bulk water rates shown above are based on actual expen-
ses. The estimated rates for bulk water billing purposes for
'fiscal year 1989-90 for Roanoke County and the Town of Vinton
are $,73 and $.87 (per 100 cu, ft. or 750 gallons), respec-
tively.
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
ACTION:
ACTION:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick .............. 6.
NAYS: None--
(Mayor Taylor was absent.)
CIVIC CENTER: A report of qualification of Mr. Daniel E.
Wooldridge as a member of the Roanoke Civic Center Commission for a
term of three years ending September 30, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ............... 6.
NAYS: None ....
(Mayor Taylor was absent.)
REFUSE COLLECTION: A report of qualification of Mr. Joel M.
Schlanger as a member of the Roanoke Regional Solid Waste Management
Board for a term of four years ending August 31, 1993, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ............... 6.
NAYS: None--
(Mayor Taylor was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND CO.~MUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting appropriation of funds to the following school
accounts, was before Council.
Grant No. 6574 - $1,000.00 for the Child Develop-
ment Clinic Program to provide
equipment. The Program will be
one hundred percent reimbursed by
State funds.
Grant No. 6575 - $1,000.00 for the Child Specialty
Services Program to provide equip-
ment. The Program will be one
hundred percent reimbursed by
State funds.
Grant No. 6576 - $1,200.00 for the Juvenile
Detention Home Program to provide
equipment and supplies. The
Program will be one hundred per-
cent reimbursed by State funds.
443
444
ACTION:
Grant No. 6813 - $25,000.00 for the Artist in
Education Program to provide for
the enhancement of the district's
arts program by bringing experts
into the schools for student
workshops. The Program will be
ret mbu rsed t n the amount of
$10,000.00 by Federal funds with a
local match of $15,000.00.
Grant No. 6956 - $21,340.00 for the High Risk Youth
Substance Abuse Prevention and
Education P~ogram to provide for
the training and evaluation of
staff members to aid in the iden-
tification of high risk youth.
The Program will be reimbursed in
the amount of $10,669.00 by
Federal funds with a local match
of $10,671.00.
Grant No. 6957 - $20,000.00 for the Chess Program
to pay for chess instruction and
participation in tournaments. A
contribution has been received for
the Program.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that five of the six
grants are funded with one hundred percent Federal funds, State funds,
or contributions; that the Artist in Education Grant requires a local
match of $15,000.00; that funding for the local match is available in
the Instruction Category of Education accounts in the General Fund; and
recommended that Council concur in the request of the School Board, was
also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29814-102389) AN ORDINANCE to amend and reordatn certain sec-
tions of the 1989-90 General and Grant Funds Appropriations, and pro-
riding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 413.)
Mr. Bowers moved the adoption of Ordinance No. 29814-102389. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick .......................................... 6.
NAYS: None .........
(Mayor Taylor was absent,)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HUMAN RESOURCES: The City Manager submitted a written
report advising that the Refugee Resettlement Program is funded by the
Federal Government to provide assistance to households who qualify
under Federal Regulations; that the local Social Services Department
determines eligibility for families who apply for assistance; and the
local Social Services Department is reimbursed at one hundred percent
of cost for funds allotted to families.
445
ACTION:
It was further advised that Roanoke City Social Services under
estimated the number of refugee families that would settle during
fiscal year 1989-90 in the City, now estimated to be seven; that the
projection was based on the number of families served during the pre-
vious fiscal year, which was one; and refugee resettlement has
increased and $22,400.00 additional funds is needed to provide services
to approximately seven families at approximately $400.00 per month per
family.
The City Manager recommended that Council increase the revenue
estimate of funds received from the State Department of Social
Services, Account No. 001-020-1234-0679, with a corresponding increase
in Expenditure Account No. 001-054-5313-3150 by $22,400.00.
(For full text, see report on ftle in the City Clerk's Office.}
Mr. Garland offered the following emergency budget Ordinance:
(#29815-102389) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 414.)
Mr. Garland moved the adoption of Ordinance No. 29815-102389. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick 6.
NAYS: None .....
(Mayor Taylor was absent.)
BUDGET-YOUTH: The City Manager submitted a written report
advising that the City of Roanoke receives funds from the United States
Department of Agriculture (USDA) through the Virginia Department of
Corrections to enhance the food service program of the Crisis
Intervention Center (Sanctuary), Juvenile Probation House (Youth
Haven), and Juvenile Detention Home; and' USDA funds for the fourth
quarter of fiscal year 1989 and the first quarter of fiscal year lggO
have been received by the City for the facilities, as follows:
Crisis Intervention Center
Juvenile Probation House
Juvenile Detention Home
$1,829.79
801.62
5,282.98
Total $7,914.39
The City Manager recommended that Council appropriate USDA funds
to the Crisis Intervention center, Juvenile Probation House, and
Juvenile Detention Home and increase corresponding revenue estimates,
as follows:
Crisis Intervention Center
Revenue, Account No. 001-020-1234-0661
USDA - Crisis Intervention, $1,829.79 to Account
No. 001-054-3360-3000;
Juvenile Probation House
Revenue, Account No. 001-020-1234-0662
USDA - Youth Haven, $801.62 to Account No. 001-054-
3350-3000; and
446
ACTION:
ACTION:
Juvenile Detention Home
Revenue, Account No. 001-020-1234-0660
USDA - Juvenile Detention, $5,282.98 to Account No.
001-054-3320-3000.
Total Revenue and Appropriations - $7,914.39
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29816-102389) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 415.)
Mrs. Bowles moved the adoption of Ordinance No. 29816-102389. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick .................... 6.
NAYS: None- . ........... O.
(Mayor Taylor was absent.)
HUMAN RESOURCES/PUBLIC ASSISTANCE: The City Manager submitted a
written report advising that the City of Roanoke has had a contract
with Cost Containment, Inc., since November, 1987, which provides for a
combination of over-the-counter issuance of food stamps and mail
issuance of food stamps; and the contract will expire on October 31,
lg8g.
It was further advised that the City has advertised for bids to
contract for continuation of similar services for food stamp issuance;
and one bid was submitted by Cost Containment, Inc., which was eva-
luated by representatives of the Social Services Department, Director
of Human Resources, and General Services Department.
The City Manager recon~ended that he or his designee be authorized
to enter into a contract with Cost Containment, Inc., to provide for a
continuation of over-the-counter and mail issuance of food stamps to
begin November 1, 1989, or as soon thereafter as possible, subject to
approval by the City Attorney prior to execution.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#29817-102389) AN ORDINANCE authorizing the acceptance of a bid
and execution of a contract with Cost Containment, Inc., for the provi-
sion of inventory and package of food stamps, the mail issuance of food
stamps, and the preparation of certain monthly reports for the United
States Department of Agriculture; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 415.)
Mr. Musser moved the adoption of Ordinance No. 29817-102389. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ................... 6.
NAYS: None.
(Mayor Taylor was absent.)
FIRE DEPARTMENT: The City Manager submitted a written report con-
curring in a report of a Bid Comnittee with regard to breathing air
cylinders.
447
ACTION:
ACTION:
ACTION:
The Bid Con~nittee recon~nended that Council accept the lowest
responsible bid meeting specifications for 130 new breathing air cylin-
ders as submitted by Mine Safety Appliance, in the total amount of
$36,915.00; and reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#29818-102389) AN ORDINANCE accepting the bid of Mine Safety
Appliance Company made to the City for furnishing and delivering
Breathing Air Cylinders; rejecting all other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 416.)
Mr. Bowers moved the adoption of Ordinance No. 29818-102389. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick 6.
NAYS: None ..................................... O.
(Mayor Taylor was absent.)
BUDGET-CAPITAL IMPROVEMENTS: The City Manager and the Director of
Finance submitted a written report advising that 11 projects within the
Capital Improvement Program have been completed since the end of fiscal
year 1988-89; that these balances may now be deappropriated; and a
total of $310,614.00 in excess appropriations should be transferred by
budget Ordinance to the Capital Improvement Reserve accounts and used
as a funding source for the new five year Capital Improvement Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29819-102389) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 417.)
Mr. Trout moved the adoption of Ordinance No. 29819-102389. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick .......... 6.
NAYS: None ..................................................... O.
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of September, 1989.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the financial report be received and filed.
The motion was seconded by Mrs. Bowles and adopted.
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a writ-
ten report recon~ending transfer of funds in connection with the Fiscal
Year 1989-g0 First Quarter Personnel Lapse.
448
ACTION:
General Fund:
Total Budgeted Personnel Lapse
Recon~ended Expenditure Reduction
Recon~ended Revenue Adjustment
Net Personnel Lapse Reduction
Budgeted Personnel Lapse
$550,000.00
<$264,400.00>
53,980.00
<$210,420.00>
$339,580.00
Internal Service Fund:
Total Budgeted Personnel Lapse
Net Personnel Lapse Reduction
Budgeted Personnel Lapse
Balance Remaining
$100,000.00
< 33,800.00>
$ 66,200.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29820-102389) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Internal Service Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 418.)
Mr. Trout moved the adoption of Ordinance No. 29820-102389. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ............................................... 6.
NAYS: None ..........................
(Mayor Taylor was absent.)
BUDGET-GRANTS-HOUSING-PARKING GARAGE-VALLEY METRO: The Director
of Finance submitted a written report advising that by agreement with
the City of Roanoke, the Roanoke Redevelopment and Housing Authority
administers a large segment of the City's Comnunity Development Block
Grant Program; that the Housing Authority receives program income
during the course of its administration of various projects by renting
properties, by receiving rehabilitation loan repayments from project
area residents, and by receiving repayments of loan loss reserve funds
as housing loans are repaid; that the Housing Authority is required to
transfer program income to the City, and the City is required to use
the income for a con~nunity development activity; and the Housing
Authority has made payment to the City, in the amount of $40,856.00
through June 30, 1989, for the following categories of program income:
$33.18g.00 in parking lot rentals in the Downtown
East Project in excess of parking lot income pre-
viously appropriated.
$7,667.00 in rehabilitation loan repayments by pro-
Ject residents in excess of amounts previously
appropriated.
It was further advised that the Greater Roanoke ~ranslt Company
manages the daily operation of the Wtlliamson Road Parking Garage; that
a portion of the annual net income of the parking garage is considered
program income as a result of UDAG funding provided to construct the
garage; that the Transit Company transfers funds to the City, which
the City is required by grant agreement to use for housing rehabilita-
tion; and the amount of program income for the year ended June 30,
198g, is $7,175.00.
449
The Director of Finance explained that the City has received the
fol 1 owtng mi scel 1 aneous program Income:
$446,00 in rental income from Gainsboro PAC/GNDC in
excess of amounts previously appropriated.
$2,876,00 in CDBG loan repayments from the
Northwest Neighborhood Environmental Organization
(NNEO) in excess of amounts previously
appropriated.
$563.00 in CDBG loan repayments from Chemical and
Paper Services in excess of amounts previously
appropriated.
The Director of Finance recommended that Council appropriate the
total amount of $51,916.00 in program income received from the City of
Roanoke Redevelopment and Housing Authority and other sources, as.
follows:
$33,189.00 to Account No. 035-088-8840-5183,
Unprogrammed CDBG - Parking Lot Income. This
amount will be available for future appropriation
transfers for a community development purpose.
$7,667.00 to Account No. 035-088-8840-5180,
Unprogrammed CDBG - Rehabilitation Loans. This
amount will be available for future appropriation
transfers for a community development purpose.
$3,885,00 to Account No. 035-088-8840-5186,
Unprogrammed CDBG - Other Loan Repayments. This
amount will be available for future appropriation
transfers for a community development purpose.
$7,175.00 to Account No. 035-089-8940-5182,
Unprogrammed CDBG - Wtlliamson Road Garage. This
amount will be available for future appropriation
transfers for housing rehabilitation.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29821-102389) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 420.)
Mrs. Bowles moved the adoption of Ordinance No. 29821-102389. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ................................................ 6.
NAYS: None .............................
(Mayor Taylor was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISNED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
450
ACT]ON:
ACT]OH:
ACT]ON:
ZONING: Ordinance No. 29798-102389 rezontng a tract of land lytn9
on the southeasterly side of Carvin Street, N. E., fronting 159 feet on
Carvin Street, Official Tax Nos. 3322301 and 3322201, from RM-1,
Residential Multi-Family, Low Density District, to RM-2, Residential
Multi-Family, Medium Density District, having previously been before
the Council for its first reading on Monday, October 9, 1989, read and
adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final adop-
tion:
(#29798-102389) AN ORDINANCE to amend §36.1-3, Code of the City
of Roanoke (1979), as amended, and Sheet No. 332, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 410.)
Mr. Trout moved the adoption of Ordinance No. 29798-102389. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ..................... 6.
NAYS: None ..................................................... O.
(Mayor Taylor was absent.)
ZONING: Ordinance No. 29799-102389 rezoning a tract of land
fronting on Mexico Way, 250 feet, more or less, from the intersection
of Mexico Way and Orange Avenue, N. E., (U. S. Route 460 East), being
a portion of Official Tax No. 7110105, from RS-3, Single Family
Residential District, to C-2, General Con~nerctal District, having pre-
viously been before the Council for its first reading on Monday,
October 9, 1989, read and adopted on its first reading and laid over,
was again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
(#29799-102389) AN ORDINANCE to amend §36.1-3, Code of the City
of Roanoke (1979), as amended, and Sheet No. 711, Sectional 1976 Zone
' Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 411.)
Mrs. Bowles moved the adoption of Ordinance No. 29799-102389. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ................................ 6.
NAYS: None ............
(Mayor Taylor was absent.)
INDUSTRIES: Mr. Garland offered the following resolution reap-
pointing Messrs. Russell O. Hannabass and Stanley R. Hale as Directors
of the Industrial Development Authority of the City of Roanoke, to fill
four year terms on its Board of Directors:
(#29822°102389) A RESOLUTION reappointing two directors of the
Industrial Development Authority of the City of Roanoke, to fill four
year terms on its board of directors.
(For full text of Resolution, see Resolution Book No. 51, page 421.)
Mr. Garland moved the adoption of Resolution No. 29822-102389.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ............................................... 6.
NAYS: None ........................................
(Mayor Taylor was absent.)
45:L, !
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO)~IENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Vice-Mayor declared the
meeting adjourned at 2:35 p.m.
APPROVED
ATTEST: .~~.~/~,_~.
City Clerk
Vice-Mayor
m~
452
SPECIAL MEETING ROANOKE CITY COUNCIL
November 2, 1989
3:00 p.m.
The Council of the City of Roanoke met in special meeting in the
Civil Defense Room, Room 159, Municipal Building, 215 Church Avenue, S. W., City
of Roanoke, on Thursday, Hovember 2, 1989, at 3:00 p.m., pursuant to Section 10,
Meetings of Council, of the Roanoke City Charter, and pursuant to Resolution No.
298i1'L~09~§, with Mayor Noel C. Taylor presiding.
~-" ,. 'PRESENT: Council Members David A. Bowers, Beverly T. Fitzpatrick, Jr.,
Howard E. Musser, James O. Trout and Mayor Noel C. Taylor ..................... 5.
ABSENT: Council Members Elizabeth T. Bowles and Robert A. Garland---2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; and Mary F.
Parker, City Clerk.
OTHERS PRESENT: The Honorable J. Granger Macfarlane, Member, Senate of
Virginia; the Honorable A. Victor Thomas, Member, House of Delegates; the
Honorable Clifton A. Woodrum, III, Member, House of Delegates; School Board
Vice-Chairman Sallye T. Coleman; School Board Members Velma B. Self, Marilyn C.
Curtis, William White, Guy W. Byrd, Jr., and Thomas Orr; Frank P. Tota, Jr.,
Superintendent of Schools; Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board; and June S. Nolley, Secretary to the Superintendent.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor advised that it was a pleasure to welcome the City's
representatives to the 1990 Session of the General Assembly, as well as
School Board Members, to the special meeting. He m~ntioned the advan-
tages of such a meeting in order to bring the City's, as well as the
School Board's, legislative issues to the attention of Senator
Macfarlane and Delegates Thomas and Woodrum. He stated that he was
pleased to know' that each year the City's legislative representatives
would take time out of their busy schedules to allow City and School
representatives an opportunity to share their mutual concerns regarding
funding requests and other pertinent rules and regulations that are
important to the ongoing success and progress of the City of Roanoke.
He pointed out that not only do the legislators listen to the City's
concerns, but they champion the City's cause each year in Richmond
during the legislative session.
The Mayor called upon the City Attorney for remarks as a prelude
to remarks of Council Members; whereupon, Mr. Dibltng advised that he
would prefer to save his remarks until the conclusion of the meeting.
Mayor Taylor addressed the matter of the trade and convention
center funding, as well as the Jefferson Center funding. He advised
that it was stated in the legislative proposal that the City has
completed a feasibility study which establishes the economic viability
of a trade and convention center to be located in downtown Roanoke, and
in addition, the study indicated that such a facility would generate
over $2 million in new taxes on an annual basis with over a million
dollars of this amount being new state tax revenue. He explained that
the City Manager appointed a task force to study location, financing
and operation of such a facility, and pointed out that the trade and
convention center is an idea whose time has come.
The Mayor advised that presently the City cannot always attract
all of the trade and convention shows that it might otherwise attract
because the Roanoke Civic Center complex is used as a kind of dual
facility; that there are instances when sporting events could have been
scheduled, but they were not booked because the Civic Center had
already con~nitted itself to a trade or convention show; therefore, with
the construction of a trade and convention center, the Civic Center
complex would be free to serve the purpose for which it was initially
intended, designed and constructed.
453
,m
The Mayor explained that the trade and convention center would
provide a vital unit to the ongoing progress of the City and not only
would the City of Roanoke be a great beneficiary, but the State of
Virginia would also benefit from the tax revenues received therefrom.
He stated that it has been determined that more than 20 of the 50
states around the country have already begun to participate financially
in the construction of such facilities, and he believed that the City
would be moving in the right direction if it could encourage the
General Assembly to establish a kind of funding program that would
give support to local communities, thereby joining with tile localities
as partners for progress, but equally important the State would be
the recipient of tax revenue to be collected from such a facility. In
summary, he advised that the trade and convention center is a project
worthy of consideration by the General Assembly and the revenue
received therefrom would be a significant amount for both local and
state governments.
Mayor Taylor spoke with regard to the Jefferson Center, advising
that the facility is an architectural classic. He stated that he did
not know why the building had been allowed to deteriorate to its pre-
sent state of disrepair because it represents the gateway to the
western entrance to downtown Roanoke. He called attention to the posi-
tive impact of Center in the Square by generating business in the City
Market area and submitted that if the Jefferson Center Foundation is
successful with the project, it will have the effect of generating more
jobs, more economic activity, more construction and help to move the
City progressively forward.
The Mayor stated that the Jefferson Center Committee has submitted
plans for renovation of approximately 55 per cent of the building at a
cost of approximately $5.5 million, and once completed, the facility
will house a variety of activities such as performing arts groups, edu-
cational organizations, human service groups, an auditorium and conven-
tion center, classrooms and offices for public service agencies, etc.
He pointed out that the Jefferson Center Foundation should be applauded
for its efforts to renovate the high school and to create a new busi-
ness, cultural and education center, advising that the Jefferson Center
Foundation has taken its dream to the Jefferson ~lumni, to private
industry and to individual citizens. He explained that the City of
Roanoke is requesting the Commonwealth of Virginia to contribute at
least one million dollars for this important project.
At this point, 3:35 p.m., Vice-Mayor Fitzpatrick entered the
meeting.
Mr. Trout addressed the matter of full funding of the Standards of
Quality in Education, and read the following extract from the 1990
Legi sl ative Program.
"The General Assembly should recognize the long
standing support of public education by local
governments. For many years, local governments
have funded educational costs beyond their required
share in efforts to provide quality education.
Increased funding for education, including full
funding of the State's share of the actual costs of
the Standards of Quality and full funding of cate-
gorical educational mandates, is a top priority of
City Council. Increased State funding should be
achieved without reduction to other funding com-
ponents of the State's public education budget or
to other State 'funding items affecting local
governments. The State should also factor public
school capital improvement costs into the Standards
of Quality and should begin to share in funding
such costs."
454
Mr. Trout stated that the City of Roanoke is faced with tremen-
dous maintenance costs in its school plant facilities. He advised that
capital costs and/or the interest on capital costs represents an over-
whelming burden and the City has assumed an enormous debt by keeping
neighborhood schools open. He explained that citizens have supported
this position through the prepared food and alcoholic beverage tax and
Council is comfortable that it made a wise decision to remodel certain
neighborhood schools at a cost of $3.5 million. He called attention to
renovations at Highland Park Elementary School to be followed by reno-
vations at Oakland Elementary School and Crystal Spring Elementary
School; therefore, the neighborhoods will have quality buildings,
which, in turn, has placed a great financial burden on the City to pay
for these facilities.
Mr. Trout pointed out that approximately 85 per cent of the cost
of the school budget is devoted to teacher salaries; and also to be
taken into consideration is insurance, operation of school buses,
interest rate on bonds and literary fund loans, etc. He stated that
the problem of asbestos abatement needs to be dealt with which will
require approximately $3,300,000.00, and represents a high figure to
carry in a bond issue. He expressed concern that if a school building
had to be closed because of asbestos exposure, it was conceivable that
the structure could be shut down for the entire school year because
there are so few contractors who are licensed in the area of asbestos
removal and because of the restrictions and inspections that are
required. He requested that the General Assembly give consideration
to a $3,300,000.00 expenditure for asbestos removal as an emergency
item.
Mr. Trout also addressed the matter of modernization of the City's
middle schools, and called attention to four middle schools that have
not received attention to the original plant per se, other than a
"band-aid" approach; viz: Jackson Middle School, Woodrow Wilson Middle
School, Addison Middle School and Breckinridge Middle School. He
stated that they are relatively old schools, and the physical plant has
not been reworked since the schools were constructed. He cited a
figure of $16,250,000.00 to remodel under the middle school concept.
Further, with regard to the Standards of Quality in Education, Mr.
Trout read the following from the Legislative Program:
"Finally, no changes to educational funding for-
mulas, which would reduce State funding of any
school division, should be recon~ended without spe-
cific notice of such proposed changes being given
to each school division, each local government and
the Virginia Municipal League and the Virginia
Association of Counties. Public hearings should be
held with respect to such proposed changes at loca-
tions throughout the Commonwealth. Notice with
respect to any changes to be presented to any
Session of the General Assembly should be given at
least ninety days prior to the commencement of the
Session."
Mr. Trout stated that as Chairman of the City's Economic Develop-
merit Commission, he had attended meetings of the Superintendent of
Schools as well as hearings conducted by the Governor's Business Round
Table and the State's Business Council. Ne referred to reports that
were prepared for the Governor with regard to providing early childhood
development programs for all at risk students so that all children will
be prepared to begin school. Ne pointed out that this is one of the
reasons why it is paramount that there be at least a gO day notice
before such meetings take place in order that Superintendents of the
various school districts can meet and bring out the facts about each
particular school district inasmuch as they all have individual
characteristics that will help the General Assembly to develop a
stronger strategy to provide a program that will correct certain
shortcomings.
Finally, Mr. Trout addressed the matter of Education, Minimum
Gain/Enrollment Loss, and read the following statement from the 1990
Legislative Program:
455
"The last Session of the General Assembly continued
the minimum gain/enrollment loss provision for
school divisions with declining enrollment. School
divisions were guaranteed an annual increase in
State aid of 3% to 5% depending on their composite
index, and State educational aid was continued for
each student lost through enrollment decline at 40%
of the prior year entitlement. This legislation
should be continued for the next Biennium in order
to protect school divisions with declining enroll-
ment from a substantial loss of State aid."
Mr. Trout stated that with the help of the City's representatives
to the General Assembly, the City and Schools were able to work their
way through what turned out to be a crisis situation for another year.
He explained that Roanoke's school population is dropping in the area
of one to two per cent per year, and it is shocking to point out an
increase of 13 - 15 per cent of children in need of special education
classes. He requested that the abovestated legislation be continued
for the next Biennium in order to protect school divisions with
declining enrollment from a substantial loss of State aid.
Mr. Musser addressed the matter of the sales tax local option of
one-half cent over and above the one cent presently available to cities
and counties. He stated that it is estimated by the Director of
Finance that the City of Roanoke would generate approximately $5.7
million from this additional one-half cent. He advised that the City
is requesting the opportunity to raise the sales tax if it so chooses,
and explained that this is not a concept that is unique to the City of
Roanoke, but has the support of the City of Bristol, northern Virginia,
and the eastern shore.
Mr. Musser called attention to the needs of local government with
education being one such need, advising that the City of Roanoke has
gone from 16 to 40 per cent under privileged families, which means that
not only do the children have to be educated but the families have to
be assisted to a certain extent, and the burden of taking care of many
of the school programs, as well as numerous social service programs, is
being filtered down to the localities. He stated that localities need
some means of increasing their revenue and the City of Roanoke views
the sales tax as one of the most equitable means of doing so.
With regard to the distribution of lottery funds, Mr. Musser spoke
in favor of returning a fair amount of lottery monies to the locali-
ties, and that the local governments be given the opportunity of
deciding how their portion of the funds will be spent. He pointed out
that both candidates for Governor had committed themselves to returning
a portion of the lottery monies to the localities.
Mr. Bowers discussed items regarding historic preservation. Ne
advised that the City of Roanoke boasts of having two historic areas
within its boundaries; viz: the historic City Market and old south-
west.
With regard to the demolition of historic structures, Mr. Bowers
pointed out that presently the Code of Virginia provides that a
historic structure may not be razed until it has been offered for sale
at a reasonable fair market value for a period of time and if it is not
sold within that time, the structure may then be razed. He stated that
the City is requesting that the General Assembly adopt amendments to
Section 15.1-503.2 of the Code of Virginia to increase the penalties,
advising that at the present time, the penalty for razing a historic
structure can range from $10.00 to $1,000.00, however, the City is
suggesting an amendment to the Code to make the demolition of historic
properties a class one misdemeanor under the criminal section of the
State Code which would mean that anyone who tears down a historic
structure could be sentenced up to 12 months in jail and up to a
$1,000.00 fine, either or both. He further stated that there should
also be not only a criminal penalty, but a civil penalty in the amount
of the assessed value of the historic structure which was destroyed,
such civil penalty would be paid to the local government to be used in
historic preservation activities.
456
Secondly, with regard to development in historic districts, Mr.
Bowers advised that presently applicants for permits often make certain
promises regarding site plans and/or rezonings, and it is requested
that the Architectural Review Board be authorized to impose conditions
on the issuance of a Certificate of Appropriateness which will render
the Certificate null and void if a developer does not follow through on
what they say they are going to do in a historic district. Further-
more, he stated that the Building Commissioner would be allowed to
revoke or withhold a Certificate of Occupancy if proffered conditions
are not met. He commented that historic preservation is becoming an
important topic of interest to most of the Roanoke community and these
are the kinds of laws that are necessary in order to preserve Roanoke's
historic districts.
Mr. Fitzpatrick addressed a matter with regard to the Commission
on Local Government Relationships and Structures (Grayson Con~ission),
advising that the General Assembly established the Grayson Commission
to look at local government; and local, public and administrative offi-
cials have continued to watch every move of the Grayson Commission with
interest to understand what the Commission is about and what impact its
recommendations will have on their respective communities. He stated
that specifically, the Commission has considered the creation of cer-
tain financial incentives for local governments that consolidate or
adopt regional approaches to service delivery. He explained that he,
along with Council Member Musser and Roanoke County Board of
Supervisors Robert Johnson and Lee Garrett had the opportunity afforded
to them by citizens of the Roanoke Valley to look at consolidation and
they have come to understand more and more about the opportunity and
the need to look at financial incentives for consolidating local
government services in the Commonwealth of Virginia.
Mr. Fitzpatrick stated that currently the State is considering two
types of incentives; viz: (1) that the state assume all state mandated
costs of social services, health and mental health, advising that
Council supports this proposal provided there is sufficient assurance
that such funding will remain available on a long term basis, and (2)
that an incentive pool be distributed to local governments that con-
solidate functions, either totally or partially. He added that the
City of Roanoke supports this proposal provided the pool is large
enough to make consolidation attractive for governments that go through
the necessary steps.
Mr. Fitzpatrick stated that the City also recommends that whenever
consolidation of two local governments occurs, there should be a "no
loss" provision for those two governments based on ratios of funding
and other similar formula; that there is a chance when local govern-
ments consolidate that some funds that currently arrive from the state
could be less, and therefore it is crucial that there be a hold
harmless provision for those governments that take a leadership role
and put themselves in a position of trying to provide for the citizens
and for the Commonwealth a better relationship between those people and
the provision of services. He further stated that the City recommends
that whenever consolidation of two local governments occurs, that a "no
loss" provision should be applicable so that State funding cannot be
reduced below the combined level of funding provided to the two con-
solidating governments in the last full fiscal year prior to con-
solidation, and such "no loss" provision should be applicable for at
least ten years. He advised that the recommendation was not something
that would be a long term funding request from the Commonwealth based
on what the City of Roanoke did, but it would help in getting the loca-
lity over the "hump" of the consolidation effort until it begins to
realize some of the effects that will come from the consolidation of
services.
With regard to the Virginia Museum of Transportation, Mr.
Fitzpatrick advised that the General Assembly has been gracious to
assist the Museum in the last Biennium in the amounts of $110,000.00
and $112,000.00, respectively, in its educational functions. He stated
that the Museum has started on a whole new course which is basically a
tribute to the people and progress of the Roanoke Valley and western
Virginia and to the people who made transportation come about in the
State of Virginia. He advised that the City of Roanoke is a major
partner in the Transportation Museum and owns 42 per cent of the assets
and the City currently funds the Museum as a line item in its budget to
457
insure that it continues to move ahead. He pointed out that the major
focus of the Transportation Museum has changed since the General
Assembly commenced funding to much more of an educational venture,
advising that school children come from not only the City and County,
but throughout the region in order to understand the technical and
business aspects of transportation. He stated that the request of
Council for the Virginia Museum of Transportation is for $140,000.00
for 1990-91 and $144,000.00 for 1991-92 and a one-time appropriation of
capital funds to be matched by private donations of $200,000.00 in next
years' budget.
At this point, 4:00 p.m., Mr. Bowers left the meeting.
School Board Vice-Chairman Coleman advised that she would like to
reinforce some of the issues discussed by Council Member Trout under
the education section of the Legislative Program. She commended mem-
bers of the State legislature for their work in securing the enrollment
loss funds and minimum gain funds for the funding year 1988-89,
advising that because of their efforts, the City has received $1.2
million in additional State funding for which it is grateful. She
stated that during the next Biennium, the School Board is requesting
that legislation be introduced that would continue the minimum gain
funds of five per cent for each school division throughout the State
and likewise an enrollment loss fund provision that would provide 50
per cent for each lost student in the prior enrollment year.
Mrs. Coleman addressed the matter of teacher arbitration and
strongly encouraged Senator Macfarlane and Delegates Thomas and Woodrum
to take the position that the School Board should have the final say in
teacher grievances and that the process should not be turned over to a
third party arbitrator. She advised that the School Board is of the
opinion that to support such legislation wuuld erode the Board's
authority in personnel matters and likewise could and would impose a
tremendous financial burden on localities to set up administration of
the arbitration process. She asked that the legislators give serious
consideration to the above matters and if they need additional infor-
mation on any school related issue, she would encourage that they con-
tact Dr. Tota and his staff who would expeditiously respond to their
inquiries.
Mr. Orr advised that the School Board is of the opinion that the
Governor's Technical Initiative Program should be continued whereby the
State will fund debt service on the bonds for computers and related
equipment. He stated that for the next Biennium, the Governor's School
should also be included at a cost of $80,000.00 annually to upgrade its
computer system.
Mrs. Self spoke in support of full funding of the Standards of
Quality in Education. She advised that the School Board is opposed to
mandated school nurses without a realistic increase in State education
aid.
Mrs. Curtis advised that she supported funding for the Governor's
School, with a ten per cent increase and requested that the legislature
concentrate on inner City schools with students that have special
needs. She stated that many valuable programs need support al;d it is
hoped that education will be one of the top priorities during the
upcoming 1990 Session of the General Assembly.
Mr. White requested that the legislature seriously consider all of
the issues which were presented, and expressed particular concern over
the issue of capital improvements. He stated that he recently served
on an education panel and the question arose as to whether state lot-
tery funds should be used to fund capital improvements, and it was the
consensus of the panel that it did not want to earmark just lottery
funds, but it was felt that State support is needed for capital impro-
vement needs through not only new construction but major capital reno-
vation of existing facilities. He further stated that the education
panel was of the opinion that in any mechanism or funding for capital
improvelnents, certain incentives should exist for more efficient use of
458
existing facilities; viz: closing, consolidating, or constructing new
facilities to provide for more efficiency in operation rather than
maintaining, as well as better cooperation on regional type facilities,
etc. He explained that education is the equalizer in this country and
offers the only chance for working people, and asked that the City's
representatives seriously consider the proposals and provide any help
they may be in a position to render.
Dr. Tota expressed appreciation to Council, to the School Board
and to the legislators for what has been done in past years with regard
to education. He stated that Mr. Trout and Mrs. Coleman presented the
schools' case very well. He commented that the State has become rather
sophisticated in not issuing mandates; however, in one way or another,
those mandates are still coming in and the best way to help is to con-
tinue the minimum gain/enrollment loss provision for school divisions
with declining enrollment. He advised that no matter how one looks at
the JLARC report, it is inconceivable with all of the changes that have
occurred in the State, that Roanoke County with only three per cent
disadvantaged student population, compared with the City's 40 per cent
disadvantaged population, receives more money from the State than does
the City. He stated that it is imperative that there be a hold
harmless provision for certain areas such as seven period days and
increased number of teachers.
The City Manager expressed appreciation to the legislators for
their assistance over the years. He stated that when City staff under-
stands thoroughly what the Governor's staff is recommending, they are
quick to request a meeting with the City's legislative representatives,
who, in turn, will bring in the appropriate State officials. Mr.
Herbert advised that he had seen this happen on numerous occasions and
referred to the school funding issue as one such instance. He stated
that he had an understanding of the pressure that General Assembly
members are under and expressed appreciation because there tends to be
the impression that State government is a faceless group of people and
Senator Macfarlane and Delegates Thomas and Woodrum have brought people
and policies together.
The Mayor expressed appreciation for the assistance he received
from Senator Macfarlane and Delegates Thomas and Woodrum during his
tenure as President of the Virginia Municipal League because there were
numerous instances when they were responsible for bringing together key
officials at the State level.
The City Attorney highlighted certain legal issues, as follows.
With regard to the grievance procedure, Mr. Dibling commented on a
proposal of the Director of the State Office of Employee Relations
Counsellors who has recently begun the process of attempting to impose
a uniform employee grievance procedure on all local governments. He
pointed out that the City of Roanoke has a good procedure in place and
the City has been disturbed by the proposal. He explained that the
State's proposed procedure is very cumbersome and time consuming,
turning what should be an opportunity for quick, informal due process
into a full blown judicial proceeding complete with discovery. He
advised that the City strongly objects and urges the Governor and tile
General Assembly to allow flex(bility in local grievance procedures as
long as they comply with minimum provisions of State law.
In connection with immunity for staff and volunteers in youth
athletic programs, Mr. Dibling pointed out that the City's non-profit
youth athletic programs are supported by several City employees and
many volunteers. He advised that these volunteers serve as coaches,
assistant coaches, league officials, etc., and it is well known that
these athletic programs involve high risk activities which expose staff
and volunteers to considerable liability. He pointed out that if these
athletic programs are going to continue, the General Assembly will need
to extend immunity to the local government employees and volunteers who
oversee them.
459
With regard to City Charter amendments, the City Attorney advised
that the 1989 Session of the General Assembly amended the Virginia
Public Procurement Act to raise the threshold for the requirement of
competitive sealed bidding in the purchase of construction, goods and
services from $10,000.00 to $15,000.00. He explained that Section 40
of the City Charter still requires competitive sealed bidding where the
amount of a contract is expected to be $10,000.00 or more, and
requested that the General Assembly conform the provisions of the City
Charter to the new threshold established by the State Procurement Act.
Tile City Attorney advised that he had not attempted to cover each
item in the legislative program and encouraged Senator Macfarlane and
Delegates Thomas and Woodrum to read the document at their leisure and
if they have questions or comments, he would be pleased to respond
accordingly. He expressed appreciation for the assistance they have
rendered in the past and advised that he looked forward to working with
them during the upcoming Session of the General Assembly.
With regard to the Minimum Gain/Enrollment Loss funds for the
schools, Senator Macfarlane pointed out that to be quite candid, he was
of. the opinion that there was going to be formula tinkering going on
constantly during the General Assembly Session, and suggested that City
officials look at the demographics of Roanoke compared with such cities
as Portsmouth and others insofar as size, stagnant growth, etc., and
endeavor to form a coalition which could ultimately cause the funding
formula to be changed in the City's favor. Moreover, he stated that
regardless of who is elected Governor, there will be new players in the
various secretariats and the various staffs which will provide an
opportunity to present the City's ideas once again to perhaps more
receptive people, however, a coalition of the non-growth areas that are
suffering educational losses would be a good route to follow as well as
analyzing and watching the funding formula very carefully. He added
that the action taken by the General Assembly last year was a temporary
overlay and the formula is going to have to be adjusted and it would
be advantageous to get the City's forces together and proceed on a
coalition basis because nothing is done in Richmond unless it is done
on a coalition basis.
Senator Macfarlane addressed the matter of funding for the
Virginia Museum of Transportation as well as the Science Museum of
Western Virginia which are the only cultural organizations that provide
programs that receive direct funds from the State, advising that
Center-in-the-Square receives direct funds from the State, however,
those monies go into buildings, maintenance and salary expenses. He
explained that he corresponded with the Chairman of the Board of
Center-in-the-Square to encourage a unified cultural and arts budget,
the reason being that Center-in-the-Square has requested $1 million,
the Science Museum has requested $1 million, the Museum of Fine Arts
has requested $1 million, as well as a request for funds for the
Virginia Museum of Transportation. He encouraged the formation of a
unified budget in order that the Virginia Museum of Transportation, the
Science Museum, and Mill Mountain Playhouse, etc., would be in a posi-
tion to participate in the programmed funds. He also urged that the
$150,000.00 appropriated by Council per year be divided, as follows:
50 per cent for buildings and maintenance for Center-in-the-Square and
50 per cent for programs.
Senator Macfarlane pointed out wi th regard to the Grayson
Commission, that one of the recommendations which is being considered
is the possibility of offering a one-half cent local option sales tax.
He advised that a meeting for this package of 11 bills would be held on
November 21, 1989, in Harrisonburg, Virginia, and suggested that the
City of Roanoke have a small delegation present on the morning of
November 21 to apprise the Grayson Commission of the City's priority
one and priority two items. Ne pointed out that the assumption by the
State of health and social services and mental health services will
mean several millions of dollars per Biennium to the City of Roanoke;
and a proposal has been made that the portion of these three agency
budgets mandated on localities would be picked up over a period of
three Bieniums in the first and second, third and fourth, and fifth and
sixth years. He stated that any volunteer portions of the budgets that
the localities wish to continue will have to be funded by the locali-
ties.
460
With regard to the subject of capital improvement costs for secon-
dary education, Senator Macfarlane referred to 37 out of 84 projects
that have been funded out of lottery money. He stated that it was con-
ceivable that an allocation of the lottery funds could go back to
secondary schools to be used for buildings which would equate to addi-
tional money that could be added to the Literary Fund Loans, and the
City would be in a position to go forward with refurbishing of its
schools in a manner similar to that which was accomplished at Highland
Park Elementary School.
Senator Macfarlane addressed the matter of funding for the trade
and convention center in which he suggested that a portion of the pre-
pared food and alcoholic beverage tax, as well as the transcient occu-
pancy tax, be set aside in a sinking fund to be used toward ultimate
matching funds that will be requested of the State. He advised that if
the City has funds already set aside, it provides a talking point and
an opportunity show a seriousness of purpose.
Senator Macfarlane called attention to the fact that there has
been considerable publicity about landfills and the various methods of
reducing solid waste. He advised that the Texaco Corporation has
developed a plant that uses co-gasification to produce electricity as
well as steam and the burning of municipal waste; that the pilot plant
is located in California; that the process does not cause heavy pollu-
tion and suggested that the City look into the concept of such a faci-
lity.
The Senator pointed out that a large amount of coal comes through
Roanoke by train and mentioned the possibility of using the co-
gasification process for burning municipal waste, for providing steam
for downtown development and for turning the remainder of the steam
into electricity that could be sold to Appalachian Power Company.
Senator Macfarlane stated that it was possible that the General
Assembly could be asked to provide special pollution or solid waste
funding bonds for municipalities that would be willing to construct co-
gasification plants in the future, and he would like for Roanoke to
take advantage of the opportunity, particularly in light of the locali-
ty's relationship to the coal fields, the downtown Tower Project which
will need electricity, and the City's solid waste disposal program.
Delegate Thomas expressed appreciation for the opportunity to meet
with Council and the School Board. He advised that the City's repre-
sentatives have worked hard to retain the no loss enrollment provision
for the schools, and pointed out that he had worked with localities
such as Richmond and Norfolk and other localities that have the same
problems as Roanoke in retaining the no loss enrollment provision. He
added that education would be his number one priority and he would do
everything he could on its behalf. He advised that he, along with
Senator Macfarlane and Delegate Woodrum, work together and the Roanoke
Valley works as one in the House of Representatives and the State
Senate. He added that he has appreciated the cooperation he has
received from the City and the Schools during past General Assembly
Sessions.
Delegate Woodrum expressed appreciation for the opportunity to
meet with Council and the School Board and advised that he looked for-
ward to working with the City and the Schools during the upcoming 1990
General Assembly Session.
On behalf of the School Board, Mrs. Coleman expressed appreciation
for the opportunity to meet with the legislators on matters of grave
importance to the School Board and stated that she looked forward to
the continuing excellent working relationship.
The Mayor expressed appreciation to the legislators on behalf of
the Members of City Council for taking time out of their busy schedules
to meet with City and School representatives, and presented Senator
Macfarlane and Delegates Thomas and Woodrum with a City of Roanoke logo
lapel pin.
461
There being no further business, the Mayor declared the special
meeting adjourned at 4:50 p,m.
City Clerk
APPROVED
Mayor
462
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
November 6, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 6, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members David A. Bowers, Robert A. Garland, James O.
Trout and ttayor Noel C. Taylor .......... 4.
ABSENT: Council Members Elizabeth T. Bowles, Beverly T. Fitzpatrick,
Jr., and Howard E. Musser ....... ----3.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; William X Parsons, Assistant City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CITY GOVERNMENT: Mr. David K. Lisk, Chairman, Wonju Sister City
Committee, appeared before Council and advised that it was a pleasure
for a delegation of Roanoke citizens to visit Wonju, Korea, upon the
occasion of the 25th Anniversary Celebration of the Sister City rela-
tionship between Wonju, Korea and Roanoke, Virginia on September 28 -
October 10, 1989. He pointed out that when the relationship was
established 25 years ago, Wonju had a population of 50,000 and Roanoke
had a population of 90,000 and today Roanoke's population is approxima-
tely 100,000 and the population of Wonju has grown to 160,000.
Mr. Lisk presented special gifts from the Mayor of Wonju to the
Mayor and Members of Council. He advised that on November 16, 1989 a
delegation of citizens from Wonju would arrive in Roanoke to celebrate
the Silver Anniversary of the Sister City relationship.
Ms. Sandra Daniels, representing Roanoke Sister Cities, appeared
before Council and compared what Korea was like when she visited there
over three years ago to what it was like during her visit in September.
She stated that there is now more freedom of speech and it was heart-
warming to see Koreans moving in the direction of a democracy as we
know it. She presented Mayor Taylor with a framed picture of Mount
Cheok, which was a gift from the Mayor of Wonju, a Korean tea service,
a vase and Gin Seng tea.
On behalf of the City of Roanoke, Mayor Taylor expressed appre-
ciation for the gifts from tho Mayor of Wonju and advised that the City
would be pleased to welcome the Korean delegation in mid November in
commemoration of the Silver Anniversary celebration of the two Sister
Cities.
BID OPENINGS:
BRIDGES: Pursuant to notice of advertisement for bids for removal
of the Jefferson Street leg of the Hunter Viaduct (Phase Il, said bids
to be received by the City Clerk until 1:30 p.m., on Monday,
November 6, 1989, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
463
ACTION:
ACTION:
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
Branch Highways, Inc.
S. B. Cox, Inc.
Lanford Brothers Company, Inc.
Pendleton Construction Corporation
$!80,130.00
187,887.00
235,688.00
315,476.50
Mr. Trout moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Garland and adopted, Council
Member Bowers voting no.
Mr. Bowers asked for a roll call on the motion; whereupon, the
following vote was recorded:
AYES: Council Members Garland, Trout and Mayor Taylor .......... 3.
NAYS: Council Member Bowers
(Council Members Bowles, Fitzpatrick and Musser were absent.)
The Mayor inquired as to whether or not the motion passed on three
affirmative votes of Council; whereupon, the Assistant City Attorney
advised that the motion was adopted by a majority of the Members of
Council present and voting.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Kiser as members of the committee.
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; and a matter regarding
the disposition of publicly held property for industrial development
purposes.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 {A) (1), Code ~f
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None .................. O.
(Council Members Bowles, Fitzpatrick and Musser were absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
October 23, 1989, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
464
ACTION:
ACTION:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None .... O.
(Council Members Bowles, Fitzpatrick and Musser were absent.)
HOUSING-ANNUAL REPORTS: A communication from Council Member
David A. Bowers transmitting the 1988-89 Annual Report of the City of
Roanoke Redevelopment and Housing Authority, advising that the report
was dedicated to Ms. Jo Anne B. Justts, one of the City's finest
Commissioners, who has served the City well on the Board since 1980,
was before Council.
Mr. Bowers further advised that on Page 6 of the report, it is
indicated that the Housing Authority operates 1,506 public housing
units in the City; that Page 13 indicates that 1,304 units are operated
under the Authority's Section 8 Program; that an explanation of the
Community Development Program of the Authority, including Deanwood,
Shaffer's Crossing, Henry Street, Gainsboro and other programs begins
on Page 17; and Page 27 advises of a return to the City of Roanoke of
$125,798.36 as payment in lieu of taxes, which represents a doubling in
this category during this decade.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. Trout moved that the Annual Report be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None ........ O.
(Council Members Bowles, Fitzpatrick and Musser were absent.)
CITY MANAGER-HOUSING: A report of the City Manager with regard to
the City's participation in the ICMA/HUD Technical Assistance Program,
was before Council.
The City Manager advised that the International City Management
Association (ICMA) has received funding from the Department of Housing
and Urban Development (HUD) to provide technical assistance to six com-
munities nationwide which now receive Community Development Block
Grants (CDBG) on an annual basis; and the City of Roanoke has been
chosen to participate in this nationally recognized effort.
It was further advised that the other five cities involved are
Royal Oak, Michigan, Winston-Salem, North Carolina, Des Moines, Iowa,
Toledo, Ohio, and Tucson, Arizona; that Roanoke was chosen to par-
ticipate in the program because of its reputation for innovation,
program compliance, and fiscal responsibility in the use of CDBG funds;
and the goal of the technical assistance program is to provide the
participating communities with a forum to explore approaches that may
be employed to enhance each community's current CDBG allocation by
increasing private sector participation.
The City Manager explained that a team of City and Roanoke
Redevelopment and Housing Authority employees were appointed to repre-
sent the City in this effort; that a local lending institution execu-
tive will also be asked to participate on the City's team; and the
first workshop will be held on November 16 and 17 at the ICMA national
office in Washington, D.C.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None .......... .0.
(Council Members Bowles, Fitzpatrick and Musser were absent.)
465
ACTION:
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter regarding the disposition of publicly held
property for industrial development purposes, pursuant to Section
2.1-344 (Al (3), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter regarding
the disposition of publicly held property for industrial development
purposes, pursuant to Section 2.1-344 (Al (3), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None ...... O.
(Council Members Bowles, Fitzpatrick and Musser were absent.)
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
SCHOOLS-CELEBRATIONS: A communication from Council Member
David A. Bowers advising that some time ago he requested that the City
Manager report to Council with regard to recognizing William Fleming
High School for its numerous scholastic achievements, the matter was
again before the body.
Mr. Bowers called attention to an awards ceremony which was held
at the school on October 31, advising that it is now appropriate to go
forward in some manner to have the City of Roanoke establish some form
of local recognition, and suggested that signs be built and installed
at all of the main thoroughfares at the City limits, and that there be
some type of recognition in the new Roanoke Regional Airport Terminal.
(For full text, see communication on file in the City Clerk's Office.)
The City Manager submitted a written report advising that City
staff, in consultation with Dr. Frank P. Tota, Superintendent of
Roanoke City Schools, is in the process of preparing to lay out the
design for signage to be installed at all of the main entrances into
the City; and the signs should be fabricated and installed within the
next two to three weeks, was also before Council.
It was further advised that additionally, the Administration is
investigating the construction and placement of appropriately sized
signage on the main thoroughfares leading to the high school
(Hershberger Road, Cove Road, Peters Creek Road, and Ferncliff Avenue),
which activity would be coordinated with the Superintendent's Office
and may require the approval of the Virginia Department of Highways and
Transportation.
(For full text, see report on file in the City Clerk's Office.)
With reference to some type of signage in the Airport Terminal
Building, the City Manager orally advised that the City does not have
unilateral authority to install such signage; however, he would bring
the matter to the attention of the members of the Roanoke Regional
Airport Con~nission, as well as the Executive Director of the Airport.
He stated that a general policy would have to be established inasmuch
as there may be future instances when this type of recognition will be
in order, and the rules will have to be uniform.
Mr. Bowers moved that Council concur in the report of the City
Manager. The motion was seconded by Mr. Garland and adopted.
466
ACTION:
REPORTS OF OFFICERS:
CITY F~NAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SPECIAL PERMITS-DOWNTOWN ROANOKE: The City Manager submitted a
written report advising that Downtown Roanoke, Inc., owns the holiday
decorations erected annually by City forces on City streets during the
holiday season; that downtown business interests and the City of
Roanoke last year initiated an effort to upgrade the holiday lighting
decorations along City streets, which is coordinated through Downtown
Roanoke, Inc.; and "Roanoke - The Starlight City" will again be the
theme carried out by the holiday decorations.
It was further advised that additional "Starburst" decorations
have been ordered by Downtown Roanoke, Inc., to be placed along the
following streets:
Williamson Road, S. E., from Campbell Avenue to Elm
Avenue.
Church Avenue, S. E., from Williamson Road to
Market Street.
Elm Avenue, S. E., fromWilliamson Road to
Jefferson Street.
It was explained that the City has been working with Downtown
Roanoke, Inc., during most of the year on several problems with regard
to mounting which have been resolved; and the City of Roanoke is again
expected to assist with the installation of holiday decorations this
year, particularly since they are to be placed, for the most part, on
City poles.
The City Manager recommended that Council grant permission to
Downtown Roanoke, Inc., to place holiday decorations on City owned
street light and traffic signal poles and to overhang City rights-of-
way from Appalachian Power Company street light poles in the Central
Business District, with appropriate insurance and indemnification for
the City from November 1, 1989, through January 13, 1990.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29823-11689) A RESOLUTION authorizing a revocable permit to
Downtown Roanoke, Inc., for the installation and maintenance of its
holiday decorations over and above City rights of way and upon certain
City light standards and other City facilities in the downtown area of
the City, from November 1, 1989, through January 13, lg90, upon certain
terms and conditions.
(For full text of Resolution, see Resolution Book No. 51, page 421.)
Mr. Trout moved the adoption of Resolution No. 29823-11689. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members B~ers, Garland, Trout and Mayor Taylor--4.
NAYS: None ........ ---O.
(Council Members Bowles, Fitzpatrick and Musser were absent.)
467
m
m
ACTION:
GRANTS-CITY MARKET: The City Manager submitted a written report
advising that the City currently has available in unexpended CDBG
budget funds, $3,296,846.00, for 45 community development projects plus
administration; that this amount represents the unexpended balance of
all CDBG funds awarded by the Department of itousing and Urban Develop-
ment (HUD) to the City of Roanoke; and the City expends an average of
$200,000.00 of the funds each month for projects and administration.
It was further advised that the potential exists for utilizing a
large portion of the temporarily idle funds for short-term financing of
community and economic development projects which are CDBG-eligible;
that funds advanced by HUD to the City can be loaned and secured by a
letter of credit ensuring the funds' availability for use on approved
projects; and interest charged by the City for use of the funds becomes
a source of additional program income to the City.
It was explained that Council approved a short-term, low-interest
CDBG loan, in the amount of $962,000.00, to Downtown Associates, pur-
suant to Ordinance No. 28850 on November 2, 1987, for the Market
Building; that the loan was for the purpose of promoting the creation
and retention of jobs in the City Market Building; that to date, 51
jobs have been retained and 21 new jobs have been created, for a total
of 72 jobs, and of the 55 jobs occupied in August 1989, 73% were held
by low to moderate income persons; and the City has received three per
cent three per cent interest per year for two years or $48,825.00 to
date, with an additional $7,215.00, and $1,680.00 to be paid on
November I and November 23, 1989, respectively.
The City Manager recommended that he be authorized to execute an
agreement between the City of Roanoke, Downtown Associates and Dominion
Bank National Association, extending to Downtown Associates, for the
purpose of re-financing the rehabilitation and redevelopment of the
City Market Building, a loan in the amount of $962,000.00, at three per
cent interest per year for a period not to exceed one additional year,
secured by a note, and an unconditional and irrevocable letter of cre-
dit issued by Dominion Bank, N. A., with the closing of the loan exten-
sion to occur prior to 5:00 p.m. on November 23, 1989.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29824) AN ORDINANCE authorizing the execution of Amendment
No. I to Short Term CDBG Float Loan Agreement, with Downtown Associates
and Dominion Bank, in order to provide for the extension of the term of
the loan, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book Ho. 51, page 425.)
The motion was seconded by Mr. Garland and adopted by t)le
following vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None- O.
(Council Members Bowles, Fitzpatrick and Musser were absent.)
The following Disclosure Declaration was filed in the City Clerk's
Office prior to 5:00 p.m., on Monday, November 6, lg89, by the
Honorable Noel C. Taylor, Mayor:
"1. I, Noel C. Taylor, am Mayor of the City of
Roanoke.
2. I am also a member of the Board of Directors
of Dominion Bank. I receive less than $10,000.00
annually in salary, other compensation and fringe
benefits from Dominion Bank.
468
3. On November 6, 1989, City Council authorized
the extension of a short-term Community Development
Block Grant Float Loan to Downtown Associates.
Dominion Bank has issued a letter of credit to
secure such obligation.
4. It is my understanding that I do not have a
"personal interest" in the contract between the
City, Downtown Associates and Dominion Bank.
Nonetheless, I publicly stated prior to the vote of
Council on November 6, 1989, that I was a director
of Dominion Bank, and that I would file a written
declaration with the City Clerk's Office concerning
this matter.
5. This declaration is being filed out of an
abundance of caution and upon the advice of the
City Attorney.
6. This declaration shall be filed by the City
Clerk among the permanent papers of the City and
shall be retained and made available for public
inspection for a period of five years from the date
of filing.
November 6, 1989
S/Noel C. Taylor
Noel C. Taylor
Mayor"
BUDGET-GRANTS-YOUTH-HUMAN RESOURCES/PUBLIC ASSISTANCE: The City
Manager submitted a written report advising that the Crisis Interven-
tion Center (Sanctuary) frequently operates with a waiting list for
services and does not have sufficient staff resources to provide crisis
intervention services to families in need; and there is presently no
staff time or position to provide outpatient and early intervention
services for diversion from court involvement or entry into a residen-
tial and out family placement.
It was further advised that the United States Department of Health
and Human Services' Runaway and Homeless Youth Program Grant, No.
03CY0269/01, in the amount of $44,753.00, has been awarded to the City
of Roanoke's Crisis Intervention Center (Sanctuary); that the grant
project period is for three years (September 1, 1989, through
August 31, 1992); that a City in-kind contribution of $4,475.00 will be
met by applying management time, clinical supervision, and office spa-
ce; that once accepted, the grant may be used for two staff positions
to augment client services to runaway and homeless youth; and the
Runaway and Homeless Youth Program Grant will be utilized as follows:
Two staff positions, an Outreach Counselor, Group
Home Counselor II, and a Social Work Aide, will be
established.
These staff will provide outreach services,
including individual and family counseling, group
counseling, structured recreational/educational
activities, and referral to existing services at
Sanctuary and elsewhere in the community.
The City Manager recommended that Council authorize the acceptance
of the United States Department of Health and Human Services' Runaway
and Homeless Youth Program Grant, No. 03CY0269/01; and authorize the
Director of Finance to appropriate $44,753.00 to accounts to be
established in the Grant Fund.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
469
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29825) AN ORDINANCE to amend and reordain certain sections of
the 1989-90 Grant Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 425.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None-- O.
(Council Members Bowles, Fitzpatrick and Musser were absent.)
Mr. Bowers offered the following Resolution:
(#29826-11689) A RESOLUTION authorizing the acceptance of a cer-
tain grant offer made to the City of Roanoke by the United States
Department of Heal th and Human Services under the provisions of the
Runaway and Homeless Youth Act (P.L. 98-473); and authorizing the exe-
cution of the City's acceptance of the aforesaid grant offer on behalf
of the City of Roanoke and the agreement, on behalf of the City, to
comply with the terms and conditions of the grant and applicable laws,
regulations and requirements of said Department pertaining thereto.
(For full text of Resolution, see Resolution Book No. 51, page 423.)
Mr. Bowers moved the adoption of Resolution No. 29826-11689. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None ...... O.
(Council Members Bowles, Fitzpatrick and Musser were absent.)
HOUSING: The City Manager submitted a written report advising
that the owner of Woodridge Apartments on Mountain View Terrace in
southwest Roanoke has requested the Virginia Housing Development
Authority (VNDA) to provide $1,200,000.00 in loans for refinancing and
renovation of 96 units; that the owner has also received a tentative
commitment of $417,000.00 in loans and grants from the Department of
Housing and Community Development (DHCD) to support the renovation;
that the condition of financing from the Virginia Housing Development
Authority and the Department of Housing and Community Development is
that at least 40 per cent and 38 of the units must be reserved for
occupancy by households with incomes not exceeding 60 per cent of the
area median income which is $18,600.00 for a family of three; and there
are currently 39 vacant units in Woodridge Apartments, of which five
are rentable.
It was further advised that the Virginia Housing Development
Authority has invited, as required by law, the City's formal endor-
sement of the request; that conversely, the City may, by resolution,
submit negative comments, if applicable; that the City is allowed 60
days to comment by formal resolution of Council (expiring on
November 13, 1989); and arrangements for financing from the Virginia
Housing Development Authority cannot be finalized until comments are
received, or the 60 day period has elapsed.
The City Manager recommended that Council endorse the request for
financing to be provided by the Virginia Housing Development Authority
for Woodridge Apartments.
(For full text, see report on file in the City Clerk's Office.)
470
ACTION:
ACTION:
Mr. Bowers offered the following Resolution:
(#29827-11689) A RESOLUTION endorsing tile request of the owners
of Woodridge Apartments on Mountain View Terrace in the City of
Roanoke, to the Virginia Housing Development Authority for financing of
renovation of 96 housing units, and approving certification of that
endorsement to the Virginia Housing Development Authority.
(For full text of Resolution, see Resolution ~took No. 51, page 423.)
Mr. Bowers moved the adoption of Resolution No. 29827-11689. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None ...............
Oe
(Council Members Bowles, Fitzpatrick and Musser were absent.)
HOUSING: The City Manager submitted a written report advising
that the owner of Brittany Apartments on Westside Boulevard in north-
west Roanoke has requested the Virginia Housing Development Authority
(VHDA) to provide $2,839,000.00 in loans for refinancing and renovation
of 300 housing units; and the owner has also received a tentative com-
mitment of $770,000.00 in loans and grants from the Department of
Housing and Community Development (DHCD) to support the renovation.
It was further advised that a condition of financing from the
Virginia Housing Development Authority and the Department of Housing
and Community Development is that at least 40 per cent of the units
(120) must be reserved for occupancy by households with incomes not
exceeding 60 per cent of the area median income, which is $18,600.00
for a family of three; and there are currently 141 vacant units in
Brittany Apartments, of which four are rentable.
It was explained that the Virginia Housing Development Authority
has invited, as required by law, the City's formal endorsement of the
request; that conversely, the City may, by resolution, submit negative
comments, if applicable; that the City is allowed 60 days (November 13,
1989) to comment by formal resolution of Council; and arrangements for
financing from the Virginia Housing Development Authority cannot be
finalized until comments are received, or the 60 day period has
elapsed.
The City Manager recommended that Council endorse the request for
financing to be provided by the Virginia Housing Development Authority
for the Brittany Apartments.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29828-11689) A RESOLUTION endorsing the request of the owners
of Brittany Apartments on Westside Boulevard, in the City of Roanoke,
for financing of renovation of 300 housing units, and approving cer-
tification of that endorsement to the Virginia Housing Development
Authority.
(For full text of Resolution, see Resolution Book No. 51, page 424.)
Mr. Bowers moved the adoption of Resolution No. 29828-11689. The
mOtion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None ........
(Council Members Bowles, Fitzpatrick and Musser were absent.)
CITY CODE-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that pretreatment programs protect publicly
owned treatment works from harmful industrial discharges; and the
Environmental Protection Agency (EPA) audited the City's previously EPA
approved pretreatment program and cited deficiencies resulting in an
administrative order requiring the City to take the following action:
471
Enact Interjurisdictional
(supplemental to the
Agreements.)
Pretreatment Agreements
1972 Interjurisdictional
Update the Valleywide industrial survey.
Assign proper industrial categorizations.
Develop technical based limits for pollutants.
Amend the City's wastewater code.
Develop and reissue industrial discharge permits.
It was further advised that mandated changes were required by the
Environmental Protection Agency, with the enforcement program sub-
sequently turned over to the Virginia Water Control Board on April 14,
1989; that City Code amendments are neccessary to comply with the
Environmental Protection Agency Administrative Order; that approval of
the changes are necessary to amend the City Code pursuant to the
request of the Environmental Protection Agency; and a fine of
$25,000.00 per day could result if compliance is not met.
It was explained that Interjurisdictional Pretreatment Agreements,
previously authorized by Council, were executed with Botetourt County
on February 17, 1989, Roanoke County on February 9, 1989, City of Salem
on February 9, 1989, and Town of Vinton on February 9, 1989; that an
Industrial Waste Survey was authorized by Council on May 22, 1989, and
completed in August 1989; that proposed amendments to the pretreatment
program have been submitted to the Virginia Water Control Board, and
the Environmental Protection Agency has requested comments prior to
October 13, 1989, however, final con~nents have not been received.
It was further explained that proper industrial categorization was
assigned and completed on September 28, 1989, as a part of the
Industrial Waste Survey; that new technically based local limits were
completed on September 8, 1989; that amendments to the City's
Wastewater Code dealing primarily with definition changes, enforcement,
right-of-entry, and permitting procedures which include a requirement
that permits be issued at a minimum of every five years, were
authorized by Council on June 26, 1989, and submitted to the Virginia
Water Control Board for approval; and the Virginia Water Control Board
wishes to consider the changes as a part of the complete pretreatment
program package submitted on October 2, 1989.
The City Manager advised that development of a new industrial
wastewater discharge permit form was submitted to the Environmental
Protection Agency on April 13, 1989, and the Virginia Water Control
Board wishes to consider the changes as a part of the complete
pretreatment program package submitted on October 2, 1989; that addi-
tional review of the proposed local limits was necessitated by recently
enacted regulatory changes; that finalization of the amendments to the
Sewer Use Standards local limits needs to be accomplished without
waiting on further comments by the Virginia Water Control Board in
order for Council to take action by the November 6, 1989, deadline; and
the Water Resources Committee was briefed o~ October 23, 1989, at which
time the committee concurred in a request that the final report of
recommendations be presented to Council in order to meet the
November 6, 1989, deadline.
The City Manager recommended that Council approve appropriate
changes in the City Code, and authorize changes in the pretreatment
program, thus complying with the audit of the Environmental Protection
Agency concerning the Sewer Use Standards.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
472
ACTION:
ACTION:
(#29829) AN ORDINANCE amending Article III, Sewer Use Standards,
of Chapter 26, Sewers and Sewage Disposal, of the lode ~o'f the City of
Roanoke (1979), as amended, by amending and reordaining §26-43,
Definitions, subsections (b) and (i) of §26-44, General requirements,
~26£45, Prohibited discharges generally, subsection (b) of '§26-46,
Discharge of heavy' metals and "toxic materials, subsection (a) of
~26-56, Disch'arge permits'for industrial' waste, and adding new subsec-
tions (~) and (d) ~o §26-66, Penalty for violations, of Article III,
Sewer Use Standards, of Chapter 26, Sewers and Sewage Disposal, such
code amendments and additions improving and increasin~ the Protection
program for the City's publicly owned treatment works.
(For full text of Ordinance, see Ordinance Book No. 51, page 426.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None--
.0.
(Council Members Bowles, Fitzpatrick and Musser were absent.)
SEWERS AND STORM DRAINS-EQUIPMENT: The City Manager submitted a
written report concurring in a report of a bid committee in connection
with pickup trucks for the Water Pollution Control Plant.
The bid committee recommended that Council accept the bid of
Dominion Car Company for two new pickup trucks for the Water Pollution
Control Plant, in the total amount of $23,142.50, and reject all other
bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29830) AN ORDINANCE providing for the purchase of two pickup
trucks for use by the City, upon certain terms and conditions, by
accepting a bid made to the City for furnishing and delivering such
equipment, and rejecting other bids made to the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 430.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Garland, Trout and Mayor Taylor .......... 3.
NAYS: None .........
(Council Members Bowles, Fitzpatrick and Musser were absent.) (Council
Member Bowers abstained from voting.)
CITY SHERIFF-EQUIPMENT: The City Manager submitted a written
report concurring in a report of a bid committee with regard to
leasing of automobiles for the Sheriff's Department.
The bid commmittee recon~r~nded that Council accept the bid sub-
mitted by Magic City Motor Corporation to lease two new automobiles for
the Sheriff's Department, for a period of 48 months, in the amount of
$412.78 per unit, per month.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29831) AN ORDINANCE providing for lease of two motor vehicles
for use by the Sheriff's Department, upon certain terms and conditions,
by accepting a bid made to the City for the lease of such vehicles.
(For full text of Ordinance, see Ordinance Book No. 51, page 430.)
473
ACTION:
ACTION:
ACTION:
vote:
The motion was seconded by Mr. Trout and adopted by the following
AYES: Council Members Garland, Trout and Mayor Taylor-- 3.
NAYS: None ............. O.
(Council Members Bowles, Fitzpatrick and Musser were absent.) (Council
Member Bowers abstained from voting.)
SEWERS AND STORM DRAINS: The City Manager submitted a written
report concurring in a report of a bid committee in connection with the
transportation of pickle liquor for use in the waste water treatment
process.
The bid committee recommended that Council accept the bid sub-
mitted by Montgomery Tank Lines to provide transportation of pickle
liquor from Yorkville, Ohio, to Roanoke, Virginia, for the period
November 1, 1989, to October 31, 1990, at a rate of 1.75 cwt on 48,000
pounds per load.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29832) AN ORDINANCE accepting the bid of Montgomery Tank Lines
made to the City for transportation of pickle liquor from Yorkville,
Ohio, to Roanoke, Virginia, for the period of November 1, 1989, to
October 31, 1990; and rejecting all other bids made to the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 431.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None-- O.
(Council Members Bowles, Fitzpatrick and Musser were absent.)
PUBLIC WORKS-SNOW REMOVAL: The City Manager submitted a written
report concurring in a report of a bid committee with regard to the
purchase of deicing salt to be used in the City's snow and ice removal
program.
The bid committee recommended that Council accept the bid sub-
mitted by Cargill, Inc., in the total amount of $43,090.00, to supply
the City with 1,000 tons, more or less, of deicing salt; and reject all
other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29833) AN ORDINANCE accepting a bid for furnishing deicing salt
to the City; and rejecting other bids.
(For full text of Ordinance, see Ordinance Book No. 51, page 431.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None .... O.
(Council Members Bowles, Fitzpatrick and Musser were absent.)
474
REPORTS OF COMMITTEES:
STREETS AND ALLEYS-SPECIAL PERMITS-DEEDS: Council Member
Robert A. Garland presented a written report on behalf of the Water
Resources Committee with regard to execution of a quit claim deed from
the City of Roanoke for a portion of vacated street right-of-way on
Troxell Street, S. E.
A staff report explained that the City purchased Garden City Park
property on April 5, 1949, which contained Lots 6 - 12, inclusive,
Block 1, J. W. Liptrap Map; that Garden City Baptist Church owned the
remainder of Block 1, Lots I - 5, inclusive; that the City and Garden
City Baptist Church exchanged a portion of the City's Lots 8 - 11,
inclusive, for the Church's Lot I and a 15 foot strip of street right-
of-way across Garden City Boulevard, S. E., frontage of Lots 2 - 5,
inclusive, owned by the Church; and the deeds exchanging the properties
were authorized pursuant to Ordinance No. 10378, adopted on February 6,
1950, and the Ordinance also authorized a 15 foot alley through Block 1
along the new property boundary.
It was further explained that Council, pursuant to Ordinance No.
20560, adopted on December 11, 1972, vacated unopened Moffett Avenue,
S.E., David Street, S. E., and the alley through Block 1, J. W.
Liptrap Map; that Council, pursuant to Ordinance No. 21484, adopted on
April 29, 1974, authorized the sale of the remainder of Block 1, J. W.
Liptrap Map, including the former alley through said Block I and por-
tions of land in previously closed Moffett Avenue and David Street,
S.E., to the Garden City Baptist Church; and Council, pursuant to
Ordinance No. 23822, adopted on September 26, 1977, at the request of
Garden City Baptist Church and K. D. M. Associates, closed Hillview
Avenue, S. E., which was comprised of Lots I and 12, Block 1, J. W.
Liptrap Map, from Garden City Boulevard to Troxell Street, S. E.
The staff report pointed out that Garden City Baptist Church and
K. D. M. Associates, by plat recorded on April 21, 1978, exchanged
vacated segments of the former Hillview Avenue, S. E., so that the
Church acquired ownership of the area of former Lot 1 facing Garden
City Boulevard and K. D. M. Associates acquired the area of former
Lot 12 facing Troxell Street, S. E.
It was noted that Melvin C. and Shirley Perdue, owners of Lot D,
Subdivision for K. D. M. Associates, which lot is comprised, for the
most part, of the easterly portion of vacated Hillview Avenue, S. E.,
formerly Lot 12, J. W. Liptrap Map, have requested that the City exe-
cute a quitclaim deed in their favor for the vacated portion of
Hillview Avenue, S. E., which is currently a portion of Lot D; that Mr.
and Mrs. Perdue are concerned that vacating, discontinuing and closing
the street right-of-way did not revert title to the adjoining land-
owners, but that said title remains with the City of Roanoke, the
former fee simple owner; and Mr. and Mrs. Perdue have suggested that
the Garden City Baptist Church may also be affected by this condition
as former City-owned Lot I is also located under a small part of the
portion of vacated Hillview Avenue acquired by the Church.
The Water Resources Committee recommended that Council authorize
tile Mayor to execute a quitclaim deed from the City prepared by the
requesting parties, in a form approved by the City Attorney for Lot 12,
Block 1, and Lot 1, Block 1, J. W. Liptrap Map, in favor of Melvin C.
and Shirley Perdue and the Garden City Baptist Church, in accordance
with conditions set forth in the staff report.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29834) AN ORDINANCE authorizing execution by the proper City
officials of certain quitclaim deeds in connection with the vacation of
street right-of-way located at Troxell Street, S. E., upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 432.)
475
ACTION: The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None ................
(Council Members Bowles, Fitzpatrick and Musser were absent.)
PARKS AND PLAYGROUNDS-CITY PROPERTY-DONATIONS: Council Member
Robert A. Garland presented a written report on behalf of the Water
Resources Committee with regard to execution of a quitclaim deed trans-
ferring ownership of a 16.804 acre tract of land on Shenandoah Avenue,
N. W., known as Veterans Park, identified as Official Tax No. 6010602,
to the Commonwealth of V~rginia for use as a Veterans' Care Center.
A staff report explained that the City, by deed dated June 25,
1980, took possession of the 16.804 acre parcel of surplus property
from the U. S. Department of the Interior; that Council, pursuant to
Resolution No. 25052, adopted on April 14, 1980, designated the parcel
"Veterans' Park" and authorized a monument to be erected in honor of
Lt. Col. Joseph A. Moses and other residents of the Roanoke Valley who
served in the Armed Forces of the United States; and the City, in July
1981, fenced the park at a cost of $21,549.00.
It was further explained that the City, in the fall of 1984, con-
sidered the proposal of the SPCA that it be granted the property to
be used for its animal shelter facilities, a nature park and bird sanc-
tuary, which proposal did not turn out to be feasible, due in large
part, to federal restrictions placed on its use when it was deeded to
the City; that Council, pursuant to Resolution No. 28952, adopted on
January 11, 1988, requested the United States Congress to remove the
restrictive covenants from the deed to the parcel of land in order to
permit the City to convey said land to the Commonwealth of Virginia for
use as the site for a veterans' home.
It was explained that the Roanoke County Board of Supervisors,
pursuant to Resolution No. 2988-7.g, offered its support of the City's
effort to have the federal restrictive covenants removed from the deed
to the property so that it might be used as the site for the veterans'
home; that the Commonwealth of Virginia appropriated $6,800,000.00 in
the 1989-90 state budget for the Dan Daniels Veterans' Care Center; and
the U. S. Congress, by Public Law 101-68, approved on August 1, 1989,
the removal by the Secretary of Interior of the restrictive covenants
on the deed for the property.
It was further explained that the U. S. Department of Veterans'
Affairs, in early October 1989, granted top priority status to Virginia
to receive $11,200,000.00 for the construction of the Dan Daniels
Veterans' Care Center; that Mr. Samuel M. Black, Director, Virginia
Department of Veteran's Affairs, by correspondence dated October 3,
1989, has requested the transfer of the 16.8 acre "Veterans' Park" pro-
perty to the Commonwealth of Virginia for use as the site for the
Dan Daniels Veterans' Care Center; and the Virginia Department of
Veterans' Affairs has a planning study nearing completion by Van Scoyoc
Associates of Alexandria, Virginia, Retirement Housing and Health Care
Consultants, in association with Sherertz, Franklin, Crawford, Shaffner
of Roanoke, Virginia, an achitectural firm.
The Water Resources Committee recon~r~nded that Council authorize
the preparation and execution of a quitclaim deed transferring
ownership of the 16.804 acre site on Shenandoah Avenue, N. W., known as
Veterans' Park, further identified as Official Tax No. 6010602, to the
Commonwealth of Virginia, and take appropriate action necessary to
remove the property from the public park system of the City. It was
further recommended that transfer of the property be conditioned upon
execution by the Secretary of Interior of such instruments as may be
necessary to remove restrictions that the property be used exclusively
for public parks or public recreation purposes in perpetuity.
(For full text, see reports on file in the City Clerk's Office.)
476
ACTION:
ACTION:
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29835) AN ORDINANCE authorizing transfer of the Veterans' Park
property from the City of Roanoke to the Commonwealth of Virginia upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 432.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None .......... O.
(Council Members Bowles, Fitzpatrick and Musser were absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
REGIONAL FORENSIC SCIENCE LABORATORY: Mr. Trout offered the
following resolution supporting the Virginia Department of General
Services, Division of Consolidated Laboratories, in its efforts to
build the new Regional Forensic Science Laboratot~ in the area:
(#29836-11689) A RESOLUTION supporting the proposed Western
Regional Forensic Science Laboratory.
(For full text of Resolution, see Resolution Book No. 51, page 424.)
Mr. Trout moved the adoption of Resolution No. 29836-11689. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None ....... O.
(Council Members Bowles, Fitzpatrick and Musser were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
TRAFFIC-STATE HIGHWAYS: Council Member Trout inquired as to a
projected timetable for construction of Peters Creek Road Extension;
whereupon, the City Manager advised that he had been working with the
Virginia Department of Transportation in an effort to establish a
program known as "conflict resolution" concerning the Peters Creek Road
area, and specifically the residents of the Deyerle Road neighborhood.
He explained that the State had agreed to provide funds for a person
trained, preferably outside of the Department of Transportation, in
"conflict resolution"; that City officials have attempted to contact
the newly installed officers of the Greater Deyerle Neighborhood
Association; that if approved by Council, he would proposed that the
"conflict resolution" process be completed within a 30 day time period;
and it would be his intention to submit a report and recommendation
regarding the Peters Creek Road Extension project to Council no later
than January 1, 1990. He advised that the concerns of the Deyerle Road
neighborhood need to be understood in detail and City staff will
endeavor, from a transportation engineering standpoint, to address
those concerns prtor to bringing a report and recommendation to Council
for approval.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:20 p.m., the Mayor declared the meeting in recess.
At 4:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Members Bowles, Fitzpatrick and Musser.
477
ACTION:
COUNCIL: Mr. Bowers moved, with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his knowledge that: (1) only public business matters lawfully exempted
from open meeting requirements under the Virginia Freedom of Informa-
tion Act and (2) only such public business matters as were identified
in any motion by which any Executive Session was convened were heard,
discussed or considered by City Council. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Garland, Trout and Mayor Taylor--4.
NAYS: None-
(Council Members Bowles, Fitzpatrick and Musser were absent.)
HOUSING: The Mayor advised that the four year term of Mr.
Ronald O. Crawford as a Commissioner of the City of Roanoke Redevelop-
ment and Housing Authority expired on August 31, 1989, and called for
nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Mr. Ronald O.
Craw ford.
There being no further nominations, Mr. Ronald O. Crawford was
reelected as a Commissioner of the City of Roanoke Redevelopment and
Housing Authority for a term of four years, ending August 31, 1993, by
the following vote:
ACTION: FOR MR. CRAWFORD: Council Members Bowers, Garland, Trout and Mayor
Taylor--- 4.
(Council Members Bowles, Fitzpatrick and Musser were absent.)
There being no further business, the Mayor declared the meeting'
adjourned at 4:20 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
478
SPECIAL MEETING ROANOKE CITY COUNCIL
November 13, 1989
5:30 p.m.
The Council of the City of Roanoke met in special meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 13, 1989, at 5:30 p.m., pursuant to
Section 10, Meetings of Council, of the Roanoke City Charter, with Mayor Noel C.
Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
(arrived during the Executive Session at 5:40 p.m.) and Mayor Noel C. Taylor--7.
ABSENT: None ........
.0.
OFFICERS PRESENT: W. Robert Herbert, City Manager, Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance' and Mary F. Parker,
City Clerk. '
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor referred to the following communication calling the spe-
cial meeting of Council:
"November 9, 1989
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the Roanoke
City Charter, I am calling a special meeting of the Council
of the City of Roanoke on Monday, November 13, 1989, at
5:30 p.m., in the City Council Chamber. The purpose of the
meeting will be to hold an Executive Session, pursuant to
Section 2.1-344 (A) (3), Code of Virginia (1950), as amended,
to discuss and consider the use of real property for public
purpose and the disposition of publicly held property, speci-
fically the use and disposition of such properties in connec-
tion with potential downtown development.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor"
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss and consider the use of real property for public
purpose and the disposition of publicly held property, specifically the
use and disposition of such properties in connection with potential
downtown development, pursuant to Section 2.1-344 (A) (3), Code of
Virginia (1950), as amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the request of the
City Manager to convene in Executive Session to discuss and consider
a matter regarding the use of real property for public purpose and the
disposition of publicly held property, specifically the use and dispo-
sition of such properties in connection with potential downtown deve-
lopment. The motion was seconded by Mr. Garland and adopted by the
following vote:
479
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser and Mayor Taylor ........... 6.
NAYS: None ..........................................
(Council Member Trout had not arrived.)
At 5:35 p.m., the Mayor declared the special meeting in recess.
At this point, 5:40 p.m., Mr. Trout entered the Executive Session.
The Mayor left the meeting during the Executive Session at
7:05 p.m.
At 7:10 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Fitzpatrick presiding, and all the Members of the Council in
attendance, with the exception of Mayor Taylor.
COUNCIL: Mr. Garland moved, with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act and (2) only such public business matters as were iden-
tified in any motion by which any Executive Session was convened were
heard, discussed or considered by City Council. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Fitzpatrick ...................... 6.
NAYS: None ...............................
(Mayor Taylor was absent.)
There being no further business, the Vice-Mayor declared the spe-
cial meeting adjourned at 7:15 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
48O
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
November 13, 1989
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 13, 1989, at 7:30 p.m., the regular
meeting hour, with Vice-Mayor Beverly T. Fitzpatrick, Jr., presiding, pursuant
to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the
City of Roan'°k~ '(1979), as amended.
PRESENT: Council Members Elizabeth T. Bowles, Robert A. Garland,
Howard E. Musser, James O. Trout, David A. Bowers and Vice-Mayor Beverly T.
Fitzpatrick, Jr. 6.
ABSENT: Mayor Noel C. Taylor ....
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker,
City C1 erk.
The meeting was opened with a prayer by The Reverend Frank W. Feather,
Pastor, Forest Park Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Fitzpatrick.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, November 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. and Mrs.
William D. Roe, Jr., that conditions proffered in conjunction with the
rezoning of two parcels of land located on Hawthorne Road, N. W., con-
taining 0.253 and 0.217 acre, described as Lots 4A and 5A, Airlee
Court, Official Tax Nos. 2190408 and 2190409, be amended, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
October 23, 1989 and Friday, November 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the amendment to the proffered condition is to permit the construc-
tion of a new duplex on Official Tax No. 2190409 to be constructed in
accordance with a revised rendering and site plan; and an existing
petition to rezone was approved by Council on June 12, 1989, subject to
the following proffered conditions, was before the body.
The exterior appearance of the proposed duplex on
Lot 5A fronting on Hawthorne Road, N. W., shall be
constructed to appear single family in character.
The proposed duplex on Lot 5A fronting on Hawthorne
Road, N. W., shall be constructed with either wood,
vinyl or aluminum siding and in substantial
compliance to the plans, and the elevation
drawings, as attached to the Planning Commission
report, subject to any changes required by the City
during site plan review.
If no building permit has been issued and no
construction commenced within three years from the
date of final zoning approval, the rezoning shall
revert to RS-3 without further notice by Council.
481
The City Planning Commission recommended that Council approve the
request for rezoning, advising that the proposed amendment addresses
several needs outlined in the comprehensive plan including the need to
provide a variety of housing choices in existing neighborhoods and to
encourage appropriate infill development that is sensitive to the
existing neighborhood environment; and the proffered conditions
restricting the exterior appearance of the structure and location of
off-street parking would continue to preserve the single family
character of the area.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29837) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 219, Sectional 1976
Zone Map, City of Roanoke, in order to amend certain conditions pre-
sently binding upon certain property previously conditionally rezoned
from RS-3, Residential Single Family District to RM-1, Residential
Multi-Family.
(For full text of Ordinance, see Ordinance Book No. 51, page 438.)
ACTION:
The motion was seconded by MC. Bowers.
The Vice-Mayor inquired if there were persons present who would
like to address Council with regard to the request for rezoning. There
being none, Ordinance No. 29837 was adopted on its first reading by the
following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ..... 6.
NAYS: None-- O.
(Mayor Taylor was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, November 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Roanoke Real
Exchange Corporation that a tract of land lying in Block 23, Lot 1,
Washington Heights, Official Tax No. 2761501, containing .15 acre, more
or less, located at 3834 Virginia Avenue, N. W., be rezoned from RS-3,
Residential Single Family, Medium Density District, to C-1, Office
District, subject to certain conditions proffered by the petitioner,
the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
October 27, 1989, and Friday, November 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning is to permit the expansion of an existing
structure for office development; and the original petition to rezone
was filed on May 18, 1989, subject to the following proffered con-
ditions, was before Council.
That the property will be developed in substantial
compliance with the site plan prepared by U. S.
Construction Co., dated May 5, 1989, a copy of
which is attached to the petition for rezoning,
subject to any changes required by the City during
site plan review.
482
ACTION:
That if no building permit has been issued and no
construction commenced within three years from the
date of final zoning approval, the zoning shall
revert to RS-3 without further action by Council.
It was further advised that an amended petition to rezone property
from RS-3 to C-1 was filed on October 11, 1989, subject to the
following proffered conditions by the petitioner:
That the property will be developed in substantial
compliance with the site plan prepared by U. S.
Construction Co., dated May 5, 1989, a copy of
which is attached to the petition for rezoning,
subject to any changes required by the City during
site plan review.
That if no building permit has been issued and no
construction commenced within three years from the
date of final zoning approval, the zoning shall
revert to RS-3 without further action by Council.
Proffer adjacent wood fence and agree to petition
for variance of same.
The City Planning Commission recommended that Council approve the
request for rezoning, advising that the existing office was an
appropriate use of the existing structure and would be compatible with
the surrounding neighborhood.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29838) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 276, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 439.)
The motion was seconded by Mr. Bowers.
Mr. Gene D. Lucas, Spokesman, appeared before Council in support
of the request.
The Vice-Mayor inquired if there were persons present who would
like to address Council with regard to the request for rezoning. There
being none, Ordinance No. 29838 was adopted on its first reading by the
following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick 6.
NAYS: None ....... O.
(Mayor Taylor was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, November 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of the National
Association of Letter Carriers, Branch 524, that a tract of land con-
taining 1.55 acre, abutting an industrial district, located at 1015
Georgia Avenue, N. E., described as Lots I - 8, inclusive, Block 6,
Fairmont, Official Tax No. 3060401, be rezoned from RM-1, Residential
Multi-Family, Low Density District, to C-1, Office District, subject to
certain conditions proffered by the petitioner, the matter was before
the body.
483
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
October 27, 1989, and Friday, November 3, 190g.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning is to permit the reuse of an existing
structure for permitted C-1 uses, including those uses requiring a spe-
cial exception as granted by the Board of Zoning Appeals; that a text
error caused the need for an amended petition, which was filed on
September 14, 1989, as an unconditional petition and the second amended
petition was filed on October 12, 1989, following the Planning
Commission public hearing, subject to the following proffered con-
ditions:
If the petitioners fail to obtain a special excep-
tion from the Board of Zoning Appeals of the City
of Roanoke to permit use of the property for a fra-
ternal organization within the meaning of Section
36.1-165(3), of the Code of the City of Roanoke
(1979), as amended, before June 1, 1990, then the
zoning classification will revert to RM-1.
The City Planning Commission recommended that Council approve the
request for rezoning, advising that the C-1 district provides good
transitional use and buffer between industrial and residential uses;
and any additional or further construction to the site would be subject
to further comprehensive site plan review, thereby guaranteeing preser-
vation of the neighborhood character.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29839) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 306, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 440.)
The motion was seconded by Mr. Garland.
Mr. Donald L. Wetherington, Attorney, appeared before Council in
support of the request of his client.
The Vice-Mayor inquired if there were persons present who would
like to address Council with regard to the request for rezoning. There
being none, Ordinance No. 29839 was adopted on its first reading by the
following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick .............. 6.
NAYS: None ........ O.
(Mayor Taylor was absent.)
STREETS AND ALLEYS-PARKS AND PLAYGROUNDS: Pursuant to Resolution
No. 25523 adopted by the Council on Monday, April 6, 1981, the City
Clerk having advertised a public hearing for Monday, November 13, 1989,
at 7:30 p.m., or as soon thereafter as the matter may be heard, on the
request of Ms. Melissa E. Kane and Mr. David D. Beidler that an alley
25 feet wide and approximately 656.75 feet long, alongside the western
border of property located at 929 Mountain View Terrace, S. W., along
the back property lines of property owners on the west side of said
alley, and leading from Mountain View Terrace to Norwich Park, be per-
manently vacated, discontinued and closed, the matter was before the
body.
484
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
October 27, 1989, and Friday~ November 3, 1'§~)~.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the public
right-of-way as requested for closure extends from Mountain View
Terrace, S. W., along the southwesterly boundary of the applicant's
property, described as Official Tax No. 1322109 and Norwich Park; that
the right-of-way was originally dedicated for public street use and is
identified on City maps as Cambridge Avenue, S. W.; and the right-of-
way is 25 feet wide and approximately 656.7 feet long, was before
Council.
It was further advised that pedestrian use of the right-of-way has
been established over a period of many years; that the City has pre-
pared and improved the right-of-way for public pedestrian use in past
years; that closure of the right-of-way was initially requested for the
purpose of eliminating the right-of-way as a point for trespassing upon
the property of the applicant at 929 Mountain Avenue, S. W.; and the
application cited the following as due concern for consideration of the
closure:
Constant trespassing upon the applicant's property.
Damage to adjacent plantings and landscaping.
That in the applicant's opinion, the right-of-way
has been used as a point of access for burglaries
that have occurred at their residence on three
occasions since 1986.
The City Planning Commission recommended that Council deny the
request to close and vacate the subject section of Cambridge Avenue;
and that the following action be taken in the disposition of the sub-
ject right-of-way:
That the subject Cambridge Avenue, S. W., in its
current classification as a public street and
right-of-way be discontinued as such, and that the
area therein be restored and improved to a standard
acceptable to the City Engineer for pedestrian use
and that said right-of-way be thereafter trans-
ferred and converted from its boundaries as a
public right-of-way, to be combined with, and
hereafter made a part of, the City's Norwich Park
recreational facilities.
That the City Manager be authorized to have pre-
pared and to execute and/or record any and all
necessary documents or plats to properly effect the
above-cited transfer.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29840) AN ORDINANCE permanently discontinuing a certain public
right-of-way as a public right-of-way and transferring the real pro-
perty formerly dedicated a public right-of-way to the control of the
Parks and Recreation Department of the City of Roanoke, as is more par-
ticularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 441.)
ACTION: The motion was seconded by Mr. Bowers.
485
The Vice-Mayor inquired if there were persons present who would
like to address Council with regard to the matter. There being none,
Ordinance No. 29840 was adopted on its first reading by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick- 5.
NAYS: Council Member Bowles
(Mayor Taylor was absent.)
HUNTER VIADUCT-STREETS AND ALLEYS-DOWNTOWN TOWER PROJECT: Pur-
suant to Resolution No. 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for
Monday, November 13, 1989, at 7:30 p.m., or as soon thereafter as the
matter may be heard, on the request of the City of Roanoke that the
segment of Hunter Viaduct as it currently extends from its intersection
with Jefferson Street and Salem Avenue, S. E., first in a northerly
direction from a position at existing ground elevation and thence con-
tinuing in an easterly direction in a position at, and above, the
existing overhead bridge at Williamson Road, S. E., be permanently
vacated, discontinued and closed to traffic, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
October 27, 1989, and Friday, November 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission reco~nending that Council
approve the request to close, discontinue and abandon the Hunter
Viaduct, contingent upon the provision that the ordinance providing for
the closure shall not become effective until the following conditions
have been met, was before the body.
That all alternative mitigating traffic measures
necessary to provide for sufficient and adequate
traffic access into, through and from the downtown
area be installed and approved by the City
Engineer, prior to the closure of the Hunter
Viaduct.
That final agreements executed between the City and
other interested parties providing for the
construction of the proposed office tower building
shall be approved and duly acknowledged by the City
Attorney, prior to the closure of the Hunter
Viaduct.
All conditions offered and agreed upon by the
applicant in the submitted application.
That if for any reason the above conditions are not
met and/or provided within a period of one year
from the date of the ordinance providing for the
closure, then said ordinance shall become null and
void with no further action being necessary by
Council.
(For full text, see report on file in the City Clerk's Office.)
The City Manager advised that in the spring of 1989, it became
apparent, in dealing with downtown development, that if the City was to
keep two of its largest employers, it needed to take a comprehensive
look at downtown similar to what was done with Design '79 and Design
'85; therefore, the City undertook a study known as Focus '89. He
pointed out that the goal of Focus 'Sg was to look into the 19gO's and
the 21st century in an effort to identify office sites for future down-
town development which is considered to be critical because of the
urban renewal program that the City undertook in the 1960's and middle
486
1970's. Also, along those lines, he stated that it was felt that it
was important to begin to take a comprehensive look at certain other
questions. With regard to the potential for a trade and convention
center, Mr. Herbert advised that it was felt that if there is going to
be ongoing downtown development, especially with the Civic Center
Commission's recommendations that the City proceed with the concept of
a trade and convention center, and knowing that most successful trade
and convention centers are in and around the downtown area, the Focus
'89 study included a search for potential sites for such a facility.
Further, he stated that a way needed to be found to tie in The Hotel
Roanoke and the General Office Building with the south side of downtown
or the traditional downtown.
Mr. Herbert pointed out that the future of The Hotel Roanoke is
uncertain and unless a way can be found to energize the hotel, the very
purpose for which it was built will erode in terms of those people who
use the facility and with Norfolk Southern having moved its headquar-
ters to Norfolk. He explained that Hotel Roanoke has to find a new
purpose and a new future in order to be successful, advising that the
question is much more basic and centers around whether there will be a
Hotel Roanoke in the 1990's and the 21st century and his goal is to
ensure that the answer to that question is yes.
The City Manager stated that another part of the Focus '89 study
was to specifically identify a traffic solution that would look to the
future in terms of downtown development and endeavor to put in place a
meaningful traffic pattern that would serve the City as it moves into
the 21st century.
Mr. Herbert further stated that the Focus '89 study was successful
in that it identified, for the first time, a number of new sites and
the question for the City was: would it make those sites available to
developers. Additionally, he pointed out that the traffic solution,
which is known as the inner loop system, with a new four lane bridge at
the eastern side of the proposed office tower going by the Times-World
building into the Gainsboro area and eventually tying in at the inter-
section of Wells Avenue and Williamson Road or straight through to
Orange Avenue, which is the Route 460 Connector to Route 581, was a
project that not only made sense, but was fundable by the Virginia
Department of Transportation. He added that the project is now
included in the City's Six Year Capital Improvements Program, and the
project is of such importance that for the first time in the history of
the City, the Virginia Department of Transportation released the pro-
ject to this local government, and the City has placed it on a fast
track for completion in approximately a 24 month time period.
With regard to The Hotel Roanoke and the Focus '89 Study, Mr.
Herbert stated that the Norfolk Southern Corporation generously gifted
the hotel which will close at the end of this month, to Virginia Tech.
He explained that based on development by the City in the south side of
downtown and the potential for a connector between downtown south and
downtown north, Virginia Tech accepted the gift and is presently
working toward development of the hotel, both for lodging for the
public, as well as the potential for a graduate center for continuing
education and a convention center which will bring new people to the
community.
The City Manager advised that Council was holding a public hearing
on an important matter for the future of this community. From his
perspective, he stated that it was his desire to set the tone as to his
reasons for requesting the closing of the Jefferson Street leg of the
Hunter Memorial Viaduct, and more importantly, he wanted to address the
short term mitigating measures that the City intends to put in place
and beyond so that Council and the public would fully understand what
is proposed which is the development of a new four lane highway system
to be known as the Second Street Connector to Orange Avenue and to
Route 460.
Mr. Thomas E. Flynn, representing Wilbur Smith Associates, Engi-
neers and Planners, appeared before Council and addressed the transpor-
tation planning findings set forth in the Focus '89 transportation
planning development study for the downtown area. He also addressed
such matters as past and existing conditions that set the framework for
487
the downtown area, the proposed long-range plan of the Second Street
downtown inner loop, focusing on how the Hunter Viaduct plays a part
in transportation today, and ultimately, the impact of removal of the
Viaduct, both initially and long term.
Mr. William F. Clark, Director of Public Works, appeared before
Council and advised that the Wilbur Smith study was done in connection
with the Focus '89 plan for downtown Roanoke, and the study concluded
that during afternoon peak hours, traffic conditions will operate at an
acceptable level of service throughout the downtown area; and the City
did not rely solely on this single expert opinion for its decision on
this most important traffic issue and employed the local firm of
Mattern and Craig, P. C., Consulting Engineers, to review and indepen-
dently evaluate the impact of removing the Jefferson Street leg of the
Viaduct. From the report of Mattern and Craig, he quoted the
following, "It is our opinion that the overall difference in travel
time will be minimal and insignificant." He stated that Norfolk
Southern hired the traffic engineering firm of Harland Barthalomew and
Associates to conduct their own independent analysis, and the firm
concluded that the level of service at critical intersections in down-
town would not be significantly effected by the removal of the Viaduct.
He stated that the Virginia Department of Transportation and the
Federal Highway Administration have an interest in the matter since
there are designated State and Federal routes which currently cross the
Viaduct. He further stated that the City was given assurance, by
telephone, this afternoon that Federal and State administrative agen-
cies have reviewed and are in support of the City's request to close
the Viaduct and re-route the effected highway segments; and the
Virginia Department of Transportation Con~nission is expected to vote
its approval on November 16, 1989.
Mr. Clark called attention to a stylized map indicating that there
are 12 principle ways into and out of downtown Roanoke. He stated that
while the Viaduct carries approximately 11,800 vehicles per day, this
represents less than ten per cent of the total traffic count on all of
the major streets into and out of downtown Roanoke. He further stated
that the City is interested in and concerned about traffic movement and
submitted that there is a large percentage of people who work or have
businesses in downtown Roanoke that will not be effected by the closing
of the Viaduct. He explained that the City Administration has deve-
loped several proposed changes in the downtown traffic circulation
system in an effort to mitigate, as much as possible, the impact of
removing the Viaduct; that with the assistance of Downtown Roanoke,
Inc., a series of seven public meetings were held in the downtown area
to present this information and 10,000 brochures were distributed to
people who work and do business in downtown. He added that a conscien-
tious effort has been made to insure that the removal of the Jefferson
Street leg of the Viaduct, when authorized, does not come as a surprise
to anyone.
Mr. Clark then reviewed the proposed mitigating measures, advising
that people will experiment in order to find the best possible alter-
nate route in and out of downtown. He stated that when it is known
that the Viaduct will definitely come down, there will be advance war-
nings and signs will be posted on Williamson Road and Jefferson Street
that will contain a clear message to the public that the Viaduct is due
to be closed, along with the date so that all citizens will have a spe-
cific understanding of when this action is due to occur.
The Director of Public Works referred to the segment of First
Street, S. W., between Campbell Avenue and Salem Avenue, advising that
it is currently one way southbound, and the only way to get onto the
First Street Bridge is to take the loop around Jefferson Street, Salem
Avenue and then make a right turn onto the bridge. He stated that the
City plans to turn this block of First Street, S. W., into two-way
traffic, which will have material benefits to motorists coming down
Campbell Avenue from the west, whereby they will be able to turn left
and go across the First Street Bridge, and leave downtown without being
forced to turn into the City Market area which would otherwise occur.
Moving one block further to the east, he stated that currently there is
a one-way street on Jefferson Street between Norfolk and Salem Avenues
which force motorists coming northbound on Jefferson Street to make a
left onto Salem Avenue, advising that once the Viaduct is removed, this
488
block could be turned into two way traffic, thus motorists northbound
on Jefferson Street could continue to Norfolk Avenue and make a right
turn, going under the Viaduct, and head to southeast Roanoke if, in
fact, that is their destination. He pointed out that two blocks
further to the east, to the corner of Campbell Avenue and Williamson
Road, because of parking on the north side of Campbell Avenue, west of
Williamson Road, currently there is only one left turn lane, and the
City plans to post this area for "no parking" during the afternoon rush
hours, between 3:00 and 6:00 p.m., and thus, there will be two left
turn lanes coming out of Campbell Avenue northbound onto Williamson
Road which will be particularly beneficial during the 5:00 p.m., rush
hour. He advised that it has been suggested that the City look at the
south side of Campbell Avenue and try to create a continuous right turn
lane at this location if it can be accommodated with Valley Metro buses
that have to make a tight turn.
Mr. Clark explained that there is a need to cut off approximately
six feet of the median which is currently in the middle of Williamson
Road, just north of Campbell Avenue, to facilitate a dual left turn
movement. He stated that there is currently a traffic signal and a
median break on Williamson Road at Salem Avenue and by closing the
median crossover and removing the light, two uninterrupted lanes of
traffic, northbound, on Wi)liamson Road could be continued in order to
facilitate traffic movement out of Campbell Avenue. He added that this
also has the benefit, in the morning rush hours, of allowing southbound
traffic on Williamson Road to continue uninterrupted, with a right turn
onto Salem Avenue since motorists will not have to stop for vehicles
turning left. He stated that it will be possible to remove two traffic
lights on Williamson Road; viz: one at Salem Avenue and one at the top
of the Viaduct, thus expediting the flow of traffic on Williamson Road.
He added that the City will continue to monitor the situation as traf-
fic demand justifies, making changes in the signal system with signs
and whatever action is deemed necessary in order to minimize the demand
on traffic flow.
Mr. Michael M. Waldvogel, Chairman, City Planning Commission,
appeared before Council and advised that the City's application for
closure of the Hunter Viaduct was reviewed by the Planning Commission
at its October 4, 1989, meeting at which time the Planning Commission
voted approval of the request by a 5 - 0 vote, with Mr. Bradshaw and
Mrs. Goode being absent. He stated that no public opposition was pre-
sented at the meeting; that the Planning Commission felt that removal
of the Jefferson Street leg of the Viaduct and the proposed development
on the site was consistent with the City's adopted Comprehensive Plan
and with the plans for downtown which have been developed over the past
ten years, being Design '7g, Design '85 and Focus '89. He explained
that the City Planning Commission also felt that the proposed traffic
measures, both during the construction period and those that would be
involved with completion of the inner loop, would adequately serve the
traffic needs in the downtown area.
Following questions and comments by the Members of Council, the
following persons made presentations.
Mr. Lane F. Stanley, 2607 Bowman Street, N. W., advised that his
purpose in appearing before Council was due to a serious problem about
to be imposed on the Williamson Road community. He stated that there
are several locations where the proposed office tower could be
constructed in lieu of the site presently under consideration; and
called attention to the traffic congestion that already exists at the
intersection of Jefferson Street and Campbell Avenue at $:00 p.m.,
advising that there are instances when motorists have to wait between
five and six traffic signal changes in order to proceed north on
Campbell Avenue. He stated that there will be chaos if the Viaduct is
removed and if it has to be removed, such action should not be taken
until alternative routes are in place. He called attention to recent
increases in property assessments, advising that along with the
increase, citizens in the Williamson Road area are being treated like
"step children". He further stated that the Viaduct matter will be
long remembered by the citizens on Election Day.
489
!!
Mr. Robert E. Zimmerman, owner of a business on Salem Avenue,
S.W., advised that the City has not looked at the possibility of
locating the proposed office tower at other locations in downtown
Roanoke. He stated that the proposed building could be moved up 1000
feet behind the bus terminal where there is ample space, a parking
garage, nothing would have to be torn down, leave the Viaduct in place,
construct the new building and build the alternate route around it. He
further stated that the City should have more concern for small busi-
ness as opposed to big business inasmuch as small business makes up 70
per cent of the citizens who work.
Mr. Ted H. Key, Executive Director, Williamson Road Area Business
Association, advised that some months ago, the Association adopted a
resolution in favor of the recommendations containeo in the Focus '89
study. He stated that when it comes to ~h¢ uomplexity o~ street relo-
cation, tearing down the Viaduct and construction of buildings, his
trust has to be in the en~iineering, understanding and knowledge of
Council to do the right thing. He pointed out that the Williamson
Road Area Business Association is in favor of removal of the Jefferson
Street leg of the Hunter Memorial Viaduct.
Mr. Robert B. Sears, 2818 Avenel Avenue, S. W., advised that if
members of Council vote to remove the Jefferson Street leg of the
Viaduct, they will regret their decision because it will cause a great
deal of inconvenience to many people for as much as a year. He stated
that some of these same people will develop a certain amount of resent-
ment when and if they are involved in congested traffic conditions, and
will take their frustrations out on Council Members in the voting
booth. He suggested that Council, on an experimental basis, tem-
porarily close the Viaduct for two weeks to observe the traffic
situation prior to taking any final action. He addressed the matter of
solid waste disposal which is one of the §rarest problems facing the
Roanoke Valley today, advising that some of the talent, imagination and
work of the movers and shakers of this City should be diverted to the
matter of finding a solution to the waste problem rather than con-
centrating on super development. He referred to the Explore Project,
as well as the proposed road to Blacksburg, which are costly projects
in terms of taxes and damage to the land, and suggested that the brakes
need to be applied or the Roanoke Valley could end up with mountain to
mountain paved parking lots interspersed with condominiums, apartments
and shopping malls.
Mr. James B. Stump, 4943 Hazelridge Road, N. W., expressed support
for closing of the Viaduct for several weeks on an experimental basis.
He stated that closure of the Jefferson Street leg of the Viaduct
should have been presented to the citizens for a vote. Re spoke in
support of Mr. Bowers' suggestion which was contained in a recent
newspaper article relative to another location for the proposed office
tower. He stated that he was of the opinion that he was fired from his
job at a local publishing company because he had spoken out against the
removal of the Viaduct.
Mr. Hoskins Slaughter, advised that The Hotel Roanoke is a "crown
jewel" and represents Roanoke's "castle on the hill". He stated that
if the Jefferson Street leg of the Viaduct is removed, no tourist will
ever see Hotel Roanoke again from the southern view which is the best
view. He further stated that it was out of taste to put two contrast-
ing buildings together, advising that his purpose for addressing
Council was to protect The Hotel Roanoke and the Viaduct, and spoke in
favor of building a bridge over Jefferson Street to the hotel. He
explained that Council has the power to save a nationally famous hotel
and will be long remembered by future generations for doing so;
however, if Council fails the people and the City in this respect, it
will be remembered as the Council that wiped out the City's logo and
obliterated the City's heritage. He noted that if the people in
Germany are tearing down the Berlin Wall on this same night, we, in a
protective civilization, are erecting a wall to block out a nationally
known landmark. He stated that money is not everything and asked that
Council put money aside and think about what is best for the City of
Roanoke.
490
Mr. F. Edwin Harris, 3449 Woodland Hills Lane, S. W., President
of Downtown Roanoke, Inc., advised that Downtown Roanoke, Inc., sup-
ports the removal of the Jefferson Street leg of the Viaduct and also
supports the office tower concept. He stated that it is recognized
that there will be short term inconveniences, but it is felt that long
term benefits far outweigh such inconveniences.
Ms. Virginia W. Phillips, 1830 Grandin Road, S. W., inquired if
the Henry Street Bridge will remain in its present condition for an
indefinite period of time; whereupon, the City Manager advised that the
bridge will need to be, of necessity, razed in order to work with
Norfolk Southern to handle rail traffic. He stated that it is proposed
to shift over to the Second Street grade crossing, and construct a four
lane bridge with a Second Street bridge connector above the grade. Ms.
Phillips also inquired about constructing the proposed office tower on
the Thomas Rutherfoord site which would have the effect of leaving the
Viaduct in place and not obscure the view of The Hotel Roanoke, and
asked for the input of City officials with regard to constructing the
proposed office tower at the corner of Salem Avenue and Jefferson
Street. The City Manager advised that there was nothing new about that
particular site being available; however, a developer had not come
forth. He stated that he was concerned that there will be a Hotel
Roanoke in the future and further stated that Council and this City
Government must step forward and put in place a master plan that will
give developers the confidence to make major investments in that par-
ticular facility. He added that The Hotel Roanoke is as much a part of
Roanoke as the Star on Mill Mountain, and a part of the City's overall
effort should be to give confidence to the new owners of the hotel and
eventually to whomever may develop the hotel, that they can invest
their money because the hotel will remain in place. He stated that he
was in serious doubt that the hotel will remain in any long term
fashion without the kind of investment that is presently under
discussion. With regard to Ms. Phillips' specific qLlestion, he assured
her that the City had looked at the Thomas Rutherfoord site; that the
site is known to other developers and not a single developer has shown
the first interest in the property because of the position of the City
Market and the Market Building, as well as The Hotel Roanoke. He
reiterated that this community must understand that it is a very real
possibility that if The Hotel Roanoke does not move forward, the City
is in jeopardy, in the long term, of not having that important histori-
cal landmark.
Ms. Virginia L. Decker, 1005 2nd Street, S. W., inquired about how
motorists coming from southeast and south Roanoke will be able to turn
at Salem Avenue in order to enter the new parking garage; whereupon,
the Vice-Mayor advised that Jefferson Street would become two way north
of Salem Avenue in that short block between Milan Brothers and the
pedestrian crossing, that motorists would go straight across the Salem
Avenue intersection, make a right turn, proceed down Norfolk Avenue and
enter the parking garage. Ms. Decker advised that she has traveled
the Viaduct many days at 5:00 p.m., in bumper to bumper traffic, and
inquired as to how all of the traffic will be taken care of, espe-
cially when it gets to Elm Avenue and Williamson Road proceeding in a
southeast direction.
Mr. Richard Walters, owner of Books, Strings and Things on the
City Market, advised that he was strongly in favor of removal of the
Jefferson Street leg of the Viaduct. He pointed out that it is impor-
tant not to let passion overrule reason; that it may be an unpopular
decision, however, it is clearly the correct one.
Mr. Thom Robinson, Executive Vice President, Roanoke Regional
Chamber of Contmerce, advised that as an economic development spe-
cialist, he wished to speak on behalf of the proposed office tower pro-
ject. He further advised that he was excited about the prospect of two
new high rise office buildings in the central business district. He
stated that this project would add to the City's expanding economic tax
base; that due to the vision and courage of the present Council, as
well as former Councils, the City has a new airport terminal that posi-
tions this region as a rising star in terms of progressive, exciting
places to be. He further stated that added to the airport terminal,
the proposed new office building, the rejuvenated Hotel Roanoke,
Community Hospital's new doctor's office complex, $66 million of new
construction at the Veterans' Administration Medical Center, a new 200
491
I!
room Radisson Itotel on Route 419, the new Tweeds building, plus other
commercial and industrial prospects, calls attention to the beginning
of a boom period that will come close to a quarter of a billion dollars
in capital investment over the next five to seven years which will be
invaluable in terms of new tax dollars and economic prosperity in this
region. He advised that the City and region are poised to move forward
on this extremely important project; that opportunities such as this
project are rarely presented and when they are, the windows of oppor-
tunity do not remain open for very long. He urged that Council vote in
favor of removal of the Jefferson Street leg of the Viaduct in order to
support the project one hundred per cent, advising that change is never
easy to contend with, but Council's position as leaders demands that it
accept and contend with change; that Council must guide or it will be
guided sometimes in a manner with adverse consequences; and Council has
an opportunity and a challenge to do what is right for the area. He
explained that the project is a good one in many ways, but more impor-
tantly, it sends a signal as to the progressive leadership that will
take the City of Roanoke into the 21st century.
Mr. J. H. Johnson, 1103 Overland Road, S. W., inquired as to
whether or not the Viaduct would be removed at the expense of the tax-
payers; whereupon, the City Manager advised that the parcel of land
currently under consideration produces $2,500.00 per year to the City
of Roanoke in real estate taxes. Under Phase I development, he stated
that in the first year, when the project is in place, it should produce
in the vicinity of $275,000.00, alone, in real estate investment which
will in the first year more than pay for the cost associated with remo-
val of the Viaduct. Longer term, Mr. Herbert advised that the develop-
ment, ultimately, has the potential of producing $1,250,000.00.
Mr. Johnson referred to a concept of placing the proposed office
tower in the middle of Jefferson Street between Salem Avenue and the
railroad tracks, installation of a walk through with escalator, and a
bridge to The Hotel Roanoke which would have the effect of moving the
proposed office tower away from the Viaduct entrance, thus saving the
Jefferson Street leg of the Hunter Viaduct. He stated that he was
opposed to the removal of the Viaduct unless the City's engineers could
prove that it is absolutely necessary.
Ms. Lelia Albright, 4775 Lake Back-O-Beyond Drive, advised that
the City Manager had stated the importance of rejuvenating The Hotel
Roanoke, yet he insists on hiding it. She pointed out that there has
been no input from the Route 460, Bonsack, and Blue Ridge, etc., area.
She stated that the traffic flow from that section is already
congested, but if the proposed project becomes a reality, no one has
addressed the traffic situation as it relates to the motorists of this
particularly fast growing area.
Mr. John M. Guzi, 1816 Westover Avenue, S. W., advised that he saw
downtown Roanoke die when the first shopping center was built. He
stated that he did not think it was a good idea to remove the Jefferson
Street leg of the Viaduct, advising that if the proposed office tower
must be built, why not build it over the Viaduct. He expressed concern
over the small businesses located in downtown and asked if they will be
able to survive because of the traffic situation. He added that if the
building were constructed over the Viaduct, motorists coming into the
heart of downtown Roanoke would behold a beautiful site of not only the
office tower, but The Hotel Roanoke.
Ms. Anne Armistead, 2917 Carolina Avenue, S. W., inquired about
what will happen to the City Market area under the proposed traffic
rerouting scenario. She also inquired about the estimated construction
time and stated that it was important to know how many vehicles travel
through the market area, and whether or not the market area would be
seriously impacted.
Ms. Nona R. Strange, 427 Highland Avenue, S. W., advised that her
favorite place in the City is the side entrance at Center in the Square
where one has a clear view of The Hotel Roanoke. She stated that she
was not against the proposed office tower or tearing down the Viaduct
because a trade and convention center between downtown and the hotel is
492
needed, but the City Market is a very important aspect of downtown.
She advised that she had looked forward to a time when the City Market
area could be closed to traffic so that the exhaust fumes would be
taken away from the produce and flowers, etc.; therefore, adding any
additional traffic would be a negative step.
Ms. Margie Barry, 502 Auto Bond Road advised that her concern was
of a housekeeping nature and inquired if anyone knew which landfill
would be used for disposal of debris from removal of the Viaduct. She
stated that the issue of the environment should be addressed as a part
of the long term effects; whereupon, the City Manager advised that the
contractor's bid included the removal and disposal of the debris;
however, he did not know the exact location of the disposal.
There being no other citizen who wished to address Council, the
Vice-Mayor expressed appreciation to all citizens who had stated their
views on the Viaduct matter, advising that Council welcomed their input
prior to making a decision.
At 9:55 p.m,, the Vice-Mayor declared the meeting in recess.
At 10:05 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Fitzpatrick presiding, and all Members of the Council in
attendance, with the exception of Mayor Taylor.
The following Disclosure Declaration was filed in the City Clerk's
Office prior to 5:00 p.m., on Tuesday, November 14, 1989, by the
Honorable Beverly T. Fitzpatrick, Jr., Vice-Mayor:
"1. I, Beverly T. Fitzpatrick, Jr., am Vice-Mayor
of the City of Roanoke. I am also an employee of
Dominion Bankshares.
2. This disclosure relates to a public hearing
held by City Council on November 13, 1989, at which
the issue was closure of the Hunter Viaduct. Such
closure may facilitate the construction of a pri-
vate office building in which Dominion Bankshares
may lease office space.
3. I am able to participate in this transaction
fairly, objectively and in the public interest.
4. I understand, however, that, based on the
foregoing facts, a business group of which I am a
member may be perceived to be affected by my par-
ticipation in this public hearing.
5. Although I have been advised that the closure
of Hunter Viaduct is an issue that affects the
public generally, this declaration is, neverthe-
less, being filed out of an abundance of caution
and upon the advice of the City Attorney.
6, This declaration shall be filed by the City
61erk among the permanent papers of the City on or
before the close of business on November 14, 1989,
and shall be retained and made available for public
inspection for a period of five (5) years from the
date of filing.
November 14, 1989
S/Beverly T. Fitzpatrick, Jr.
Beverly T. Fitzpatrick, Jr.
Vice-Mayor"
493
il
ACTION:
ACTION:
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form or forms listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately.
MINUTES: Minutes of the regular meetings of Council held on
Monday, June 5, 1989; Monday, June 12, 1989; Monday, June 19, 1989; and
Monday, June 26, 1989, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............................................... 6.
NAYS: None ..................................................... O.
(Mayor Taylor was absent.)
SCHOOLS-COUNCIL: A communication from Council Member David A.
Bowers recommending the formulation of a "visitation school" to help
divorced parents learn how to deal with the problems of coordinating
visitation with their children, was before the body.
Mr. Bowers advised that he recently read a news story about one
City where a "visitation school" was established in order to help
parents going through difficult times and divorce learn how to deal
with the problems of coordinating visitation between the children and
the non-custodial parent; and from his own experience as a general
practitioner, there is sometimes great conflict in setting up a reaso-
nable system of visitation between the parents and the children which
causes added conflict, anger and discontent among young people as well
as parents.
Mr. Bowers requested that the City administration, through the
Director of Social Services, consider the formulation of a "visitation
school" to help those persons who might need to have counseling and
learn self-help techniques in dealing with visitation crises, advising
that the project should be contemplated with the assistance and advice
of the Judges of the Circuit Court and the Juvenile and Domestic
Relations District Court, as well as the Family Law Section of the
Roanoke Bar Association and other groups in the Roanoke Valley involved
with family law issues. He stated that he envisioned the visitation
school as a system whereby persons having problems could be directed to
a counseling seminar where they could express themselves and learn from
others about how to deal with their estranged partners in helping to
make the tragedy of divorce less onerous on their children.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be referred to the City
Manager for study, report and recommendation to Council within 120
days. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick 6.
NAYS: None ....... O.
(Mayor Taylor was absent.)
BUILDING DEPARTMENT: A report of qualification of Mr. Paul V.
Childress, Jr., as a member of the Board of Adjustments and Appeals,
Building Code, for a term of five years ending September 30, 1994, was
before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
494
ACTION:
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
foll owin9 vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fi tzpatrick--- 6.
NAYS: None ..................
(Mayor Taylor was absent.
-0.
PENSIONS: A report of qualification of Mr. Thomas L. Robertson as
a member of the Board of Trustees, City of Roanoke Pension Plan, for a
term of four years, ending June 30, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick 6.
NAYS: None ...............
(Mayor Taylor was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
AIRPORT: Mr. Michael M. Cary, representing Thrifty Car Rental,
with offices located in the Comfort Inn, 3695 Thirlane Road, N. W.,
appeared before Council and advised that he is a Roanoker by choice.
He stated that his purpose for appearing before Council was to apprise
the Members of Council of a problem that could cause the failure of his
automobile rental business. He advised that he had attempted to speak
with each member of the Roanoke Regional Airport Commission and was
provided with the opportunity to talk with Mr. Kit B. Kiser, Director
of Utilities and Operations, Mr. Robert C. Poole, Airport Manager, and
Ms. Jacqueline Shuck, Airport Director. He stated that the Airport
Commission proposes to levy an eight per cent gross receipts tax on off
airport car rental companies for the right to use public airport roads;
however, no such action is proposed for similar users such as hotel
courtesy vans or taxi cabs which function at the airport in a fashion
identical to his.
Mr. Cary advised that proposed ground transportation documents
state that a study was performed which revealed that off site car ren-
tal companies currently enjoy a competitive advantage in that they do
not pay the airport ten per cent of their gross revenue, which poses a
threat to the on airport operators. He explained that Mr. Poole
advised him that this study consisted of airport staff simply counting
the number of times that the Thrifty Car Rental shuttle van passed
through the airport. He pointed out that what a study of this nature
would fail to reveal is that his landlord, the Comfort Inn, also uses a
van to shuttle its guests to and from the airport and it should also be
noted that the hotel has 140 rooms and rents from five to fifteen
vehicles in a given time to airport customers. He added that last
year, the on airport car rental companies did $5 million in business,
while by his best estimate, his company might have done $40,000.00 in
airport business, advising that Thrifty and other small off airport
operators are likely to do an aggregate of less than four per cent of
market share at the airport. He asked how his business could possibly
pose a threat to the on airport car operators.
Mr. Cary pointed out that there presently exists a bank, a
restaurant, a video game room, a shoe shine stand and a travel agency
at the airport, and asked if the consumer and every like business in
Roanoke should pay an eight per cent gross receipts tax as long as the
consumer arrived at Roanoke Regional Airport. He stated that he had
previously informed an Airport Commission member and the Airport
Manager that the proposed eight per cent fee would cause his business
ACTION:
ACTION:
495
to fail, but that provided with the opportunity to be located on the
airport and compete equally, he had a fair chance of survival. He
explained that he had invested his life savings in his business,
advising that he was facing an unfair, unreasonable and discriminating
proposal, and he felt callous disregard as to the way individuals are
treated in government. He added that he wanted to believe that the
airport's position on this matter is well intentional, but perhaps
misinformed, that the City's invitation to business to locate in
Roanoke is heartfelt and that City Government will work to see that
small businesses, like his, are given a fair chance to succeed.
The City Manager advised that this was an issue facing airport
commissions across the United States. He stated that the Roanoke
Regional Airport Commission staff was authorized to research the matter
and, in conjunction with general counsel, submit a recommendation to
the Airport Commission. He advised that the matter is a very serious
issue which will take a great deal of study inasmuch as there may be
considerable litigation across the United States and there is a move-
ment in Congress to enter a bill that could reverse this opinion. He
stated that it is an ongoing matter of consideration for the Airport
Commission, however, the proper forum to deal with the matter is at the
Airport Commission level; that the Commission is not in a position to
take any kind of immediate or short term action; and the Commission
will give all affected parties a~ opportunity to comment and to be
heard on the matter if a formal proposal is submitted.
In view of Mr. Herbert's remarks, Mr. Garland moved that the
matter be referred to the Roanoke Regional Airport Commission for
further study and consideration. The motion was seconded by Mrs.
Bowles.
Mr. Charles Linenfelser, Building No. 2, Roanoke Regional Airport,
appeared before Council and advised that Mr. Cary is facing the same
plight that he faced several years ago in his efforts to secure a place
of business at the airport. He stated that something has to be done
about the Airport Commission because the members are operating the air-
port with abandonment of the personal values of people who come before
them who have their livelihoods at stake. He questioned why there are
only four car rental spaces in the airport terminal which gives the
appearance of having created a monopoly. He commented that the Airport
Commission has to be answerable to someone; that Council appointed the
City's representatives and asked that Council carefully consider future
appointments to the Airport Commission. He expressed the opinion that
the Commission is mis-using its power and that Mr. Cary should have a
place to operate his business at the airport.
Following discussion, the motion offered by Mr. Garland, seconded
by Mrs. Bowles to refer the matter to the Roanoke Regional Airport
Commission for further study and consideration was adopted.
It being two minutes past the 11:00 p.m., automatic adjournment
time for evening meetings of the City Council, Mr. Bowers moved that
the Council meeting be extended beyond 11:00 p.m., curfew to enable
completion of the agenda items. The motion was seconded by Mr. Trout
and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............................................... 6.
NAYS: None ................. O.
(Mayor Taylor was absent.)
Mr. Patrick A. Cosmato, 5219 Burnt Quarter Drive, Vinton,
Virginia, invited the Members of Council to see the video tapes of
Roanoke Regional Airport Commission meetings in order to view the
actions of its three representatives. He stated that people are given
"lip service" at Commission meetings, but seldom are they given much in
the way of respect as far as issues involving the airport. He called
attention to harrassment of private individuals, threats on his busi-
ness, and questionable bid practices, etc. He stated that he had heard
the airport management publicly state that certain individuals are not
wanted at Airport Commission meetings; that he had observed the Airport
496
ACTION:
Commission pass laws that were specifically aimed at keeping Mr.
Linenfelser out of business; and the only time he had seen the Airport
Commission do something positive for aviation was when it was forced to
do so by the Federal Aviation Administration. He stated that Mr. Cary
came to Roanoke by choice and invested in the community and it would be
a shame to put him or anyone else through the same kind of situation
that Mr. Linenfelser went through, advising that for a City that tells
its citizens it is searching for new businesses and sends out delega-
tions to locate new businesses, it seems counter-productive not to do
all it can to help a small businessman like Mr. Cary. He stated that
it is time for the Airport Commission to be held accountable for its
actions and it must be held accountable to Council because Roanoke City
Council appoints representatives to the Commission.
Mr. Cosmato advised that certain good things have happened at the
Airport; that tile City has a beautiful new terminal and the Commission
has to receive credit for that; that the Airport has a new Executive
Director and all indications are that she is a breath of fresh air;
however, he asked that the Airport be opened to free enterprise; that
Mr. Cary be given a place to work and ply his trade and that anyone
else who wants to provide services at the Airport be given a fair
opportunity to do so.
STATE HIGHWAYS-TRAFFIC: Fir. Jack L. Hartman, President, Northwest
Revitalization Group, appeared before Council and advised that his main
objective in appearing before Council was to inquire as to the proposed
date for construction of the Peters Creek Road Extension. He pre-
sented a petition signed by approximately 1500 residential homeowners
and businesses located not only on Peters Creek Road, but Brandon
Avenue as well. He spoke in favor of extending Peters Creek Road not
only to Shenandoah Avenue, but all the way to Brandon Avenue, S. W. He
called attention to a communication, in the City Manager's possession,
from the owner of the Roanoke/Salem Plaza donating land for the pro-
ject. He referred to a newspaper article in which it was stated that
the earliest construction date for Peters Creek Road is 1993 and
pointed out that the City has the money and the State gave the City the
blueprints three years ago, and asked why the projected construction
date is 1993.
Following discussion of the matter, the City Manager advised that
he would submit a status report and recommendation to Council in
January, 1990.
(For full text, see petitions on file in the City Clerk's Office.)
PETITIONS AND COMMUNICATIONS:
CITY TREASURER-BONDS: A communication from Mr. Gordon E. Peters,
City Treasurer, requesting that Council prescribe the sum for the City
Revenue Bond required of the City Treasurer, and approve surety so that
the new bond may be executed on or before December 31, 1989, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
A report of the City Attorney advising that Section 37 of the City
Charter requires the City Treasurer to give bond in such sum as the
Council may prescribe, with surety to be approved by the Council, suf-
ficient for the faithful discharge of the official duties in relation
to the revenue of the City, and such other official duties as may be
imposed upon the Treasurer by the Charter and ordinances of the City,
was also before Council.
The City Attorney further advised that the present amount of the
faithful performance bond required of the City Treasurer is
$200,000.00; that review of the records indicates that this amount has
not been increased over the last 16 years; and recommended that the
question of the appropriate amount of the faithful performance bond be
referred to the City Manager for review by the Risk Management Office
in coordination with the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
497
ACTION:
ACTION:
Mr. Garland moved that the request of the Treasurer be referred to
the City Manager for study, report and recon~nendation to Council. The
motion was seconded by Mr. Trout and adopted.
Mr. Garland moved that the report of the City Attorney be received
and filed. The motion was seconded by Mr. Trout and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET: The City Manager and the Director of Finance submitted a
joint written report advising that revenue estimates for the current
budget year are developed 16 - 18 months in advance of collection dates
for certain taxes; that for example, revenue projections for fiscal
year 1989 were made in January, 1988, and audited figures were not
available until August, 1989; and in reviewing the audited fiscal year
1989 actual collections for certain General Fund taxes, it was found
that adjustments can and should be made at this time.
The City Manager and the Director of Finance recommended that
Council adopt the appropriate measure to accomplish the following
adjustments:
Personal Property Tax
This category has always been one of the hardest to
estimate due to the collection date of May (the
11th month) of each fiscal year. The history of
personal property tax collections for recent years
are as follows:
Fiscal Amount
Year Collected
Percent Increase
Over Previous Year
1985 $ 8,141,005.00 + 11.3%
1986 9,005,539.00 + 10.6%
1987 9,968,480.00 + 10.7%
1988 10,574,191.00 + 6.1%
1989 11,588,107.00 + 9.6%
Our current budgeted revenue projection for fiscal
year 1990 is $11,100,000.00. Based on past collec-
tion history and a conservative increase of a 6%
growth, the revised figure for fiscal year 1990 is
$12,285,000.00 or a $1,185,000.00 increase.
The City Administration is establishing an internal
task force to review all options to provide a more
accurate information base on this key revenue
source.
Business and Occupational Licenses
The strong growth of business in our City this
past fiscal year allows us to adjust upward this
tax source. The history of collections for recent
years are as follows:
Fiscal Amount
Year Collected
Percent Increase
Over Previous Year
1985 $5,812,416.00 + 6.5%
1986 5,725,769.00 +(1.5%)
1987 5,943,583.00 + 3.6%
1988 6,274,542.00 + 5.6%
1989 6,678,819.00 + 6.4%
498
A modest growth of 4.5% would provide a revenue
estimate of $6,980,000.00, or an increase of
$380,000.00.
Prepared Food and Beveraoe Tax
This tax has been in effect slightly over two
years. The Prepared Food and Beverage Tax has had
only one full fiscal year of actual tax collection.
Fiscal year 1988 was the first year of collections,
but the tax was only in effect for eleven months.
Fiscal year 1989 was the first full year of collec-
tions, and the actual amount collected was
$4,212,115.00. Based on this actual collection and
a projected growth rate of 6%, our revised estimate
for fiscal year 1990 is $4,460,000.00, or an
increase of $359,000.00.
Street Construction
This revenue estimate was adopted prior to final
figures received from the Commonwealth. Since that
time an actual figure has been received from the
State Highway Department raising our estimate for
fiscal year 1990 from $6,035,907.00 to
$6,065,561.00, an increase of $29,654.00.
Citj/ Home Medicaid Payments
Increases in Medicaid payments have resulted in
larger reimbursements for the City Nursing Home
resulting in a revenue adjustment of $60,000.00.
Summary - Increase Reconm~nded in General Fund
Revenues
Category
Personal Pro.
Tax
Bus. & Occup.
Licenses
Prepared Food
and Bev. Tax
Current Revised
Estimate Estimate Increase
$11,100,000
6,600,000
4,101,000
$12,285,000 $1,185,000
6,980,000 380,000
4,460,000 359,000
Street Construc-
tion 6,035,907 6,065,561
690,000 750,000
City Home Medi-
caid Payments
Adopted Budget Revenue Total General
Fund
Revised Estimate Total General Fund
Percentage Increase
29,654
60,000
$2,013,654
$140,124,434
$142,138,088
+ 1.44%
Recommended Utilization of Increase in General Fund Revenues
The City Manager and the Director of Finance recon~nended that
additional revenues be allocated as follows:
499
School Administration ($923,520.00) - This
amount represents 48% "of .... th'e'1 additional reve-
nues which come from local tax sources, i.e.
Personal Property Tax, Business & Occupational
Licenses and Prepared Food and Beverage Tax.
This percentage is the same as that used in
sharing additional local tax revenues in the
development of the fiscal year 1989-90 General
Fund budget. This additional funding will be
allocated for the following purposes:
Health Insurance ($275,000.00)
be utilized to offset the
heal th insurance premi urns
recently negotiated heal th
for School employees.
- Funding will
increased cost of
for the most
insurance contract
Asbestos Removal ($648,520.00)
be utilized to remove the
Priority I friable asbestos
facilities.
- Funding wi 11
remai rider of al 1
in various School
Cit~ Administration
amount represents 52%
nues which come from
Personal Property Tax,
Licenses and Prepared
plus other revenues
sources. This percentage is the same
used in sharing additional local tax
in the development of the Fiscal Year
General Fund budget. This additional
will be allocated for the following purposes:
($1,090,134.00) - This
of the additional reve-
local tax sources, i. e.
Business & Occupational
Food and Beverage Tax,
generated from non-local
as that
revenues
1989-90
funding
Health Insurance ($163,951.00) - Funding will
'be utilized to offset the increased cost of
health insurance premiums for the most
recently negotiated health insurance contract
for City employees. A separate accompanying
report on this subject is included on City
Council's agenda.
Capital Improvement Program ($926,183.00) -
Funding will be utilized to partially fund the
Capital Improvement Program which will be pre-
sented to City Council on January 8, 19g0.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29841-111389) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-g0 General and Canital Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 433.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29841-111389. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick 5.
NAYS: None .......... O.
(Mayor Taylor was absent.)
Council Chamber.)
(Council Member Bowles was out of the
500
INSURANCE-BLUE CROSS/BLUE SHIELD: The City Manager submitted a
written report advising that the present Comprehensive Health Insurance
contract with Blue Cross and Blue Shield of Virginia expires on
December 31, 1989; that the City currently contributes 90% towards
the single employee rate; that specifications were developed to obtain
competitive proposals for the City's Group Health Insurance, including
retirees ineligible for Medicare and under age 65; that the request for
proposals was completed which included one and two year contracts for
the existing Health Insurance Plan; and all plans emphasized cost con-
tainment.
It was further advised that 29 agents/brokers were mailed Requests
for Proposals on September 12, 1989; that advertisement of the Request
for Proposals was published in the Roanoke Times and World-News on
September 10, 1989; and two responses for health insurance and one
response for vision care were received and publicly opened at
2:00 p.m., on Tuesday, October 10, 1989, in the Office of the Manager
of General Services.
Mr. Herbert explained that medical costs have escalated in recent
years causing a direct increase in health insurance premiums; that
health insurance providers are projecting a 20% regional cost trend
increase in 1990 assuming a break even point between premiums and
claims experience; that the claims experience for the City in 1989 has
been higher than premiums paid out; that claims paid out between
September, 1988 and August, 1989 totaled $2,975,953.00, while premiums
for the same time were $2,840,888.00; that this year, the plan incurred
17 high dollar claims in excess of $20,000.00, totaling approximately
$764,893.00; and last year, the plan had 12 claims exceeding
$20,000.00, totaling $439,649.00.
It was pointed out that a bid committee was appointed by the City
Manager to evaluate the current situation, review proposals and make
recommendations; that the health care proposals met specifications and
one proposal offered vision care coverage only; that the City Attorney
has advised, in accordance with the City of Roanoke Procurement Code,
that negotiations are permissible under Section 23.1-6, for the pro-
curement of health insurance services; that informational meetings were
called with the two health care companies to rank them according to the
City's needs; and negotiations were conducted with the first ranked
vendor, Blue Cross and Blue Shield of Virginia, for health insurance
following the guidelines of the City's Procurement Code.
The City Manager recommended that Council authorize the following:
Approve the award of a contract for health care
insurance to Blue Cross and Blue Shield of Virginia
for the period of one year beginning January 1,
1990, and ending December 31, 1990, for the
coverage and rates, and under the terms and con-
ditions contained in the City's present contract
with such firm, except as otherwise noted in the
City Manager's report.
Authorize the City Manager to execute the same,
subject to approval by the City Attorney and with
the understanding that Blue Cross and Blue Shield
of Virginia will provide the City Manager with said
contract ready for execution no later than
December 15, 1989.
Increase the City's participation from $89.00 per
employee per month to $121.00 per employee per
month beginning in December of 1989. Funding of
$150,000.00 was anticipated during fiscal year 1989
budget study and provided for in the Hospitaliza-
tion Insurance Residual Fringe Benefit Account.
The additional funding of $163,951.00 should be
transferred from the General Fund to Fringe
Benefits Non-Departmental, Account No. 001-004-
9110-1125.
(For full text, see report on file in the City Clerk's Office.)
501
ACTION:
ACTION:
Mr. Trout offered the following emergency Ordinance:
(#29842-111389) AN ORDINANCE authorizing the execution of a
contract and related documents with Blue Cross and Blue Shield of
Virginia to provide group hospitalization and health insurance for
employees of the City and members of their families; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 434.)
Mr. Trout moved the adoption of Ordinance No. 29842-111389. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick-- 6.
NAYS: None .....................
O®
(Mayor Taylor was absent.)
SPECIAL PERMITS: The City Manager submitted a written report
advising that Council annually grants permit requests for the installa-
tion of holiday decorations on City-owned light standards and other
facilities, including trees located in the downtown business district;
and Crestar Bank has requested permission to decorate the trees in
Colonial Plaza.
The City Manager recommended that Council grant permission to
Crestar Bank to decorate the trees in Colonial Plaza for the period
November 24, 1989, through January 15, 1990.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29843-111389) A RESOLUTION authorizing a revocable permit to
Crestar Bank for the attachment or installation of certain holiday
decorations to certain City-owned trees in Colonial Plaza, upon certain
terms and conditions.
(For full text of Resolution, see Resolution Book No. 51, page 434.)
Mr. Trout moved the adoption of Resolution No. 29843-111389. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick .............. 6.
NAYS: None .................... O.
(Mayor Taylor was absent.)
HOUSING: The City Manager submitted a written report advising
that the Virginia General Assembly has appropriated $47.5 million
through June 30, 1990, for various housing programs, most to be
designed and administered by the Virginia Department of Housing and
Community Development (DHCD); that the Multi-Family Rehabilitation Loan
Program is one such program, providing a combination of repayable and
forgiveable deferred payment loans for the rehabilitation and upgrading
of substandard multi-family buildings to be occupied by low-moderate
income households; and funding provided by the State is in the follow-
ing two parts:
One part reserved for energy-conserving improve-
ments. Funds for these improvements will be
loaned 0 0% interest, with payments deferred and
the loan forgiven over an eight year period, i.e.
the funds are not intended to be repaid.
The second part for all other improvements,
loaned @ 2-8% for up to 15 years.
502
It was further advised that Roanoke's application for the State's
Multi-Family Program was endorsed by Council on June 5, 1989; and the
City's application requested an allocation of $837,000.00 for the
following uses:
In conjunction with the existing 1989 Rental
Rehabilitation Program, matching $106,000.00 pre-
viously allocated to the City by the Federal
Department of Housing and Urban Development.
In coordination with concentrated code enforcement
activities in specific areas to be selected by
Council.
The City Manager explained that the City's application for the
Program was approved by the State, but only in the amount of
$525,000.00, which is 63% of the amount requested; that approval of the
City's application, but in the smaller amount, requires reconsideration
of the original plan for program administration and certain authoriza-
tions by Council, as follows:
Accept the allocation of funds from the Department
of Housing and Community Development.
Re-endorse the concentrated code enforcement ele-
ment of the Program and the use of funds in con-
junction with such code enforcement. Both the
concentration of code inspections on vacant and
occupied rental property in a specific area, and
the connection of subsidy funds specifically to
substandard properties identified through the code
enforcement activities are new approaches to
Roanoke.
A portion of the Mountain View neighborhood is
recommended to be the area targeted for the code
enforcement project, because of its high visibi-
lity, concentration of multi-family residential
buildings, incidence of deterioration as well as
well-maintained buildings, and potential for signi-
ficant stabilization through the Program;
Authorize the charging and collection of a 1% loan
commitment fee from the borrower on each loan upon
approval by the Department of Housing and Community
Development, amounting to a potential total of
$2,120.00 to the Roanoke Redevelopment and Housing·
Authority for the Rental Rehabilitation Program,
and $3,130.00 to the City. The portion to the City
is to be appropriated specifically to support the
administration of this and other housing activities
by the City.
The City Manager pointed out that the Multi-Family Rehabilitation
Loan Program funding offered by the State will enable the City to
directly support the significant rehabilitation of approximately 45-50
rental units in the Mountain View neighborhood; that in conjunction
with the concentrated code enforcement effort, an entire neighborhood
that is highly visible, strategically located, and historic may be sta-
bilized; that to do so, however, requires a different approach to code
enforcement and allocation of subsidies than the City has employed in
the past, which approach is common in other localities; and the allo-
cation of funds by the State presents an opportunity to the City to try
this different approach and gauge its effectiveness in Roanoke. He
stated that the report was presented to Council for its information
only, and the matter would be presented to Council for action at its
regular meeting on Monday, November 20, 1989.
(For full text, see report on file in the City Clerk's Office.)
Council Member Bowers presented a communication advising that he
attended a staff briefing by City Administrators, as Council's liaison
to the Roanoke Redevelopment and Housing Authority, in which it was
stated that they had received more than $500,000.00 from the Virginia
Housing Development Authority for a special target rehabilitation area
along Campbell Avenue from Thirteenth Street east to approximately
Eighth Street in the Mountain View neighborhood of the City.
Mr. Bowers further advised that he was of the opinion that the
project would be a good use of the City's rehabilitation money and was
under the impression that perhaps 50 units may be in the targeted area;
that it seemed to be wise for the City to go forward with this pilot
project to concentrate rehabilitation in a boulevard such as Campbell
Avenue in hopes that improvements to the houses on that street may
cause a "ripple effect" in helping to rehabilitate the entire
surrounding neighborhood.
Mr. Bowers requested that the Board of Commissioners of the
Roanoke Redevelopment and Housing Authority identify the project as a
project based Section 8 area so that low to moderate income citizens
may receive priority in obtaining available housing; and that the
Housing Authority designate more units in this area to be rehabilitated
so that persons who qualify under Section 8 may continue to reside in
the renovated area.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Mark S. Ames, 902 Patterson Avenue, S. W., appeared before
Council and advised that to make the houses in question, some of which
are 100 years old or older, into two family dwellings would not be in
keeping with the historical character of the neighborhood.
Mr. Robert L. Wade, 1019 Chapman Avenue, S. W., appeared before
Council and advised that he was not opposed to voluntary improvement of
the neighborhood or a voluntary loan program; however, he was against
mandatory inspection and enforcement of present building codes on
existing structures. He stated that the houses were constructed many
years ago and do not comply with present building code regulations of
the City. He further stated that it would be very expensive to bring
the houses up to present day building code standards; and the neigh-
borhood is made up of senior citizens who live on fixed incomes and it
would cause a financial hardship for them to make the necessary
repairs.
Ms. Lola Reynolds, 902 Patterson Avenue, S. W., appeared before
Council and advised that she was opposed to the entire Multi-Family
Rehabilitation Loan Program. She stated that the City intends to
inspect all of the properties and even if property owners do not wish
to make the necessary repairs, they will be forced to do so or the City
will condemn the houses. She called attention to a house she owned
located at 825 Patterson Avenue, S. W., which sustained damage as a
result of a fire, advising that she obtained a building permit and
without notice by the City, the house was razed. She explained that
the only attempt which was made by the City to notify her was pursuant
to one letter which was returned to the City' as undelivered. She
stated that if tile Multi-Family Rehabilitation Loan Program is ini-
tiated, that same situation could happen again. She explained that if
the houses are renovated into two bedroom apartments, families with
children would be attracted to the area and the neighborhood is not a
fit place to raise children; and $12,000.00 per unit would not come
close to covering the cost of necessary repairs. She added that she
felt the City had another reason for wanting the property; viz: to
widen the road, or to construct condominiums or office buildings, etc.
She pointed out that she has lived in her home for thirteen years and
intended to live there for the rest of her life; that her home is up to
present building code standards and if anyone had plans to condemn her
property, she would not stand idly by and allow that to happen. She
asked that Council give consideration to what the program will do to
the people who own property, advising that if there is money to be made
503
504
ACTION:
ACTION:
in the next two to three years because of downtown development, pro-
perty owners should be the persons to benefit. She stated that if
there is some kind of master plan, residents should be relocated to
housing purchased by the City, as opposed to being given $10,000.00 for
relocation expenses because they could not purchase a house for
$10,000.00.
The City Manager advised that he intended to present Council with
a full briefing on the program on Monday, November 20, 1989. He stated
that he would like to meet with residents and property owners in the
neighborhood to brief them on the intent of the program. He further
stated that although he did not have knowledge of a scheme to acquire
the property, anytime the City deals with property that may be in a
substandard condition, a fear will exist that the City is about to con-
demn the property. On the other hand, he explained that the City
receives a number of complaints and invitations from people who are
renting property to insure that the property is meeting building code
standards. He called attention to the question of right of entry and
pointed out that the City can only go onto property at the invitation
of either the person who is renting the property, or the property
owner, and the City can only require that the property be brought up to
minimum property standards.
Ms. Becky Hepler, 606 12th Street, S. W., appeared before Council
and advised that there is some positive feeling in the neighborhood for
the program. She stated that the perception seems to be that the
neighborhood is dying, and while it may not ever regain its glory days,
it is a viable neighborhood. She added that any money and interest the
City can direct to the neighborhood will be highly regarded and truly
appreciated.
Mr. Bowers moved that the matter be referred to the City Attorney
for preparation of the proper measure, with the understanding that
Council will receive a full briefing on the Multi-Family Rehabilitation
Loan Program on Monday, November 20, 1989. The motion was seconded by
Mr. Musser and adopted.
Mr. Bowers moved that his communication be received and filed.
The motion was seconded by Mr. Trout and adopted.
BUDGET-SEWERS AND STORM DRAINS-INDUSTRIES: The City Manager sub-
mitted a written report advising that public notice of request for pro-
posals for engineering services to evaluate current and future storm
draia needs for the Statesman Industrial Park area and the outfall
storm drain system along Route 460 was placed in a local newspaper on
Sunday, October 8, 1989; and four engineering firms responded to the
request for service; viz: Anderson and Associates, Mattern and Craig,
P. C., Dewberry and Davis, and Lumsden and Associates.
It was further advised that following interviews and discussions
with the review and selection committee, the firm of Mattern and Craig,
P. C., was selected as the best qualified to perform the study and pro-
vide recommendations for necessary improvements that would be in the
best interest of the City of Roanoke; and the project is required for
the following reasons:
The Street Network throughout Statesman Industrial
Park does not currently have an effective storm-
water collection system and thereby no effective
routing or control of storn~ater runoff from the
Industrial Park to other areas at lower elevations.
Impervious areas within the Industrial Park have
significantly increased in recent years in the form
of paved streets, paved parking areas, and large
commercial and industrial roof areas. This has
resulted in instantaneous runoff with severe
impacts to lower areas during periods of signifi-
cant rainfall.
505
(I
ACTION:
Routing control is necessary for an effective
stormwater collection system within the industrial
park itself in order for runoff to properly be
directed to the existing storm drain system along
Route 460.
Siebel Drive and Granby Street leading down from
the industrial park to Route 460 are now func-
tioning as wide channels during heavy storms.
Flooding has resulted at both intersections due to
lack of sufficient control and routing to the
existing system along Route 460.
It was explained that the following services would be provided by
the consulting engineer:
Perform the appropriate analysis on the watershed
both for current and future land-use requirements
and run-off magnitudes.
Study and confirm the current }~draulic efficiency
and ultimate capacity of the existing storm drain
system from Siebel Drive and Granby Street along
Route 460 to the outfall at Tinker Creek.
Evaluate the stormwater collection system needs
within Statesman Industrial Park with effective
routing of stormwater runoff to the existing system
along Route 460.
Provide and itemize realistic cost estimates of all
necessary improvements required to provide an effi-
cient storn~ater collection system within Statesman
Industrial Park and effective routing from the park
to the existing system on Route 460, through that
system to its outfal] at Tinker Creek.
Recommendations with cost estimates are to be deli-
vered to the City of Roanoke no later than
December 15, 1989.
It was further explained that Mattern and Craig, P. C. submitted
its proposal and agreement in accordance with the scope of work as abo-
vedescribed; and Mattern and Craig has agreed to provide the necessary
study and recommendations for a lump sum price of $15,000.00, which is
considered to be reasonable and therefore, is acceptable.
The City Manager recon~nended that Council authorize execution of
an engineering services contract with Mattern and Craig, P. C.,
Consulting Engineers, subject to approval by the City Attorney, in the
amount of $15,000.00; and authorize the Director of Finance to transfer
$15,000.00 from the Capital Improvement Reserve - Storm Drain, Account
No. 008-052-9575-9176, to a new account in the Capital Projects Fund to
be established by the Director of Finance and entitled, "Statesman
Industrial Park, Route 450 Watershed Study."
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29844-111389) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 435.)
Mr. Trout moved the adoption of Ordinance No. 29844-111389. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
5O6
ACTION:
ACTION:
ACTION:
AYES: Council biembers Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ............ 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29845-111389) AN ORDINANCE authorizing the execution of a
contract with Mattern and Craig, P. C., to provide engineering services
for a watershed study for the Statesman Industrial Park and Route 460;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 436.)
Mr. Garland moved the adoption of Ordinance No. 29845-111389. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick 6.
NAYS: None ........... O.
(Mayor Taylor was absent.)
BUDGET-POLICE DEPARTMENT-EQUIPNENT: The City Manager submitted a
written report concurring in a report of a bid committee in connection
with the purchase of police automobiles.
The bid committee recommended that Council accept tile lowest
responsible bid, for ten new police automobiles, as submitted by
Berglund Chevrolet, Inc., in the total amount of $148,961.20; authorize
the Director of Finance to appropriate $148,961.20 from the Capital
Maintenance and Equipment Replacement Program to Police Department,
Account No. 001-050-3113-9010; and reject the other bid received.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29846-111389) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 437.)
Mrs. Bowles moved the adoption of Ordinance No. 29846-111389. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout and Vice-
Mayor Fitzpatrick .......... -5.
NAYS: None ..........
(Mayor Taylor was absent.)
voting.)
O.
(Council Member Bowers abstained from
Mrs. Bowles offered the following emergency Ordinance:
(#29847-111389) AN ORDINANCE providing for the purchase of marked
police automobiles for use by the City, upon certain terms and con-
ditions, by accepting a bid made to the City for furnishing and deli-
vering such equipment; rejecting other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 437.)
Mrs. Bowles moved the adoption of Ordinance No. 29847-111389. The
motion was seconded by Mr. Trout and adopted by the following vote:
507
AYES: Council Members Bowles, Garland, Musser, Trout and Vice-
Mayor Fi tzpatrick-- 5.
NAYS: None ......................
(Mayor Taylor was absent.) (Council Member Bowers abstained from
voti rig, )
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
GRANTS-CITY MARKET: Ordinance No. 29824 authorizing the execution
of Amendment No. I to a Short Term CDBG Float Loan Agreement, with
Downtown Associates and Dominion Bank, in order to provide for the
extension of the term of the loan, which loan was for the purpose of
refinancing of the rehabilitation and redevelopment of the City Market
Building, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, November 6, 1989,
read and adopted on its first reading and laid over, was again before
the body, Mr. Trout offering the following for its second reading and
final adoption:
(#29824-111389) AN ORDINANCE authorizing the execution of
Amendment No. I to Short Term CDBG Float Loan Agreement, with Downtown
Associates and Dominion Bank, in order to provide for the extension of
the term of the loan, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 425.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29824-111389. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout and
Bowers. 5.
NAYS: None-- O.
(Mayor Taylor was absent.)
voting. )
(Vice-Mayor Fitzpatrick abstained from
BUDGET-GRANTS-HUMAN RESOURCES-YOUTH: Ordinance No. 29825 amending
and reordaining certain sections of the 1989-90 Grant Fund Appropria-
tions, providing for the appropriation of $44,753.00 to certain
accounts to be established in the Grant Fund, in connection with accep-
tance of a Runaway and Homeless Youth Program Grant awarded to the
Crisis Intervention Center (Santuary), by the United States Department
of Health and Human Services, having previously been before the Council
for its first reading on Monday, November 13, 1989, read and adopted on
its first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#29825-111389) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 425.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 29825-111389. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick. 6.
NAYS: None ........... O.
(Mayor Taylor was absent.)
508
ACTION:
ACTION:
CITY CODE-SEWERS AND STORM DRAINS: Ordinance No. 29829 amending
Article III, Sewer Use Standards, of Chapter 26, Sewers and Sewage
Disposal, of the Code of the City of Roanoke (1979), as amended, such
6ode amendments and additions improving and increasing the protection
program for the City's publicly owned treatment works, having pre-
viously been before the Council for its first reading on Monday,
November 6, 1989, read and adopted on its first reading and laid over,
was again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
(#29829-111389) AN ORDINANCE amending Article III, Sewer Use
Standards, of Chapter 26, Sewers and Sewage Disposal, of the Code of
the City of Roanoke (1979), as amended, by amending and reordaining
§26-43, Definitions, subsections (b) and (il of §26-44, General
requirements, §26-45, Prohibited discharges generally, subsection (b)
'6'f §26-46, Discharge 'of heavy metals and toxic materials, subsec-
tion (al of §26-56, Discharge permits for industrial waste, and adding
new subsections (c) and (d) to §26-66, Penalty for violations, of
Article III, Sewer Use Standards, of Chapte~~6, Sewers and Sewage
Disposal, such code amendments and additions improv(6g and increasing
the protection program for the City's publicly owned treatment works.
(For full text of Ordinance, see Ordinance Book No. 51, page 426.)
Mrs. Bowles moved the adoption of Ordinance No. 29829-111389. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick. 6.
NAYS: None .......... O.
(Mayor Taylor was absent.)
EQUIPMENT-SEWERS AND STORM DRAINS: Ordinance No. 29830 accepting
the bid of Dominion Car Company for two pickup trucks for use at the
Water Pollution Control Plant, in the amount of $23,142.40, having pre-
viously been before the Council for its first reading on Monday,
November 6, 1989, read and adopted on its first reading and laid over,
was again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
(#29830-111389) AN ORDINANCE providing for the purchase of two
pickup trucks for use by the City, upon certain terms and conditions,
by accepting a bid made to the City for furnishing and delivering such
equipment, and rejecting other bids made to the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 430.)
Mrs. Bowles moved the adoption of Ordinance No. 29830-111389. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout and Vice-
Mayor Fitzpatrick. 5.
NAYS: None ....... O.
(Mayor Taylor was absent.) (Council Member Bowers abstained from
voting.)
CITY SHERIFF-EQUIPMENT: Ordinance No. 29831 accepting the bid of
Magic City Motor Corporation for the lease of two new four-door 1990
Ford Crown Victorias, for a term of 48 months, at a charge of $412.78
per month per unit, for use by the Sheriff's Department, having pre-
viously been before the Council for its first reading on Monday,
November 6, 1989, read and adopted on its first reading and laid over,
was again before the body, Mr. Garland offering the following for its
second reading and final adoption:
509
mL
ACTION:
ACTION:
ACTION:
(#29831-111389) AN ORDINANCE providing for lease of two (2) motor
vehicles for use by the Sheriff's Department, upon certain terms and
conditions, by accepting a bid made to the City for the lease of such
vehicles.
(For full text of Ordinance, see Ordinance Book No. 51, page 430.)
Mr. Garland moved the adoption of Ordinance No. 29831-111389. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout and Vice-
Mayor Fitzpatrick-- 5.
NAYS: None--
O.
(Mayor Taylor was absent.) (Council Member Bowers abstained from
voting.)
SEWERS AND STORM DRAINS: Ordinance No. 29832 accepting the bid of
Montgomery Tank Lines for transportation of pickle liquor from
Yorkville, Ohio, to Roanoke, Virginia, for the period of November 1,
1989, to October 31, 1990, for the price of $1.75 cwt on 48,00D pounds
per load, having previously been before the Council for its first
reading on Monday, November 6, 1989, read and adopted on its first
reading and laid over, was again before the body, Mr. Bowers offering
the following for its second reading and final adoption:
(#29832-111389) AN ORDINANCE accepting the bid of Montgomery Tank
Lines made to the City for transportation of pickle liquor from
Yorkville, Ohio, to Roanoke, Virginia, for the period of November 1,
1989, to October 31, 1990; and rejecting all other bids made to the
City.
(For full text of Ordinance, see Ordinance Book No. 51, page 431.)
Mr. Bowers moved the adoption of Ordinance No. 29832-111389. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick-- 6.
NAYS: None-
(Mayor Taylor was absent.)
SNOW REMOVAL: Ordinance No. 29833 accepting the bid of Cargill,
Inc., to furnish 1,000 tons, more or less, of deicing salt to the City,
at a unit price of $43.09 per ton, having previously been before the
Council for its first reading on Monday, November 6, 1989, read and
adopted on its first reading and laid over, was again before the body,
Mr. Bowers offering the following for its second reading and final
adoption:
(#29833-111389) AN ORDINANCE accepting a bid for furnishing
deicing salt to the City; and rejecting other bids.
(For full text of Ordinance, see Ordinance Book No. 51, page 431.)
Mr. Bowers moved the adoption of Ordinance No. 29833-111389. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick .... 6.
NAYS: None .......
.0.
(Mayor Taylor was absent.)
STREETS AND ALLEYS-SPECIAL PERMITS-DONATIONS: Ordinance No.
29834 authorizing execution by the proper City officials of certain
quitclaim deeds in connection with the vacation of street right-of-way
510
located at Troxell Street, S. E., upon certain terms and conditions,
having previously been before the Council for its first reading on
Monday, November 6, 1989, read and adopted on its first reading and
laid over, was again before the body, Mr. Trout offering the following
for its second reading and final adoption:
(#29834-111389) AN ORDINANCE authorizing execution by the proper
City officials of certain quitclaim deeds in connection with the vaca-
tion of street right-of-way located at Troxell Street, S. E., upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 432.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29834-111389. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick ................. 6.
NAYS: None ............... O.
(Mayor Taylor was absent.)
ACTION:
PARKS AND PLAYGROUNDS-CITY PROPERTY-DONATIONS: Ordinance No,
29835 authorizing transfer of the Veterans' Park property from the City
of Roanoke to the Commonwealth of Virginia, upon certain terms and con-
ditions, having previously been before the Council for its first
reading on Monday, November 6, 1989, read and adopted on its first
reading and laid over, was again before the body, Mr. Musser offering
the following for its second reading and final adoption:
(#29835-111389) AN ORDINANCE authorizing transfer of the
Veterans' Park property from the City of Roanoke to the Commonwealth of
Virginia, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 432.)
Mr. Musser moved the adoption of Ordinance No. 29835-111389. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Vice-Mayor Fitzpatrick. .6.
NAYS: None ........... O.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Vice-Mayor declared the
meeting adjourned at 12:05 a.m.
APPROVED
ATTEST:
City C1 erk
Vice-Mayor
511
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
November 20, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 20, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meettnqs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979)~ as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Robert A.
Garland, Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowles
and Mayor Noel C. Taylor ................................... 7.
ABSENT: None- O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James P. Beatty,
Pastor, St. Paul A.M.E. Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
VIRGINIA MUNICIPAL LEAGUE-ACTS OF ACKNOWLEDGEMENT: Mrs. Bowles
presented the Mayor with a Resolution adopted by the Virginia Municipal
League expressing appreciation for the Mayor's leadership as President
of the VML from September 1987 to September 1988.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss and consider
a matter relating to the use of real property for public purpose, and
the disposition of publicly held properties in connection with poten-
tial downtown development.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss and consider a matter relating to the use of real
property for public purpose and the disposition of publicly held pro-
perty, specifically the use and disposition of such properties in con-
nection with potential downtown development, pursuant to Section
2.1-344 (A) (3), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss and consider a
matter relating to the use of real property for public purpose and the
disposition of publicly held property, specifically the use and dispo-
sition of such properties in connection with potential downtown deve-
lopment, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........... 7.
NAYS: None ................ O.
ELECTIONS: A communication from Ms. Sharon L. Carrin§ton, General
Registrar, transmitting a certified copy of the Abstract of Votes cast
in the General Election held in the City of Roanoke on Tuesday,
November 7, 1989, for the positions of Governor, Lieutenant Governor,
Attorney General, Member of the 16th District of the House of
Delegates, Member of the 17th District of the House of Delegates,
Commonweal th' s Attorney, Sheriff, Commi ssioner of Revenue and
Treasurer, was before Council.
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia at the General Election held on
November 7, 1989 for:
GOVERNOR OF VIRGINIA
Names of Candidates
Total Votes
Received
(In Figures)
d. Marshall Coleman
L. Douglas Wilder
Caldwell Butler
Dudley Buz Emick
Ray Garland
Joel Kelly Hartman
Neil McNally
11,484
16,590
2
1
1
1
1
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited in the
office of the Clerk of Circuit Court of the elec-
tion held on November 7, 1989, do hereby certify
that the above is a true and correct Abstract of
Votes cast at said General Election for Governor of
Virginia.
Given under our hands this ninth day of November,
1989.
S/Melba C. Pirke~
Chairman
S/Charles T. Green Vice Chairman
S/Alton B. Prillaman Secretary
A copy teste:
[SEAL]
S/Alton B. Prillaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia at the Geperal Election held on
November 7, 1989 for:
LIEUTENANT GOVERNOR OF VIRGINIA
Names of Candidates
Total Votes
Received
(In Figures)
Edwina P. "Eddy" Dalton
Donald S. Beyer, Jr.
Clarke Crosby
Joel Kelly Hartman
Unknown
10,231
17,333
1
1
2
513
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited in the
office of the Clerk of Circuit Court of the elec-
tion held on November 7, 1989, do hereby certify
that the above is a true and correct Abstract of
Votes cast at said General Election for Lieutenant
Governor of Virginia.
Given under our hands this ninth day of November,
1989.
S/Melba C. Pirkey
Chairman
S/Charles T. Green Vice Chairman
S/Alton B. Prillaman Secretary
(I
A copy teste:
[SEAL]
S/Alton B. Prillaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia at the General Election held on
November 7, 1989 for:
ATTORNEY GENERAL OF VIRGINIA
Names of Candidates
Total Votes
Received
(In Figures)
Joseph B. Benedetti
Mary Sue Terry
Joel Kelly Hartman
William Redpath
Unknown
7,841
19,888
1
1
2
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited in the
office of the Clerk of Circuit Court of the elec-
tion held on November 7, 1989, do hereby certify
that the above is a true and correct Abstract of
Votes cast at said General Election for Attorney
General of Virginia.
Given under our hands this ninth day of November,
1989.
S/Melba C. Pirkey
Chairman
S/Charles T. Green Vice Chairman
S/Alton B. Prillaman Secretary
A copy teste:
[SEAL]
S/Alton B. Prillaman, Secretary, Electoral Board
***
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia at the General Election held the first
Tuesday after the first Monday in November, 1989,
for
514
MEMBER OF THE HOUSE OF DELEGATES
16TH DISTRICT
Names of Candidates
Total Votes
Received
(In Figures)
Clifton A. "Chip" Woodrum 10,597
David Bromm 1
Ray Garl and 1
Barry Hartman 1
Pat Paul sen 1
Wayne Reilly 1
Paul Trible 1
James Turner 1
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited with the
Clerk of the Circuit Court of the election held on
November 7, 1989, do hereby certify that the above
is a true and correct Abstract of Votes cast at
said election for Member of the House of Delegates.
Given under our hands this ninth day of November,
1989.
S/Melba C. Pirkej/
Chairman
S/Charles T. Green Vice Chairman
S/Alton B. Prtllaman Secretary
A copy teste:
[SEAL]
S/Alton B. Prillaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia at the General Election held the first
Tuesday after the first Monday in November, 1989,
for
MEMBER OF THE HOUSE OF DELEGATES
17TH DISTRICT
Names of Candidates
Total Votes
Received
(In Figures)
A. Victor "Vic" Thomas
Parthenia Fiel ds
Hound Dog Senior
8,987
1
1
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited with the
Clerk of the Circuit Court of the election held on
November 7, 1989, do hereby certify that the above
is a true and correct Abstract of Votes cast at
said election for Member of the House of Delegates.
Given under our hands this ninth day of November,
1989.
S/Melba C. Pirke~,
Chairman
S/Charles T. Green Vice Chairman
S/Alton B. Prillaman Secretarx
51'5
(!
A copy teste:
[SEAL]
S/Alton B. Prillaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia at the general election held on
November 7, 1989,
FOR COMMONWEALTH'S ATTORNEY
Names of Candidates
Total Votes
Received
(In Figures)
Donald S. Caldwell
Parthenia Fields
Marc Small
21,028
1
1
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited with the
Clerk of the Circuit Court of the election held on
November 7, 1989, do hereby certify that the above
is a true and correct Abstract of Votes cast at
said election and therefore determine and declare
that the following received the greatest number of
votes cast in said election:
Donald S. Caldwell
for the office of Commonwealth's Attorney.
Given under our hands this ninth day of November,
1989.
S/Melba C. Pirke¥
Chairman
S/Charles T. Green Vice Chairman
S/Alton B. Prillaman Secretary
A copy teste:
[SEAL]
S/Alton B. Prillaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia at the general election held on
November 7, 1989,
FOR SHERIFF
Names of Candidates
Total Votes
Received
(In Figures)
J. L. "Jim" Phillips
W. Alvin Hudson, Jr.
W. Alvin Hudson, Jr.
6,630
19,408
1
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited with the
Clerk of the Circuit Court of the election held on
November 7, 1989, do hereby certify that the above
is a true and correct Abstract of Votes cast at
said election and do therefore determine and
declare that the following received the greatest
number of votes cast in said election:
516
W. Alvin Hudson, Jr.
for the office of Sheriff
Given under our hands this ninth day of November,
1989.
S/Melba C. Pirke~
S/Charles T. Green Vice Chairman
S/Alton B. Prillaman Secretary
Chairman
A copy teste:
[SEAL]
S/Alton B. Prillaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia at the general election held on
November 7, 1989,
FOR COMMISSIONER OF REVENUE
Names of Candidates
Total Votes
Received
(In Figures)
Jerome S. Howard, Jr.
David C. Anderson
14,599
10,723
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited with the
Clerk of the Circuit Court of the election held on
November 7, 1989, do hereby certify that the above
is a true and correct Abstract of Votes cast at
said election and therefore determine and declare
that the following received the greatest number of
votes cast in said election:
Jerome S. Howard, Jr.
for the office of Commissioner of Revenue
Given under our hands this ninth day of November,
1989.
S/Melba C. Pirkey
Chairman
S/Charles T. Green Vice Chairman
S/Alton B. Prillaman Secretary
A copy teste:
[SEAL]
S/Alton B. Prillaman, Secretary, Electoral Board
***
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia at the general election held on
November 7, 1989,
517
FOR TREASURER
Names of Candidates
Total Votes
Received
(In Figures)
Gordon E. Peters
Parthenia Fields
Sharon Fitzsimmons
23,802
1
1
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited with the
Clerk of the Circuit Court of the election held on
November 7, 1989, do hereby certify that the above
is a true and correct Abstract of Votes cast at
said election and do therefore determine and
declare that the following received the greatest
number of votes cast in said election:
Gordon E. Peters
for the office of Treasurer
Given under our hands this ninth day of November,
1989.
S/Melba C. Pirkey
Chairman
S/Charles T. Green Vice Chairman
S/Alton B. Prillaman Secretary
(!
ACTION:
ACTION:
A copy teste:
[SEAL]
S/Alton B. Prillaman, Secretary, Electoral Board
(For full text, see communication and Abstracts of Votes on file in the
City Clerk's Office.)
Mr. Trout moved that the communication and Abstracts of Votes be
received and filed. Tile motion was seconded by Mr. Garland and adopted
by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None ............. O.
YOUTH: A report of qualification of Loretta B. Williams as a
member of the Youth Services Citizen Board for a term ending May 31,
1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Fitzpatrick,
Bowers, Bowles and Mayor Taylor .........
NAYS: None ....................
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
Garland, Musser, Trout,
7.
Oe
NONE.
PETITIONS AND COMMUNICATIONS:
518'
ACTION:
HUNTER MEMORIAL VIADUCT-DOWNTOWN OFFICE TOWER PROJECT: Council
having held a public hearing on Monday, November 13, 1989, with regard
to closing tile Jefferson Street Leg of the Hunter Viaduct, Council
Member David A. Bowers presented a communication calling for the
following:
"1
That we retain the Jefferson Street Leg of the
Hunter Viaduct.
Alternatively, that we have an evening public
hearing to be held at the Exhibition Hall of
the Roanoke Civic Center for our citizens to
once again express themselves on this issue,
and to delay any further action until then.
3. To call for a referendum on any expenditures
of public funds for the Tower project."
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that the Jefferson Street Leg of the Hunter
Memorial Viaduct be retained. The motion was seconded by Mr. Musser.
Mr. Bowers stated that in the last two days, he had received
hundreds of positive con~nents and he had also received negative per-
sonal attacks which have no place in politics, on either a local or a
state level, and such attempts to impune the character of a public ser-
vant have no place in a public discourse. He commented that his oppo-
nents -- the proponents of tearing down the Viaduct -- are trying to
make him the issue, advising that they have their views and he respects
their views, however, he happens to have a difference of opinion, and
he asked that his opinion also be respected.
Mr. Bowers stated that he had been accused, along with Council, of
having given private assurances, which is against the law in the
Commonwealth of Virginia. He further stated that when Mr. Henry Faison
talked with him in April 1989, about the matter, Mr. Faison left his
office without his agreement or acceptance; that when the issue was
presented to Council in May, it was presented with the proposition that
if the Viaduct were torn down and the proposed office tower was
constructed, Norfolk Southern would locate its offices in this building
and approximately 1200 jobs would remain in the City. He stated that
following that meeting, he remarked to the City Manager that he would
consider tearing down the Viaduct if it meant keeping Norfolk Southern
jobs in the City, however, Norfolk Southern pulled out of the project
and he would like to know their reasons for doing so. Following that
action, he stated that he thought the project was dead, but when it
came back to Council, the design had changed as well as the purpose,
and it was no longer intended to keep Norfolk Southern in the City of
Roanoke. He explained that he had never voted to close the Viaduct or
to fund its demolition, and if he thought he had given this private
assurance, he would be bound by that decision.
Mr. Bowers referred to a letter he wrote to the City Manager under
date of October 5, 1989, with copies to all of the members of Council,
regarding the downtown tower project in which he stated that he had
been publicly silent as to his comments and concerns about the downtown
building project underway at the end of Jefferson Street by the Norfolk
Southern Railway lines. He stated that he was very much in favor of
the building of a skyscraper in downtown Roanoke and he was also in
favor of the building of an additional municipal parking garage to meet
the needs of downtown shoppers and business people; that these two
buildings would be important for the changing face of Roanoke and he
supported them conceptually. He further stated that he had some con-
cern about the terms of the project and felt it was necessary to
express those concerns to the City Manager and to Council. He advised
that he was still concerned about the tearing down of the Hunter
Viaduct, which he believed to be a practical approach in and out of
Roanoke, and the destruction of the Viaduct in November, 1989, with the
loop road which is to replace the Viaduct not to be open until 1991 or
later, not being a well thought out process. He stated that there will
be traffic jams in downtown Roanoke and it will provide a great incon-
venience for the ingress and egress of people who work, shop and visit
in the downtown area.
Mr. Bowers pointed out that having read the morning newspaper
article as to the public hearing before the City Planning Commission on
the issue, he was surprised that there were no comments in opposition
to tearing down the Viaduct at the Planning Commission hearing. He
stated that he had hoped that the project would be "wrapped" around or
beside the Viaduct in some manner, perhaps with the crossing of Salem
Avenue instead of the Viaduct so that this main artery in and out of
the City could be kept open for practical purposes. He advised that he
was also concerned that other sites in downtown Roanoke were not con-
sidered, including the site to the west of the current site, i.e.: the
Thomas Rutherford site, which site would allow for the building of the
high rise with preservation of the Viaduct and a clear preservation of
the viewshed to and from The Hotel Roanoke and Jefferson Street.
Mr. Bowers expressed further concern about the cost of the
construction of the Municipal Parking Garage, advising that if there
are additional costs as a result of the Faison skyscraper being built
on top of the parking garage, he was not sure that it is proper for the
taxpayers of the City of Roanoke to pay for this added expense. He
stated that he was not opposed to the building of additional parking
garages in downtown Roanoke and considered this to be a proper expense
of taxpayers money because it does enhance the infrastructure of the
downtown area; however, if there is additional cost because of the
nature of this project, a project in which the City seems to be trying
to do everything possible to accommodate the developer, then the extra
cost should be borne by the developer and not by the City.
To the Mayor and the Vice-Mayor, Mr. Bowers stated that he con-
tinued to be concerned about the vote of any member of Council who
might have a direct or indirect interest in this project; that when
the project was initially brought before the. Council and the City in
May 1989, it included a grand plan for the high rise office building
.that would include the Norfolk Southern Corporation, and at that time
Council was told that the building Would be an important anchor in
keeping 1000 - 1200 Norfolk Southern jobs in the downtown area and he
supported that idea, however, now that Norfolk Southern has gone for-
ward with its own plans to build its own high rise building at the
corner of Williamson Road and Franklin Road in Downtown East, the pro-
ject is now left m~aningless for the benefit of one of the City's
leading employers. He stated that he felt the City needed to have
further assurance from every source possible that there is not a
conflict of interest by any member of Council in participating in the
discussion, deliberation or voting on the project and its related
issues. He added that he hoped the downtown project was not a "done
deal", a "fait accompli" or that it was presented to Council as a "take
it or leave it" proposition. He pointed out that the Roanoke City
Council, as the elected representatives of the people, should have some
input into helping to fine tune the plan in order to best meet the
needs of the downtown area and the citizens and taxpayers at large.
Mr. Bowers stated that he was in favor of purchasing the Milan
Brothers property and the Macher property, advising that he would like
to see this project wrapped around the Viaduct so that the Viaduct
could be saved. He stated that he voted to refer the matter to the
City Planning Commission because it was his obligation to study the
question; that he had made some accusations that it was a "done deal"
and whether that statement ~is true or not will have to be decided by
· the-individual.. He added that .it is his opinion that it is a "done
deal"; that the traffic lights have .already been installed which bears
evidence of that statement; opinion;'that he. did not mean his remarks
to impune the integrity of the Mayor or the Vice-Mayor, however, they
previously stated that this project did not involve Dominion Bank and
now it appears that Dominion Bank is one of the leading advocates of
the project, and he could not see that there was anything but a
conflict of interest for them in voting on the matter.
Mr. Bowers stated that he felt it was important for this community
to decide who is going to make the decisions; that he liked to think
that the public, through their elected representatives, have some say
in what goes on, however, he did not feel that this matter had been
conducted in the way that business of the City of Roanoke should be
conducted. He stated that he disagreed with the proposed placement of
the office tower at the Viaduct location.
520'
Mr. Musser advised that when ,the idea of the proposed office tower
, -was first'presented to Council,,".the major prospective tenants were to
..... be:Norfolk .Southern and Dominion ,Bank..-He stated that the proposal
:,included.clostng..the Viaduct and these'negoti'ations continued for some
time until at some point Norfolk Southern removed itself as a potential
tenant. He further stated that after Council was presented with this
negative turn of events, Council instructed the City Manager and his
staff to contact Mr. Faison and O:termine if there was a way that the
tower could be built without Norf~.lk Southern being a part of the pro-
ject. He added that Council did not request that the tower be built
elsewhere, but on the site prese,~tly under consideration which meant
the removal of the Viaduct. He advised that the City received a report
from RTKL, the consulting firmwb|ch was hired to evaluate the City for
this type of structure, as well as the future of The Hotel Roanoke and
a future convention center; tha'. it was the consultant's idea that the
Viaduct be removed; and it was from this study that the traffic con-
sultant was brought in and re:.ommended the various traffic rerouting
patterns. He stated that sin;e no one is an expert in all fields,
Council has to rely on the aC; ice of those persons who are experts in
each field. He further stated that perhaps there should have been a
public hearing with regard to cl.~sing the Viaduct; however, that action
should have taken place in Ma,~ or June when there was time to review
the matter and take appropriate action. At that time, he pointed out
that little or no objections were raised and it was his understanding
that extensive investigations were conducted, with regard to public
opinion as to the removal of the Viaduct. He stated that perhaps there
should have been a referendum on the project, but it should have been
included as a part of the, November 1989 election process, and not at
'.this~eleventh-hour. He advised'that~the'money for the City's portion
· - of the parking garage will come .from real estate taxes and from income
,,: ,.produced~by the p'arking garage..' -: , ~':' :
Mr. Musser further advised that when he casts his vote on the pro-
ject, it will not be due to any threat, to any intimidation or to any
coersion, but his vote will be based on the fact that he, as a Council
Member, and he, as a person, earlier in the year, when there was little
or no opposition about the removal of the Viaduct, participated in the
decision to instruct the City Manager to construct the building on the
site presently under discussion. He stated that he made the commitment
and he would not, under any circumstances, renege on something that he
instructed the City Manager to do.
Mr. Garland advised that Council would make some citizens angry no
ma~ter how it votes on this particular project. He stated that the
question before Council is probably the most difficult that he has
faced in almost 24 years on City Council. He further stated that among
a host of uncertainties, one certainty exists which is that most of the
good politics rest on the side of leaving the Viaduct in place which
might even be his personal preference, however, he could not go by what
he personally may feel or think, but on the basis of what he feels is
in the best interest of all of the citizens of the City of Roanoke. He
added that that which one has known by long experience is almost always
preferable to a leap into the unknown.
Mr. Garland stated that he.has been a citizen of Roanoke for his
~ntire .life; -that in the Roanoke ~of~ ~is ~youth, downtown was the
shopping centerlfor the entire ROanoke Valley and much of the territory
beyond, but ~here is now a,retail capacity larger than downtown Roanoke
at its height to be found in mere than one-half dozen shopping centers
throughout the Valley which provides an indication as to the growth of
wealth and population and serves as an antidote for pessimism. He
stated that this trend in retail will not be changed in any great
degree by what Council does today, which raises the question of why
downtown is needed at all. He further stated that he felt downtown is
needed because it serves as the valuable and viable heart of the total
co~unity, and downtown is needed for its tax base for services which
are now largely in place. He added that downtown represents the
commercial and industrial aspects of the comnunity that provide the
jobs and the tax revenue that support the asperations of all of
Roanoke's neighborhoods.
521
Mr. Garland called attention to the fact that several members of
Council were present when many of the same people criticized City
Council for building the parking garage located on Church Avenue and
First Street, S. W.; that the same people criticized Council for
purchasing the former post office building for $500,000.00 and for
spending another $3 million on remodeling the facility; and Council was
criticized when it improved the area in the vicinity of the Blue
Cross/Blue Shield building, as well as the Williamson Road Parking
Garage and Center in the Square. He stated that the majority of the
members of Council have all been through these kinds of projects
together, and some of the same people are criticizing Council today
regarding the removal of the Jefferson Street leg of the Viaduct.
Mr. Garland commented that among the older central cities of the
State, fortunately downtown Roanoke is generally in a better condition
to face the future than most of the cities throughout Virginia and many
other downtowns which have already lost the battle for survival. He
stated that neither he nor anyone else could give guarantees that all
of the plans for downtown development presently on the table will
prosper over the indefinite future, but the project before Council is
the keystone which joins all of these plans together, and if it is
knocked out, much else may be knocked out with it because this project
ties in the City Market, The Hotel Roanoke, the proposed convention
center, the Market Building and Center in the Square.
Mr. Garland advised that he understands and shares many of the
fears that have been expressed; that he has endeavored to give the
matter his most capable consideration, but the time to have come for-
ward to object to this project should have been months ago. He stated
that if all goes well and every part of the overall plan fits neatly
into place, Council will be vindicated, but if the present plan falters
and other plans do not mature, there is no guarantee that another plan
will come forth if the present plan is turned down, and the City may
have missed its sole opportunity to assure the future vitality of down-
town Roanoke, which is a risk he is not prepared to run at this time.
He added that he intended to support the recommendation of the City
Manager and he wished to assure the .public that the City will do what
it can and all it can to make the transition as convenient as possible
and without undue delays. He pointed out that there will be some
inconveniences and some delays, but in the overall picture, whatever
inconveniences are experienced will be well worth it in the long run.
Mr. Trout advised that Council Members should not vote for the
expenditure of funds for any consultant report unless it is willing to
vote for or against the consultant's recommendation. With regard to
the "done deal" referred to earlier by Mr. Bowers, he stated that he
knew nothing about a "done deal". He further stated that Council held
a total of six Executive Sessions that concerned the Henry Faison pro-
ject, the Viaduct and the Norfolk Southern, advising that during this
time, he was involved with the project and that involvement was at the
invitation of others and came from having served on the Council off and
on for 20 years. He advised that the project in question represents
business as usual and presented each member of Council with information
on the Downtown East Project which commenced in 1969. He pointed out
that in the Downtown East Project, without a referendum and with duly
held public hearings, Council made the decision to move just about
everything on the east side of Jefferson Street. He stated that such
action was taken because Council felt that the most important thing at
that time was to provide leadership. He explained that leadership is
defined as the ability to lead people further than they desire to go
and in order to do so, one must have two strengths; viz: the ability
to recognize the problem and the wisdom to find a solution. He pointed
out that without a referendum, Downtown East is now a strong and vital
employment area that pays a large sum' of taxes which has removed a
heavy burden from the taxpayer. Further, without a public referendum,
he advised that Council undertook a .tremendous burden to build the
downtown parking garage because the General Assembly provided the
mechanism that allowed communities to do so. He stated that following
that major decision, Council was promptly sued in Federal Court and
fortunately, the City's decision was upheld by the Court. He further
stated that the impact of that decision resulted in the construction of
three major office buildings, therefore, Council continued what he
referred to earlier as "business as usual".
522
ACTION:
Mr. Trout advised that in 1982, in the political campaign, he
pointed out that Roanoke was the only major city in Virginia that owned
no industrial parks, and today Roanoke's record speaks for itself
because Council made the decision to establish a strong economic deve-
lopment program that includes municipally owned industrial parks; and
without a public referendum, Council purchased 300 acres of land, as
well as another 150 acre tract, and the City now has several industrial
parks which speaks for itself. He called attention to the City's
efforts to continue its economic development program in order to
attract new businesses and jobs and retain existing businesses. He
further called attention to the RTKL study which was funded with
$40,000.00 by the City, $40,000.00 from Norfolk Southern and $40,000.00
from Dominion Bank and stated that it is important that the rela-
tionship between the private sector and the public sector be strong and
reinforced every so often with combination projects. He added that
there could never be in any city in America any stronger combination
than Norfolk Southern, Dominion Bank and the City of Roanoke; that the
City undertook the project and Council Members made the decision that
the City Manager, along with Mr. Faison and his architect, should go
to Norfolk to discuss the proposed office tower with Norfolk Southern
officials. He stated that Mr. Arnold McKinnon made the announcement
that the railroad had other plans and it is not the City's business to
know why Norfolk Southern made the decision to occupy another location,
which obviously was for business reasons. He further stated that when
the decision was made to save the project, meetings were held and the
City Administration worked with Mr. Faison in order to change the
tenant make up when it was discovered that Norfolk Southern did not
wish to participate in the project because it is very important in eco-
nomic development to secure an anchor tenant.
Mr. Trout pointed out that the City can be proud that of all the
taxes paid in the City of Roanoke, the business community pays over
60 per cent of those taxes versus.15 per cent in Roanoke County, which
has removed, a tremendous.burden from .the..homeowner. He stated that
with this~project, Roanoke's financial ship of state will continue on
calm water, and in the long run,~the~citizens will view that Council
was correct in its decision. In connection with the Downtown East pro-
ject, he pointed out that there were traffic problems; that when the
parking garage was constructed, there was only one lane on Church
Avenue; and it is easy to forget that Hershberger Road was a two lane
highway when Valley View Mall was constructed, but today Hershberger
Road consists of six to eight lanes of traffic.
Mr. Trout referred to what he liked to call "Roanoke's biggest
kept secret" which is the construction of the bridge over the railroad
tracks, advising that few citizens know about the bridge, and asked
that the City Manager go to great lengths to let the citizens know that
they will be able to comfortably come into the City via a new four lane
bridge.
Mrs. Bowles advised that she wants what is best for the citizens
of this community and she could understand some of their concerns. She
stated that she had questioned the City Manager about police and fire
and other emergency vehicles that need easy ingress and egress to and
from the City and was assured that the routes have been adequately
reviewed. She remarked that the Engineering Department has stated that
there will be some problems with traffic for a brief period of time,
but that too will be worked out. She agreed with Mr. Garland and Mr.
Trout with regard to the economic development advantages to the City as
a result of the proposed project.~ She stated that as a woman, she
~views the. matter from a different perspective than some members of
Council, advising that she has lived .in the City of Roanoke for all of
her life:and she loves this City;, that she resides in the Williamson
Road section and Williamson Road people will be more affected by what
happens to the Viaduct than any other citizens, but in the long run, it
is best for the citizens of the City of Roanoke to move forward with
the project. She stated that she would not vote for any proposal that
would jeopardize her and her family anymore than she would vote for
something that would jeopardize the citizens of the City of Roanoke,
her enlarged family. She advised that she would support the recon~en-
dation of the City Manager.
Mr. Bowers' motion that the Jefferson Street leg of the Hunter
Viaduct be retained was lost by the following vote:
ACTIOH:
ACTION:
AYES: Council Member Bowers
NAYS: Council Members Fitzpatrick, Garland, Musser, Trout, Bowles
and Mayor Taylor- 6.
Mr. Bowers moved that Council hold a public hearing on Monday,
December 11, 1989, at 7:30 p.m., at the same time that Council holds
the public hearing on the public financing, and that the meeting be
held in the Exhibition Hall of the Roanoke Civic Center if that faci-
lity is available, and if not, that the public hearing be held in the
Auditorium of one of the local high schools. The motion was seconded
by Mr. Musser and lost by the following vote:
AYES: Council Member Bowers
NAYS: Council Members Fitzpatrick, Garland, Musser, Trout, Bowles
and Mayor Taylor ..... 6.
Mr. Bowers moved that Council call for a referendum on any expen-
diture of public funds for the proposed office tower project. The
motion was seconded by Mr. Musser and lost by the following vote:
AYES: Council Member Bowers
NAYS: Council Members Fitzpatrick, Garland, Musser, Trout, Bowles
and Mayor Taylor .... ' ......... 6.
CITY GOVERNMENT-CELEBRATIONS: The Mayor extended greetings to a
special delegation of persons representing Roanoke's Sister City of
Wonju, Korea, led by Dr. Ch'ang-Mo Moon, Chairman of the Wonju Sister
City Committee.
The Mayor advised that since the delegation's arrival on Thursday,
November 16, 1989, he hoped they had come to realize how much the
Roanoke Sister Cities Project means to the comunity because it has
effected all citizens in a very personal way; and being a Sister City
to Wonju, Korea, and to Kisumu, Kenya, has opened up the windows of the
world to citizens of Roanoke. He called attention to a week long
celebration of activities in con~nemoration of the Silver Anniversary
of this friendship with Wonju, and advised that the relationship deve-
loped by the two cities is as unique as the cultures and peoples of
Korea.
Mayor Taylor presented Dr. Moon with a clock containing a picture
of the front of the Municipal Building and requested that he present
the gift to the Mayor of Wonju upon his return to Korea with warm
greetings and best wishes from the citizens of the City of Roanoke.
Also, for the Mayor of Wonju, Mayor Taylor presented Dr. Moon with a
plaque to which the Key to the City of Roanoke had been mounted, with
the following inscription:
"Presented to the Honorable Jae Young Klm, Mayor of
Wonju, Korea, upon the occasion of the Silver Anni-
versary Festival of Roanoke Sister Cities. May
our bonds of friendship remain forever strong."
The Mayor presented Dr. Moon with a brief case engraved with the
Seal of the City of Roanoke.
The Mayor asked that each member of the Wonju delegation be intro-
duced and presented each representative with a City of Roanoke
"Executive Glass".
On behalf of the entire Korean delegation, Dr. Moon expressed
pleasure for the opportunity to participate in the Silver Anniversary
celebration of Roanoke Sister Cities, and presented a gift to Mayor
Taylor from the Mayor of Wonju which was a classical painting by a
famous Korean artist.
524
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-LIBRARIES: The City Manager submitted a written report
advising that the John D. and Catherine T, MacArthur Foundation is a
private, independent, grant-making foundation created in 1978 for
charitable and public service purposes; and the Roanoke City Public
Library applied for and was awarded an outright grant from the
MacArthur Foundation of a video collection valued at approximately
$6,300.00, which Council accepted in February, 1989.
It was further advised that 23 videocassettes valued in excess of
$7,000.00 were recently received by the Library; and the videos are
part of the MacArthur Library, a special collection of quality
film/video productions dealing with areas of MacArthur Foundation
interests, such as health, peace and international cooperation, and
world environment and resources.
The City Manager recommended that he be authorized to accept the
MacArthur Foundation gift of the video collection valued in excess of
$7,000.00; and that he or his designee be authorized to execute the
necessary documents accepting the grant for the Roanoke City Public
Library.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles offered the following Resolution:
{#29848-112089) A RESOLUTION authorizing the appropriate City
officials to execute the appropriate documentation accepting a video
collection of tapes from the John D. and Catherine T. MacArthur
Foundation for the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 51, page 442.)
Mrs. Bowles moved the adoption of Resolution No. 29848-112089.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .......... .-7.
NAYS: None ....... O.
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Consortium
has been awarded Economic Dislocation and Worker's Adjustment Act
(EDWAA) Title III funds, in the total amount of $81,768.00 for the
period of July 1, 1989, through June 30, 1990, to provide basic read-
justment and retraining services for dislocated workers as a result of
plant closings and/or major company layoffs; that jurisdictions in the
Fifth Planning District, which include the cities of Roanoke, Salem,
Clifton Forge, and Covington, as well as the counties of Alleghany,
Botetourt, Craig and Roanoke, were presented with an option to buy-in
to the Consortium services, to offset an administrative deficit of the
agency; and the amounts were calculated on an average of five factors
relative to weighted vote of Policy Board members, population, utiliza-
tion, service costs, and the economically disadvantaged population; and
total amount received to date is $2,817.67, with additional dollars to
be received in January, 1990.
It was further advised that the City of Roanoke is the grant reci-
pient for Consortium funding; that Council must appropriate the funds
for all grants received by the Consortium; that $62,257.00 of
Consortium funds were available to provide administrative support in
addition to Job Training Partnership Act {JTPA) funding; that only
$18,365.00 was expended for this purpose; and an unspent balance of
$43,891.00 needs to be transferred to the fiscal year 1990 program from
the fiscal year 1989 program.
525
ACTION:
It was explained that the Governor's Employment and Training
Department (GETD) has sent to the Consortium Notice of Award (NOA) No.
E90-0303 for EDWAA grant funds, in the amount of $81,768.00 for the
period July 1, 1989, through June 30, 1990; that the jurisdictions of
the Fifth Planning District have approved a buy-in to the operation of
the Consortium, in the amount of $2,817.67; and $43,891.00 of Consor-
tium appropriations need to be transferred for utilization to the
current budget year from the preceding budget year.
The City Manager recommended that Council appropriate the Consor-
tium's new funding, in the amount of $84,586.00, and increase the reve-
nue estimate by $84,586.00, and transfer fiscal year 1989 remaining
balances of $43,891,00 to new accounts to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29849-112089) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Consortium Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 442.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29849-112089.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor--- 7.
NAYS: None ..... O.
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that an informational letter was submitted to
Council on August 16, 1989, advising Council of emergency repair work
necessary to repair a storm drain collapse that occurred in the 200
block of Oaklawn Avenue, N. E.; that Council was advised that Aaron J.
Conner, General Contractor, Inc., was to be employed to perform the
necessary repairs at an estimated cost, in the amount of $25,000.00,
but the actual cost could not be identified more exactly until the
collapsed area was excavated and conditions better known; and Council
was advised that a full report, with documented costs, would be pre-
sented upon completion of the emergency repair work.
It was further advised that another storm drain collapse occurred
at the intersection of Trinkle Avenue and Williamson Road immediately
following the work on Oaklawn Avenue, and Aaron J. Conner, General
Contractor, Inc., was asked to move men and equipment to the location
. and perform the same type of repairs to the area; that estimated cost
for the Trinkle Avenue area was not anticipated to exceed $10,000.00,
but the actual cost is $10,177.13 and, therefore, requires a report to
Council for approval; and Aaron J. Conner, General Contractor, Inc.,
has completed the emergency repair work, both on Oaklawn and Trinkle
Avenues, and has submitted documented invoices to the City for
payments, for a total cost for both repairs, as Follows:
200 block of Oaklawn Avenue
Trinkle Avenue at Williamson Road
$32,485.75
10,177.13
$42,662.88
The City Manager recommended that Council authorize the Director
of Finance to transfer $42,662.88 from the current Capital Improvement
Reserve - Williamson Road Storm Drain, Account No. 008-052-9575-9179,
to a capital account to be established by the Director of Finance
entitled, Oaklawn Avenue/Trinkle Avenue - Emergency Repairs; and
authorize payment to Aaron J. Conner, General Contractor, Inc., in the
amount of $42,662.88 for the repair work performed on Oaklawn and
Trinkle Avenues.
(For full text, see report on file in the City Clerk's Office.)
526
ACTION:
ACTION:
ACTION:
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29850-112089) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 444.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29850-112089.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ....... 6.
NAYS: None ............
(Council Member Musser was out of the Council Chamber.)
Mr. Fitzpatrick offered the following Resolution:
(#29851-112089) A RESOLUTION authorizing and ratifying emergency
repairs to certain storm drain facilities owned by the City.
(For full text of Resolution, see Resolution Book No. 51, page 444.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29851-112089.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Trout, Bowers, Bowles
and Mayor Taylor ......... 6.
NAYS: None ....... O.
(Council Member Musser was out of the Council Chamber.)
BUDGET-EQUIPMENT-CIVIC CENTER: The City Manager submitted a writ-
ten report concurring in a report of a bid committee with regard to
purchase of a power sweeper/scrubber to be used at the Roanoke Civic
Center.
The bid committee recommended that Council accept the lowest
responsible bid meeting specifications submitted by Syndor Industrial
Services, Inc., to furnish and deliver one power sweeper/scrubber
machine, in the total amount of $20,764.70; appropriate $20,764.70 from
Retained Earnings to the proper account to be established by the
Director of Finance; and reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29852-112089) Ali ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Civic Center Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 445.)
Mr. Musser moved the adoption of Ordinance No. 29852-112089. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... -7.
NAYS: None ........
O.
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29853-112089) AN ORDINANCE providing for the purchase of a
power sweeper/scrubber, upon certain terms and conditions, by accepting
a bid made to the City for furnishing and delivering such equipment;
rejecting other bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 446.)
m
ACT I ON:
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29853-112089.
lhe motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None
HOUSING: The City Manager submitted a written report advising
that the Rental Rehabilitation Program has been a cooperative program
among HUD, the City, and the Roanoke Redevelopment and Housing
Authority (RRHA), to encourage rehabilitation of privately-owned rental
property; and the Rental Rehabilitation Program, with 1988 HUD funding,
is based, in part, on funds made available by the Virginia Housing
Development Authority to support funding provided by HUD, which
financing includes terms so favorable as to allow the subsidies made
from the $142,000.00 allocated by HUD to be repaid to the City for
future use in rehabilitation or community development.
It was further advised that the original design of the 1988
Program provided for the loan of $350,000.00 from Virginia Housing
Development Authority to the Housing Authority, which would then loan
funds to individual owners of rental properties; that Virginia law
required the Virginia Housing Development Authority to invite endorse-
ment or disapproval from the City for financing of ~ulti-family proper-
ties; and accordingly, Council endorsed this specific loan from the
Virginia Housing Development Authority to the Roanoke Redevelopment and
Housing Authority for the Rental Rehabilitation Program on
September 12, 1988.
It was explained that the program design was modified subsequently
to provide for loans to be made directly from the Virginia Housing
Development Authority to individual owners, rather than to the Housing
Authority; that the Virginia Housing Development Authority has deter-
mined that the change has made the City's previous endorsement invalid
because the loan is not to be made to the Housing Authority as set
forth in the description from the Virginia Housing Development
Authority and the endorsement by the City in 1988, but instead to indi-
vidual property owners; and the Virginia Housing Development Authority
has requested the City to verify that its previous approval of
financing by the Virginia Housing Development Authority to the Roanoke
Redevelopment and Housing Authority also applies to the Program change
as described.
The City Manager recommended that Council authorize the Mayor to
respond to the Virginia Housing Development Authority to re-endorse the
loan by the Virginia Housing Development Authority of funds to indivi-
dual rental property owners in support of the 1988 Rental
Rehabilitation Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29854-112089) A RESOLUTION re-endorsing the loan by the
Virginia Housing Development Authority (VHDA) .in the amount of
$350,000.00 for use in the Rental Rehabilitation Program of the City.
(For full text of Resolution, see Resolution Book No. 51, page 446.)
Mr. Bowers moved the adoption of Resolution No. 29854-112089. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...... 7.
NAYS: None
.0.
COUNCIL: The City Manager requested that Council convene in
Executive Session, pursuant to Consent Agenda item C-1; whereupon, Mr.
Trout moved that Council concur in the request. The motion was
seconded by Mr. Musser and adopted by the following vote:
528
ACTION:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowles
and Mayor Taylor-- 6.
NAYS: Council Member Bowers
At 3:45 p.m., the Mayor declared the meeting in recess.
At 4:30 p.m., tile meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Trout moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .......... 7.
NAYS: None ......... O.
BUDGET-HUNTER MEMORIAL VIADUCT-DOWNTOWN TOWER PROJECT-PARKING
GARAGE: The City Manager submitted a written report advising that
Design '79, Design '85, and Focus '89, each studies of downtown
Roanoke, have included recommendations with regard to major development
sites; and the Focus '89 Study was charged with the following four
principal objectives:
Improve the vehicular access to and through the
study area in a way which promotes better city-wide
circulation.
Identify sites in the study area for future office
and related supporting development.
Recommend a location for the Convention/Exhibit
Center and its associated parking facilities.
Reduce the perceived separation between the area
north of the railroad and the downtown area south
of the railroad.
It was further advised that the northeast corner of Jefferson
Street and Salem Avenue has been identified in all studies of the down-
town area as the premier location for a new office complex; that Faison
Associates of Charlotte, North Carolina, initially announced in May,
1989 their interest in constructing a multi-story office tower develop-
merit at this location; and Council authorized the City Manager to nego-
tiate with the developers in an effort to implement such a project if
agreements could be reached to ensure quality development in the best
interest of the City.
It was explained that the office tower/parking garage project will
be a combination of private and public improvements; that the City will
convey all or part of three parcels of City-owned land to the Roanoke
Redevelopment and Housing Authority; that the Housing Authority will
convey the land to the developer for $23.00 per square foot; that the
developer will construct a multi-story office tower at the northeast
corner of Jefferson Street and Salem Avenue; that within the tower, at
levels two through seven, will be a parking facility; and above the
parking facility will be leasable office space of not less than 171,000
square feet.
It was further explained that adjoining the office tower, and
immediately east thereof, will be an additional six-story parking faci-
lity integral with the six levels of parking in the office tower; that
the first level of the parking wing and the adjoining office tower
lobby will be commercial area containing not less than 19,000 square
feet of leaseable space to be owned and leased by the developer; that
,!
the combined parking facility in both the office tower and adjoining
wing garage will contain approximately 727 parking spaces; and the
developer will also install landscape screening along the north side of
Norfolk Avenue adjacent to the Norfolk Southern railroad tracks.
The City Manager stated that the City of Roanoke and the Housing
Authority will purchase the six levels of parking within the office
tower and adjoining wing garage upon completion of construction for a
maximum purchase price of $11,379,000.00; that the Housing Authority
will lease their three stories of the parking garage to the developer
for a term of 60 years for use of the tenants within the tower; that
the City will own three stories of the parking garage and will operate
the entire garage as a public parking facility; and the City will demo-
lish the Jefferson Street Leg of the Hunter Viaduct, and relocate tile
Pollard Clock and Hunter Memerial.
It was further stated that streetscape improvements, such as
sidewalks, street trees, street lights, and similar amenities com-
parable elsewhere in the downtown area, will be constructed by the City
along Salem Avenue, Jefferson Street, and Norfolk Avenue adjacent to
the site of the office tower/parking garage; that related paving work
will be performed in those street segments; and the City plans to
construct, but not as a requirement of the Agreement between the City,
the Housing Authority, and the developer, an atrium, pedestrian bridge
over the Norfolk Southern Railroad, and a public park or plaza near the
intersection of Salem Avenue and First Street, S. E.
The City Manager pointed out that the City Planning Commission
held a public hearing on October 4, 1989, to consider closure of the
Jefferson Street Leg of the Hunter Viaduct and review of the comprehen-
sive development plan for the office tower/garage; that the Planning
Commission unanimously recommended closure of the Viaduct to Council
and approved the comprehensive site plan for the office tower/garage;
that the Architectural Review Board held a public hearing on October
12, 1989, to consider Certificates of Appropriateness for demolition of
the Jefferson Street Leg of the Hunter Viaduct and the proposed office
tower/parking garage construction; and the Board unanimously approved
demolition of the Viaduct and granted design approval for a 22 to 26
story office building, subject to final approval of the exact site
location.
It was stated that the Board of Zoning Appeals held a public
hearing on November 7, 1989, to consider a special exception for the
height of the proposed office tower; that the Board unanimously granted
approval; that Council held a public hearing on November 13, 1989, to
consider closure of the Jefferson Street Leg of the Hunter Viaduct;
that persons spoke both for and against the proposal; and the Virginia
Department of Transportation Commission approved the City's request to
close the Jefferson Street Leg of the Hunter Viaduct and reassign
various highway routes at its meeting on November 16, 1989.
The City Manager recommended that Council approve the office
tower/parking garage project at the intersection of Jefferson Street
and Salem Avenue; authorize execution of the appropriate documents
relating to the development; and approve the following measures:
Appropriate $5,689,500.00 to an account to be
established by the Director of Finance for payment
to the Roanoke Redevelopment and Housing Authority
to purchase three levels of a parking garage within
the office tower/garage complex. Funding is to be
provided from unallocated Capital funds of
$4,135,635.00 and Capital Maintenance and Equipment
Replacement Program funding, in the amount of
$1,553,865.00.
Appropriate $5,689,500.00 to an account to be
established by the Director of Finance for the City
of Roanoke to purchase three levels of the parking
garage. Funding is to be provided by land sale
proceeds of $971,175.00 and anticipated general
obligation bond funds of $4,718,325.00.
529
530
Appropriate $2,165,130.00 from anticipated bond
funds of $2,081,675.00 (total bond issue
$6,800,000.00) and the Capital Maintenance and
Equipment Replacement Program funding of $83,455.00
for other costs associated with the downtown deve-
lopment project to an account to be established by
the Director of Finance. This includes funds of
$198,130.00 for the Hunter Viaduct demolition.
Adopt a measure authorizing the City Manager to
sign a contract of sale/purchase agreement, with
attachments, in a form subject to approval by the
City Attorney, and authorize the Mayor to execute
a deed conveying the required real estate.
Adopt a measure vacating the public right-of-way of
the Jefferson Street Leg of the Hunter Viaduct.
Adopt a measure awarding a contract to Branch &
Associates, in the amount of $180,130.00 for demo-
lition of the Jefferson Street Leg of the Hunter
Viaduct.
Adopt a measure authorizing an agreement with the
Roanoke Redevelopment and Housing Authority con-
cerning the property on which the proposed office
tower/parking garage is to be constructed and costs
and revenues related to the garage facilities to be
acquired by the Authority upon completion.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29855-112089) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Capital Projects Funds Appropriations,
and providing for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 447.)
Mr. Trout moved the adoption of Ordinance No. 29855-112089.
motion was seconded by Mr. Garland.
The
The City Manager advised that it was important, given the public
discussions and incomplete understanding of all of the components of
the project, to present the project in cronological order.
Mr. Herbert advised that in October 1988, he received a telephone
call from senior management at Norfolk Southern Railway Company to
attend a meeting to discuss their concerns with regard to the future of
The Hotel Roanoke and the question of office space in regard to Norfolk
Southern. He stated that Norfolk Southern had determined that it was
more cost effective for them to build new offices rather than to reno-
vate their current buildings, therefore, based on this and the fact
that the City was in the middle of evaluating alternative locations for
a trade and convention center, the railroad invited the City, as well
as Dominion Bank, who was also in search of office space for potential
office development, into a three way funding partnership to fund a
master plan for what was characterized as the downtown north area. He
further stated that on November 7, 1988, Council appropriated
$40,000.00 for its contribution to the plan and appropriated the funds
to Downtown Roanoke, Inc.; and in November, 1988, Downtown Roanoke,
Inc., announced that RTKL of Baltimore, Maryland, had been hired to
prepare the downtown north master plan.
The City Manager explained that it was agreed to by all three par-
ties that the purpose of the plan, in order to meet the needs of the
individual participants, would address four principle objectives which
encompassed downtown north. He pointed out that this was the threshold
from which all future decisions came and these four items consisted of:
(1) the consultant was to reconmmnd a location for the convention -
exhibit center and those associated parking facilities; (2) to improve
vehicular access to and through the study area in a way that would pro-
mote better City-wide circulation which was intended to reduce the
volume of traffic that was not destined for downtown; (3) to reduce the
531
m~
perceived separation of the area north of the railroad from the down-
town area which is traditionally called south of the railroad; and (4)
to identify multiple sites in the study area for future office and
related support development which would include an appropriate amount
of parking, an appropriate amount of service, and an appropriate amount
of retail space that would complement the overall downtown development.
He stated that on May 12, 1989, the RTKL plan was publicly presented;
that RTKL, in its Master Plan, addressed all four of the abovestated
issues and provided two alternatives for a convention center site;
that the consultant recommended the demolition of the Jefferson Street
leg of the Viaduct and also made a strong recommendation for the
construction of the Second Street Bridge and the inner loop system
which provided an attractive and functional way to tie the north side
of the railroad tracks to the south side or the north side of downtown
to the south side, and recommended a number of situations in regard to
office building sites.
Mr. Herbert quoted from the Executive Summary of the RTKL study
which states in part, "The site of the Hunter Viaduct is an exceptional
location for major new development which can reinforce the traditional
centers of office and retail activity. The removal of the Viaduct and
the redevelopment of the site comprises a milestone which reverses the
century long series of actions which have separated the downtown from
the area north of the railroad. This is a key site which can bridge
development north and south of the railroad, while at the same time
offer an unparalleled opportunity to create a new signature statement
about Roanoke's skyline at a major entry into downtown." The City
Manager advised that based on the findings of the RTKL report, Mr.
Henry Faison expressed an interest in a development on this site.
Mr. Herbert stated that on May 15, 1989, Council authorized the
City Administration to option the Milan Brothers property and to pursue
the purchase of the former A & P Building; that also in May 1989,
Council authorized the City Manager, the Mayor and Council Member
Trout, as Chairman of the City's Economic Development Commission, to go
to Norfolk and meet with the Chairman of Norfolk Southern and other
railroad officials to state that Council was willing to make the
Viaduct site available for development. He stated that around this
same time, Council articulated to the development community its support
for an office development at the Viaduct site, but always conditioned
its approval upon two items; viz: (1) that a traffic solution could
and would be implemented and must be aggressively put in place; and (2)
that a significant investment in the range of $20 - $30 million must be
made in order to justify making this site available.
Mr. Herbert advised that on August 15, 1989, Council again
encouraged developers to continue to pursue office development, con-
ditioned upon the abovestated items; that on September 11, 1989, after
the decision by the Norfolk Southern to construct its facility at
another location, Council voted to ask the Virginia Department of
Transportation to relocate the major routes off of the Viaduct onto
Salem Avenue and also asked the City Planning to consider closure of
the Viaduct; and Council voted to hire Hayes, Seay, Mattern and
Mattern, to design the Viaduct removal. He added that Council also
authorized and voted to appropriate funds to purchase both the former
A & P Building, as well as the Milan Brothers property, both of which
properties have now been closed on. He noted that at that same time in
September, seeing these positive actions by Council, Mr. Faison
obtained a number of leases from major businesses in the community that
had made or stated their commitment to be a part of this major downtown
development plan; and in mid August, the desire of the developer and
his lead tenants was to commence construction after the first of the
year. He explained that he discussed with Council a number of admi-
nistrative actions that needed to be taken in anticipation of bringing
a contract back for Council's consideration.
The City Manager advised that he had been publicly criticized for
putting a number of public contingencies in place to enable the deve-
loper, the City of Roanoke Redevelopment and Housing Authority and the
City of Roanoke, if Council said yes to the project, to move forward in
a timely way. He stated that given the workload of the Public Works
Department, a decision had to be made whether or not the City would be
able to do all of the normal things required at Christmas time, as well
as leaf pick-up, Christmas decorations, etc., and as only good planning
532
dictates, he would be the last person to say to City Council that the
project could not proceed because City staff had not anticipated the
need to make certain traffic improvements. He pointed out that Council
has said consistently that it wanted to make sure that certain traffic
remedies were in place if the project were to go forward.
Mr. Herbert explained that he was proud and excited to say that
the City has successfully completed negotiations with Faison Associates
and the first major piece of the Focus '89 master plan could, subject
to Council's favorable vote, be put in place. He added that this is a
major achievement by Council and it will be the first of many more com-
ponents.
The City Attorney addressed the contract of transaction, should
Council vote favorably on the project, between the City, the City of
Roanoke Redevelopment and Housing Authority, Faison Roanoke Office
Limited Partnership, a North Carolina Limited Partnership and Henry J.
Faison as guarantor. He stated that provisions of the transaction
include that the City will deed three parcels of land which are the
former Viaduct property once the Viaduct has been demolished, a remnant
of the old Water Department property, the property acquired from the
Macher Brothers referred to as the former A & P property, and property
acquired from the Milan Brothers, which parcels make up a unit of pro-
perty that the City will convey to the Roanoke Redevelopment and
Housing Authority. He further stated that the Housing Authority, in
turn, will deed the property to Faison Roanoke Limited Partnership,
advising that this sale will be at $23.00 per square foot and subject
to certain restrictive covenants which are that the partnership will
construct an office tower that will include six stories of parking and
171,000 square feet of net rentable office area; that the Partnership
will construct a six story parking garage wing; and the Partnership
will construct a commercial area of approximately i9,000 square feet in
the ground floor of the tower and in the ground floor of the parking
garage wing. As an inducement to the Partnership, he explained that it
is provided that the City will induce the demolition of the Viaduct and
the former A & P Building and the City will construct certain sidewalk
improvements in conjunction with the tower project. He advised that
once the Partnership has attained title to the property, it will
construct the tower and the garage wing; that when construction is
complete, the top three stories will be conveyed to the Housing
Authority and the lower three stories of the parking garage will be
conveyed to the City; that the guaranteed maximum garage price is
$11,379,000.00; that once the Housing Authority has received title to
three floors of the parking garage, it will lease three of the floors
of the garage to the Partnership for a term of 60 years, or the useful
life of the building, whichever is longer; that in addition, the City
and the Housing Authority will enter into a contract which is referred
to as the management contract in respect to the parking garage which
~ill provide that the City will manage the Housing Authority's portion
of the garage and the City's portion of the garage, being the three
lower floors, with those three floors being open for general public
parking. He briefly reviewed the provisions of the seven ordinances
presently before the Council for consideration.
The City Manager addressed additional components of the project,
advising that as stated by the City Attorney, there are approximately
three floors of parking that is needed to support the development; that
in addition, sidewalk improvements around the building are necessary
inducements by the City, and therefore when he is asked how much the
project will cost, his response is in the range of $5 - $6 million.
He stated that there are three additional levels being referred to by
the City Attorney that is not needed for the support of this particular
project, however, it is important to begin to address long-term parking
needs for downtown. He advised that Council had previously asked that
he investigate the greater parking needs for the downtown area and
called attention to the demand in the market area for parking with a
long waiting list, which has now been cut off. He explained that he
could see the obstacle that the lack of parking has caused for further
redevelopment in downtown, particularly that block below the market
building where the Hotel Earle is located; that with Norfolk Southern
moving its office building to Franklin Road, Church Avenue and
Williamson Road, there is the potential for at least 1000 new employees
533
coming into downtown who are not presently parking there; and he could
envision that parking could begin to serve the downtown during the day
and potentially the trade and convention center, with a pedestrian
overpass across the railroad. He stated that for the first time in the
history of downtown Roanoke, this City will have multiple sites that
are not tied up by previous parking commitments or restrictions.
With regard to recommendations of the Focus '89 study, Mr.
Herbert advised that funds have been included to design and build the
atrium and the pedestrian bridge which Virginia Tech feels will be cri-
tical in its efforts to save Tile Hotel Roanoke and to make it a viable
hotel, not only in the year 1990, but in the year 2000. He pointed out
that Council will be asked to place the funds in a reserve capital
account and at the appropriate time, he would request authority to
proceed on individual projects. He stated that in addition to all of
the other elements being discussed outside of the contract such as
additional parking, the atrium and the pedestrian bridge as a whole,
when added to the Second Street Bridge Connector and the loop system,
will allow the City to have a significant beginning in the implemen-
tation of the Focus '89 study. He explained that the strategic loca-
tion is the first piece in the puzzle of the project called Focus '89,
with each piece supporting the next, and in order to achieve many of
these important other pieces, the first piece needs to go in place now.
Mr. Herbert called attention to the benefit to The Hotel Roanoke,
advising that undoubtedly the hotel's isolation from downtown has
contributed to its poor performance; that when the railroad builds its
new office building and abandons a number of buildings on the north
si de of the railroad track, the potential for the disinvestment to this
particular area is great; and therefore, it is crucial that a develop-
merit go forth on this Focus '89 site so that Virginia Tech and poten-
tially a developer, can be encouraged to spend the $25 - $30 million
that Virginia Tech is looking for in order to make the hotel success-
ful. He stated that one of the reasons that Virginia Tech ultimately
decided to accept The Hotel Roanoke as a gift was because of its con-
fidence that the City would pursue the Viaduct site development and
other aspects of Focus '89 in order to generate new dollars for the
community. He advised that this particular site now generates
$2,500.00 in real estate taxes; that with the first phase of the deve-
lopment, not counting anything besides real estate taxes and not taking
any credit for what is being done in the adjacent area, the site alone
will generate in excess of $400,000.00 in real estate taxes and when
fully developed, based on a 500 square foot build out, the site will
eventually produce in excess of $1 million. He stated that with the
office towers of both Dominion Bank and Norfolk Southern, which will
anchor both sides of downtown, not only will the skyline of downtown
Roanoke be redefined, but a sense of progress and positive feelings
will be created in the long term that will energize Roanoke in the
years to co~e.
The Director of Finance outlined the financing package for the
project, advising that in accordance with the proposed contract, he had
prepared and recommended to Council a practical financing package to
accomplish all of what the City Manager and the City Attorney had
discussed. He stated that he was recommending the taking of available
funding set aside specifically by Council for economic development pur-
poses, add to that the sale of the land to the developer for approxima-
tely $971,000.00, plus funds from the last fiscal year set aside for
one time expenditures, with the difference to be made up with a $6.8
million general obligation bond issue, which, for one of the first
times, pays for itself from newly created net generated income taxes in
parking garage facilities. He added that the budget ordinance not only
provides funding for the parking garage, but also provides funds for
the Focus '89 projects -- the overhead bridge, the atrium, the plaza,
sidewalks, and removal of the Viaduct. He stated that this financing
package funds the need, advising that it is a revenue producing project
that will generate millions of dollars for the City of Roanoke now and
continually into the future. He further stated that this one budget
ordinance is one of the most important ordinances that Council will
ever adopt because it will lead the way for the City of Roanoke into
the 21st century and strengthen the fiscal viability of the downtown
area.
534
The City Manager advised that tile City of Roanoke Redevelopment
and Housing Authority acted on the matter at noon on November 20, 1989,
and unanimously approved participation in the project.
Mr. Henry J. Faison, developer, appeared before Council and
advised that the Viaduct site was not his idea, although he wished it
had been. He stated that he was looking at other sites when the RTKL
preliminary results were made available to him by the City; and he was
asked by the City to endeavor to produce the project on this site. He
added that it is easy for a developer to put a building anywhere that
he can get a tenant, and the tenant he felt confident that he had, due
to prior conversations with Mr. Warner N. Dalhouse, was Dominion Bank.
He explained that he talked with Mr. Dalhouse in March 1988, in an
attempt to convince Dominion Bank to commit to this site; however, Mr.
Dalhouse's first reaction was negative. He stated that he then pre-
sented to Mr. Dalhouse studies prepared by RTKL in order to set forth
what the City planned to do and at the same time endeavor to explain
the merits of the site, and once Mr. Dalhouse saw what the project
would do for the City, he changed his mind. He advised that the public
should know that Dominion Bank entered into the project because it
wanted to do something beneficial for the City of Roanoke. He stated
that Dominion Bank, as an employer of 2000 people, is an important
ingredient to this community; that it is the headquarters of a major
bank holding company that has locations in three states in the
southeast and to keep that kind of corporate citizen domiciled in the
City of Roanoke is a large component of the future of this community.
Mr. Faison pointed out that traffic should not be an issue for
anyone who has taken the time to study the RTKL report, tie stated that
with this project, the City will have the very best of civic respon-
sibility from one of the more responsible and public spirited organiza-
tions in this country. He commented that the City of Roanoke has a
heart and a spirit that is unmatched in most cities. He added that the
proposed project is an opportunity to knit the downtown area together
which will have enormous positive repercussions' to the community, to
downtown, and has already produced at least a portion of the reason
that Virginia Tech invested its money and expertise into The Hotel
Roanoke for the benefit of the entire community. He stated that he
hoped the result of the project will be 100 per cent positive for the
Roanoke community; that this project will be something that the people
of the entire southwest Virginia area will take pride in because it is
not just the building, but the connection and the linkage that pulls
downtown together and makes it the true economic center of southwest
Virginia.
Mr. J. H. Johnson, 1103 Overland Road, S. W., appeared before
Council and advised that he was not present to point a finger of accu-
sation at anyone or at any project. He spoke in favor of leaving the
Viaduct in its present location, and suggested that the City find a
suitable site for the proposed office tower at another location in
downtown Roanoke. He advised that he represented all of the elderly
citizens who were unable to attend the meeting and express their views.
Mr. David Cory, 3419 Ashmead Drive, S. W., appeared before
Council and called attention to the need to keep the Viaduct in its
preserit location. He stated that if the future of the Roanoke Valley
depends on the proposed office tower project, it should be constructed
on a site that needs to be revitalized. He further stated that it
would seem that if so much of the City's future depends on this pro-
ject, moving it just a few blocks would not be that great a burden. He
added that he could name sites within a three block radius in the down-
town area that are crying for a project like this which would leave the
main arteries of travel alone. He pointed out that the financial
future of Roanoke and of the downtown area depends upon how well traf-
fic can move through downtown, and reminded Council that the Roanoke
City Council now lives in a "glass house" so to speak due to the
upcoming consolidation vote, and the voters of Roanoke County are
keeping a close eye on how receptive Roanoke City is to the wishes of
its citizens. He stated that he hoped that Council Members had not
already made up their minds before the meeting to remove the Jefferson
Street leg of the Hunter Viaduct, and urged that Council reflect the
wishes of the people who voted them into office which should be the
first order of business. He requested that the Viaduct be left in its
present location.
535
Mr. Ted H. Key, Executive Director, Williamson Road Area Business
Association, appeared before Council and advised that the Association
encompasses businesses and professional offices in the northwest area,
with current membership at 178. He stated that the Association unani-
mously adopted a measure in favor of the recommendations contained in
the Focus '89 study.
Mr. H. M. McCall, Jr., 1313 Peters Creek Road, N. W., appeared
before Council and advised that he was not opposed to the construction
of new buildings in downtown Roanoke, and he was in accord with
everything Council proposed to do, with the exception of removal of the
Jefferson Street leg of the Viaduct. He stated that he remembered a
day when there was no Viaduct, instead there were privately owned
buildings and privately run businesses in that same location. He
raised the question as to why these private business people left the
site, advising that they left because a previous Mayor and City
Council -- the affluent business community of this area -- and more
importantly the voters, by referendum, approved a bond issue to
construct the Viaduct in order to resolve the traffic problems that
existed. He stated that one of the problems the City has faced through
the years in the downtown area is the construction of highway or street
links between the north and south sides of the City. He advised that
at the present time, there are three traffic arteries in downtown
Roanoke to handle immediate downtown traffic needs; viz: the present
Hunter Memorial Viaduct, the Henry Street Bridge, and the grade
crossing at Commerce Street, which is subject to use by the railroad.
He further advised that the main artery through the downtown area is by
way of the Viaduct, and it is difficult to believe that the site is so
important that it must be taken from public domain and given back to
the private sector. He stated that Council will make the greatest
mistake in the history of the City of Roanoke if it allows that to hap-
pen. He added that the Viaduct should be left in place and the deve-
loper should be encouraged to seek other sites for the proposed office
tower.
Mr. Walton Rutherfoord, 1851 Greenwood Road, S. W., appeared
before Council and advised that he supported the development of the
proposed office tower at the Viaduct site. He stated that he and his
brother are co-owners of the Thomas Rutherford Insurance Company pro-
perty which is located across the street from the site in question and
had been referred to on numerous occasions, and added that the property
is not for sale. He advised that a considerable amount of time and
money was spent in the last year renovating the building, and it would
be at least four to five years before they would consider the incon-
venience of relocating.
Mr. William Valentine, 3321 Birchwood Avenue, S. W., appeared
before Council and advised that a study was prepared with no alter-
natives provided, except one solution as to how the City can be
improved. He asked that Council consider if there are alternatives to
removal of the Viaduct; that those alternatives should be put in place
and any complications should be worked out before final action is
taken. He stated that in prudence, it would be better to put the solu-
tions in place before more problems are created.
Ordinance No. 29855-112090 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowles
and Mayor Taylor .............. 6.
NAYS: Council Member Bowers 1.
Mr. Trout offered the following Resolution:
(#29856-112089) A RESOLUTION endorsing a certain Downtown
Development Project described and recommended by the City Manager in
his report to Council, dated November 20, 1989; expressing the intent
of City Council to finance certain public improvements in connection
with such Project through issuance of general obligation bonds in an
aggregate principal amount not to exceed $6.8 million pursuant to the
Public Finance Act; establishing a public hearing with respect to adop-
tion of an ordinance or resolution authorizing the issuance of such
bonds; directing the City Attorney to prepare a notice of such public
536
ACTION:
ACTION:
ACTION:
ACTION:
hearing pursuant to the Public Finance Act and authorizing the City
Attorney to prepare such ordinances and resolutions as may be necessary
in conjunction with such bond issue; and directing the City Clerk to
cause notice of the required public hearing to be published pursuant to
the Public Finance Act.
(For full text of Resolution, see Resolution Book No. 51, page 448.)
Mr. Trout moved the adoption of Resolution No. 29856-112089. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowles and Mayor Taylor ...................... 6.
NAYS: Council Member Bowers-
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29857) AN ORDINANCE authorizing an Agreement for Real Estate
Sale and For Acquisition of Parking Facility between the City of
Roanoke, the City of Roanoke Redevelopment and Housing Authority, and a
limited partnership of which Henry J. Fatson shall be guarantor;
authorizing the conveyance of certain parcels of land owned by the City
to the City of Roanoke Redevelopment and Housing Authority; authorizing
the purchase of certain completed realty constituting a public off-
street parking facility by the City; and authorizing the execution of
related documents between the parties.
(For full text of Ordinance, see Ordinance Book No. 51, page 453.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowles and Mayor Taylor .............................................. 6.
NAYS: Council Member Bowers 1.
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29858) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 454.)
The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowles
and Mayor Taylor ..................... 6.
NAYS: Council Member Bowers 1.
Mr. Garland offered the following emergency Ordinance:
(#29859-112089) AN ORDINANCE accepting the bid of Branch
Highways, Inc., for demolition of Hunter Viaduct (Spans I through 4),
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 449.)
Mr. Garland moved the adoption of Ordinance No. 29859-112089. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowles and Mayor Taylor ............. 6.
NAYS: Council Member Bowers. 1.
537
ACTION:
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29860-112089) AN ORDINANCE authorizing execution of an
Agreement between the City and the City of Roanoke Redevelopment and
Housing Authority (the Authority), upon certain terms and conditions,
memorializing the obligations of the parties with respect to expenses
to be incurred and revenues to be collected by the Authority in per-
forming under a certain Agreement relating to the redevelopment of cer-
tain parcels of land in the Authority's Central Roanoke Conservation
Area by construction of an office tower and parking garage thereon by
the Redeveloper; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 450.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29860-112089.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowles and Mayor Taylor- 6.
NAYS: Council Member Bowers
The following Disclosure Declarations were filed in the City
Clerk's Office prior to 5:00 p.m., on Tuesday, November 21, 1989, by
the Honorable Noel C. Taylor, Mayor, and the Honorable Beverly T.
Fitzpatrick, Jr., Vice-Mayor:
"1. I, Noel C. Taylor, am Mayor of the City of
Roanoke. I am also a member of the Board of
Directors of Dominion Bank.
2. This declaration relates to City Council's
consideration on November 20, 1989, of matters
relating to closure of the Hunter Viaduct and its
demolition; entry into an agreement with the deve-
loper of a downtown office tower; conveyance of
City-owned land for such development; and issuance
of general obligation bonds of the City to finance
purchase of a public parking facility and other
public improvements. Favorable action by Council
with respect to such matters will permit the
construction of a private office building in which
Dominion Bankshares may lease office space.
3. Although no contracts or transactions involv-
ing Dominion Bank are anticipated, based on the
foregoing facts, a business or group, or which
I am a member may be perceived to be affected by my
votes on these matters.
4. I am able to participate in these transactions
fairly, objectively and in the public interest.
5. Although I have been advised that the matters
before Council are issues that affect the public
generally, this declaration is being filed out of
an abundance of caution and upon the advice of the
City Attorney.
6. This declaration shall be filed by the City
Clerk among the permanent papers of the City on or
before the close of business on November 20, 1989,
and shall be retained and made available for public
inspection for a period of five years from the date
of filing.
November 20, 1989
S/Noel C. Taylor
Noel C. Taylor
Mayor
538
ACTION:
1. l, Beverly T. Fitzpatrick, Jr., am Vice-Mayor
of the City of Roanoke. I am also an employee of
Dominion Bankshares.
2. This disclosure relates to matters before City
Council on November 20,1989, relating to closure of
the Hunter Viaduct and its demolition; entry into
an agreement with the developer of a downtown
office tower; conveyance of City-owned property for
such development; and issuance of general obliga-
tion bonds of the City to finance purchase of a
public parking facility and other public improve-
ments. Favorable action by Council with respect to
such matters will permit the construction of a pri-
vate office building in which Dominion Bankshares
may lease office space.
3. I understand that, based on the foregoing
facts, a business or group of which I am a member
may be perceived to be affected by my votes on
these matters.
4. I am able to participate in these transactions
fairly, objectively and in the public interest.
5. Although I have been advised that the matters
before Council are issues that affect the public
generally, this declaration is, nevertheless, being
filed out of an abundance of caution and upon the
advice of the City Attorney.
6. This declaration shall be filed by the City
Clerk among the permanent papers of the City on or
before the close of business on November 20, 1989,
and shall be retained and made available for public
inspection for a period of five years from the date
of filing.
S/Beverly T. Fitzpatrick,'Jr.
Beverly T. Fitzpatrick, Jr.
Vice-Mayor"
(For full text, see Disclosure Declarations on file in the City Clerk's
Office.)
SPECIAL PERMITS-BLUE CROSS/BLUE SHIELD: The City Manager sub-
mitted a written report advising that Council annually grants permit
requests for the installation of holiday decorations on City-owned
light standards and other facilities, including trees located in the
downtown business district; and Blue Cross Blue Shield of Virginia has
requested permission to decorate the Linden trees in Key Plaza from
November 23, 1989, through January 15, 1990.
The City Manager recommended that Council grant permission to Blue
Cross Blue Shield of Virginia to decorate the Linden trees in Key Plaza
from November 23, 1989, through January 15, )ggo.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29861-112089) A RESOLUTION authorizing a revocable permit to
Blue Cross Blue Shield of Virginia for the attachment or installation
of certain holiday decorations to certain City-owned trees in Key
Plaza; upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 51, page 450.)
Mr. Bowers moved the adoption of Resolution No. 29861-112089. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
539
AYES: Council Members Fitzpatrick,
Bowers, Bowles and Mayor Taylor ..............
NAYS: None ...........................
Garland, Musser, Trout,
7.
REPORTS OF COMMITTEES:
BUDGET-WATER DEPARTMENT: Council Member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for replacement of treatment equipment and appurtenances at
the Falling Creek Water Plant, presented a written report on behalf of
the committee, recommending that Council take the following actions:
The City Manager be authorized to enter into Phase
{1) contract with the low bidder, Acorn Construc-
tion, Ltd., as follows:
Phase I
Award an unconditional contract for the
long delivery bid item as follows:
One Microfloc
Modular Water Treatment Plant
Model AQ-3OOB and associated
equipment
Total Price
$246,881.00
Delivery time - 16 weeks after approval
of shop drawings by the City Engineer.
Phase II Modified bid to be extended and con-
sidered at a future date.
The Director of Finance to appropriate $246,881.00
from Water Fund Retained Earnings, to a capital
account entitled, Falling Creek Plant Rehab for the
Phase I contract amount.
Reject all other bids received.
The City Manager submitted a written report concurring in the
recommendations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29862-112089) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Water Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 451.)
ACTION:
Mr. Garland moved the adoption of Ordinance No. 29862-112089. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...... 7.
NAYS: None--- O.
Mr. Garland offered the following emergency Ordinance:
(#29863-112089) AN ORDINANCE accepting the bid of Acorn
Construction, Ltd., for certain water treatment plant equipment for the
Falling Creek Water Plant, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
provide for phasing of the Falling Creek Water Plant renovations, upon
certain terms and conditions; rejecting all other bids made to the City
for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 452.)
540
ACTION:
ACTION:
ACTION:
Mr. Garland moved the adoption of Ordinance No. 29863-112089. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ..... 7.
NAYS: None ...................
UNFINISttED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 29837 amending certain conditions proffered
in conjunction with the rezoning of two parcels of land located on
Hawthorne Road, N. W., containing 0.253 and 0.217 acre, described as
Lots 4A and 5A, Map of Airlee Court, Official Tax Nos. 2190408 and
2190409, having previously been before the Council for its first
reading on Monday, November 13, 1989, read and adopted on its first
reading and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final adoption:
(#29837-112089) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code
of the City of Roanoke (1979), as amended, and Sheet No. 219, Sectional
1976 Zone Map, City of R~.~noke, in order to amend certain conditions
presently binding upon certain property previously conditionally
rezoned from RS-3, Residential Single Family District, to RM-1,
Residential Multi-Family District.
(For full text of Ordinance, see Ordinance Book No. 51, page 438.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29837-112089.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........ --7.
NAYS: None .......
De
ZONING: Ordinance No. 29838 rezoning a tract of land lying in
Block 23, Lot 1, Washington Heights, Official Tax No. 2761501, con-
taining .15 acre, more or less, located at 3834 Virginia Avenue, N. W.,
from RS-3, Residential Single Family, Medium Density District, to C-1,
Office District, subject to certain conditions proffered by the peti-
tioner, having previously been before the Council for its first reading
on Monday, November 13, 1989, read and adopted on its first reading and
laid over, was again before the body, Mr. Musser offering the following
for its second reading and final adoption:
(#29838-112089) AN ORDINANCE to amend §36.1-3, Code of the City
of Roanoke (1979), as amended, and Sheet No. 276, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 439.)
Mr. Musser moved the adoption of Ordinance No. 29838-112089. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... -7.
NAYS: None ........
ZONING: Ordinance No. 29839 rezoning a tract of land containing
1.55 acre, abutting an industrial district, located at 1015 Georgia
Avenue, N. E., described as Lots I - 8, inclusive, Block 6, Fairmont,
Official Tax No. 3061401, from RM-1, Residential Multi-Family, Low
Density District, to C-1, Office District, subject to certain con-
ditions proffered by the petitioner, having previously been before the
Council for its first reading on Monday, November 13, 1989, read and
adopted on its first reading and laid over, was again before the body,
Mr. Fitzpatrick offering the following for its second reading and final
adoption:
ACTION:
ACTION:
ACTION:
(#29839-112089) AN ORDINANCE to amend §36.1-3, Code of the City
of Roanoke (1979), as amended, and Sheet No. 306, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 440.)
Mr. Fitzpatrick moved the adoption of Ordinance No, 29839-112089.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Fitzpatrick Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor-
vote:
AYES: Council Members Fitzpatrick,
Bowers, Bowles and Mayor Taylor---
NAYS: None-
Garland, Musser, Trout,
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
NAYS: None
STREETS AND ALLEYS-PARKS AND PLAYGROUNDS: Ordinance No. 29840
permanently discontinuing an alley 25 feet wide, and approximately
656.75 feet long, alongside the western border of property located
at 929 Mountain View Terrace, S. W., along the back property lines of
those property owners on the west side of said alley, and leading from
Mountain View Terrace into Norwich Park, as a public right-of-way and
transferring the real property formerly dedicated a public right-of-
way to the control of the Parks and Recreation Department of the City
of Roanoke, having previously been before the Council for its first
reading on Monday, November 13, 1989, read and adopted on its ftrst
reading and laid over, was again before the body, Mr. Musser offering
the following for its second reading and final adoption:
(#29840-112089) AN ORDINANCE permanently discontinuing a certain
public right-of-way as a public right-of-way and transferring the real
property formerly dedicated a public right-of-way to the control of the
Parks and Recreation Department of the City of Roanoke, as is more par-
ticularly described hereinafter.
(For full text of Ordinanue, see Ordinance Book No. 51, page 441.)
Mr. Musser moved the adoption of Ordinance No. 29840-112089. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor-- - ...... 7.
NAYS: None--
COUNCIL-NATIONAL LEAGUE OF' CITIES: Mr. Trout offered the follow-
ing resolution cancelling the meeting of the Council of the City of
Roanoke scheduled for Monday, November 27, 1989, at 2:00 p.m., inasmuch
as a majority of the Members of Council would be in attendance at the
National League of Cities Annual Conference scheduled to be held
November 25 through 29, 1989, in Atlanta, Georgia:
(#29864-112089) A RESOLUTION cancelling the meeting of the
Council of the City of Roanoke scheduled for Monday, November 27, 1989,
at 2:00 p.m.
(For full text of Resolution, see Resolution Book No. 51, page 453.)
Mr. Trout moved the adoption of Ordinance No. 29864-112089. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
542
OTHER HEARINGS OF CITIZENS:
HUNTER MEMORIAL VIADUCT-DOWNTOWN OFFICE TOWER PROJECT: Mr.
William Valentine, 3321Birchwood Avenue, S. W., again appeared before
Council in connection with removal of the Jefferson Street leg of the
Viaduct, and advised that Council is charged with the responsibility of
doing what is best for the citizens of the City of Roanoke, but
somewhere along the line, in its efforts to do what is best for the
City, there has been a slight abridgement as far as asking the citi-
zens, over whom Council is charged, for input. He stated that he was
not sure that the system would ever change enough to allow full citizen
input, but if Council continues to do such things in a manner where
public referendum is not invited, where public access is not made con-
venient, i.e., larger meeting facilities to accommodate citizens, even-
tually the citizens of Roanoke will get the feeling that they are not
the people who make the decisions. He advised that he realized that
there would be money to be saved if there were some kind of merger of
governments and asked how the people in Roanoke County, who are already
wary of big City Government, are supposed to feel when suddenly they
find that there is another "done deal". He stated that he applauded
the desire of Council to make the City a better place, but somewhere
along the line the citizens have the right to possibly impede or work
against those ideas that Council refers to as betterment. He advised
that the citizens of the City, at some time, have the right to do those
things that Council may not consider to be for the ultimate betterment
of the City of Roanoke, and it is only through people being allowed a
chance to make their views known and through the citizens being allowed
to make mistakes, that they will become better participants in the
society to which Council presides over. He added that Council has to
make the ultimate decisions, but if there comes a time when numerous
decisions are made without the input of citizens or against the will of
a large group of citizens, this type of Council may be replaced by a
ward system, advising that if a ward system is established, he would
hope that people with the necessary knowledge would be elected to those
positions. He advised that in a ward system, each of the persons
elected have a direct responsibility to the citizens who reside in
those districts, and in most instances, when a wardsman or wardswoman
has not listened to the wishes of his or her constituents, they find
themselves voted out of office. He stated that at the public hearing
on Monday, November 13, 1989, where the legal advertisement was minimum
at best, it was reported that there was a 50 - 50 response of citizens,
both pro and con, on the removal of the Jefferson Street leg of the
Viaduct, advising that if ample notice had been given in a prominent
place, the odds might not have been 50 - 50. He stated that he was
not as disturbed by the specific issue of the Viaduct as he was at
what seems to be a tremendous step being taken by the City with no
thought or general input invited by the citizenry at large. He further
stated that he hoped Council would refrain from this practice in the
future on controversial issues because it is the right of the citizens
to make mistakes and to occasionally find their decisions going against
the grain because they will never learn to make better decisions if
they are not given a chance to make bad ones.
COMPLAINTS-POLICE DEPARTMENT: The Reverend Carl T. Tinsley,
representing the Gainsboro area of the City, appeared before Council in
connection with the selling and distribution of drugs in the Gainsboro
area. He invited the Members of Council to drive up Harrison Avenue or
Rutherford Avenue or Fairfax Avenue, N. W., anytime during the day or
night and they would see people pushing drugs on the streets. He
stated that citizens of the area need to be assured that they will be
safe in their own homes and implored the Members of Council to cause
corrective action to be taken by the City.
The Mayor advised that the matter would be referred to the City
Manager for appropriate disposition.
543
ATTEST:
There being no further business, the Mayor declared the meeting
adjourned at 5:55 p.m.
City Clerk
APPROVED
544
SPECIAL MEETING ROANOKE CITY COUNCIL
December 4, 1989
12:30 p.m.
The Council of the City of Roanoke met in special meeting in the City
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, December 4, 1989, at 12:30 p.m., pursuant to
Section 10, Meetings of Council, of the Roanoke City Charter; and pursuant to
communication from the Mayor under date of November 30, 1989, with Mayor Noel C.
Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor .......... 7.
ABSENT: None .................. O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor referred to the following communication calling the spe-
cial meeting of Council:
"November 30, 1989
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the
Roanoke City Charter, please be advised that I am
calling a Special Meeting of the Council of the
City of Roanoke on Monday, December 4, 1989, at
12:30 p.m., in the City Council Chamber, fourth
floor of the Municipal Building. The purpose of
the Special Meeting will be to receive a briefing
with respect to the status of planning negotiations
relating to the proposed consolidation of the City
of Roanoke and Roanoke County.
The meeting will be held in lieu of the Special
Meeting which was originally scheduled to follow
the regular meeting of City Council at 2:00 p.m
Si ncerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor"
COUNCIL: Mr. Bowers moved that Council convene in Executive
Session to discuss the status of planning negotiations relating to the
proposed consolidation of the City of Roanoke and the County of
Roanoke, pursuant to Section 2.1-344 (A) {7), Code of Virginia (1950),
as amended. The )notion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............................. 7.
NAYS: None O.
545
At 12:45 p.m., the Mayor declared the special meeting in recess.
At 1:55 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
ACTION:
COUNCIL: Mr. Fitzpatrick moved with respect to the Executive
Session just concluded, that each Member of City Council certify to the
best of his or her knowledge that: (1) only public business matters
lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Executive Session was
convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor- 7.
NAYS: None ....
There being no further business, the Mayor declared the special
meeting adjourned at 2:00 p.m.
APPROVED
ATTEST:
City Clerk
546
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 4, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, December 4, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, ~
~, of Section 2-15, Rules of Procedure, Code of the City of Roano~
~l, as amended.
PRESENT: Council Members Robert A. Garland, Howard E. Musser, James O.
Trout, David A. Bowers, Elizabeth T. Bowles and Mayor Noel C. Taylor .......... 6.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr. 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Dr. John Newman, Chaplain,
Roanoke Memorial Hospitals.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss and consider
the use of real property for public purpose, and the disposition of
publicly held property, specifically the use and disposition of such
properties in connection with potential downtown development.
PENDING LIST: A list of items pending from July 10, 1978, through
November 20, 1989, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Trout, Bowers, Bowles and Mayor
Taylor .......... --5.
NAYS: Council Member Musser ......... 1.
(Vice-Mayor Fitzpatrick was absent.)
HOUSING (FAIR HOUSING BOARD): A report of qualification of Mr.
Hugh A. Meagher as a member of the Fair Housing Board, for a term of
three years ending March 31, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Garland, Trout, Bowers, Bowles and Mayor
Taylor ....... --5.
NAYS: Council Member Musser .......
(Vice-Mayor Fitzpatrick was absent.)
-1.
547
tl
ACTION:
ACTION:
ACTION:
ACTION:
ARCHITECTURAL REVIEW BOARD: A report of qualification of Mr.
W, L. Whitwell as a member of the Architectural Review Board, for a
term of four years ending October 1, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Garland, Trout, Bowers, Bowles and Mayor
Taylor ........ -5.
NAYS: Council Member Uusser ..........
(Vice-Mayor Fitzpatrick was absent.)
-1.
YOUTH (YOUTH SERVICES CITIZEN BOARD): A report of qualification
of Ms. Mollie C. DeBerry as a member of the Youth Services Citizen
Board, for a term of three years ending May 31, 1992, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES:
Taylor-
Council Members Garland, Trout, Bowers, Bowles and Mayor
NAYS: Council Member Musser ....... .-1.
(Vice-Mayor Fitzpatrick was absent.)
LIBRARIES (LIBRARY BOARD): A report of qualification of Mr.
Delvis O. McCadden as a member of the Roanoke Public Library Board, for
a term of three years ending June 30, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Garland, Trout, Bowers, Bowles and Mayor
Taylor ........ .-5.
NAYS: Council Member Musser ......... -1.
(Vice-Mayor Fitzpatrick was absent,)
SCHOOLS (SCHOOL BOARD): A report of qualification of Messrs.
Thomas L. Orr and Guy W. Byrd, dr., as Trustees of the Roanoke City
School Board, for terms of three years, each, commencing July 1, 1989,
and ending June 30, lg92, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Garland, Trout, Bowers, Bowles and Mayor
Taylor ....... -5.
NAYS: 'Council Member Musser .......
(Vice-Mayor Fitzpatrick was absent.)
.1.
548
ACTION:
ACTION:
ACTION:
INDUSTRIES (INDUSTRIAL DEVELOPMENT AUTHORITY): A report of quali-
fication of Messrs. Stanley R. Hale and Russell O. Hannabass as
Directors of the Industrial Development Authority of the City of
Roanoke, for terms of four years, each, endin9 October 20, 1993, was
before Council.
(See Oaths or
Office.)
Affirmations of Office on file in the City Clerk's
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Garland, Trout, Bowers, Bowles and Mayor
Taylor .............. 5.
NAYS: Council Member Musser ....
(Vice-Mayor Fitzpatrick was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss and consider the use of real property for public
purpose, and the disposition of publicly held property, specifically
the use and disposition of such properties in connection with potential
downtown development, pursuant to Section 2.1-344 (A) (3), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss and consider a
matter regarding the use of real property for public purpose, and the
disposition of publicly held property, specifically the use and dispo-
sition of such properties in connection with potential downtown deve-
lopment, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950),
as amended. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Garland, Trout, Bowers, Bowles and Mayor
Taylor ........... 5.
NAYS: Council Member Musser ..........
(Vice-Mayor Fitzpatrick was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES): Mr. Robert Lynn,
representing Mental Health Services of the Roanoke Valley, appeared
before Council and presented a progress report on services provided to
the citizens of the City of Roanoke.
Mr. Trout moved that the ~eport be )eferred to the City Manager
for his information. The motion was seconded by Mr. Garland and
adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting appropriation of $4,600.00 for the Staff Development
Title II Program, advising that the program is one hundred per cent
reimbursed by Federal funds; and also requesting appropriation of
Capital Maintenance and Equipment Replacement funds for the following,
was before Council.
549
Computer Science Expansion
Textbook Adoptions
Instructional Equipment Replacement
Facility Maintenance
School Boiler System Replacement
Oakland Elementa~ School Renovation
Asbestos Removal
Roof Renovation
$ 60,000.00
350,000.00
157,555.00
75,000.00
125,000.00
250,000.00
550,000.00
300.000.00
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the Capital
Maintenance and Equipment Replacement Program allocation for the School
Board for fiscal year 1990 is $2,135,722.00, of which $268,167.00 was
previously appropriated, leaving a balance of $1,867,555.00; that the
request will fully appropriate the School Board's remaining CMERP
funds; that the request will also appropriate $4,600.00 in Federal
grant funding for the Staff Development Title II Program; and recom-
mending that Council concur in the request of the School Board, was
also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29865-12489) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 456.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29865-12489. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ....... 6.
NAYS: None ........ O.
(Vice-Mayor Fitzpatrick was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
HOUSING: The City Manager submitted a written report advising
that application to the Virginia Department of Housing and Community
Development (DHCD) for the Single Family Rehabilitation and Energy
Conservation Loan Program was approved by Council on December 19, 1988;
that execution of the Administrative Agreement with the Department was
authorized by Council on March 27, 1989, for a $300,000.00 allocation
under the Single-Family Rehabilitation and Energy Conservation Loan
Program; and the allocation is proposed to be used for the following
three purposes:
"In conjunction with the Home Purchase Assistance
Program. In this program, $240,000.00 in Community
Block Grant (CDBG) funds, already allocated by
Council to this initiative will allow the City to
provide loans to low-moderate income households
agreeing to buy approximately 18 - 20 certain iden-
tified substandard houses. Funds provided from the
State's Program will be loaned for the rehabilita-
tion, up to $20,000.00 per house. The Program to
be administered jointly by the City and the Roanoke
Redevelopment and Housing Authority (RRHA) as
outlined in the City's current contract for ser-
vices with the Housing Authority.
550
ACTION:
In conjunction with the existing Critical Home
Repair Program. This Program already provides
grants of up to $6,000.00 each to make critically
needed repairs to the homes of low income
homeowners. The State's Program provides forgi-
veable loans for energy conservation repairs to
appropriate houses in the Critical Home Repair
Program. In this way, additional money-saving
improvements may be made at no cost to the
homeowner.
Loans for rehabilitation of other houses of low-
moderate income families or individuals."
It was further advised that Home Purchase Assistance Program
guidelines provide that the City will target vacant single-family
houses described as follows:
Located within Conservation Areas or Rehabilitation
Districts.
In apparent good structural condition.
In need of significant repair, but repairs needed
are not likely to exceed $20,000.00.
In strategic locations expected to be reasonably
attractive to propsective buyers.
Reasonably concentrated to provide a positive
impact within the in~nediate area.
Available for purchase
$10,000.00 - $13,000.00.
at approximately
It was explained that the City Administration has determined the
Belmont Conservation Area and the Fallon Park, Kenwood, and Morningside
Rehabilitation Districts as areas having a significant number of
houses that fall within the parameters of the Program; and the deadline
for closing all loans for rehabilitation repairs under the Department
of Housing and Community Development allocation is March 27, 1990.
The City Manager recommended that Council approve initial
targeting of the Program within Conservation Areas and Rehabilitation
Districts in the Southeast Quadrant of the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29866-12489) A RESOLUTION approving initial targeting of the
Home Purchase Assistance Program in Conservation Areas and
Rehabilitation Districts in the southeast quadrant of the City.
(For full text of Resolution, see Resolution Book No. 51, page 457.)
Mr. Bowers moved the adoption of Resolution No. 29866-12489. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ......... 6.
NAYS: None .........
Oe
(Vice-Mayor Fitzpatrick was absent.)
551
ACTION:
BUDGET-SEWERS AND STORM DRAINS-EASEMENTS: The City Manager sub-
mitted a written report advising that a parcel of land between Salem
Avenue and Westport Avenue, S. W., and more specifically known as the
2100 block of Salem Avenue was subdivided on July 21, 1989, and
recorded in the Clerk's Office of the Circuit Court of the City of
Roanoke by the following property owners:
Dodson Specialties, Inc.
The Hub Pattern Corporation
The PDQ Company
John Lamanca, Jr. and Eli M. Rozier
It was further advised that closure of a 12 foot alley was
recorded with the subdivision plat, as authorized by Ordinance No.
29323, but an existing sewer easement within the alley extending along
the back of former Lots 15 - 22, respectively, was retained by the
City; that the Hub Pattern Corporation, with agreement by the other
property owners, has requested that the section of sewer line be aban-
doned and the easement restrictions released; and payment for the cost
of design and construction of a new sewer line that will have to be
relocated in order to provide continued and adequate service to all
properties upstream from the abandonment has been agreed to by the Hub
Pattern Corporation.
It was explained that satisfactory relocation for the new sewer
line that will allow the old sewer to be abandoned has been determined
by the Engineering Department; and the Hub Pattern Corporation has
requested that the work be performed by the City and has agreed to a
cost of $10,065.24 for performing said work.
The City Manager recommended that Council authorize the following:
Abandonment of the subject portion of sewer line as
indicated on a subdivision map and release of the
easement restrictions.
An agreement in a form subject to approval by the
City Attorney between the City of Roanoke and the
Hub Pattern Corporation to allow City forces to
perform the work for a cost of $10,065.24 to the
Hub Pattern Corporation.
Appropriate $5,000.00 of these funds to Account No.
006-056-2625-3005, Utility Line Services Project
Supplies, and establish an account receivable for
$10,065.24 for the reimbursement of costs from the
Hub Pattern Corporation for work performed by the
City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29867-12489) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Sewage and Internal Service Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 457.)
Mrs. Bowles moved the adoption of Ordinance No. 29867-12489. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ......... .6.
NAYS: None ......... O.
(Vice-Mayor Fitzpatrick was absent.)
552
ACTION:
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29868) AN ORDINANCE authorizing the vacation of a certain City
sewer line easement and relocation of the existing sewer line, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 462.)
vote:The motion was seconded by Mr. Bowers and adopted by the following
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ................
---6.
NAYS: None .........
-0,
(Vice-Mayor Fitzpatrick was absent.)
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that bids for alum tank repair at the Water Pollution
Control Plant were received by Council on May 1, 1989, with Structures
& Utilities Co., Inc., submitting the only bid, in the amount of
$44,500.00 and 90 consecutive calendar days construction time; that
additional deterioration of concrete was discovered after removal of
the alum behind the liner to the extent that up to two inches in depth
of concrete had to be removed by sand blasting and chipping to get down
to a sound surface which created an uneven surface to receive the new
liner; that for this reason, the tank had to be treated with a
polyester cement liner/grout/scatch coat to smooth the surface to
receive the liner material; and a reinforcing fiberglass mat had to be
applied to the surface before the originally specified material could
be applied.
It was further advised that original Tank No. I finish consisted
of a plywood liner, galvanized sheet metal and a synthetic rubber sur-
face liner; that there was no way to determine the extent of the
concrete wall deterioration until the finishes had been removed; that
Tank No. 3 is a new tank and does not require concrete repair; and Tank
No. 2 is to remain as it presently exists.
The City Manager recommended that Council approve Chart
~:.. ~ tt ~t ?ntract with Structures & Utilities r, ,.~ ge~r~?
vv., z.~., in ~ne
dmoun~ of SZ§,§?O.O0 and an additional 30 days construction time; and
that the Director of Finance be authorized to encumber $]Z,O?O.O0 from
Water Pollution Control Plant, Maintenance of Buildings and Property
Account No. 003-056-3155-2050, "Alum Tank Repairs - WPCP". '
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#29869-12489) AN ORDINANCE approving the City Manager's issuance
of Change Order No. 1 to the City's contract with Structures &
Utilities Co., Inc., for necessary repairs and improvements to Alum
Tanks at the Water Pollution Control Plant; and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 458.)
Mr. Bowers moved the adoption of Ordinance No. 29869-12489. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .......
6.
NAYS: None ........
'0.
(Vice-Mayor Fitzpatrick was absent.)
ACTION:
INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a
written report advising that Mattern & Craig, P. C., Consulting
Engineers, was awarded an engineering services reimbursement with a cost
ceiling contract, in an amount not to exceed $100,000.00 by Council,
pursuant to Ordinance No. 29589 on May 22, 1989; that contract services
for development feasibility analysis included environmental assurances,
rezoning assistance, geotechnical survey, mapping, and a development
feasibility analysis for the subject site; and three development alter-
natives were prepared by Mattern & Craig, P. C., in an effort to fully
evaluate the proposed use of the Roanoke Centre for Industry and
Technology Addition property; and alternatives were presented to
Council on Monday, September 11, 1989.
It was further advised that additional services which have been
rendered by Mattern & Craig, P. C., include the services of an
archeologist to assist in the archeological and historical evaluation
of the site, at a cost of approximately $4,100.00, which services were
not originally contemplated; that costs incurred to date are $4,578.26
in excess of the $100,000.00 maximum previously authorized by Council;
and development feasibility analysis exceeded the initial estimate by
approximately $12,500.00 due to the evaluation of two additional deve-
lopment schemes suggested by local and state historical interests, as
well as additional public meetings and briefings for discussion and
pretentation of analysis.
It was explained that the Topographic Mapping Phase, previously
estimated at $13,600.00, which was to be part of the $100,000.00
contract, was not authorized due to additional funds needed for the
Development Feasibility Analysis; that a comparison of the original
$100,000.00 fee estimate with the actual updated fee is shown in
Attachment I to the City Manager's report; and an increase in the
contract from $100,000.00 to $118,000.00 will allow for payment of
additional services and enable the Topographic Mapping Phase to be
accomplished.
The City Manager recommended that he be authorized to execute
Change Order No. 1, in the amount of $18,000.00, thereby increasing
the contract to an amount not to exceed $118,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29870-12489) AN ORDINANCE approving the City Manager's issuance
of Change Order No. I to the City's contract with Mattern & Craig,
Consulting Engineers, for engineering services in connection with site
development analysis on an approximately 140-acre tract of land to pro-
vide for additional archeological services, development and feasibility
analysis and related services; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 459.)
Mr. Trout moved the adoption of Ordinance No. 29870-12489. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........ 6.
NAYS: None ..............
OJ
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-LIBRARIES: The City Manager submitted a written report
concurring in a report of a bid committee with regard to the purchase
of a shared automated library system.
The bid committee recommended that Council accept the lowest
responsible bid in consideration of life cycle costing from DRA, in the
amount of $778,975.00, for a Shared Automated Library System with the
County of Roanoke, the City of Salem and the City of Roanoke, as well
as $91,895.00 for implementation services, as follows:
553
554
.Compliance with the requirements:
DRA fully meets all mandatory requirements and pro-
vides other significant capabilities which will
enhance library services.
Projected Project Expenditures:
One time costs fiscal Near 1989-90:
(1) Purchase of hardware and software, to be
shared by the participating jurisdic-
tions, will be approximately $778,975.00.
(2)
Implementation services by DRA, to be
shared by the participating jurisdic-
tions, will be approximately $91,895.00
which includes database preparation and
bar code labels.
(3) Site preparation costs for Roanoke City
will be approximately $20,100.00.
(4)
Temporary help wages will be approxima-
tely $24,678.00 for bar coding materials
in the Main Library and six branches.
(5)
City Information Systems' support costs
for remainder of 89-90, to be shared by
the participating jurisdictions, will be
approximately $27,648.00 to cover system
maintenance, telecon)~unications, and
supplies.
(6)
A new Automation Coordinator position for
the library, to be shared by the par-
ticipating jurisdictions, in the amount
of $11,740.00 for fiscal year 89-90, will
oversee the library aspects of the pro-
ject, and will act as a liaison with the
participating libraries and City
Information Systems.
(7)
A new Programmer Analyst II position for
City Information System to be shared by
the participating jurisdictions, at a
cost for fiscal year 198g-90, in the
amount of $18,913.00, will oversee imple-
mentation, development ongoing main-
tenance and support.
Annual operating costs beginning fiscal year
19g0-91:
(1)
(2)
City Information Systems annual operation
costs, to be shared by the participating
jurisdictions, will be $98,914.00, which
will include hardware and software main-
tenance, telecon~unications and one new
regular position for system support.
Library Automation Coordinator position
for the library, to be shared by the par-
ticipating jurisdictions, will be
$20,336.00, including fringes.
Projected Revenue Sources:
$200,000.00 has been designated in the City's
Capital Maintenance and Equipment Replacement
Program (CMERP) budget for a portion of the
City's costs, including one-time preparation,
initial installation, hardware and software.
555
l
b4
$311,978.00 has been designated in the City's
Internal Service Fund for the remainder of the
City's costs.
The new Automation Coordinator position for
the library will be funded from the Con-
tingency Reserve Account for fiscal year
1989-90, in the amount of $5,870.00, for the
City's portion of the shared costs.
The new Programmer Analyst II position for
City Information Systems will be funded from
the Contingency Reserve Account for fiscal
year 1989-90, in an amount of $9,457.00 for
the City's portion of the shared costs.
Reimbursements from Roanoke County of
$368,362.00 for their portion of the project
costs, including new shared positions, will be
received over the next three years. Any
unpaid balance will earn an 8.75% interest
rate.
fe
Revenue from the City of Salem of $78,282.00,
for their portion of the project costs,
including new shared positions, will be
received as implementation costs occur.
Cooperative Agreement:
The cooperative
following points:
agreement includes the
(1)
The City of Roanoke shall house the
central site components and provide
related operations services.
(2)
The participating jurisdictions will
jointly own the central site components
and telecommunication equipment purchased
on a shared basis wi th proportional
equity according to the percentages
stated bel ow.
(3)
Each library will contribute to the
shared costs using the following percen-
tages based on circulation, number of
circulating points, titles owned, and
number of terminals in each library
system:
(4)
Roanoke City - 50%
Roanoke County - 42%
Salem City - 8%
The City of Roanoke will finance
$300,000.00 of Roanoke County's share
over a period of three years.
t Jmi
The agreement has been signed by the Salem
City Manager and will have to be signed by the
Roanoke County Administrator and the Roanoke
City Manager or his designee.
It was further recommended that Council appropriate $973,949.00 to
the following accounts, and that all other bids be rejected.
556
ACTION:
ACTION:
$200,000.00
311,978.00
368,362.00
78,282.00
15,327
CMERP funds
Internal Service Funds
Retained Earnings
Reimbursed by Roanoke
County
Reimbursed by Salem
Transferred from General
Fund Contingency
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29871-12489) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Internal Service Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 459.)
Mr. Trout moved the adoption of Ordinance No. 29871-12489. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .......................................................... 6.
NAYS: None ...............
O.
(Vice-Mayor Fitzpatrick was absent,)
Mr. Trout offered the following emergency Ordinance:
(#29872-12489) AN ORDINANCE authorizing the City to enter into a
cooperative agreement with the County of Roanoke and the City of Salem
establishing terms and conditions whereby the automated library system
shall be jointly owned and the costs of said system equitably shared;
accepting a bid and awarding a contract for the purchase of an auto-
mated library system, with such acceptance and award being expressly
conditioned upon the City entering into a cooperative agreement with
the City of Salem and the County of Roanoke; authorizing the proper
City officials to execute the requisite contract upon execution of the
cooperative agreement by the City of Salem and the County of Roanoke;
rejecting other bids made to the City; and directing that the City
Clerk transmit copies of this ordinance to the governing bodies of the
other political subdivisions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No, 51, page 460.)
Mr. Trout moved the adoption of Ordinance No. 29872-12489. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........... 6.
NAYS: None ................ O.
(Vice-Mayor Fitzpatrick was absent.)
TAXES-FLOOD REDUCTION/CONTROL-UTILITIES: The City Manager sub-
mitted a written report advising that the Flood Reduction Project
through Roanoke was outlined in an Environmental Impact Statement and
Feasibility Report, dated January 1984; that the project consisted of
flood reduction elements, viz: channel widening, dikes, floodwalls,
floodproofing, recreation and an early warning system; that a Letter of
Intent was forwarded to the Corps of Engineers on June 27, 1988, for a
project with a total estimated cost of $31,000,000.00 and a
local non-federal estimate of $14,490,250.00, with a benefit to cost
ratio of approximately 1.15 to 1.
1
It was further advised that City voters approved a bond referendum
in April, 1989 authorizing the issuance of up to $7,500,000.00 for the
Roanoke River Flood Reduction Project; that prior to the referendum,
the City Manager stated that he would recommend up to a two per cent
increase in the utility tax to pay the bond debt payments for the pro-
ject; and a general design memorandum was distributed in June, 1989 for
general review and is scheduled to be approved by the Assistant
Secretary of the Army for Civil Works by December 15, 1989.
It was explained that City staff has reviewed the proposed local
cooperative agreement and negotiated a revised agreement with the Corps
of Engineers; that Federal regulations do not allow the local sponsor
to begin land acquisition prior to executing the local cooperative
agreement; that the local cooperative agreement is scheduled to be
signed by all parties in January, 1990; that the City needs to imple-
ment any tax increases associated with the project to ensure that a
funding source is available for its obligation as outlined in the
agreement; and additional funds are needed once land acquisition
begins.
It was further explained that current project funding estimate is
as follows:
TOTAL FEDERAL NON-FEDERAL
Project Estimate: $33,916,056.00
Buy/Floodproof/
Resale: 500.000.00
Floodproof Structures
Critical to Flood
Reduction Project 250,000.00
$20,546,820.00
0
$13,369,236.00
500,000.00
0 250,000.00
$34,666,056.00 $20,546,820.00 $14,119,236.00
Budget breakdown:
1. Estimated City Financial Commitment $14,119,236.00
2. Deduct:
a) Land Donations -$3,920,750.00
b) Water and Sewer
Fund - 469,097.00
c) Funding to Date - !,367,024.00
d) State Recreation
Funding - 862,365.00
Total Deductions
-$ 6,619,236.00
e
Net Estimated Unfunded Local Cost:
$ 7.,500,000.00
557
Annualized Budget for Project:
1. $7,500,000.00 Bond Amortized over
20 Years assuming interest rate
of 7.14%
2. Annual Maintenance Expenses
Total Annualized Cost:
$ 715,669.00
100,000.00
$ 815,669.00
Utility Tax Structure required to meet annual budget obliga-
tion is as follows:
12% utility tax rate;
Cap of $15.00/month for purchaser of
electricity or gas where electricity or
gas is the principal source of space
heating in a purchaser occupied home or
residential unit for the period of
October I through May 31 of each year.
558
ACTION:
ACTION:
Utility companies require 60 days from authoriza-
tion of a tax increase to actual implementation.
The City Manager recon~nended that Council authorize a public
hearing to be held on Monday, December 18, 1989, at 2:00 p.m., to con-
sider establishing the utility tax structure as above set forth, and
authorize execution and implementation of the Local Cooperative
Agreement for the Roanoke River Flood Reduction Project and any
necessary accompanying documentation, in a form subject to approval by
the City Attorney once the appropriate funding has been established.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the recommendation of the
City Manager, and that a public hearing be scheduled for Monday,
December 18, 1989, at 2:00 p.m., or as soon thereafter as the matter
may be heard by the Council. The motion was seconded by Mr. Bowers and
adopted.
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted copy of the
financial report of the City of Roanoke for the month of October, 1989.
(For full text, see financial report on file in the City Clerk's
Office.)
Mr. Trout moved that the financial report be received and filed.
The motion was seconded by Mr. Garland and adopted.
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS: Council Member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, submitted a written report
on behalf of the Committee, with regard to new sanitary sewer lines for
new storm drainage construction in the Williamson Road area.
A staff report explained that extension of sanitary sewers within
the City occurs by established policy, as follows:
Upon proper application for extension of a public
sanitary sewer, the City may bear one-half of the
cost of the first 300 feet, with the applicant
bearing the full cost of extensions over 300 feet.
Each applicant pays 100% of the cost of construc-
tion of their sewer lateral. This extension policy
is addressed in Chapter 26, of the Code of the City
of Roanoke (1979), as amended.
The City, in the absence of an agreement to the
contrary, may assess abutting landowners with one-
half of the total cost of sewer improvements fully
funded initially by the City. The assessment is
applied as a lien upon abutting landowners and
recorded and indexed in such persons' name in the
Office of the Clerk of the Circuit Court. This
extension policy is addressed in Chapter 24, of the
Code of the City of Roanoke (1979), as amended.
It was further advised that unsewered sections of the City exist
with the risk and potential for septic tank failure; that new storm
drainage construction in unsewered sections provides a method to
install new sewer lines at a significant cost saving, a one time
disruption for construction, and a one time acquisition of easements;
that new storm drains currently under construction in the Huff Lane
area provide the opportunity for future sewer service to 48 existing
homes on septic systems and provides the capability of extending to the
adjacent water shed area in the future; and the affected areas are
Ravenwood Avenue, Dorchester Court, Floraland Avenue and Vancouver
Avenue, N. W.
559
ACTION:
It was explained that a one-time connection fee needs to be
established to address the storm drain/sewer project, to provide a
method in order to recover costs, and to be consistent with prior sewer
extensions; that a cost savings occurs for the sewer line work if said
work is bid and constructed as a part of the storm drainage project;
and the avoided cost is the amount of credit change order due the City
if the sewer work is not performed as part of the project.
It was further explained that the average cost to property owners
for lateral construction and connection fee in those areas where a
sewer main exists in the street is $1,217.02; that the average cost to
property owners per extension policy based on lot frontage assessment
for main line construction and lateral services is $2,115.52; that a
meeting with citizens was held by the City administration on
November 2, 1989, at Huff Lane Intermediate School; that a consensus
was reached by the majority of residents in attendance to accept the
City's plan to install sewer facilities and to establish a specific
connection fee; and a petition was submitted by the citizens objecting
to mandatory hookup.
The Water Resources Committee recommended that Council establish a
specific connection fee for the 48 connections to be provided on
Ravenwood Avenue, Dorchester Court, Floraland Avenue and Vancouver
Avenue, in the amount of $1,136.93, in lieu of the prevailing connec-
tion fee, advising that hook-up to the City lateral is voluntary, with
the connection fee being paid at the time service is requested by the
homeowner.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#29873-12489) A RESOLUTION establishing a specific sanitary
sewer connection fee for 48 connections to be provided on a voluntary
basis on Ravenwood, Dorchester, Floraland, and Vancouver Streets, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 51, page 461.)
Mrs. Bowles moved the adoption of Resolution No. 29873-12489. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .... .6.
NAYS: None-
(Vice-Mayor Fitzpatrick was absent.)
PARKS AND PLAYGROUNDS-CITY PROPERTY-LANDMARKS: Council Member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the committee, with regard to
renewal of the lease of the Alexander/Gish House, 641 Walnut Avenue,
S. W., with Old Southwest, Inc.
A staff report explained that the original lease with the Old
Southwest Neighborhood Alliance was authorized by Council on December
10, 1979, pursuant to Ordinance No. 24929; that lease assignment from
the Alliance to the Old Southwest Neighborhood Foundation, Inc., was
approved by the City Manager, pursuant to an Assignment and Assumption
Agreement dated May 11, 1981; that the lease extension, at the expira-
tion of the original lease, was authorized by Council on April 22,
1985, pursuant to Ordinance No. 27521, for a term of five years from
January 1, 1985, through December 31, 1989, in the amount of $1.00 per
year lease fee; and the Old Southwest Neighborhood Foundation, Inc.,
has recently changed its name to Old Southwest, Inc.
It was further advised that the lease will expire on December 31,
1989; and Old Southwest, Inc., has requested an extension of the lease
for a term of five years from January 1, 1990, through December 31,
1994, with the lease fee to be $1.00 per year.
560
ACTION:
ACTION:
The Water Resources Committee recommended that Council authorize
execution of a lease agreement for the Alexander/Gish House to Old
Southwest, Inc., in accordance with conditions stated in the staff
report.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29874) AN ORDINANCE authorizing and providing for the lease by
the City of a structure known as the Alexander-Gish House, located in
Highland Park in the City, together with an outbuilding, to the Old
Southwest, Inc.; subject to certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 462.)
The motion was seconded by Mr. Bowers and adopted by tile follow-
ing vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ......... 6.
NAYS: None ...........
(Vice-Mayor Fitzpatrick was absent.)
0
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
DOWNTOWN OFFICE TOWER-PARKING GARAGE-HUNTER VIADUCT: Ordinance
No. 29857 authorizing an Agreement for Real Estate Sale and For
Acquisition of Parking Facility between the City of Roanoke, the City
of Roanoke Redevelopment and Housing Authority, Faison Roanoke Office
Limited Partnership, a North Carolina limited partnership, and Henry J.
Faison, as guarantor; authorizing the conveyance of certain parcels of
land owned by the City to the City of Roanoke Redevelopment and Housing
Authority; authorizing the purchase of certain completed realty consti-
tuting a public off-street parking facility by the City; and
authorizing the execution of related documents between the parties, in
connection with construction of a downtown office tower and parking
facility by the developer, having previously been before the Council
for its first reading on Monday, November 20, 1989, read and adopted on
its first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#29857-12489) AN ORDINANCE authorizing an Agreement for Real
Estate Sale and For Acquisition of Parking Facility between the City of
Roanoke, the City of Roanoke Redevelopment and Housing Authority, and a
limited partnership of which Henry J. Faison shall be guarantor;
authorizing the conveyance of certain parcels of land owned by the City
to the City of Roanoke Redevelopment and Housing Authority; authorizing
the purchase of certain completed realty constituting a public off-
street parking facility by the City; and authorizing the executio~ of
related documents between the parties.
(For full text of Ordinance, see Ordinance Book No. 51, page 453.)
Mr. Trout moved the adoption of Ordinance No. 29857-12489. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles and Mayor
Taylor ....... -5.
NAYS: Council Member Bowers
(Vice-Mayor Fitzpatrick was absent.)
'-1.
STREETS AND ALLEYS-DOWNTOWN OFFICE TOWER-HUNTER VIADUCT: Ordi-
nance No. 29858 permanently vacating, discontinuing and closing to
traffic that segment of Hunter Viaduct currently extending from its
intersection with Jefferson Street and Salem Avenue, S. E., first in a
northerly direction from a position at existing ground elevation and
thence continuing in an easterly direction in a position at, and above,
561
existing ground elevations, to a point of intersection with the
westerly right-of-way boundary at the existing overhead bridge at
Williamson Road, S. E., having previously been before the Council for
its first reading on Monday, November 20, 1989, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#29858-12489) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 454.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29858-12489. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES:
Taylor ....
Council Members Garland, Musser, Trout, Bowles and Mayor
5.
NAYS: Council Member Bowers
(Vice-Mayor Fitzpatrick was absent.)
(See Disclosure Statement filed by Mayor Taylor on file in the City
Clerk's Office.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that the
three year terms of Mr. Louis E. Ellis, Ms. A. Catherine Womack, Mr.
Hillary Lantz, Ms. Ora B. McColman, Ms. Florine Thornhill, Mr.
William J. Rand, III, and Ms. Barbara N. Duerk as members of the
Roanoke Neighborhood Partnership Steering Committee expired on November
8, 1989, and called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Mr. Louis E. Ellis,
Ms. A. Catherine Womack, Mr. Hillary Lantz, MSo Ora B. McColman, Ms.
Florine Thornhill, Mr. William J. Rand, III and Ms. Barbara N. Duerk.
There being no further nominations, Ms. Louis E. Ellis, Ms. A.
Catherine Womack, Mr. Hillary Lantz, Ms. Ora B. McColman, Ms. Florine
Thornhill, Mr. William J. Rand, III and Ms. Barbara N. Duerk were
reelected as members of the Roanoke Neighborhood Partnership Steering
Committee, for terms of three years, each, ending November 11, 1992, by
the following vote:
ACTION:
FOR MR. ELLIS, MS. WOMACK, MR. LANTZ, MS. MCCOLMAN, MS. TIIORNHILL,
MR. RAND AND MS. DUERK: Council Members Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......................... 6.
(Vice-Mayor Fitzpatrick was absent.)
BUILDING DEPARTMENT (BUILDING CODE): The Mayor advised that the
three year term of Mr. Gene Wirt as a member of the Building
Maintenance Division of the City's Board of Building Code Appeals
expired on November 10, 1989, and called for nominations to fill the
vacancy.
Mr. Bowers placed in nomination the name of Mr. Gene Wirt.
There being no further nominations, Mr. Gene Wirt was reelected as
a member of the Building Maintenance Division of the City's Board of
Building Code Appeals, for a term of five years ending November 11,
1994, by the following vote:
ACTION: FOR MR. WIRT: Council Members Garland, Musser, Trout, Bowers,
Bowles and Mayor Taylor ......................... 6.
(Vice-Mayor Fitzpatrick was absent.)
562
HUMAN RESOURCES (ADVISORY BOARD): The Mayor advised that the four
year terms of Mr. Acree Hayes, The Reverend Frank W. Feather and Mr.
David H. Sayles as members of the Advisory Board of Human Resources
expired on November 30, 1989, and called for nominations to fill the
vacancies.
Mrs. Bowles placed in nomination the names of Mr. Acree Hayes, The
Reverend Frank W. Feather.
ACTION:
There being no further nominations, Mr. Acree Hayes and The
Reverend Frank W. Feather were reelected as members of the Advisory
Board of Human Resources, for terms of four years each, ending
November 30, 1993, by the following vote:
FOR MR. HAYES AND REVEREND FEATHER: Council Members Garland,
Musser, Trout, Bowers, Bowles and Mayor Taylor ....................... 6.
(Vice-Mayor Fitzpatrick was absent.)
At 2:50 p.m., the Mayor declared the meeting in recess.
ACTION:
At 4:05 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attenance,
with the exception of Vice-Mayor Fitzpatrick.
Mr. Trout moved with respect to the Executive Session just
concluded, that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........ 6.
NAYS: None ............
5
(Vice-Mayor Fitzpatrick was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 4:10 p.m.
ATTEST: ~~
City Clerk
APPROVED
Mayor
563
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 11, 1989
7:30 p.m.
m
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of tile Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, December 11, 1989, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, ~
~, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
tz~/~l, as amended.
PRESENT: Council Members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland and
Mayor Noel C. Taylor ............ 7.
ABSENT: None ..... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Charles T. Green,
Chaplain, Roanoke Memorial Hospitals.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT: The Mayor advised that over 800 Peace
Child performances have been held during the past eight years, with
15,000 participants and over one million viewers, which concerts have
been televised by satellite across the United States, the Soviet Union
and Costa Rica. He further advised that the concerts have provided the
people of the world with an opportunity to listen to the songs of world
peace and happiness through the medium of music, and presented
Certificates of Recognition to young people from the Roanoke Valley who
participated in the concerts.
PUBLIC HEARINGS:
m
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, December 11, 1989, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of BEH Real
Estate Partnership, that the easterly eight feet of the right-of-way of
Wycliffe Avenue, between McClanahan Street and Evans Mill Road, S. W.,
being a total area of 1,398 square feet, be permanently vacated,
discontinued and closed, subject to certain conditions proffered by the
petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
November 24, 1989, and Friday, December 1, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council
approve the request, subject to the following conditions, was before
the body.
"That the applicant agrees to amend the current
application, prior to a public hearing before
Council, to provide that the closure be effected
pursuant to Section 15.1-482(b) of the Code of the
Commonwealth of Virginia (1950) as amended.
564
ACTION:
That the applicant agrees to have prepared and sub-
mitted to the City for approval and recordation, a
plat of subdivision, combining thereon the vacated
section of the right-of-way with the applicant's
abutting property.
That the applicant agrees to submit to the City for
review and approval, a comprehensive site plan for
the proposed adjacent development clearly providing
thereon for an orderly transition between the new
street right-of-way and the proposed parking faci-
lity.
That the ordinance effecting the closure provide
that if the above-cited subdivision plat is not
submitted, approved and recorded within a period of
12 months from the adopted date of the ordinance,
then said ordinance shall become null and void with
no further action by Council being necessary."
The Planning Commission advised that Brown Edwards and Company, a
certified public accounting firm, leases and occupies the property from
the applicant; that Brown Edwards has, in recent years, expanded its
operations and has steadily increased its employee level; that the com-
pany currently desires to undertake a further expansion which will
require additional parking facilities; and lack of adequate and
available land for additional parking poses restrictions on expansion
plans.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29875) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 466.)
The motion was seconded by Mr. Trout.
Mr. Edward A. Natt, Attorney, appeared before Council in support
of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none,
Ordinance No. 29875 was adopted on its first reading by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........ 7.
NAYS: None-- O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Ronday, December 11, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of NWS Partners,
a Virginia General Partnership, that a portion of a tract of land
comprising approximately 5.30 acres, located on Airport Road and
Coulter Drive, N. W., (5732 Airport Road, N. W.) identified as Official
Tax No. 6630105, be rezoned from LM, Light Manufacturing District, to
C-2, General Commercial District, subject to certain conditions prof-
fered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
November 24, 1989, and Friday, December 1, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
565
'm
A report of the City Planning Commission advising that the purpose
of the request for rezoning is twofold: (1) the C-2 zoning designation
would bring an existing restaurant use into conformance as a permitted
use in the C-2 zone and allow for expansion, (2) the C-2 designation
would allow for the renovation and reuse of an existing barn structure
into professional offices; and in order to preserve abutting LM pro-
perty, a two foot LM buffer zone along the boundaries not fronting on a
public street would be preserved.
The Planning Commission recommended that Council approve the
request for rezoning, advising that the rezoning would correct an
existing, non-conforming use and would allow for the renovation and use
of an existing structure; and by providing a two-foot LM zone,
remaining adjoining LM properties would be protected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29876) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 663, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 467.)
ACTION:
The motion was seconded by Mr. Garland.
Ms. Maryellen F. Goodlatte, Attorney, appeared before Council in
support of the request of her client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29876 was adopted on its first reading by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor--- 7.
NAYS: None- .0.
HUNTER VIADUCT-STREETS AND ALLEYS-DOWNTOWN OFFICE TOWER-PARKING
GARAGE: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, December 11, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of
Roanoke that a public alley extending in a westerly direction from
Market Street, S. E., along the northerly property line of Official Tax
No. 4010116, for a distance of approximately 129 feet, be permanently
vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
November 24, 1989, and Friday, December 1, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council
approve the application to close the alley, subject to conditions
stated in the City's application for closure, was before the body.
The Planning Commission advised that the City of Roanoke recently
approved the discontinuance and removal of the W. P. Hunter Memorial
Bridge, the structure of which is situated directly above the property
currently occupied by the alley; and the City plans to construct a
landscaped plaza upon a portion of the property over which the subject
alley is situated and intends to sell portions of the property over
which the subject alley is situated to other parties for the construc-
tion of an office tower and parking facility.
(For full text, see report on file in the City Clerk's Office.)
566
ACTION:
Mrs. Bowles moved that the following Ordinance be placed upon
its first reading:
1#29877) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 468.)
The motion was seconded by Mr. Trout.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none,
Ordinance No. 29877 was adopted on its first reading by the following
vote:
AYES: Council Members Musser, Trout, Bowles, Fitzpatrick, Garland
and Mayor Taylor ........ 6.
NAYS: Council Member Bowers
BONDS-HUNTER VIADUCT-DOWNTOWN TOWER-PARKING GARAGE: Pursuant to
Resolution No. 25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for Monday,
December 11, 1989, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the adoption of an Ordinance authorizing the issuance
of $6,800,000.00 principal amount of general obligation bonds of the
City for the purpose of providing funds to defray the cost of needed
permanent public improvements to streets, bridges, sidewalks, curbs,
gutters, parks and plazas, off-street parking facilities and government
buildings and halls, the matter was before the body.
Legal advertisement of the public hearing was published in the
Roanoke Times & World-News on Sunday, November 26 1989, and Sunday,
6ecember 3, i989. '
(See publisher's affidavit on file in the City Clerk's Office.)
The City Attorney submitted a written report with regard to a pro-
posed ordinance before Council authorizing the issuance of
$6,800,000.00 principal amount of general obligation bonds of the City
to provide funds to defray the cost of needed permanent public improve-
ments to streets, bridges, sidewalks, curbs, gutters, parks and plazas,
off-street parking facilities and government buildings and halls of and
for the City, advising that these permanent pt~blic improvements are in
connection with the Downtown Tower/Public Parking Garage Project
approved by Council on Monday, November 20, 1989.
It was further advised that by the proposed ordinance, the full
faith and credit of the City will be pledged to the bonds which will be
issued pursuant to the Public Finance Act without referendum; that the
proposed ordinance also authorizes the issuance and sale of a like
amount of bond anticipation notes; that under the ordinance, the bonds
may be issued and sold in their entirety at one time, or from time to
time in series, as determined by the Director of Finance, and the bonds
may be sold contemporaneously with other bonds of the City under a com-
bined notice of sale; that the Director of Finance is authorized by the
proposed ordinance to prepare and distribute an official statement
relating to the bonds which will carry the legal opinion of Wood,
Dawson, Smith & Hellman, the City's bond counsel; that the proposed
ordinance establishes procedures for redemption of the bonds, proce-
dures as to registration and payment of principal and interest, and
sets out the form of the bonds; and when the bonds are sold, the terms
of the sale and other details of the bonds will be approved by resolu-
tion or ordinance of Council.
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted a written report advising that at the
Council meeting on Monday, November 20, 1989, Council adopted a number
of ordinances and resolutions in regard to the proposed downtown deve-
lopment project at the intersection of Jefferson Street and Salem
Avenue; that one of the resolutions expressed the intent of Council to
finance certain public improvements in connection with the project
through issuance of general obligations bonds in an aggregate principal
ACTION:
ACTION:
amount not to exceed $6,800,000.00, pursuant to the Public Finance Act;
and such bonds are an important aspect of the financing for the public
improvements which are an integral part of the downtown development
project.
The City Manager recommended that Council approve the documents as
prepared by the City Attorney.
IFor full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29878) AN ORDINANCE authorizing the issuance of Six Million
Eight Hundred Thousand Dollars ($6,800,000.00) principal amount of
general obligation bonds of the City of Roanoke, Virginia, for the pur-
pose of providing funds to defray the cost of needed permanent public
improvements to streets, bridges, sidewalks, curbs, gutters, parks and
plazas, off-street parking facilities and government buildings and
halls of and for such City; fixing the form, denomination and certain
other details of such bonds; providing for the sale of such bonds; and
authorizing and providing for the issuance and sale of a like principal
amount of general obligation public improvement bond anticipation notes
in anticipation of the issuance and sale of such bonds.
(For full text of Ordinance, see Ordinance Book No. 51, page 469.)
The m~)tion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to
address Council with regard to the matter. There being none, Ordinance
No. 29878 was adopted on its first reading by the following vote:
AYES: Council Members Musser, Trout, Bowles, Fitzpatrick, Garland
and Mayor Taylor .... .6.
NAYS: Council Member Bowers 1.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; and to discuss specific
legal matters requiring provision of legal advice by counsel, being the
terms and conditions of a consolidation agreement and other legal docu-
ments currently being negotiated with other local governments.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (lg50),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor-- 7.
567
NAYS: None ................ O.
568
ACTION:
ACTION:
ACTION:
ARCHITECTURAL REVIEW BOARD: A report of the City Manager advising
that the City of Roanoke was selected by the National Trust Historic
Preservation to be included in a soon to be published study which is
being done by the University of Virginia Institute for Environmental
Negotiation, which publication is intended to feature ten cormnunities
across the nation which have demonstrated innovative and creative
approaches in the area of historic preservation and revitalization, was
before Council.
It was further advised that in order to enhance the publication,
tire National Trust recently held a meeting in Washington, D.C., to
allow representatives from the ten featured communities to talk about
their programs; that Ms. Evelyn Gunter, of the City's Planning staff
was a featured panelist at this meeting, that a follow-up meeting is
being planned for March 22-23, 1990, in Pittsburg, Pennsylvania, where
the final publication will be made available and the City has been
invited to participate in that activity as well.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........... .-7.
NAYS: None .......
.0.
FIRE DEPARTMENT (BOARD OF FIRE APPEALS): A report of qualifica-
tion of Mr. Ronald O. Crawford as a member of the Board of Fire
Appeals, for a term of four years ending June 30, 1992, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........... -7.
NAYS: None ..............
-0.
HOUSING (HOUSING AUTHORITY): A report of qualification of Mr.
Ronald O. Crawford as a Commissioner of the City of Roanoke
Redevelopment and Housing Authority Board of Commissioners for a term
of four years, ending August 31, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ......... -7.
NAYS: None ..........
O®
COUNCIL: A communication from Council Member Howard E. Musser
requesting an Executive Session to discuss specific legal matters"
requiring provision of legal advice by counsel, being the terms and
conditions of a consolidation agreement and other legal documents
currently being negotiated with other local governments, pursuant to
Section 2.1-344 (Al (7), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
569
m
ACTION:
ACTION:
Mr. Trout moved that Council concur in the request of Council
Member Musser to convene in Executive Session to discuss specific legal
matters requiring provision of legal advice by counsel, being the terms
and conditions of a consolidation agreement and other legal documents
currently being negotiated with other local governments, pursuant to
Section 2.1-344 (Al (7), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ................ 7.
NAYS: None ....... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
EMERGENCY MEDICAL SERVICES: Mr. Douglas H. Hyre, Captain, Roanoke
Life Saving and First Aid Crew, Spokesman for a newly formed organiza-
tion known as Roanoke Emergency Medical Services, appeared before
Council and advised that the Roanoke Life Saving Crew was established
in 1928 by the late Julian S. Wise; that the Williamson Road Life
Saving Crew was established in 1939 by several interested citizens; and
the crews have operated solely as volunteer agencies for more than 60
years during which time much progress has been made in emergency medi-
cal services. He stated that today, citizens are provided with advance
life support through the combined efforts of the volunteer crews and
paid paramedic and support staff of Roanoke City. He explained that
the Roanoke Life Saving Crew and the Williamson Road Life Saving Crew,
after months of planning and refining, wishes to advise Council and the
citizens of the City of Roanoke that as of this date, Monday, December
11, 1989, the two volunteer organizations will merge their operations
into one and will be known as Roanoke Emergency Medical Services. He
pointed out that this action was being taken in an effort to strengthen
the two organizations and to provide citizens with the required ser-
vices.
Mr. Trout meved that Council receive and file Mr. Hyre's statement
with appreciation. The motion was seconded by Mr. Garland and unani-
mously adopted.
ROANOKE NEIGHBORHOOD PARTNERSHIP: Mr. William J. Rand, III,
Chairman, Roanoke Neighborhood Partnership Steering Committee, appeared
before Council and advised that the Partnership was established
approximately ten years ago. He further advised that the Partnership
is made up of representatives from neighborhoods, the public sector,
the private sector, and non-profit organizations, all with the goal of
improving the quality of life in Roanoke's neighborhoods. He stated
that the last decade has seen many changes in Roanoke, with the intent
of improving the City's quality of life. He further stated that the
Partnership was an idea that came into being with four original neigh-
borhoods and today, there are 21 member neighborhoods which represent
just over 70 per cent of Roanoke's residential homes. He noted that
the Partnership helps eliminate some of the status quo inertia of citi-
zens through communication with City Government and in providing a
means for neighborhoods to coanunicate with each other. He advised
that the Partnership engages in presenting grants and mini-grants to
individual neighborhoods as seed money which helps the neighborhoods to
help themselves. He stated that the Partnership acts as an advocate
for the neighborhoods, but also acts as an advocate in doing what is
best for the City of Roanoke. He called attention to hundreds of hours
of volunteer time rendered by members of the Steering Committee, and
referred to a two day retreat which was held at Smith Mountain Lake in
which the Steering Committee devised a plan of action relative to
Partnership goals as it enters the 1990's in order to meet existing and
future challenges.
Mr. Rand advised that a formal written report would be forthcoming
to Council; however, as outgoing Chairman, he expressed appreciation to
members of the Partnership, to the City Administration and to the Mayor
and Members of City Council for making 1989 a good year, advising that
with Council's help, the Partnership looks forward to the lg90's.
570
ACTION:
Mr. Garland moved that Mr. Rand's oral statement be received and
filed with appreciation. The motion was seconded by Mr. Fitzpatrick
and unanimously adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
HOUSING-GRANTS: The City Manager submitted a written report
advising that the Virginia General Assembly has appropriated $47.5
million through June 30, 1990, for various housing programs, most to be
designed and administered by the Virginia Department of Housing and
Community Development (DHCD); that the Multi-Family Rehabilitation Loan
Program is one such program, providing a combination of repayable loans
and forgiveable deferred payment loans for the rehabilitation and
upgrading of substandard multi-family buildings to be occupied by low-
moderate income households; and funding provided by the State is
described in the following two parts:
One part reserved for energy~conserving improve-
ments. Funds for these improvements will be loaned
@ 0% interest, with payments deferred and the loan
forgiven over an eight year period, i.e. the funds
are not intended to be repaid.
The second part for all other improvements,
loaned ~ 2 - 8% interest for up to 15 years.
Maximum State funding for the two portions is a
total of $10,000.00 for a one-bedroom unit,
$12,500.00 for a two-bedroom unit, and $15,000.00
for a three-bedroom unit.
It was further advised that the City's application for the State's
Multi-Family Rehabilitation Loan Program was endorsed by Council on
June 5, 1989; and the City's application requested an allocation of
$837,000.00 for the following uses:
In conjunction with the existing 1989 Rental
Rehabilitation Program, matching $106,000.00 pre-
viously allocated to the City by the Federal
Department of Housing and Urban Development (HUD).
In coordination with concentrated code enforcement
activities in specific areas to be selected by
Council,
It was explained that the City's application for the Program was
approved by the State, but only in the amount of $525,000.00, 63%
of the amount requested, which would allow for the following uses:
$212,000.00 to match the $106,000.00 of HUD Rental
Rehabilitation Program funds. The Roanoke
Redevelopment and Housing Authority (RRHA) will
loan the Rental Rehabilitation funds from HUD for a
portion of the renovation of approximately 20
substandard rental units. The State will provide
the funds for the balance of the rehabilitation in
a combination of forgiveable loans and repayable
loans ~ six percent interest.
m
m
$313,000.00 in support of a concentrated code
enforcement/rehabilitation project in a selected
area, directly supplementing the rehabilitation of
approximately 25 - 30 substandard rental units.
The State will provide the program funds to pro-
perty owners in a combination of forgiveable loans
and repayable loans with interest rates ranging
from two percent to eight percent, depending on the
amount paid by the owner. This initiative is
called the Neighborhood Stabilization and Enhance-
merit Program (NSEPtion).
The City Manager recommended that Council concur in the following
specific actions:
Authorize the City Manager to execute the
Administrative Agreement with the Department of
Housing and Community Development for the Multi-
Family Rehabilitation Loan Program;
Re-endorse the concentrated code enforcement ele-
ment of the Program and the use of funds in con-
junction with such concentrated code enforcement
to be entitled the Neighborhood Stabilization and
Enhancement Program (NSEPtion);
Designate a portion of the Mountain View neigh-
borhood to be the area initially targeted for
NSEPtion;
Authorize the charging and collection by the City
of a one percent loan commitment fee from the
borrower on each loan approved by the Department of
Housing and Community Development under the Code
Enforcement phase, amounting to a potential total
of $3,130.00, to be utilized specifically to sup-
port the administration of this and other housing
activities by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#29879-121189) A RESOLUTION approving execution of an
Administrative Agreement with the Virginia Department of Housing and
Community Development for the administration of activities relating to
the Multi-Family Rehabilitation Loan Program (Program); re-endorsing
the concentrated code enforcement element of the Program; designating a
certain portion of the City to be the area initially targeted for the
concentrated code enforcement element of the Program; and authorizing
certain charging and collection procedures with regard to the Program.
(For full text of Resolution, see Resolution Book No. 51, page 463.)
The City Manager advised that the matter was first considered by
Council on November 13, 1989, at which time citizens expressed concern
over the Program; whereupon, he called upon Mr. H. Daniel Pollock,
Housing Development Coordinator, for a brief presentation.
Mr. Pollock advised that for several years the City has heard
suggestions and considered concentrating some of its housing rehabili-
tation community revitalization efforts in order to have a visible,
significant impact on a particular area. He further advised that the
Housing Development Strategic Plan Task Force recommended that it be
City policy to concentrate efforts and resources on strategically
located property or areas with high visibility and potential to become
self-sustaining, and also stressed enforcement of the Building Main-
tenance Code as a way to encourage property owners to exercise respon-
sibility to improve and to maintain their properties. He explained
that last spring, the City learned about certain state funds that were
571
572
ACTION:
available which could be used to improve multi-family property and spe-
cifically, the Administration saw this as an opportunity to pursue ini-
tiatives not before explored in Roanoke, to seek out substandard
housing conditions in a defined area and to assist the owners of ren-
tal property to make needed repairs. Therefore, with Council's appro-
val, he advised that City staff applied to the state for $837,000.00,
and in October, the City received documents from the State for its
award of $525,000.00, which includes $212,000.00 for rental rehabilita-
tion and $313,000.00 for a special program which is enough to support
the renovation of approximately 25 rental units. He pointed out that
while this is not the amount of funds requested, it should be suf-
ficient to make a noticeable impact in the targeted area. He stated
that the Multi-Family Rehabilitation Loan Program begins with door to
door inspections of rental or vacant buildings to identify building
code violations; that inside inspections will be performed only with
the permission of the owner or tenant; that in a typical case, the
extra cost to the homeowner will be approximately $75.00 per month for
extensive repairs to the unit; and a portion of the Mountain View
neighborhood has been recommended as the target area. He advised that
in November, administrative staff invited all owners of property and
tenants in the area to a meeting to discuss the Program, and the
general response from the 17 people in attendance was favorable.
Mr. Fitzpatrick moved the adoption of Resolution No. 29879-121189.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor--- 7.
NAYS: None--
BUDGET-SEWERS AND STORM DRAINS-WATER DEPARTMENT-PLANNING: The City
Manager submitted a written report advising that the Regional Compre-
hensive Stormwater Management Plan (Plan) was prepared by the Fifth
Planning District Commission in 1985 at the request of the Roanoke
Valley Governments and contained the following elements:
Benefits of a regional stormwater management plan.
Drainage problems and future stornwater management
concerns.
Existing local stormwater management plans.
Databases for stornwater management plans.
Proposed approach to regional stormwater management
planning.
Institutional and regulatory issues affecting
storm~ater management.
It was further advised that a meeting which was held on October 3,
1989, by the Fifth Planning District Commission concerning regional
stormwater management was attended by elected officials and administra-
tive staff members from local governments; that they reviewed the Fifth
Planning District Commission's Feasibility Study for a Roanoke Valley
Comprehen-sive Stornwater Management Program and decided that it was a
good starting point for further discussion of a regional approach to
storm~ater management; that the Regional Storn~ater Management
Committee, comprised of the administrators of the regional governments
and representatives from several state agencies decided, at its
October 23, 1989 meeting, that a Technical Subcommittee should be
formed to investigate the need for an update of the 1985 Plan; and the
subcommittee was formed and is comprised of representatives from the
City of Roanoke, City of Salem, Roanoke County, Town of Vinton,
Botetourt County, Virginia Department of Transportation, State Water
Control Board, and the Division of Soil and Water Conservation.
It was explained that the Technical Subcommittee of the Stormwater
Management Committee reconm~nded an update of the 1985 Plan in the
following areas:
573
m
ACTION:
ACTION:
Evaluation of individual watersheds.
Update hydrology data to be used in the stormwater
modeling process.
Examine costs of storn~ater management and flood
control.
Assess the use of new Corps of Engineers' flood
studies.
Address remedial actions for existing problems.
Assess water quality issues related to State and
EPA requirements.
Update new institutional and regulatory issues.
It was further explained that the cost of the update, in an amount
not to exceed $10,000.00, was to be shared by local governments on a
pro rata basis (based upon current population estimates prepared by the
Center for Public Services); and the City's pro rata share will be
approximately $5,018.00.
The City Manager recommended that Council adopt the appropriate
measure in support of regional cooperation; and transfer the City's pro
rata share of the cost from Account No. 008-052-9575-9176, to an
account to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29880-121189) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 464.)
Mr. Trout moved the adoption of Ordinance No. 29880-121189. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor- 7.
NAYS: None--
Mr. Fitzpatrick offered the following Resolution:
(#29881-121189) A RESOLUTION supporting a regional approach to
watershed planning and stormwater management, concurring in the
updating of the 1985 Feasibility Study for a Roanoke Valley
Comprehensive Stormwater Management Program, and agreeing to share the
cost of such update on a pro rata basis.
(For full text of Resolution, see Resolution Book No. 51, page
Mr. Fitzpatrick moved the adoption of Resolution ~1o. 29881-121189.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........ 7.
NAYS: None--
.0.
LIBRARIES: The City Manager submitted a written report concurring
in a report of a bid con~nittee with regard to an online bibliographic
cataloging system.
574
ACTION:
ACTION:
The bid con~tttee recommended that Council accept the bid submitted by
SOLINET for online bibliographic cataloging services, and authorize the
City Manager, or his designee, to execute the appropriate membership
agreements with SOLINET (Southeastern Library Network, Inc.) for the
combined sum of an additional cost of $12,085.00 and an annual opera-
ting cost of $26,609.00, as more specifically described in a report of
the bid committee under date of December 11, 1989; and reject all other
bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29882-121189) AN ORDINANCE accepting a certain proposal for the
provision of online bibliographic cataloging services to the Roanoke
City Library, upon certain terms and conditions; authorizing the proper
City officials to execute the appropriate membership agreement;
rejecting the other bid received for said services, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 465.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29882-121189.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........ .--7.
NAYS: None ........... O.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SEWERS AND STORM DRAINS: Ordinance No. 29868 authorizing the
vacation of a certain City sewer line easement in the 2100 block of
Salem Avenue and relocation of the existing sewer line to a new area,
with the Hub Pattern Corporation to be responsible for payment of the
cost of the work required for such relocation; upon certain terms and
conditions, having previously been before the Council for its first
reading on Monday, December 4, 1989, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#29868-121189) AN ORDINANCE authorizing the vacation of a cer-
tain City sewer line easement and relocation of the existing sewer
line, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 465.)
Mrs. Bowles moved the adoption of Ordinance No. 29868-121189. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........ 7.
NAYS: None .........
Oe
PARKS AND PLAYGROUNDS-CITY PROPERTY-LANDMARKS: Ordinance No.
29874 structure known as the Alexander-Gish House, located in Highland
Park in the City, together with an outbuilding, to Old Southwest, Inc.,
for a term of five years, at an annual rental rate of $1.00, subject to
certain terms and conditions, having previously been before the Council
for its first reading on Monday, December 4, 1989, read and adopted on
its first reading and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final
adoption:
575
ACTION:
(#29874-121189) AN ORDINANCE authorizing and providing for the
lease by the City of a structure known as the Alexander-Gish House,
located in Highland Park in the City, together with an outbuilding, to
the Old Southwest, Inc.; subject to certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 462.)
Mr. Bowers moved the adoption of Ordinance No. 29874-121189. lhe
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor--- 7.
NAYS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
ACTION:
At 9:00 p.m., the Mayor declared the meeting in recess.
At 10:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all Members of the Council in attendance.
COUNCIL: Mr. Fitzpatrick moved with respect to the Executive
Session just concluded, that each Member of City Council certify to the
best of his or her knowledge that: (1) only public business matters
lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Executive Session was
convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .... 7.
NAYS: None---
There being no further business, the Mayor declared the meeting
adjourned at 10:25 p.m.
APPROVED
ATTEST: ~~
Clty C1 erk
Mayor
576
SPECIAL MEETING ..... ROANOKE CITY COUNCIL
December 18, 1989
12:15 p.m.
The Council of the City of Roanoke met in special meeting in the City
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, December 18, 1989, 12:15 p.m., pursuant to
Section 10, Meetings of Council, of the Roanoke City Charter, and pursuant to
communication ~rom the Mayor under date of December 14, 1989, with Vice-Mayor
Beverly T. Fitzpatrick, Jr., presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, Howard E. Musser, James O. Trout and Vice-Mayor Beverly T.
Fitzpatrick, Jr. 6.
ABSENT: Mayor Noel C. Taylor ...............................
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by Vice-Mayor Beverly T.
Fitzpatrick, Jr.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Fitzpatrick.
The Vice-Mayor referred to the following communication calling the
special meeting:
"December 14, 1989
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, Generally, of
the Roanoke City Charter, please be advised t'hat i am calling
a special meeting of the Council of the City of Roanoke on
Monday, December 18, 1989, at 12:15 p.m., in the City Council
Chamber, for the purpose of receiving a briefing by the City
Manager on the Solid Waste Recycling Program.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor"
REFUSE COLLECTION: The City Manager submitted a written report
advising that national concern and consciousness has been raised over
the dilemma of solid waste disposal; and recent National, State and
Local examples have been as follows:
New York barge loaded with solid waste with no
place to dock.
Klm-Start Landfill in Allegheny County.
La~dfill siting efforts being undertaken by the
Roanoke Valley Regional Solid Waste Management
Board (Regional Board), Roanoke City and Roanoke
County.
m
It was further advised that hierarchy of preferred solid waste
management methods at the National, State and Local levels (Regional
Board) all start with waste minimization and waste recycling; that the
Recycling Task Force was established by the City Manager's Office on
November 14, 1988, to study and advise of a feasible program to reduce
solid waste needing ultimate disposal; and a scientific survey of City
residents was conducted by the Recycling Task Force in March, 1989,
with the following findings:
93 percent were willing to recycle if materials are
picked up at homes. (Household separation in all
cases assumed the City would provide the container
and collection)
91 percent were willing to place recyclable
materials at curbside or alleys.
60 percent currently place refuse at the curb or
alley for pickup.
It was explained that four recycling workshops were held, one in
each quadrant of the City, on June 6, 8, 10, and 13, 1989; that citizen
attendance was in the range of 20 to 40 at each workshop; and several
key findings are as follows:
Multi-bin residential collection was the unanimous
choice of all workshop groups; participants pre-
ferred roll-out units with lids.
Emphasize education.
Consi der mandatory program and enforcement
techniques if volunteer program has low par-
ticipation.
Increase efforts to market recycled materials.
It was further explained that State legislative mandates,
H.B. 1743, effective July 1, 1989, require each locality to establish
a recycling program capable of meeting the following goals: 10 percent
by 1991, 15 percent by 1993, and 25 percent by 1995; that the method of
calculating percentages is being developed by the State agency respon-
sible for solid waste management; and seven percent of solid waste is
currently being recycled in the Roanoke Valley according to a report
prepared for the Regional Landfill Board, which is attributable to the
private sector at the present time.
Mr. Herbert stated that the Recycling Task Force has completed its
study and made a reconmmndation for a program of residential collection
of certain recyclable materials; and the recommended program would
include the following basic components:
voluntary citizen participation.
phased-in throughout the City over a four year
period.
materials to be collected include newspaper, alumi-
num, glass, and plastics.
multi-bin containers furnished by the City to each
household.
special designed trucks acquired by the City will
collect recyclables on the same day as regular
refuse pickup.
577
578
curbside/alleyside setout by citizens; provisions
made for elderly/handicapped individuals who wish
to participate.
interim drop-off stations strategically located
throughout the City until collection service is
avai)able to all residents.
intensive and comprehensive education and promotion
campaign to provide citizens with information to
secure maximum program participation.
recycling coordinator employed by the City to over-
see the start-up, development, implementation, and
ongoing operation of all City recycling activities.
It was further stated that a Council briefing is desirable prior
to submitting a final recommendation for a City recycling program in
the very near future; that no action by Council is required at this
time; and an administrative public hearing is being planned for early
January 1990 to further explain the proposals to City residents, to
seek input, and to fine-tune the program prior to finalizing a recom-
mendation to Council, which is anticipated to be made at the regular
meeting of Council on January 28, 1990.
The City Manager advised that in November, 1988, he appointed a
Task Force to investigate recycling and to develop recon~T~ndations for
a program to reduce the quantity of solid waste material for the City
of Roanoke being disposed of in the regional landfill. He further
advised that the regional landfill will be at capacity in the next few
years due to extensive new federal and state environmental regulations
which will affect operating costs significantly. He stated that in
anticipation of such increased operating costs, the regional landfill
has already raised its tipping fees by approximately 50 per cent in the
last two years and these fees are expected to double by the time the
new landfill is operational, however, there is still to be resolved the
issue of where to site new solid waste disposal facilities for the
Roanoke Valley. He advised that increased transportation costs are
likely to be added to the higher landfill operating expenses and
currently it is in the City's best interest to reduce tile quantity of
solid waste being landfilled. He explained that the City has already
taken steps to recycle certain waste materials to avoid their being
hauled to the disposal site and called attention to a drop off center
for newspaper, glass and aluminum at the Public Works Service Center
which provides citizens with an opportunity to recycle these materials.
He pointed out that tree limbs and brush picked up by the City are
turned into mulch which is offered to citizens for home landscaping and
gardening, and advised of plans for a special collection of Christmas
trees after the holiday season which will also be turned into mulch to
be offered to the citizens of Roanoke. He stated that City offices are
currently separating and recycling waste paper rather than having such
materials hauled to the landfill disposal site.
Mr. Herbert explained that the Commonwealth of Virginia has again
mandated upon localities such as Roanoke a program that has local
financial implications without state assistance, advising that he does
not argue with the desirable goal of reducing solid waste, however,
cost implications cannot be ignored by the City of Roanoke, and all
localities in the state must devote local resources in the years ahead
in order to comply with state mandated recycling goals.
The City Manager introduced members of the Task Force; viz:
William F. Clark, Director of Public Works; Gary N. Fenton, Manager,
Department of Parks and Recreation; James O. Grisso, Deputy Director of
Finance; Cline C. Hollingsworth, Superintendent of Grounds Maintenance;
Donald E. Keaton, Manager of Refuse Collection; Richard L. Kelley,
Executive for Business Affairs and Clerk of the Roanoke City Schools;
Carroll E. Swain, Director of City School Plants; Kit B. Kiser,
Director of Utilities and Operations; and Kelley M. Whitney, Recycling
Coordinator for the Clean Valley Council.
m
Ms. Tamasin Roupe, representing the Office of Management and
Budget, who also served as Task Force Leader, advised that for the Task
Force, this briefing represents the culmination of a considerable
amount of hard work and indepth study of an extremely complex issue.
She presented a seven minute slide show which was prepared for the
public recycling workshops that were held in June.
Following the slide presentation, Ms. Roupe advised that the
problem which is being addressed is the increasing amount of solid
waste and how to manage it. She stated that statistics indicate that
the United States has earned its reputation as a wasteful nation and a
throw-away society; and with only five per cent of the world's popula-
tion, the United States each year produces 70 per cent of the world's
waste and makes it easier to understand why all across the United
States landfill space is diminishing. As an example of how serious the
problem is, she advised that the Environmental Protection Agency has
said that of approximately 14,000 landfills operating in 1978, 70 per
cent have already closed and more than one-half of the 5500 remaining
landfills will be out of space within eight years. She stated that the
Roanoke Valley is facing the same situation, adding that when the new
landfill opens, higher fees will greatly increase the cost to the City
for the disposal of refuse, advising that by the time the new landfill
opens, the City's annual cost could be over $1.5 million, with a fee of
$30.00 per ton which is a 173 per cent increase over annual fees based
on the 1988 fee.
Ms. Roupe stated that recycling can help to hold down the cost to
the City for solid waste disposal because items which are collected for
recycling would not go to the landfill, but would be re-used by way of
recycling, with additional revenues being generated for the City
added that at the state level, many new initiatives have been developed
that effect how localities manage their solid waste, three of which are
of major importance, viz: the General Assembly passed legislation last
year mandating recycling by all localities, which legislation also
established requirements on how much of a locality's solid waste must
be recycled, as follows: ten per cent by 1991, 15 per cent by 1993 and
25 per cent by 1995. She stated that a $10,000.00 per day fine for
non-compliance is a worst case scenario, and more than likely the
Department of Waste Management would use the withholding of permits as
penalties inasmuch as the Department has the authority to withhold
permits for construction and operation of all types of solid waste
facilities which include landfills, recycling, composting, waste to
energy and incineration facilities. She explained that the second item
of major importance is that the state has established guidelines as to
how localities should manage their solid waste which is called the
"waste hierarchy", and the third requirement of major importance is
that the state is mandating localities to revise their solid waste
management plans and to show how they will satisfy these recycling man-
dates, with each element of the "waste hierarchy" required to be
addressed.
Ms. Roupe reviewed the findings and recommendations of the Task
Force contained in a report under date of December 1989.
(For full text, see report on file in the City Clerk's Office.)
In closing, Ms. Roupe advised that the Task Force worked hard to
develop recommendations for residential recycling activities that are
responsive to public input which was received through the public survey
and workshops. She stated that during the public workshops, par-
ticipants stressed that citizens need to know why it is important to
recycle, how to recycle, what to recycle and when to recycle, advising
that the human element is the key ingredient to a successful and cost
effective recycling program.
Mr. William F. Clark, Director of Public Works, advised that the
Task Force spent 12 months reviewing the problem; that the Task Force
has recommended a voluntary program where people will be invited to and
encouraged to participate, but not required to do so; and it is hoped
that through a well coordinated education program, citizens will want
to participate. He pointed out that a phased in program is proposed
over the next four years which addresses the question of fiscal impact;
and significant immediate impact on the City's budget, while providing
an opportunity to make modifications to the program as necessary; and
579
580
employment of a Recycling Coordinator is recommended to assist in orga-
nizing and publicizing the program, as well as recordkeeping. He
stated that the first recycling truck would be ordered which is an
especially designed vehicle for collecting recycled materials, and the
City would purchase the first approximately 10,000 containers to be
supplied to residents. He displayed a sample of the container which is
proposed for use by the City containing two separate recycling bins,
one for glass and one for aluminum with newspaper going in the bottom.
He advised that it has not been decided how to handle plastic items,
but they would likely be clipped to the handle in a plastic bag. He
explained that the start-up phase would provide enough containers and a
truck to cover approximately one-fourth of the City and in the next
fiscal year, another truck would be purchased along with another 10,000
containers. He stated that the start-up phase is estimated to cost
$330,000.00 between now and June 30, 1990; that consideration for
fiscal year 1990-91 will be $395,000.00; and in subsequent fiscal
years, the City would continue to purchase containers and trucks to the
point whereby as of June 30, 1993, full operation will exist, City-
wide, and each resident will be furnished with a container and suf-
ficient trucks will be in operation to service the entire City.
Mr. Clark advised that the materials to be collected would be
newspaper, aluminum, glass and certain plastics; that a wheeled con-
tainer with a lid has been chosen by the City which seemed to be the
most preferable by citizens who attended the workshops; that
recyclables would be collected on the same day of the week that a resi-
dent normally has their refuse collected; and it is not expected for
every resident to put their container out every week inasmuch as there
is sufficient space in the container whereby a residence could go two
to three weeks before it had enough recyclables to put out for collec-
tion. He advised that a street-side, alley-side program is proposed
for set out by residents; that if residents normally have their refuse
picked up in the alley, they would bring the container to the alley-
side on the day of collection, and if they normally have their refuse
picked up in the backyard, they would be requested to bring the con-
tainer to the streetside on the day of collection. He explained that a
program would be initiated for elderly or handicapped persons so that
there would be a way of identifying those people who would like to
participate but cannot because of health reasons.
Mr. Clark stated that since the City is phasing this program in
and the recycling containers will not be available for all residents
simultaneously, it is proposed to expand the drop-off centers such as
the one at the Public Works Service Center; and in the interim, it is
proposed to work with a local grocery store chain that has expressed
an interest in having recycling dropoff centers adjacent to their
stores whereby they would provide clean up and policing of containers
with their personnel and the City would pay the cost of having the
containers dumped. He added that that particular system may be phased
out once the City is fully serviced with residential containers. He
stated that it was continually emphasized throughout the workshops that
an interim and comprehensive public information program is an essential
element of a successful recycling program because the public needs to
know why it is in their best interest and the con~nunity's best interest
to take the time to recycle products in their homes. He called atten-
tion to the need for a recycling coordinator as an additional staff
position to engage in such matters as recordkeeping, educating the
public, the neighborhoods, the news media and private business and
industry. He explained that the Clean Valley Council has established a
pilot program in waste minimization to expand recycling activities
within City government, advising that the City is in the midst of a
paper recycling program in the Municipal complex which could be
expanded to other operations within City government. He called atten-
tion to the promotion of the re-use of white goods such as large
appliances in order to find re-uses for throw away appliances and fur-
niture, and to discourage the wasting of useable foods by working with
community action agencies, restaurants and grocery stores for donations
to local food banks. He advised that City Code provisions need to be
reviewed to ensure that laws do not exist that make recycling either
illegal or less convenient, and to promote public and private recycling
centers already in existence in the Roanoke Valley.
Mr. Clark introduced Mr. Cary Saul, Deputy Director of Engineering
for Mecklenburg County, North Carolina, which presently has an
exemplary program of recycling in effect.
Mr. Saul advised that Mecklenburg County has been actively
involved in its recycling program for six years, with the curb-side
program expected to go City-wide in January, 1990. He stated that in
order for Roanoke's program to work, it will require a change in the
attitude of citizens and how they handle waste as well as how much they
generate, etc., in order to get them involved in the program and com-
mitted to its success. He presented samples of brochures which were
used by Mecklenburg County in its public education campaign.
The City Manager advised that before the end of the week, the
multi-bin containers would be delivered to the home of each Council
member. He stressed that the most important element to a successful
recycling program is educating the public; that it should be remembered
that this is a state mandated program which will cost the City a signi-
ficant amount of money with regard to recycling deadlines which are
very real; and he hoped Council Members would agree that the Task Force
has thoroughly researched the issue and developed a comprehensive and
good proposal which he, as City Manager, endorses to Council.
Following questions and com~nents by the Vice-Mayor and Members of
Council with regard to costs, recyclable items, special provisions for
handicapped and elderly citizens, volunteer placement of containers at
street-side or alley-side, educating citizens, the number of containers
to be distributed per household, regulations prohibiting scavenging,
commercial recycling, and co-mingling versus multi-bin containers, the
Vice-Mayor declared the special meeting adjourned at 1:30 p.m.
ATTEST: _~~
City Clerk
APPROVED
Vice-Mayor
581
m
582
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 18, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, December 18, 1989, at 2:00 p.m., the regular
meeting hour, wi th Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~, as amended.
PRESENT: Council Members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser and
Mayor Noel C. Taylor ........ 7.
ABSENT: None .............
Oe
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wiiburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend E. T. Burton,
Pastor, Sweet Union Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
PUBLIC HEARINGS:
TAXES-CITY CODE-FLOOD CONTROL/REDUCTION: Pursuant to motion of
the Council on Monday, December 4, 1989, the City Clerk having adver-
tised a public hearing for Monday, December 18, 1989, at 7:30 p.m., or
as soon thereafter as the matter may be heard, on a proposal to
increase the tax on the purchase of utility services from 10 to 12 per-
cent, with such tax to be applicable to the first $15.00 per month for
the period of October 1 through May 31 of each year, the matter was
before the body.
Legal advertisement of the public hearing was published in the
Roanoke Times & World-News on Sunday, December 10, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29883) AN ORDINANCE amending and reordaining subsection (a) of
§32-169, Levied; amount and repealing §32-169.1, Amount of tax on and
after October 1, 1979, on and after October 1, 1980, and on and after
October 1, 1981, of Chapter 32, Taxation, of the Code 6f the City of
Roanoke (1979), as amended, in order to increase the amount of tax
i¢9osed on purchasers of a utility service, upon certain terms and con-
ditions and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 51, page 481.)
The motion was seconded by Garland.
The Mayor inquired if there were persons present who would like
to address Council with regard to the proposed increase, at which time
no person expressed a desire to be heard.
Mr. Kit B. Kiser, Director of Utilities and Operations, advised
that a flood reduction project along the Roanoke River has been before
the community for approximately 20 years; that the matter has been
actively pursued since the feasibility study was presented by the
United States Army Corps of Engineers in 1984; that there has been a
series of meetings, workshops, etc., with sample projects and most
recently, in January 1989, Council considered a report of the City
Manager in which it voted to place the matter before the citizens by
way of a referendum, which referendum passed by a two-thirds majority
583
vote of the electorate. He explained that the City has been required
by the Corps of Engineers to make a legal commitment in the form of a
local cooperation agreement, but before the agreement can be signed,
the financing must be in place, therefore, it is necessary to establish
the mechanism to fund the $7.5 million which is a part of the overall
$14 million of local cost. He stated that cost estimates continue to
change somewhat and called attention to a communication from the U. S.
Army Corps of Engineers in which the Corps has projected the addition
of approximately $300,000.00, $260,000.00 of which is attributed to the
formal designation in September of the Roanoke Logperch from a
threatened to an endangered species that causes additional monitoring
costs and provides that construction will not con,hence until March 1991
inasmuch as there must be a 12 month monitoring period. He stated that
the City needs to be in a position to authorize the City Manager to
execute the local cooperation agreement, and Council was requested to
make the necessary revisions to the utility tax so that financing will
be in place.
Mr. Musser made the observation that the measure increasing the
utility tax rate did not contain a "sunset clause" at the end of the
flood reduction project, advising that he would not want future
Councils to think that they have blanket approval on the 12 per cent
rate; and it should be stated that the intent of Council is that the
two per cent increase would be utilized to pay off the bonded indebted-
ness of the flood reduction project.
The City Manager advised that it was important for Council to
understand that the way the local cooperation agreement is currently
being written would require the City to maintain the project in per-
petuity.
In responding to Mr. Musser's question, the Director of Finance
stated that a properly worded measure could be brought to Council at
the time the bonds are sold, advising that there is no way to determine
if the bonds will be 12, 15 or 20 year bonds.
Mr. Schlanger also advised that out of approximately 40 cities in
the Con~nonwealth of Virginia, only three cities have a utility tax less
than the City of Roanoke's; that five other cities are currently at ten
per cent; and ail of the other cities have a higher utility tax rate
than Roanoke, with over one-half of the 40 cities having a 20 per cent
utility tax.
There being no further discussion, Ordinance No. 29883 was adopted
on its first reading by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor--- 7.
None---
Mr. Trout offered the following emergency Ordinance:
(#29884-121889) AN ORDINANCE authorizing the execution by the
proper City officials of a Local Cooperation Agreement for the Roanoke
River Flood Reduction Project, upon certain terms and conditions, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 476.)
m
ACTION:
Mr. Trout moved the adoption of Ordinance No. 29884-121889. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor--- 7.
NAYS: None---
Oe
ACTION:
Mr. Garland moved that the City Attorney be instructed to prepare
the proper measure increasing the amount of any single utility tax
imposed upon the purchaser thereof from a maximum of $2,000.00 to
$2,400.00 per month, applied to each separate meter on location of the
purchaser. The motion was seconded by Mr. Musser and unanimously
adopted.
!' /
!
584
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters 'listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (Al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (Al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............... 7.
NAYS: None- O.
HUMAN RESOURCES: A communication from Ms. Lois B. Eary tendering
her resignation as a member of the Advisory Board of Human Resources,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor .......... 7,
NAYS: None ................
O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
ZONING: A communication from Mr. L. Elwood Norris, Chairman,
Board of Zoning Appeals, advising that his term as Chairman of the
Board of Zoning Appeals will expire on December 31, 1989; that the term
of each of the members of the Board expires on the same date; that
since each member serves on for the same length of time, it is entirely
possible that the Board may someday consist entirely of new members;
and under such circumstances, interpretations of the Zoning Ordinance
consistent with previous rulings may not occur, was before Council.
It was further advised that members of the Board believe that the
interests of the City would be best served if the terms of each of the
Board members were staggered so that no more than two members are eli-
gible for reappointment at any time.
The Board of Zoning Appeals recommended that Section 62(8),
Zoning, of the City Charter be amended to provide that terms of members
of the Board of Zoning Appeals shall be staggered so that no more than
two members will be eligible for reappointment at any given time.
(For full text, see report on file in the City Clerk's Office.)
ACT[ON:
ACTION:
Mr. Garland moved that the matter be referred to the City Attorney
for inclusion in the City's proposed Legislative Program for 1991. The
motion was seconded by Mr. Musser and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY TREASURER-BONDS: The City Manager submitted a written report
advising that at the regular meeting of Council on Monday, November 8,
1989, Mr. Gordon E. Peters, City Treasurer, informed Council that
Section 37, of the City Charter requires that he "give bond in such sum
as the Council may prescribe with surety to be approved by Council,
sufficient for the faithful discharge of the official duties in rela-
tion to the revenue of the City, and such other official duties as may
be imposed upon him by the Charter and the Ordinances of the City.";
and at the same meeting, the City Attorney recommended that Council
refer the matter to the City Manager for review and recommendation,
which action Council approved unanimously.
The City Manager r~commended that Council adopt the appropriate
legal and budget measures which would approve the following recommen-
dations:
Sum of the bond for the Treasurer should be set at
$1,000,000.00 per year for the term of January 1,
1990 - December 31, 1993;
Surety: Fidelity and Deposit Company of Maryland
has been determined to be an acceptable provider of
the desired coverage; and
Cost of the bond to cover the Treasurer's four-year
term will be $10,916.00, which is $8,495.00 more
than was budgeted. The budget shortfall is due to
the Treasurer's projection that the bond amount
would remain at the current level of $200,000.00
per year. The shortfall can be covered by trans-
ferring $8,495.00 from General Services Reimburse-
ment, Account No. 001-050-1237-8005, to Treasurer's
Insurance, Account No. 001-020-1234-3020.
Mr. Trout offered the following emergency budget Ordinance:
(#29885-121889) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 476.)
Mr. Trout moved the adoption of Ordinance No. 29885-121889. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ......... 7.
NAYS: None ......... O.
Mr. Fitzpatrick offered the following Resolution:
(#29886-121889) A RESOLUTION prescribing the amount of the bond
of the Treasurer of the City of Roanoke and approving the surety
thereon.
(For full text of Resolution, see Resolution Book No. 51, page 477.)
585
586
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No. 29886-121889.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor .......... 7.
NAYS: None ............... O.
BUDGET-FIRE DEPARTMENT-EQUIPMENT: The City Manager submitted a
written report advising that the Fire Program Fund was enacted by the
General Assembly, effective October 4, 1985, pursuant to Section 38.1-
44.1, of the Code of Virginia (1950), as amended; that the sunset
clause requiring expiration of the fund on July 1, 1990, has now been
removed; and the City's annual allotment of state funds will continue
indefinitely.
It was further advised that funds to support the program are
derived from an .8% surcharge on all fire insurance premiums collected
throughout the Commonwealth; that the Fire Program statute provides
that funds received are to be non-supplanting and must be used in
accordance with the provisions established by the Department of Fire
Programs; and funds provided by the program may be used for the
following:
Fire service training - the Fire Department may use
money received to purchase equipment for training
programs, employment of outside instruction and
tuition reimbursement of approved training.
Regional fire service training facilities - funds
may be used to construct, improve, and expand
regional fire service training facilities.
Firefighting equipment - funds may be used to
purchase fire hose, forcible entry tools, ladders,
radio equipment, etc.
Personal protective clothing - funds may be used to
purchase helmets, eye protection, protective hoods,
boots, coats, pants, and gloves.
It was explained that the City Treasurer received a check, in the
amount of $105,413.46, from the Department of Fire Programs on July 7,
1989; and Council's action is needed to accept and appropriate the
funds and authorize the Director of Finance to establish Grant Fund
accounts from which the Fire Department may disperse these funds to
purchase equipment in accordance with provisions of the program, as
follows:
Expendable equipment - $80,413.46 - to purchase
improved protective clothing, hand tools, nozzles,
upgrade self contained breathing apparatus and
other fire suppression equipment; and
Traini)[g and development - $25,000.00 - to purchase
training films, books and manuals to be used in the
Departments' training program.
The City Manager recommended that Council accept funds from the
Department of Fire Programs and appropriate said funds to accounts to
be established by the Director of Finance, whereby the funds can be
appropriated and expended in accordance with the provisions established
by the Department of Fire Programs in order purchase training aids,
fire suppression equipment and improve protective clothing; and
increase the revenue estimate for the grant funds, in the amount of
$105,413.46.
ACTION:
Mrs. Bowles offered the following emergency budget Ordinance:
(#29887-121889) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 478.)
Mrs. Bowles moved the adoption of Ordinance No. 29887-121889. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Ma%or Taylor ............. 7.
NAYS: None ...........................
BUDGET-HUMAN RESOURCES-EQUIPMENT: The City Manager submitted a
written report advising that Council approved 18 new positions for
Social Services for fiscal year 1989-90; that Social Services is now in
the process of filling these positions; and furniture and equipment
necessary to support the positions has been identified, as follows:
5311 - Administration
1 - table w/keyboard tray
2 - executive desk
3 - data keyboard tray
$ 350.00
900.00
150.00
5313 - Income Maintenance
4 - under table cabinets
3 - secretary Chairs
11 - swivel chairs
8 - 30 x 60 desks
I - typewriter
1,000.00
675.00
3,850.00
7,200.00
900.00
5314 - Services
2 - typewriters
3 - secretary chairs
1,800.00
675.00
It was further advised that furniture and equipment is requested
and items listed above will be procured through the State Contract
System or through competitive request for quotation by the General
Services Department; that cost of the equipment will be 80 percent
reimbursed by the State Department of Social Services, with 20 percent
local funds needed to match State funds; and Council is requested to
transfer available local funds to match the State funds.
The City Manager recommended that Council authorize the following:
Transfer $3,500.00 from the General Fund
Contingency, Account No. 001-002-9410-2199, to
Department of Social Services, as follows:
Account No. 001-054-5311-2035
$100.00 - Expendable Equipment
Account No. 001-054-5313-2035
$1,105.00 - Expendable Equipment
Account No. 001-054-5314-2035
$135.00 - Expendable Equipment
Account No. 001-054-5311-9005
$180.00 - Furniture and Equipment
Account No. 001-054-5313-9005
$1,620.00 - Furniture and Equipment
Account No. 001-054-5314-9005
$360.00 - Furniture and Equipment
587
588
ACTION:
Increase revenue estimate of funds received from
the State Department of Social Services, Account
No. 001-020-1234-0676, and corresponding increases
in Social Services Expenditure accounts, as
follows:
Account No. 001-054-5311-2035
$400.00 - Expendable Equipment
Account No. 001-054-5313-2035
$4,420.00 - Expendable Equipment
Account No. 001-054-5314-2035
$540.00 - Expendable Equipment
Account No. 001-054-5311-9005
$720.00 - Furniture and Equipment
Account No. 001-054-5313-9005
$6,480.00 - Furniture and Equipment
Account No. 001-054-5314-9005
$1,440.00 - Furniture and Equipment
(For full text, see report on file in the City Clerk's Off;ce.)
Mr. Musser offered the following emergency budget Ordinance:
(#29888-121889) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 478.)
Mr. Musser moved the adoption of Ordinance No. 29888-121889. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............. 7.
NAYS: None ............
Oe
BRIDGES-FLOOD CONTROL/REDUCTION: The City Manager submitted a
written report advising that a feasibility study for the Roanoke River
Flood Reduction Project by the U. S, Army Corps of Engineers noted the
need to replace the two low-water bridges on Wiley Drive for the
following reasons:
Flood Reduction would be enhanced with a hydrauli-
cally efficient bridge structure.
Pedestrian Safety on the recreation trail crossing
the bridges would be enhanced by providing a wider
roadway.
It was further advised that 1988 Annual Bridge Inspection Reports
noted that the bridges were showing signs of abuse from floodwaters;
that the Local Cooperation Agreement (LCA) for the Roanoke River Flood
Reduction Project identifies the low-water bridge replacements as a
project element to be funded from non-federal sources; and Council
approved a Letter of Intent, dated November 22, 1988, requesting the
Corps of Engineers to design the bridge replacement.
It was explained that the Corps of Engineers has drafted a design
agreement for the low-water bridge replacements; that the agreement
contains a cost ceiling, in the amount of $150,000.00, and payment will
be for actual hours expended on the design; and project schedule calls
for bidding the flood reduction project in January, 1991.
589
m
m
ACTION:
ACTION:
The City Manager recommended that he be authorized to execute a
Memorandum of Agreement with a cost ceiling, in a form subject to
approval by the City Attorney, with the U. S. Army Corps of Engineers,
in an amount not to exceed $150,000.00; and appropriate $150,000.00
from the 1989-90 Capital Maintenance and Equipment Replacement Program
to the Capital Projects Fund to an account entitled, Roanoke River
Flood Reduction Project - Streets and Bridges.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29889-121889) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Capital Projects Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 479.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29889-121889.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..... 7.
NAYS: None .....................
Mr. Musser offered the following emergency Ordinance:
(#29890-121889) AN ORDINANCE authorizing the execution of a
contract with the United States Arnly Corps of Engineers for design of
the Wiley Drive bridge replacements in connection with the Roanoke
River Flood Reduction Project, upon certain terms and conditions; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 490.)
Mr. Musser moved the adoption of Ordinance No. 29890-121889. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ................... 7.
NAYS: None-- .0.
BUDGET-SCHOOLS: The City Manager submitted a written report
advising that Virginia Western Community College requested a contribu-
tion toward site development costs for a new classroom and laboratory
building as a part of the fiscal year 1989-90 budget development pro-
cess; that total cost of the project is an estimated $2.8 million
funded by the State and surrounding local governments; that site deve-
lopment costs for the project total $184,000.00, and are traditionally
cost-shared by the six surrounding local governments based upon a for-
mula which factors the percent of students served, the true valuation
percent, ,nd the population percent per locality; and the amount
requested of the City is approximately 38 percent of the total funding
requested from all local governments for site development costs, or
$69,268.00.
It was further advised that the distribution formula utilized
addresses the State requirement that community colleges obtain site
work from non-general funds; that Council approved $68,000.00 for this
purpose as a part of the Recommended Expenditures for Fiscal Year
198g-90 Capital Maintenance and Equipment Replacement Program (CMERP)
at its October 9, 1989, meeting; that the first installment of the
funds to be appropriated, or $34,635.00, will be needed by January 1,
19g0; and the second installment will be requested after October 1,
19g0.
590
ACTION:
ACTION:
The City Manager recommended that Council approve the request for
appropriation of the first installment of $34,635.00 in site develop-
ment funding from the Capital Maintenance and Equipment Replacement
Program to Contributions - Cultural, Virginia Western Community
College, Account No. 001-002-7220-3710.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29891-121889) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 480.)
Mrs. Bowles moved the adoption of Ordinance No. 29891-121889. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ................. 7.
NAYS: None .......... O.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 29875 permanently vacating,
discontinuing and closing the easterly eight feet of the right-of-way
of Wycliffe Avenue, S. W., from its intersection with McClanahan
Street, to its intersection with Evans Mill Road, being a total area of
1,398 square feet, having previously been before the Council for its
first reading on Monday, December 11, 1989, read and adopted on its
first reading and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final adoption:
(#29875-121889) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 466.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29875-121889.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ........... 7.
NAYS: None .........
ZONING: Ordinance No. 29876 rezoning a portion of a tract of land
comprising approximately 5.30 acres, located on Airport Road and
Coulter Drive, N. W., 5732 Airport Road, N. W., identified as Official
Tax No. 6630105, from LM, Light Manufacturing District, to C-2, General
Coff~nercial District, having previously been before the Council for its
first reading on Monday, December 11, 1989, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#29876-121889) AN ORDINANCE to amend §36.1-3, Code of the City
of Roanoke (1979), as amended and Sheet No. 663, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 467.)
Mr. Trout moved the adoption of Ordinance No. 29876-121889. The
motion was seconded by Mr. Bowers and adopted by the following vote:
591
ACT]ON:
ACT]ON:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ....... 7.
NAYS: None ............
DOWNTOWN OFFICE TOWER-HUNTER VIADUCT-PARKING GARAGE-STREETS AND
ALLEYS: Ordinance No. 29877 permanently vacating, discontinuing and
closing a public alley extending in a westerly direction from Market
Street, S. E., along the northerly property line of Official Tax No.
4010116, for a distance of approximately 129 feet, said alley being 22
feet in width, having previously been before the Council for its first
reading on Monday, December 11, 1989, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#29877-121889) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 468.)
Mrs. Bowles moved the adoption of Ordinance No. 29877-121889. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ..... 6.
NAYS: Council Member Bowers
BONDS-HUNTER VIADUCT-DOWNTOWN OFFICE TOWER-PARKING GARAGE:
Ordinance No. 29878 authorizing the issuance of Six Million Eight
Hundred Thousand Dollars ($6,800,000.00) principal amount of general
obligation bonds of the City of Roanoke, Virginia, for the purpose of
providing funds to defray the cost of needed permanent public improve-
merits to streets, bridges, sidewalks, curbs, gutters, parks and plazas,
off-street parking facilities and government buildings and halls of and
for such City; fixing the form, denomination and certain other details
of such bonds; providing for the sale of such bonds; and authorizing
and providing for the issuance and sale of a like principal amount of
general obligation public improvement bond anticipation notes in anti-
cipation of the issuance and sale of such bonds, having previously been
before the Council for its first reading on Monday, December 11, 1989,
read and adopted on its first reading and laid over, was again before
the body, Mr. Trout offering the following for its second reading and
final adoption:
(#29878-121889) AN ORDINANCE authorizing the issuance of Six
Million Eight Hundred Thousand Dollars ($6,800,000.00) principal amount
of general obligation bonds of the City of Roanoke, Virginia, for the
purpose of providing funds to defray the cost of needed permanent
public improvements to streets, bridges, sidewalks, curbs, gutters,
parks and plazas, off-street parking facilities and government
buildings and halls of and for such City; fixing the form, denomination
and certain other details of such bonds; providing for the sale of such
bonds; and authorizing and providing for the issuance and sale of a
like principal amount of general obligation public improvement bond
anticipation notes in anticipation of the issuance and sale of such
bonds.
(For full text of Ordinance, see Ordinance Book No. 51, page 469.)
Mr. Trout moved the adoption of Ordinance No. 29878-121889. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ............ 6.
NAYS: Council Member Bowers
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
592
ACTION:
ACTION:
ACTION:
ACTION:
OTHER HEARINGS OF CITIZENS: NONE.
At 2:35 p.m., the Mayor declared the meeting in recess.
At 2:45 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNICL: Mr. Fitzpatrick moved with respect to the Executive
Session just concluded, that each Member of City Council certify to the
best of his or her knowledge that: (1) only public business matters
lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Executive Session was
convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ........... ~ 7.
NAYS: None ................
ZONING: The Mayor advised that the three year terms of Messrs.
L. Elwood Norris, Glynn D. Barranger, T. E. Roberts, Walter L. Wheaton,
and Richard A. Rife as members of the Board o~ Zoning Appeals will
expire on December 31, 1989, and called for nominations to fill tile
vacancies.
Mr. Garland placed in nomination the names of Messrs. L. Elwood
Norris, Glynn D. Barranger, T. E. Roberts, Walter L. Wheaton, and
Richard A. Rife.
There being no further nominations, Messrs. L. Elwood Norris,
Glynn D. Barranger, T. E. Roberts, Walter L. Wheaton, and Richard A.
Rife were reelected as members of the Board of Zoning Appeals for terms
of three years, each, ending December 31, 1992, by the following vote:
FOR MESSRS. NORRIS, BARRANGER, ROBERTS, WHEATON AND RIFE: Council
Members Trout, Bowers, Bowles, Fitzpatrick, Garland, Musser and Mayor
Taylor ............. 7.
AIR POLLUTION: The Mayor advised that the four year terms of
Messrs. Ruskin P. Arnold and Versal R. Dearing as members of the
Advisory and Appeals Board, Air Pollution Control, will expire on
December 31, 1989, and called for nominations to fill the vacancies.
Mr. Fitzpatrick placed in nomination the names of Messrs.
Ruskin P. Arnold and Versal R. Dearing.
There being no further nominations, Messrs. Ruskin P. Arnold and
Versal R. Dearing were reelected as members of the Advisory and
Appeals Board, Air Pollution Control, for terms of four years, each,
ending December 31, 1993, by the following vote:
FOR MESSRS. ARNOLD AND DEARING: Council Members Trout, Bowers,
Bowles, Fitzpatrick, Garland, Musser and Mayor Taylor ................ 7.
LIBRARIES: The Mayor advised that there was a vacancy on the
Roanoke City Public Library Board created by the resignation of Ms.
Katherine G. Cochran for a term ending June 30, 1992, and called for
nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Ms. Margaret A.
Winslow.
There being no further nominations, Ms. Margaret A. Winslow was
elected as a member of the Roanoke City Public Library Board to fill
the unexpired term of Ms. Katherine G. Cochran, resigned, ending
June 30, 1992, by the following vote:
FOR MS. WINSLOW: Council Members Trout, Bowers, Bowles,
Fitzpatrick, Garland, Musser and Mayor Taylor ....... 7.
593
There being no further business, the Mayor declared the meeting
adjourned at 2:50 p.m.
APPROVED
ATTEST:
City Clerk
594
SPECIAL MEETING ..... ROANOKE CITY COUNCIL
December 18, 1989
2:55 p.m.
The Council of the City of Roanoke met in special meeting in the City
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, December 18, 1989, 2:55 p.m., pursuant to
Section 10, Meetings of Council, of the Roanoke City Charter, and pursuant to
communication from the Mayor Onder date of December 14, 1989, with Mayor Noel C.
Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor ........... 7.
ABSENT: None ........... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor referred to the following communication calling the spe-
cial meeting of Council:
"December 14, 1989
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council,
Generally, of the Roanoke City Charter, please be
advised that I am calling a special meeting of the
Council of the City of Roanoke on Monday,
December 18, 1989, immediately following the regu-
lar meeting of City Council scheduled to commence
at 2:00 p.m., in the Council Chamber.
The purpose of the special meeting will be to con-
vene in Executive Session to discuss specific legal
matters requiring provision of legal advice by
counsel, being the terms and conditions of a con-
solidation agreement and other legal documents
currently being negotiated with other local govern-
ments.
Si ncerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor"
COUNCIL: Mr. Fitzpatrick moved that Council convene in Executive
Session to discuss specific legal matters requiring provision of legal
advice by counsel, being the terms and conditions of a consolidation
agreement and other legal documents currently being negotiated with
other local governments, pursuant to Section 2.1-344 (A) (7), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Trout and
adopted by the following vote:
595
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .......... 7.
NAYS: None ....... O.
At 3:00 p.m., the Mayor declared the special meeting in recess.
At 3:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
ACTION:
COUNCIL: Mr. Trout moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ................ 7.
NAYS: None ....... O.
There being no further business, the Mayor declared the special
meeting adjourned at 3:40 p.m.
APPROVED
ATTEST: .~/~
City Clerk
Mayor
596
SPECIAL MEETING ..... ROANOKE CITY COUNCIL
December 18, 1989
7:30 p.m.
The Council of the City of Roanoke met in special meeting in the
Exhibit Hall of the Roanoke Civic Center, 710 Williamson Road, N. E., City of
Roanoke, on Monday, December 18, 1989, at 7:30 p.m., pursuant to provisions of
Title 15.1, Chapter 17, Section 15.1-35, of the Code of Virginia {1950), as
amended, and pursuant to a communication from the Mayor under date of
December 14, 1989, with Mayor Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor .......... 7.
ABSENT: None ....... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor referred to the following communication calling the spe-
cial meeting of Council:
"December 14, 1989
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council,
Generally, of the Roanoke City Charter, please be
advised that I am calling a special meeting of the
Council of the City of Roanoke on Monday,
December 18, 1989, at 7:30 p.m., in the Exhibit
Hall of the Roanoke Civic Center, for the purpose
of conducting a public hearing on the Charter for
the proposed Roanoke Metropolitan Government.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor"
The Mayor advised that the City of Roanoke was pleased to hold the
public hearing, pursuant to provisions of Title 15.1, Chapter 7,
Section 15.1-35, Code of Virginia, 1950, as amended, in order that
citizens of the City of Roanoke would have an opportunity to comment
upon the request of the City of Roanoke and the County of Roanoke that
the 1990 Session of the General Assembly create a Charter for the pro-
posed Roanoke Metropolitan Government. He called attention to the
legal advertisement of public hearings which was jointly advertised by
the County of Roanoke and the City of Roanoke in the morning and
evening editions of the Roanoke Times and World-News on Friday,
December 8, 1989. He stated that Roanoke County would hold a public
hearing on Tuesday, December 19, 1989, at 7:00 p.m., in the Roanoke
County Administration Center.
The City Attorney advised that the clock began to run on con-
solidation negotiations on February 28, 1989, when citizen petitions
were filed with the two Circuit Courts; that from that date, the loca-
lities had one year until February 28, 1990, to effectuate a con-
solidation agreement; and since that time, there have been more than 20
negotiating sessions, tie stated that the consolidation agreement,
which is still in draft form, has been released to the public and a
public hearing will be held on the consolidation agreement probably
during the month of January. He advised that the Charter is the second
important element of the consolidation plan, which is incorporated by
reference in the agreement, and is an integral part of said agreement.
He stated that the Charter must be introduced at the 1990 Session of
the General Assembly on or before the first day of the session which is
January 10, 1990. He added that Council was present to hold a public
hearing on the Charter; that the public hearing was properly adver-
tised, and the purpose of the hearing is to offer citizens an oppor-
tunity to comment on whether the Charter should be introduced and
supported by Council at the 1990 Session of the General Assembly. He
stated that Council was not being asked to vote on the Charter at the
present time inasmuch as certain fine tuning may still be required; and
the Charter should be in final form by the next regular meeting of
Council on Tuesday, December 26, 1989, in order to permit Council to
vote on the Resolution requesting the General Assembly to enact the
Charter at the 1990 Session. He added that he would be pleased to
answer any questions of citizens and provide any citizen with a copy of
the proposed Charter for the Roanoke Metropolitan Government.
The Mayor inquired on three separate occasions if there were per-
sons present who would like to be heard on the proposed Charter for the
Roanoke Metropolitan Government. There being none, the Mayor called
attention to the number of hours spent by the negotiating team and
administration staff in order to prepare the document, in concert with
representatives of Roanoke County. He stated that the negotiating team
labored together to prepare a document that would be in the best
interest of the City of Roanoke and the County of Roanoke, and a number
of meetings were held to receive input and information from the public
with regard to alternatives, additions, or amendments.
Vice-Mayor Fitzpatrick, one of the City's representatives to the
negotiating team, expressed appreciation to the City Attorney who was
the third member of the negotiating team, the City Manager and the
Director of Finance and members of their respective staffs who spent a
considerable amount of time on consolidation along with their other
assigned tasks. He advised that the Charter was prepared by Mr. Paul
Mahoney, Roanoke County Attorney, and Mr. Wilburn C. Dtbling, Jr.,
Roanoke City Attorney, and expressed appreciation for their work.
Mr. Musser, also one of the City's representatives to the nego-
tiating team, expressed appreciation to the Members of Council for
allowing the City Attorney, the Director of Finance and the City
Manager to spend the amount of time that was necessary on the project.
He advised that Council was very cooperative and understanding in
allowing these administrative officials to spend the necessary time on
consolidation, while not insisting upon receiving other types of infor-
mation knowing full well that their administrative officials were
working day and night on the proposed Charter for Roanoke Metropolitan
Government.
Mr. Garland expressed appreciation to the negotiating team for the
hours of work they devoted to the task. He advised that it is
necessary to keep an open mind on the subject of consolidation and give
the plan an opportunity to work.
Mr. Trout advised that he hoped the lack of attendance at the
public hearing was a strong indication that Roanokers were involved in
certain other priorities with the Christmas holiday close at hand, and
following the Christmas season, he was of the opinion that their
priorities would turn to the issue of consolidation.
597
598
Mr. Bowers publicly commended Vice-Mayor Fitzpatrick and Council
Member Musser for the many hours they devoted to the consolidation
matter. He stated that they, along with the City Manager, the Director
of Finance and the City Attorney, were faithful to the mission of
bringing to the community a practical and reasonable plan that will
provide a good framework for local government in the Roanoke Valley
for the next decade and the next century. He advised that with the
Christmas season and with snow in the forecast, Council was fortunate
to have one citizen in attendance, however, the two localities have a
whole year, 1990, in which to educate the public about what the project
will mean for the entire Roanoke Valley. He predicted that 1990 will
be a good year because people in the City and the County will be able
to democratically decide for themselves what is best for local govern-
ment into the next decade and the next century.
Mrs. Bowles expressed appreciation to Vice-Mayor Fitzpatrick and
to Council Member Musser and the City's administrative staff for the
untold number of hours they spent on the project. She stated that the
fact that only one citizen was present was a good indication that suf-
ficient information had been communicated to the citizens of Roanoke.
The Mayor advised that he did not take the lack of persons in
attendance to indicate a lack of interest, however, the absence of a
large number of persons would suggest, in part, that they are in accord
with what the consolidation team has endeavored to do, that citizens
understand the process and they feel a sense of satisfaction that their
representatives have come forth with their best thinking for the total
Roanoke Valley.
There being no further business, the Mayor declared the special
meeting adjourned at 8:00 p.m.
ATTEST:
APPROVED
City Clerk
Mayor
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
December 26, 1989
2:00 p.m.
599
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, December 26, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T. Fitzpatrick,
Jr., Robert A. Garland, Howard E. Musser, James O. Trout and Mayor Noel C.
Taylor ........... 6.
ABSENT: Council Member David A. Bowers
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger, Director of Finance;
and Mary F. Parker, City Clerk.
The meeting was opened wi th a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; and a matter regarding
the acquisition of real property for public purpose.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and con~nittees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, and Mayor Taylor .............................................. 6.
NAYS: None ........... O.
(Council Member Bowers was absent.)
DIRECTOR OF FINANCE (BILLINGS AND COLLECTIONS)-TAXES: A report of
the Director of Finance advising that the City of Roanoke, through its
Office of Billings and Collections, has been a participating agency
with the Con~r~nwealth of Virginia's program for set-off debt collec-
tions since 1985; and through this involvement, the City has realized
payments of over $140,000.00 from individuals who have state income tax
refunds or lottery winnings who owe debts to the City, was before
Council.
600
ACTION:
It was further advised that this past claim year produced signifi-
cant results inasmuch as the City was able to submit 2,400 valid claims
totalling $261,698.00, successfully matched 688 individuals and
collected $37,950.00; that in addition to the payment of debts, the
program serves to locate debtors with updated address information,
which often times enables the City to collect additional monies from
the debtors which are not measured in these figures; and the program
also promotes significant psychological deterrents to debtors as the
word quickly spreads that set-off is effective.
It was explained that the program has received valuable help this
past year in terms of system enhancements; that through Council's
approval of funds from the Capital Maintenance and Equipment Replace-
ment Program, the City was able to purchase on-line access to the state
tax accounting and reporting system; and this access allows the
Department of Billings and Collections to add, delete, and modify
claims on-line with Richmond anytime during the year, which gives the
City access to social security number data and address information that
has been invaluable in skip tracing debtors.
It was further explained that the system has also allowed access
to the Division of Motor Vehicles information system; that the lines
were purchased with the plan of sharing access with the Treasurer and
the Commissioner of Revenue; that instantaneous access to files has
allowed the City to stay current on all parking ticket handling and has
provided valuable information for collection activities; and the claim
year 1990 has recently been submitted and accepted by the Commonwealth,
with the following category breakdown for submittal:
Personal Property Tax 1,177 $201,563.07
Water Sewer Accounts 638 43,963.11
Judgments 451 89,176.43
Library 194 15,233.29
Parking Tickets 784 11,992.31
Misc. Accounts Receivable 42 11,973.03
Weeds 27 7,634.00
Demolitions 9 8,465.32
3,322 $390,000.56
The Director of Finance pointed out that from total submittals,
the State has accepted 2,790, for a total claim of $321,382.84; that
the City will continue to add debts throughout the upcoming year as
needed; that matches will be made against 1990 State income tax refunds
and lottery winnings over $100.00; that the program has grown in a most
positive and effective way since the City's participation; and the
returns to the City have well justified the investment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ....... 6.
NAYS: None .......
Oe
(Council Member Bowers was absent.)
PENSIONS: A report of the Director of Finance advising that on
behalf of the Board of Trustees of the City of Roanoke Pension Plan, he
was pleased to provide Council with a copy of the Component Unit Finan-
cial Report for the year ended June 30, 1989; and further advising that
the Pension Plan continues to grow and remain in an extremely sound
financial position, was before the body.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor ............................... 6.
NAYS: None .......
(Council Member Bowers was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Messrs, Louis E. Ellis and Hill ary Lantz as ~mbers of the Roanoke
Neighborhood Partnership Steering Committee for terms of three years,
each, ending November 11, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor ............................................... 6.
NAYS: None .................................
(Council Member Bowers was absent.)
COUNCIL: An oral request of Council Member James O. Trout that
Council convene in Executive Session to discuss a matter regarding the
acquisition of real property for public purpose, pursuant to Section
2.1-344 (Al (3), Code of Virginia (1950), as amended, was before the
body.
Mr. Trout moved that Council concur in his request to convene in
Executive Session to discuss a matter relating to the acquisition of
real property for public purpose, pursuant to Section 2.1-344 (Al (3),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor ................ 6.
NAYS: None ......................................
(Council Member Bowers was absent.)
ANNUAL REPORTS: The Comprehensive Annual Financial Report of the
City of Roanoke for the year ended June 30, 1989, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor ............... 6.
NAYS: None ............
(Council Member Bowers was absent.)
601
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PETITIONS AND COMMUNICATIONS: NONE.
NONE.
REPORTS OF OFFICERS:
602
ACTION:
CITY MANAGER:
BRIEFINGS:
AFFIRMATIVE ACTION: The Assistant City Manager submitted a writ-
ten report on behalf of the City Manager, advising that the Affirmative
Action Plan provides for an annual briefing to Council on the status of
equal employment and affirmative action, which briefing incorporates
fiscal year 1988-89; that a revised Affirmative Action Plan was adopted
by Council on October 15, 1984; and Council was last briefed on
January 23, 1989.
It was further advised that Cityworkforce analysis indicates that
the percentage of minority workers to the total composition is con-
sistent with that of fiscal year 1987-88; that further analysis indica-
tes that in all job categories, the City continues to maintain a total
workforce composition for minorities equal or better than the percent
of available workforce in the Roanoke Standard Metropolitan Statistical
Areas (SMSA); that fiscal year 1988-89 hiring analysis of the City's
full-time workforce in all EEO categories indicates that 29% of new
hires were minorities and 38% were females; and new hires from July 1,
1988, through June 30, 1989, for regular employment included the
following:
Number Percent of Total
White Males 61 41%
White Femal es 44 30%
Mi nori ty Males 29 20%
Minority Females 11 7%
Other Males* 1 1%
Other Females* 1 1%
Total 147 100%
With regard to promotions during fiscal year 1988-89, it was
explained that 18% were minorities and 28% were females; and promotions
through June 30, 1989, all categories are as follows for promotions
through June 30, 1989:
Number Percent of Total
White Males 38 60%
White Females 14 22%
Minority Males 6 10%
Minority Females 5 8%
Total 63 100%
It was noted that future plans include holding a job fair with
major emphasis on recruiting minorities, airing radio announcements for
Police Officer vacancies, improving the quality of the City's recruit-
ment package and emphasizing improved in-house human relations
training; that affirmative action provides the City with vital resour-
ces in meeting the spirit and mandate of providing equal employment
opportunity for all persons, regardless of their race, color, national
origin or handicap; and in the City's continuing efforts to work toward
the goal of being an effective affirmative action employer, the City
plans to enhance its affirmative action program through a more compre-
hensive training effort, as well as increased emphasis on recruitment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted.
603
ACTION:
ITEMS RECOMMENDED FOR ACTION:
MUNICIPAL PARKING GARAGE: The Assistant City Manager submitted a
written report on behalf of the City Manager advising that management
of the Municipal Parking Garage was contracted with APCOA, Inc., by
agreement dated March 31, 1978; that the agreement was amended on
November 8, 1978, with regard to hours that the facility will remain
open and certain fees in the evening; that termination of the agreement
can be effective upon either party giving the other party 30 days writ-
ten notice; and APCOA, Inc., has requested transfer of management
responsibilities to Allright Roanoke Parking, Inc.
The City Manager recommended that Council authorize the appro-
priate City officials to assign the agreement from APCOA, Inc., to
Allright Roanoke Parking, Inc., to manage the Roanoke Municipal Parking
Garage, 121 Church Avenue, S. W.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29892-122689) AN ORDINANCE authorizing the assignment of the
management agreement for the Municipal Parking Garage, upon certain
terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 482.)
Mrs. Bowles moved the adoption of Ordinance No. 29892-122689. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor .......... 6.
NAYS: None ......... O.
(Council Member Bowers was absent.)
BUDGET-UTILITIES: The Assistant City Manager submitted a written
report on behalf of the City Manager advising that Council, at its
meeting on Monday, August 14, 1989, authorized the City Manager to
enter into a contractual agreement with S. J. Conner and Sons, Inc., in
the amount of $69,635.00 and 28 consecutive calendar days construction
time for the new fueling station at the Utility Lines site, 3447
Hollins Road, N. E.; and the contractor built the required retaining
wall to permit the fuel dispensing pumps to work off two levels, the
ground level and the truck bed level in order to facilitate the fueling
of truck mounted compressors and other equipment.
It was further advised that once the retaining wall was completed,
excavation was started inside the wall for the tank installation; that
when the topsoil had been removed, rock was encountered; that since the
extent of the rock was unknown and there was not a unit price for rock
removal, the contractor was instructed to remove the rock on a time and
material basis; that the extent of rock removed was for two 5,000
gallon fuel storage tanks plus the concrete anchor slab under both
tanks; that cost of the work was $8,066.89 less $864.27 originally
estimated to dig in earth only, or a net change of $7,202.62; and the
Manager of Utility Lines requested that a safety rail be installed
around the high portion of the fueling platform (from two to five feet
above the ground), 50 feet of three feet - zero inches high, two member
rail in the amount of $1,349.00.
The City Manager recommended that Council authorize execution of
Change Order No. 1 with S. J. Conner and Sons, Inc., in the amount of
$8,551.62 and 14 days additional construction time; and authorize the
Director of Finance to appropriate $5,186.62 from Previous Years'
Retained Earnings in the Internal Services Fund Account to Project
Account No. 006-056-2625-9060.
(For full text, see report on file in the City Clerk's Office.)
604
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29893-122689) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 482.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29893-122689.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor .......... 6.
NAYS: None ................
(Council Member Bowers was absent.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29894-122689) AN ORDINANCE approving the City Manager's
issuance of Change Order No. I to the City's contract with S. J. Conner
and Sons, Inc., relating to construction of the new fueling station,
Utility Lines site, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 483.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29894-122689.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor ............................. 6.
NAYS: None ......................
(Council Member Bowers was absent.)
BUDGET-SEWERS AND STORM DRAINS: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that
Ordinance No. 29203, approved by Council on April 17, 1989, authorized
the City Manager to execute a Consent Decree with the Commonwealth of
Virginia which provided a time schedule to meet State compliance by
November 5, 1989, for the Coyner Springs gravity sewer main extension
in Botetourt County, which compliance was met; and Ordinance No. 29203
also authorized negotiation and execution of an agreement with
Botetourt County providing for certain construction and treatment cre-
dits to partially offset the cost of the proposed new gravity sewer
line and providing for Botetourt County's ownership and maintenance of
the line.
It was further advised that Council, at its meeting on Monday,
April 17, 1989, awarded a contract to Dixon Contracting, Inc. for the
project, in the amount of $258,783.00 and 120 consecutive calendar
days; that Change Order No. i was approved by Council on Monday,
May 23, 1989, in the amount of $14,741.00 construction cost; that the
change was required by the State Water Control Board when leaking fuel
tanks were discovered at the nearby Exxon station that had contaminated
the soil all the way into the median strip between the dual lanes of
U. S. 460; that Change Order No. 2 was approved by Council on Monday,
July 10, 1989, in the amount of $116,324.00; that this change was
required when test pits were dug on each side of the highway and rock
was encountered before the sewer main elevation was reached and the
decision was made to tunnel under U. S. 460 rather than trying to jack
and bore; and additional design time was also required to implement
Change Order No. I and Change Order No. 2.
6O5
m;
ACTION:
It was explained that the Virginia Department of Transportation
requested that the pipe under the highway be changed from SDR 35 PVC to
ductile iron (from Manhole 7 to Manhole 8) after the tunnel work under
U. S. 460 had been completed, but before the pipe had been installed;
that downstream Manhole 7 had to be changed also with all of the pipe
fittings and labor for changing from PVC to ductile iron; and this, as
well as other quantity changes involved after measuring the in place
work, are as follows:
Ductile Iron Pipe & labor at M.ii. 7
Additional paving repair:
178.9 sq. yds. @ $12.50/sq. yd.*
Additional road shoulder stone
O.g cu. yds. at $25.00*
Grading and seeding **
4,101.9 sq. yds. at $3.00*
Additional rock
303.07 cu. yds. @ $6.50* per
cu. yd.
Unstable pipe bed material (mud
removed & gravel installed)
28.37 cu. yds. at $30.00* per
cu. yd.
Addition of one sewer connection at
Juvenile Detention Home (found during
excavation)
Over run on several other items from
bid quantity (deduct)
$ 3,642.34
2,236.25
22.50
12,305.70
1,969.96
851.10
1,311.44
( 181.75)
Total $22,157.54
*Cost same as unit price on Bid Form.
**Original bid quantity under-estimated. Final
quantities include topsoil stripping, stockpiling
and replacing on Jeter property in lieu of seeding.
The City Manager recommended that he be authorized to execute
Change Order No. 3 with Dixon Contracting, Inc., in the amount of
$22,157.54 and no additional time to the contract; and appropriate
$22,157.54 from Sewer Fund Previous Years' Retained Earnings to Coyner
Springs Sewer Extension, Account No. 003-056-8444-9065.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29895-122689) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Sewage Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 484.)
Mrs. Bowles moved the adoption of Ordinance No. 29895-122689. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor .......... 6.
NAYS: None .............
O.
(Council Member Bowers was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#29896-122689) AN ORDINANCE approving the City Manager's
issuance of Change Order No. 3 to the City's contract with Dixon
Contracting, Inc., for construction of the Coyner Springs Gravity
Sewer Main Extension; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 484.)
606
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No. 29896-122689. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor ...... 6.
NAYS: None ................ O.
(Council Member Bowers was absent.)
CITY SHERIFF-EQUIPMENT: The Assistant City Manager submitted a
written report on behalf of the City Manager advising that the City
Sheriff has the responsibility to deliver necessary criminal and civil
papers, to transport prisoners and other required related duties; that
inclement weather makes the duties extremely difficult and sometimes
unsafe; that emergency procurement of required equipment is provided
under Section 23.1-6, of the Code of the City of Roanoke (1979), as
amended; and currently no four-wheel drive vehicles are assigned to the
Sheriff's Department.
It was further advised that a vehicle, currently assigned to the
City Sheriff to assist in the completion of required duties, is
inoperable and in need of repair; that the repair cost and down time of
the vehicle is extensive; that the City Sheriff and the Manager of
General Services has inspected new four-door, four-wheel drive vehicles
that are avail-able on the lots of local dealers; and the following two
units were found to be available which meet the needs of the Sheriff
and the requirements of the City:
Fulton Trucks, Inc. - One (1) new 1990 Jeep,
four-door, four-wheel drive, in the amount of
$16,508.04.
Berglund Chevrolet, Inc. - One (1) new 1990 Jeep,
four-door, four-wheel drive, in the amount
$16,940.00.
The City Manager recommended that Council authorize emergency
purchase of one (1) new, four-door, four-wheel drive vehicle from
Fulton Trucks, Inc., in the total amount of $16,508.04.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29897-122689) AN ORDINANCE providing for the purchase of a
four-wheel drive vehicle for the City Sheriff's Department, upon cer-
tain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 485.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29897-122689.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor .................... 6.
NAYS: None ....... O.
(Council Member Bowers was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORT: The Director of Finance submitted copy of the
financial report of the City of Roanoke for the month of November,
1989.
(For full text, see report on file in the City Clerk's Office.)
607
ACTION: Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and adopted.
CITY ATTORNEY:
CONSOLIDATION: The City Attorney submitted a written report with
regard to a proposed Charter for the Roanoke Metropolitan Government
under date of December 26, 1989, advising that on December 18, 1989,
Council held the required public hearing with respect to the Charter;
and on December 19, 1989, the Roanoke County Board of Supervisors held
a public hearing on the Charter, and thereafter adopted a resolution
requesting the General Assembly to enact it into law at the 1990
Session.
The City Attorney presented a resolution for Council's con-
sideration approving the proposed Charter and requesting the 1990
Session of the General Assembly to enact it.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#29898-122689) A RESOLUTION requesting the 1990 Session of the
General Assembly of Virginia to enact a Charter for the Roanoke
Metropolitan Government, a regional government pursuant to Article VII,
§1, Constitution of Virginia.
(For full text of Resolution, see Resolution Book No. 51, page 486.)
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No. 29898-122689.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor ...... 6.
NAYS: None-- O.
(Council Member Bowers was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
TAXES-CITY CODE: Ordinance No. 29883 amending and reordaining
subsection (a) of §32-169, Levied; amount and repealing §32-169.1,
Amount of tax on and after October 1,' 1979, on and after October 1,
1980, and on and after October 1, 1981, of Chapter 32, Taxation, of the
Code of the City of Roanoke (1979), as amended, in order to increase
the amount of a tax imposed on purchasers of a utility service, upon
certain terms and conditions and providing for an effective date of
March 1, 1990, having previously been before the Council for its first
reading on Monday, December 18, 1989, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
m
(#29883-122689) AN ORDINANCE amending and reordaining subsection
(a) of §32-169, Levied; amount and repealing §32-169.1, Amount of tax
on and after October 1~ 1979, on and after October 1, 198D, and on and
after October 1, 1981, of Chapter 32, Taxation, of the Code of the City
of Roanoke (1979), as amended, in order to increase the amount of tax
imposed on purchasers of a utility service, upon certain terms and con-
ditions and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 51, page 482.)
ACTION:
Mrs. Bowles moved the adoption of Ordinance No. 29883-122689. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
608
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor ...................... 6.
NAYS: None ..... O.
(Council Member Bowers was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO~ENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
PENSIONS-SCHOOLS: Mr. Trout referred to the City's Pension Plan,
advising that he viewed the Plan as far superior to tile Virginia
Supplemental Retirement System. In evidence thereof, he stated that
three of the City's Constitutional Officers and their departments have
chosen to participate in the City's retirement system. He expressed
appreciation to the Director of Finance for his knowledge that has, in
part, taken the City's retirement system to a higher plateau. He
advised that inasmuch as certain Constitutional Officers have
recognized the strength the City's retirement plan, it should be made
available to others, if possible. He stated that if the present
Governor, past Governors and the Governor-Elect are willing to
recognize the need to bring teachers to a higher level of recognition
in the state and to bring their salaries above the national average, it
would be justifiable and proper for Council to follow that same
example. He stated that no department and no individual or system has
a greater impact or a greater influence on the lives of children than
school teachers, therefor, he was of the opinion that the City's pen-
sion benefit program should be extended to the City's school teachers.
Mr. Trout moved that the matter of including Roanoke City School
teachers in the City of Roanoke Retirement System be referred to the
Director of Finance for the purpose of conferring with appropriate
school officials and report to Council accordingly. In the event that
State law precludes such participation, the matter was also referred to
the City's 1991 Legislative Program for consideration by the City's
representatives to the General Assembly. The motion was seconded by
Mr. Musser and unanimously adopted.
OTHER HEARINGS OF CITIZENS:
The Mayor called attention to a fire that caused considerable
damage to the Total Action Against Poverty building located at 702
Shenandoah Avenue, N. W., on December 23, 1989, and recognized Council
Member Bowles, Council's liaison representative to the TAP Board of
Directors, for comments.
Mrs. Bowles advised that this tragedy was an unbelievable
situation. She expressed appreciation to the City Manager, the
Assistant City Manager and the Director of Human Resources who offered
assistance through City staff and to fire and police personnel who were
on hand to restore order. She advised that the TAP Board of Directors
met earlier in the day with Mr. Theodore Edlich, Executive Director,
and Mr. Cabell Brand, President of the Board, and it was heartwarming
to observe the positive attitude that these two men were able to
instill in their staff, directors and citizens of the Roanoke Valley.
She stated that offers of assistance by citizens, organizations and
City government, has been overwhelming; that a needs assessment list is
currently being compiled; and assistance will be requested of Roanoke
City and Roanoke County.
The Assistant City Manager advised that the City Manager was on
the scene over the weekend and after conferring with Mr. Brand and Mr.
Edlich, the command center on the first floor of the Municipal Building
will be turned over to TAP conmmncing Wednesday morning, December 27.
He advised that a number of meetings have been scheduled in order to
network and coordinate activities as much as possible.
Mr. James D. Ritchie, Director of Human Resources, advised that
TAP is one of the Roanoke Valley's most important community service
organizations which provides an array of community services to Roanoke
Valley citizens, and, for that reason, the City Administration has
tried to stay in close contact with Mr. Brand and Mr. Edlich during
this crisis situation in order to render as much assistance as
possible. He stated that having attended meetings throughout the day,
609
he was impressed with the organization of affairs which has already
taken place; and he was impressed with the extreme dedication and the
calm manner in which TAP officials were listing what had be done and
who was going to do it. He advised that he was happy to report that
TAP would be back in service in the very near future; that necessary
services would be rendered, but they would be scattered at locations
throughout the Roanoke Valley on a temporary basis. He expressed
appreciation to the community for the outpouring of support, advising
that it is hoped that it will not be long before TAP is back in opera-
tion and stronger than ever.
Mr. George C. Snead, Jr., Director of Administration and Public
Safety, advised that the fire alarm for 702 Shenandoah Avenue came into
the dispatch center on Saturday, December 23, 1989, at 10:09 a.m., and
Engine No. 5 was the first responding engine to the fire, arriving at
10:13 a.m.; and the Captain sized up the emergency and made the command
decision to upgrade the fire to a second alarm and instructed his com-
pany to make an offensive attack in an effort to locate the heart of
the fire and determine the extensiveness of the emergency. He stated
that when the Captain and his men went through the Shenandoah Avenue
entrance of the building, they found very heavy smoke, intense heat and
adversary conditions; that the communications center called in other
engine companies and ladder companies to provide increased equipment
and manpower; that the command staff of the Fire Department was called
in and every member of the command staff responded to the emergency;
and paid personnel who were off duty were called in to man fire sta-
tions in the event that additional manpower was needed or in case there
were other fire instances in the City. He stated that the County of
Roanoke and the Town of Vinton were also requested to provide back-up
manpower.
Mr. Snead advised that the initial fire attack in the front of the
building was aborted, and a second offensive attack was made on the
second floor, whereby firefighters actually went through the windows
and again found heavy smoke and intense heat. He stated that after a
brief time in the building, firefighters could not find the core of the
fire and they backed out of the building through the same windows at
which time they actually saw a portion of the floor and ceiling fall as
they were exiting the building. He explained that the fire ventilated
the roof of the building some time in the next few minutes, at which
point the command structure in the Fire Department made the decision to
make an external attack of the fire because of the nature of the
building which was formerly used as an old flour and grain mill built
in approximately the World War I era, containing a myriad of levels and
sharp angular turns in the hallways which made interior attack very
difficult. He stated that at approximately 12:52 p.m, Chief Quarles
upgraded the response of the emergency to a three alarm fire and addi-
tional engine companies and ladder companies responded which provided
approximately nine companies of men on the scene and 30 additional per-
sonnel on a call back basis, and throughout the afternoon, the Fire
Departmentbattled with the fire and finally brought it under control,
with the last fire suppression company leaving the scene at approxima-
tely 4:30 p.m., on December 24. He stated that the fire scene
rekindled sometime around midnight on December 25 and personnel had
been on the scene since that time. He reported that no serious
injuries were sustained.
Mr. Snead called attention to and expressed appreciation for the
team effort displayed by members of the Fire Department, Police
Department, Emergency Medical Services personnel, the Public Works
Department, the Roanoke City Schools, the Roanoke Valley Chapter of the
American Red Cross and the Salvation Army.
Fire Chief Rawleigh Quarles advised that at present, personnel
from three engine companies and one ladder company was assigned to the
extinquishing process; and Alan Amos Wrecking Company was in the pro-
cess of tearing out the west wall of the western portion of the
building in order for fire suppression personnel to get water to the
scene of the fire. He expressed appreciation to every member of the
command staff and to every member of the Fire Department for their per-
formance, efficiency and obvious loyalty, dedication and professiona-
lism.
610
Mr. Cabell Brand, Chairman of the TAP Board of Directors,
expressed appreciation to the City for its support and understanding.
He advised that TAP was established 25 years ago when it received its
first grant and started the first headstart center, and submitted copy
of a list of the 31 programs of TAP, as well as a summary of the last
25 years. He stated that as a result of the fire, everything is needed
from paper clips to pencils, paper, zerox machines, computers, computer
programmers, and office space both temporary and permanent, advising
that the planning process is under way and TAP is in the process of
identifiying specific needs. He advised that it is recognized that the
problem is not exclusively a government responsibility, but a community
responsibility,and TAP was asking the community to respond along with
government participation.
Mr. Theodore Edlich, Executive Director of TAP, expressed his per-
sonal appreciation to the City of Roanoke and the Fire Department. He
also expressed appreciation for the continued support of the City
Manager, the Assistant City Manager, Messrs. Ritchie, Snead, and Clark
and to all persons who had rendered assistance in their time of need.
He advised that all of the programs of TAP would be in some kind of
operation by the end of the week and no later than next week in order
to render service to low income people.
Mr. Musser mentioned the possibility of TAP, on a temporary basis,
utilizing the former Jefferson High School building as a central loca-
tion, and asked if the building could be renovated on a temporary basis
until a permanent facility could be established.
Mr. Garland inquired if the vacated Hotel Roanoke building had
been considered as a temporary location until such time as permanent
facilities could be established.
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY:
ACTION:
At 3:25 p.m., the Mayor declared the meeting in recess.
At 4:05 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowers.'
COUNCIL: Mr. Trout moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor--r ..... -6.
NAYS: None ........
(Council Member Bowers was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 4:10 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
611
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
January 2, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, January 2, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, Howard E. Musser, James O. Trout and Mayor Noel C. Taylor--6.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr.---
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
dr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James P. Beatty,
Pastor, St. Paul A.M.E. Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss a special
award, being the Annual Citizen of the Year Award.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a special award, being the Annual Citizen
of the Year Award, pursuant to Section 2.1-344 (A) (10), Code of
Virginia (1950), as amended, was before the body.
(For full text, see con~nunication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss a special award, being the
Annual Citizen of the Year Award, pursuant to Section 2.1-344 (A) (10),
Code of Virginia (1950), as amended. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Mayor Taylor .................................................. 6.
NAYS: None ..................................................... O.
(Vice-Mayor Fitzpatrick was absent.)
TAXES: A report of the City Attorney advising that a public
hearing has been scheduled for Monday, January 8, 1990, at 7:30 p.m.,
on a proposal to increase the maximum amount for any single utility
tax applied to each separate meter or location from $2,000.00 to
$2,400.00 per m~nth, was before Council.
61'2
ACTION:
ACTION:
A~TION:
It was explained that before this tax amount may be increased,
§58.1-3007 of the Code of Virginia (1950), as amended, requires that
notice be published and that Council conduct an appropriate hearing.
The City Attorney noted that the Code of Virginia requires at least 60
days notice to the utility companies prior to any change in the ut(lity
tax structure; therefore, the effective date of the proposed Ordinance
implementing this change will be April 1, 1990.
(For full text, see report on file in tile City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Mayor Taylor ............ 6.
NAYS: None ....... O.
(Vice-Mayor Fitzpatrick was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
December 26, 1989, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Mayor Taylor .......... --6.
NAYS: None ................ ----0.
(Vice-Mayor Fitzpatrick was absent.)
AUDIT COMMITTEE: Minutes of the Audit Con~ittee meeting which was
held on Monday, December 18, 1989, were before Council.
It was explained that the Committee received, reviewed and filed
the Audit Report of the City of Roanoke School Activity Funds for the
fiscal year ended June 30, 1989; and received, revised and filed the
following reports from Peat, Marwick:
Evaluation of the Municipal Audit
Department as of June 30, 1989.
Opinion on the June 30, 1989 APA
Comparative Cost Report.
Management Letter of September 29,
1989, and the December 12, 1989,
response to this document.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the minutes be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Mu~ser, Trout and
Mayor Taylor ................ 6.
NAYS: None ............ O.
(Vice-Mayor Fitzpatrick was absent.)
HUMAN RESOURCES: A report of qualification of Mr. Acree Hayes as
a member of the Advisory Board of Human Resources for a term of four
years ending November 30, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
61'3
ACTION:
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
fol 1 owl ng vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Mayor Tayl or-. 6.
NAYS: None--- O.
(Vice-Mayor Fitzpatrick was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Ms. Flortne Thornhill as a member of the Roanoke Neighborhood Partner-
ship Steering Committee for a term of three years ending November 11,
1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Mayor Taylor--- 6.
NAYS: None .......... O.
(Vice-Mayor Fitzpatrick was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-EQUIPMENT-POLICE DEPARTMENT-CAPITAL MAINTENANCE AND EQUIP-
MENT REPLACEMENT PROGRAM (CMERP): The City Manager submitted a written
report advising that on October 9, 1989, Council designated $37,500.00
in the Capital Maintenance and Equipment Replacement Program to provide
for procurement of necessary portable radios for the Police Department;
and in May, 1988, competitive bids were secured, with Motorola C & E,
Inc., being awarded the bid and stating that the prices quoted would
remain valid until notified.
It was further advised that Motorola C & E, Inc., has notified the
City that the quoted price still remains firm as bid; that the 25
radios noeded w(ll cost $1,495.00 per unit, for a total of $37,375.00;
and the price has been reviewed and compared to the original bid docu-
ment by representatives of General Services and Communications.
The City Manager recommended that Council authorize the Director
of Finance to transfer $37,375.00 from the General Fund Contingency -
Equipment Replacement, Account No. 001-002-9410-2202, to Police
Department, Account No. 001-050-3113-9015, to provide funds for the
purchase of portable radios.
(For full text, see, report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29899-10290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 487.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29899-10290. The
motion was seconded by Mr, Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Mayor Tayl or ........ 6.
NAYS: None ................................
.0.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-CITY INFORMATION SYSTEMS-EQUIPMENT: The City Manager sub-
mitted a written report advising that Retained Earnings Accounts are
designated in Internal Service Funds to support prioritized expen-
ditures necessary for the efficient continued operation of Internal
Service Departments; that City Information Systems has identified a
need for computer equipment for systems development; that approval by
Council is required for single purchases exceeding $10,000.00, as
stated in Chapter 23.1, Procurement, the Code of the City of Roanoke
(1979), as amended; and single purchases will be appropriately pro-
cessed through the State Contract System or through competitive request
for quotations by the Department of General Services, in accordance
with the Procurement Code.
The City Manager recon~nended that the Director of Finance be
authorized to appropriate $43,182.00 from the Internal Services
Retained Earnings Account to City Information Systems, Account No.
005-050-1601-9015, to provide funds for the following purchases:
Seven new Personal Computers
$20,650.00
Seven new Printers for above
Personal Computers
3,574.00
Seven new Color Monitors for
above Personal Computers
3,430.00
Seven #3270 Connections for above units 2,835.00
Seven Emulation Programs for above units 1,592.00
One new #3174 Terminal Controller
8,601.00
Five new #3299 Multiplexers
2,500.00
Total $43,182.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29900-10290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 488.)
ACTION: Mr. Musser moved the adoption of Ordinance No. 29900-10290. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Mayor Taylor ....................................... 6.
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent.)
CITIZENS' SERVICES COMMITTEE-SALVATION ARMY: The City Manager
submitted a written report advising that the Salvation Army applied,
through the Citizens' Services Committee, for City funds to operate a
program for the homeless, in the amount of $25,000.00, and to operate a
shelter for battered women, in the amount of $25,000.00; that through a
m
61'5
written opinion, dated April 23, 1986, the City Attorney stated that
the City may contract with the Salvation Army, a church, or sectarian
institution, as long as the contract is for the care of indigent, sick,
or injured persons, and payment of City funds under any contract does
not exceed the fair market value of services rendered; that the
Citizens' Services Committee recommended an appropriation of $23,000.00
for fiscal year 1989-90 to be used for either program, and Council con-
curred in the recommendation; and the Salvation Army has requested that
the $23,000.00 be divided between the Abused Women's and Homeless
Programs, as follows:
$13,000.00 for the Abused Women's Program.
$10,000.00 for the Homeless Program.
The City Manager recommended that he, or his designee, be
authorized to execute two contracts approved by the City Attorney with
the Salvation Army for payment of services delivered by the Abused
Women's Program and the Homeless Program.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29901-10290) AN ORDINANCE authorizing the City Manager to enter
into two contracts with the Salvation Army for payment of services
delivered by the organization's Abused Women's Program and Homeless
Program to citizens of the City of Roanoke, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 488.)
ACTION: Mrs. Bowles moved the adoption of Ordinance No. 29901-10290. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Mayor Taylor-- 6.
NAYS: None-- O.
(Vice-Mayor Fitzpatrick was absent.)
LANDMARKS-CITY PROPERTY: The City Manager submitted a written
report advising that advertisement was placed in a local newspaper on
October 15, 1989, soliciting professional services proposals from
architectural/engineering fimms for the following:
"The production of contract documents from existing
preliminary drawings with minor study and changes,
the verification of preliminary estimated cost, the
advertising of the project, the reception of bids,
contract administration and periodic supervision of
the work performed by the contractor in the renova-
tion and restoration of the Campbell Avenue proper-
ties. The renovation will be to accommodate three
departments and their functions in the City
Government. The restoration shall be the design of
the work required to restore these historic
properties."
It was further advised that funding has been received from the
Division of Historic Landmarks, Department of Conservation and Historic
Resources, to assist in the preservation of the properties; that the
City of Roanoke has agreed to the historic restoration of the proper-
ties and has agreed to prepare a National Register Nomination for said
properties and to submit such nomination to the Division of Historic
Landmarks; and 12 firms responded to the advertisement, submitted pro-
posals and were deemed to be qualified for the project; that one firm
616
withdrew when interview times were scheduled due to workload; and
interviews were conducted with 11 firms on November 21 and 22, 1989,
with the firm of Horner and Associates, P.C., being chosen as the most
qualified for the project.
It was explained that the selected firm was once again interviewed
as to existing preliminary drawings and cost estimate for the proper-
ties and their fee proposal for the project; that Horner and
Associates, P. C. visited the properties, met with the three depart-
ments that will use the facility; and several suggested modifications
to the plans were advanced by the users, whereby concern was expressed
over the estimated project cost since the Virginia Historic Landmarks
Board had not been consulted as to the extent of its restoration
requirements, and the Building Commissioner and Fire Marshal had not
given a final ruling on their requirements.
It was further explained that Horner and Associates offered the
following proposal for preliminary phase of the work:
Prepare preliminary drawings for the properties,
acceptable to the user department, the Fire
Marshal, the Building Commissioner and the City
Engineer.
Employ Gibson Worsham as a restoration consultant
for preparation and presentation of the preliminary
drawings to the Board of the Historic Landmarks
Division and to comply with their requirements.
Mr. Worsham is recognized as a preservation con-
sultant by being listed on the Historic
Preservation Consultants list compiled by the
Department of Conservation and Historic Resources
Division of Historic Landmarks.
Employ a cost consultant to prepare an accurate
estimate of the project costs once the scope of the
work has been defined. This will give the City a
more dependable cost estimate, especially for reno-
vation and restoration work.
All three of these services shall be performed on
an hourly basis with the total fee not to exceed
$40,600.00. This fee is within the State of
Virginia Buildings and Grounds guidelines for
architectural/engineering services for preliminary
design work for this type project using two
consul rants.
Project scope and cost estimate at this point will
simplify negotiation for remainder of fee required
for contract document preparation and contract
administration.
The City Manager recommended that he be authorized to execute an
architectural/engineering services contract for the approved prelimi-
nary drawings for the project on an hourly rate basis, with the fee not
to exceed $40,600.00; that additional services to complete the contract
documents and project administration are subject to approval by Council
at a later date; and funding not to exceed $40,600.00 will be encum-
bered in Project Account No. 008-002-9620-9060, Campbell Avenue
Properties.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29902-10290) AN ORDINANCE authorizing the execution of a
contract with Homer and Associates, P.C., to provide preliminary
design and related services for the renovation and restoration of the
Campbell Avenue properties; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 489.)
617
m
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 29902-10290. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Mayor Taylor ........................ 6.
NAYS: None .... - ......... O.
(Vice-Mayor Fitzpatrick was absent.)
REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a written
report concurring in a report of a bid committee with regard to the
purchase of a refuse truck cab/chassis and body for the Refuse Collec-
tion Department.
The bid committee recommended that Council concur in the following
actions:
Accept the lowest responsible bids for refuse truck
cab/chassis and body, as follows:
Item #1 - One new refuse truck cab/chassis
delivered to the body manufacturer and
including performance bond, as submitted by
Fulton Trucks, Inc., in the total amount of
$64,937.95.
Item #2 - One new 20 cu. yd. refuse body to be
mounted on item #1, delivered F.O.B. Roanoke,
Virginia, and including performance bond, as
submitted by First Piedmont Corporation, in
the total amount of $23,570.00.
Authorize the Director of Finance to transfer
$88,507.95 from General Fund Contingency Equipment
Replacement, Account No. 001-002-9410-2202, to
Refuse Department, Account No. 001-052-4210-9010,
to provide for the purchase, and
Reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29903-10290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 489.)
Mr. Garland moved the adoption of Ordinance No. 29903-10290. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Mayor Taylor- 6.
NAYS: None ...... O.
(Vice-Mayor Fitzpatrick was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29904-10290) AN ORDINANCE accepting bids for a new refuse truck
cab/chassis and refuse body; rejecting other bids; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 490.)
61'8
ACTION: Mr. Garland moved the adoption of Ordinance No. 29904-10290. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Mayor Tayl or ............. 6.
NAYS: None-- O.
(Vice-Mayor Fitzpatrick was absent.)
CITY ATTORNEY:
CITY CODE-MISCELLANEOUS-COMPLAINTS-DISORDERLY CONDUCT AND ABUSIVE
LANGUAGE: The City Attorney submitted a written report advising that
during the past year, several troupes of male and female dancers have
come to the City to perform for audiences admitted for a fee at various
facilities; and the appearances have received wide-spread coverage in
the media.
It was further advised that both male and female dancers have per-
formed in G-strings and sometimes briefly exposed their genitals to
further excite the audience and encourage contributions of money; and
many citizens have complained that the performances adversely affect
the quality of the City's residential and business environment.
The City Attorney transmitted a proposed Ordinance making "unlaw-
ful exposure" or facilitating "unlawful exposure" a Class I Misdemea-
nor; advising that a Class I Misdemeanor is punishable by a fine of not
more than $1,000.00 or by imprisonment in jail for a period not exceed-
ing 12 months, or both; that in an effort to prohibit physical contact
between performers and patrons, the ordinance regulates the location of
performers; and Legitimate First Amendment protected activities are
exempted from the ordinance.
Mr. Dibling pointed out that the ordinance creates a constitu-
tional and enforceable regulatory scheme which is also recmmnended for
adoption by the Commonwealth's Attorney and the Chief of Police.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29905-10290) AN ORDINANCE amending the Code of the City of
Roanoke (1979), as amended, by enacting a new Division 3, Unlawful
Exposure and Facilitating Unlawful Exposure, to Article IV Obscenity,
of Chapter 21, Offenses - Miscellaneous, such new Division ~ consisting
of §§21-124, Definitions, 21-125, Unlawful exposure prohibited, 21-126,
Facilitating unlawful exposure prohibited, 21-127, Location of per-
formers providin~ certain forms of entertainment restricted, and
21-128, Exemptions; such new Division 3 defining the crimes of Unlawful
Exposure and Facilitating Unlawful Exposure, establishing penalties,
providing for exemptions and regulating the location of certain enter-
tainers; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 491.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29905-10290. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Mayor Taylor ..... 6.
NAYS: None ..................................................... O.
(Vice-Mayor Fitzpatrick was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
619
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
ACTION:
At 2:20 p.m., the Mayor declared the meeting in recess.
At 3:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Vice-Mayor Fitzpatrick.
COUNCIL: Mr. Trout moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Mayor Taylor--- 6.
NAYS: None ....
(Vice-Mayor Fitzpatrick was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 3:20 p.m.
City Clerk
APPROVED
Mayor
620
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
January 8, 1990
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, January 8, 1990, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Robert A.
Garland, Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowles
and Mayor Noel C. Taylor ....... 7.
ABSENT: None ....... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend John H. Ratledge,
Retired Minister.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday. April 6, 1981, the City Clerk having advertised a public
hearing for Monday, January 8, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Roanoke
Investments Associated, Inc., that a 0.43 acre tract of land lying near
the northeast intersection of Melrose Avenue and Country Club Drive,
N. W., identified as Official Tax No. 2660519, be rezoned from RS-3,
Residential Single-Family District, to LM, Light Manufacturing
District; and further requesting authorization to change the proffered
conditions to rezoning on the adjoining 2.184 acre tract of land
bearing Official Tax No. 2660519, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
December 22, 1989, and Friday, December 29, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning is to rezone a 0.43 acre parcel (formerly a
portion of Official Tax No. 2660502) to' LM, Light Manufacturing
District, in compliance with a condition set forth during the sub-
division approval process, and to amend a proffered condition presently
restricting the use of former parcel described as Official Tax No.
2660519 to the assembly of switchboards and telephone interconnect
devices, was before Council.
The Planning Commission recommended that the request for rezoning
be approved, advising that the proposed rezoning is compatible with
existing land use and zoning pattern in the area.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
ACTION:
(#29906) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant; and amending conditions
proffered in connection with previous rezonin9 of 2.184 acre portion of
Official Tax No. 2660519.
(For full text of Ordinance, see Ordinance Book No. 51, page 495.)
The motion was seconded by Mr. Musser.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29906 was adopted on its first reading by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ....................... 7.
NAYS: None ..................................................... O.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, January 8, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Ms. Nancy W.
Cross that a portion of Barns Avenue, N. W., approximately 672 feet in
length, as measured along the center of the abandoned roadway,
extending westerly from the eastern property line of a parcel of land
identified as Official Tax No. 6600101 to the right-of-way of Virginia
Route 117, be permanently vacated, discontinued and closed, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
December 22, 1989, and Friday, December 29, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the portion
of Barns Avenue, N. W., as requested for closure is an unused remnant
of the original roadway of Route 117, which right-of-way is 60 feet
wide; and the Virginia Department of Transportation discontinued this
section of roadway in 1963, was before Council.
The Planning Commission reconm~nded that Council close and vacate
a 672 foot section of Barns Avenue, N. W. (old Route 117), subject to
the following conditions:
"That the City Manager or his designee be
authorized to request that the Commonwealth of
Virginia determine the current status of title to
the remaining section (east of barricaded area) of
old Route liT/Barns Avenue, N. W., and if such
determination establishes that the Commonwealth of
Virginia still holds title thereto, that the City
Manager or his designee be authorized to request
that said title be conveyed to the City of Roanoke.
That the applicant agree to provide, and/or dedi-
cate and construct an adequate turnaround to a
standard acceptable to the City Engineer at the
terminus of Barns Avenue, N. W.
That the applicant agree to provide to the City a
subdivision plat and development plan, to provide
for street line division, all necessary easements
and protection of the existing tributary (creek)
that passes through the property.
That the ordinance providing for the closure
include the provision that such ordinance shall not
become effective until the above conditions have
been met and that if such conditions are not met
and a deed conveying title to the property referred
621
622
ACTION:
to in sub-part 2, of the City Planning Commission
report, is not accepted and recorded by the City
within a period of two years from the date of adop-
tion of the above-mentioned ordinance, then said
ordinance shall become null and void with no
further action by City Council being necessary."
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29907) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 496.)
The motion was seconded by Mr. Garland.
Mr. J. W. Cross was present in support of the request of the peti-
tion.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for closure. There being
none, Ordinance No. 29907 was adopted on its first reading by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...................................... 7.
NAYS: None ............. O.
CITY CODE-TAXES: Pursuant to motion adopted by Council on Monday,
Janua~ 2, 1990, the City Clerk having advertised a public hearing for
Monday, January 8, 1990, at 7:30 p.m., or as soon thereafter as the
matter may be heard, on a proposal to increase the maximum amount for
any single utility tax applied to each separate meter or location from
$2,000.00 to $2,400.00, the matter was before the body.
Legal advertisement of the public hearing was published in the
Roanoke Times & World-News on Sunday, December 31, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Attorney advising that at the regular meeting
of Council on Monday, December 18, 1989, his office was instructed to
prepare the proper measure increasing the maximum amount for any single
utility tax applied to each separate meter on location from $2,000.00
to $2,400.00 per month, was before the body.
It was further advised that before the tax amount can be
increased, §58.1-3007 of the Code of Virginia (1950), as amended,
requires that notice be published and that Council conduct an
appropriate hearing; that the Code of Virginia also requires at least
60 days notice to the utility companies prior to any change in the uti-
lity tax structure, therefore, the effective date of the proposed
Ordinance implementing the change will be April 1, 1990.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29908) AN ORDINANCE amending and reordaining subsection (b) of
§32-169, Levied; amount, of Chapter 32, Taxation, of the Code of the
City of Roanoke (1979), as amended, in order to provide a maximum
amount for any single utility tax applied to each separate meter or
location and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 51, page 498.)
ACTION: The motion was seconded by Mr. Fitzpatrick.
623
mi
ACT I ON:
ACTION:
ACTION:
The Mayor inquired if there were persons present who would like to
address Council with regard to the matter. There being none,
Ordinance No. 29908 was adopted on its first reading by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None ........................
O.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss a special
award, being the Annual Citizen of the Year Award; and personnel mat-
ters relating to vacancies on various authorities, boards, commissions
and committees appointed by Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, July 10, 1989, and Monday, July 24, 1989; the special meeting
held on Monday, August 14, 1989; and the regular meetings held on
Monday, August 14, 1989, and Monday, August 28, 1989, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .............. 7.
NAYS: None .......... O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a special award, being the Annual Citizen
of the Year Award, pursuant to Section 2.1-344 (A) (10), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a special award, being the
Annual Citizen of the Year Award, pursuant to Section 2.1-344 (A) (10),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........................ 7.
NAYS: None ......... O.
ZONING: A report of qualification of Messrs. Glynn D. Barranger,
T. E. Roberts and Walter L. Wheaton as members of the Board of Zoning
Appeals for terms of three years each, ending December 31, 1992, was
before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None ......... O.
624
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (Al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (Al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ..... 7.
NAYS: None ................... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-PLANNING-HEALTH DEPARTMENT (MENTAL HEALTH SERVICES OF THE
ROANOKE VALLEY): The City Manager submitted a written report advising
that Council approved the fiscal year 1989-90 Community Development
Block Grant (CDBG) program on April 10, 1989, pursuant to Ordinance No.
29512; that the fiscal year 1989-90 CDBG program included a matching
grant to Mental Health Services of the Roanoke Valley for renovation of
the Alcohol Detoxification and Rehabilitation Center on Shenandoah
Avenue, N. W.; and Council appropriated CDBG funds on June 26, 1989,
pursuant to Ordinance No. 29637, including $84,000.00 for the Alcohol
Detoxification and Rehabilitation Center renovation.
It was further advised that Mental Health Services has obtained
requisite matching funds from other local governments and the State to
provide for a quality renovation of the detoxification center,
including fire suppression equipment, described as follows:
State Mental Health Services
State Housing & Community Development
City of Salem
Botetourt County
Virginia Housing Development Authority
City of Roanoke CDBG
$100,000.00
94,100.00
5,560.00
1,451.00
64,889.00
84~000.00
Total $350,000.00
It was explained that The Architects Design Group has designed
renovation work and solicited contractors for the work and will super-
vise construction; that bids for renovation work were opened on
Decen~er 27, 1989, with the low base bid being in the total amount of
$338,700.00, with a contingency of $11,300.00 (3%) which brings the
base budget to $350,000.00; and funds for needed alternates, such as an
elevator, will be raised.
625
ACTION:
The City Manager recommended that he be authorized to execute an
agreement with Mental Health Services of the Roanoke Valley for renova-
tion of the Alcohol Detoxification and Rehabilitation Center at 801
Shenandoah Avenue, N. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29909-10890) AN ORDINANCE authorizing the execution of an
agreement with Mental Health Services of Roanoke Valley for the renova-
tion of the Alcoholic Detoxification and Rehabilitation Center at 801
Shenandoah Avenue, N. W., and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 493.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29909-10890.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .... 7.
NAYS: None--
CITY ATTORNEY:
TAXES: The City Attorney submitted a written report advising that
on June 12, 1989, Council adopted Resolution No. 29613, directing that
the City Attorney institute and conduct suit to collect delinquent real
estate taxes and assessments on 17 parcels of real estate lying in the
City of Roanoke; that notice of judicial sale of the real estate was
published in a local newspaper prior to instituting suit as required
by State law; that thereafter, taxes were paid on 11 parcels of pro-
perty by either the property owner or a trustee in the case of two
foreclosure sales, and the total amount collected in the cases was
$80,651.66; and the following suits to sell delinquent real estate were
filed in the Circuit Court for the City of Roanoke and are pending
before said Court:
City of Roanoke v. Kenneth C. and Beatrice F. Booth, et al.
Property address - 727 Riverland Road, S. E.
City of Roanoke v. Maynard G. and Lucille Shell, et al.
Property address - 1006 Jamison Avenue, S. E.
City of Roanoke v. Abdul Mubdee and Gloria Zakiyyah Shakir, et al.
Property address - 1423 Cove Road, N. W.
It was explained that there still exists within the City certain
real property on which taxes and assessments are delinquent, and
despite vigorous collection efforts, the taxpayers have refused to pay
the debts; and payment of all taxes and assessments on such property
may be enforced through a judicial sale conducted by the City for the
purpose of collecting the taxes thereon.
The City Attorney recommended that suit be instituted to collect
delinquent real estate taxes and assessments by judicial sale with
respect to the following properties.
Assessed Legal Property Delinquent
Owner(s) Description Address Taxes
Rucker, Ralph A.
and Gloria
Lot 12, Blk 39,
East Gate
(3220904)
1344 Archbold
Ave., N. E.
(owner occupied)
$2,028.94
Niblett, David Lee
and Mary Margaret
Lot 2, Blk 15,
WEL (1213007)
1706 Patterson
Ave., S. W.
(owner occupied)
$2,551.62
Banks, Francis and Lot 6, Blk 63,
Lucy C. Melrose
(2332206)
1810 Mercer Ave.,
N. W.
(owner occupied)
$3,127.44
626
ACTION:
Martin, Gracie,
et al.
E 1/2 Lots 12-13 2227 Clifton St.,
Villa Heights N.W.
(2430442) (vacant house)
$1,960.14
Martin, Gracie,
et al.
Lot 3, Blk 94,
Melrose
(23311O1)
Carroll Ave.,
N. W.
(vacant house)
$ 152.91
Jackson, Maceo &
Essie V.
Lot 4, Blk 2,
Franwill
(2330512)
1719 Carroll Ave., $3,884.73
N. W.
(vacant house)
(For full text, see report on file in the City Clerk's Office.)
The City Attorney advised that real estate taxes on the foregoing
properties are delinquent three or more years; that payment arrange-
ments were attempted but were unsuccessful; that parcels recommended
for sale represent the second phase of an on-going program of delin-
quent tax sales; and Section 58.1-3954, Code of Virginia (1950), as
amended, requires that any such suit be instituted and conducted in the
name of the City in which such taxes are assessed and at the direction
of the governing body of the City.
Mr. Musser offered the following Resolution:
(#29910-10890) A RESOLUTION directing that the City Attorney
institute and conduct suit to collect delinquent real estate taxes and
assessments by judicial sale.
(For full text of Resolution, see Resolution Book No. 51, page 494.)
Mr. Musser moved the adoption of Resolution No. 29910-10890. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........... 7.
NAYS: None .......... O.
REPORTS OF COMMITTEES:
SALE/PURCHASE OF PROPERTY-HEALTH DEPARTMENT: Council Member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the Committee with regard to exe-
cution of five year lease agreements and assignment of a lease for
approximately 3,100 square feet of office space located at 712
Patterson Avenue, S. W.
A staff report explained that office space is needed by the Health
Department to alleviate a severe shortage of space in present facili-
ties located at 515 and 530 - 8th Street, S. W.; and office space,
totalling approximately 3,100 square feet is being finished at 712
Patterson Avenue, S. W., across Campbell Avenue, from the Health
Department Building by the owner, Craig J. Putziger.
It was further explained that the lease agreement between the City
of Roanoke and the Virginia State Department of Health conforms to the
terms proposed for a lease to be entered into by the City and Mr.
Putziger for the office space; that space leased by the City from Mr.
Putziger will be sub-leased to the Health Department under similar
terms and conditions; that the terms of the lease include a five year
lease at a rate of $6.00 per square foot, totalling $1,550.00 per month
the first year with an annual increase beginning the second year of
five percent, and occurring annually thereafter for the term of the
lease, not to exceed $7.50 per square foot; that the lessee will obtain
complete occupancy of the property, including grounds and parking
areas; and the lessor will maintain the structure, grounds and parking
areas.
627
m
ACTION:
The Water Resources Committee recommended that Council authorize
appropriate City officials to execute five year lease agreements with
Mr. Craig J. Putztger, with assignment of the lease from the City to
the Virginia State Department of Health for approximately 3,100 square
feet of office space located at 712 Patterson Avenue, S. W.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29911-10890) AN ORDINANCE authorizing the proper City officials
to enter into a lease agreement with respect to certain property owned
by Craig J. Putziger at 712 Patterson Avenue, S. W., in the City of
Roanoke, upon certain terms and conditions; authorizing the sublease of
the property to the Virginia State Department of Health, upon certain
terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 495.)
Mrs. Bowles moved the adoption of Ordinance No. 29911-10890. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor-- 7.
NAYS: None ...... .0.
CITY PROPERTY-AIRPORT: Council Member Elizabeth T. Bowles, Chair-
man of the Water Resources Comittee, presented a written report on
behalf of the Committee with regard to execution of a five year lease
extension for a one acre parcel of land with improvements, being a por-
tion of a 12.93 acre parcel of land described as Official Tax No.
6640105.
A staff repor~ explained that execution of a five year lease for a
one acre site off Municipal Road, N. W., to Budget Rent-A-Car was
authorized by Council, pursuant to Ordinance No. 27325, adopted on
December 3, 1984; that the terms of lease, which included allowances
for the lessee's improvements on and off-site and which were based on a
mutually agreed upon fair market value of the improved site resulted in
an annual lease rate of $4,463.00 for the five year original term of
the lease; that the lease term ends on December 31, 1989, which
included provision for an additional five year extension on mutually
agreeable terms and conditions; and an option to purchase a one acre
tract of land was included in the original lease upon thirty days
notice by lessee.
It was further explained that extension of the lease for a second
five year term has been requested by Budget Rent-A-Car; that terms of
the extension will include an annual lease rate of $8,616.00 or $718.00
per month; that a purchase option will be included in the lease exten-
sion; and an option to purchase the property upon thirty days notice by
the lessee, at any time during the five year lease extension, at a
price determined by appraisal and approved and mutually agreed upon by
both parties, will include the requirement that the lessee accomplish
the subdivision of the property and conform to all appropriate City
codes and ordinances.
The Water Resources Committee recommended that Council authorize
appropriate City officials to execute a five year lease extension of
property on Municipal Road, N. W., to Budget Rent-A-Car of Roanoke,
Inc., for a one acre parcel of land with improvements and a portion of
a 12.93 acre parcel of land described as Official Tax No. 6640105.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
628
ACTION:
ACTION:
(#29912) AN ORDINANCE authorizing the proper City officials to
enter into a five-year extension of the lease agreement with purchase
option between the City and Budget Rent-A-Car of Roanoke, Inc., for a
one-acre parcel of land on the south side of Municipal Road, N. W.,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 499.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........ 7.
NAYS: None ............ O.
EASEMENTS-WATER DEPARTMENT: Council Member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the Committee with regard to the abandonment of old align-
ment of water line through River Park Shopping Center, Vinton,
Virginia, and dedication of the new easement on new alignment.
A staff report explained that the water line from Falling Creek/
Beaverdam Reservoirs, built in approximately 1907, through Vinton to
the City of Roanoke, passed through the area where the River Park
Shopping Center was built in 1988; that construction of the shopping
center necessitated a relocation of the water line and easement; and
relocation of the water line has been accomplished and the line tested,
accepted and placed in service.
It was further explained that the proposed (un-recorded) plat
showing the original location of the water line and new location of the
line, with a 20 foot water line easement and a 15 foot easement, has
been submitted for approval by P-N-C, a North Carolina General Partner-
ship, owner of the shopping center.
The Water Resources Committee recon~ended that Council authorize
abandonment of the original ten foot water line easement, and dedica-
tion of a new 20 foot water line easement (with pipe in place) through
property of P-N-C, a North Carolina General Partnership, owner, River
Park Shopping Center, Vinton, Virginia, as shown on a plat dated
October 19, 1989, prepared by T. P. Parker & Son, Engineers, Surveyors,
Planners entitled, "Easement Plat for P-N-C."
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29913) AN ORDINANCE authorizing the abandonment of a certain
water line easement and acceptance of the dedication of a new replace-
merit easement in connection with the River Park Shopping Center, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 499.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ............................. 7.
NAYS: None O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
m
ACTION:
ACTION:
ACTION:
ZONING: Mr. Trout expressed concern over the construction of a
subdivision on Ogden Road, S. W., without an approved site plan; the
construction of a Little Caesars Pizza Restaurant in Southwest Plaza
when Council had previously con~nitted itself that no fast food
restaurant would be located on the premises; a disagreement between two
neighbors over the placement of a retaining wall; and the office
complex under construction at the corner of McClanahan Street and
Stephenson Avenue, S. W. He read excerpts from the "South Roanoke
Neighborhood Plan" as well as the "Roanoke Vision". He stated that
inasmuch as certain zoning matters seem to be "falling through the
cracks", he would be in favor of requesting the City Attorney to con-
duct a review of the City's various codes, land development regula-
tions, etc., to determine if stronger enforcement measures need to be
enacted.
Mr. Trout moved that the City Attorney be requested to conduct an
in-depth review of the City's Zoning Ordinance to determine if stronger
regulations and management procedures would be in order. The motion
was seconded by Mr. Garland and unanimously adopted.
OTHER HEARINGS OF CITIZENS:
DRUG/ALCOHOL PREVENTION: Mr. Melvin W. Garrett, 706 Gilmer
Avenue, N. W., appeared before Council and presented details of a pro-
posed program to be known as "The Mayor's Anti-Drug Plan", advising
that his goal would be to provide participants with appropriate inter-
vention techniques and guidance as necessary to improve their oppor-
tunities in the community; to make participants aware of their current
status and capabilities; and to inform participants of minimum expec-
tations and what they must do to meet these expectations. He explained
that the program measures and utilizes self-esteem, self-evaluation,
behavior modification and positive reinforcement which will enable par-
ticipants to improve their opportunities for success.
Mr. Trout moved that the proposal be referred to the City Manager
and to the Superintendent of Schools for evaluation as to how it will
fit into existing drug and alcohol prevention programs of the City.
The motion was seconded by Mr. Bowers and unanimously adopted.
At 8:15 p.m., the Mayor declared the meeting in recess.
At 9:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Fitzpatrick moved with respect to the Executive
Session just concluded, that each Member of City Council certify to the
best of his or her knowledge that: (1) only public business matters
lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Executive Session was
convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ..... .7.
NAYS: None---
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY):
The Mayor advised that the three year term of Ms. Hortense W. Ruddick
as a member of the Mental Health Services of the Roanoke Valley Board
of Directors expired on December 31, 1989, and called for nominations
to fill the vacancy.
Mr. Garland placed in nomination the name of Ms. Hortense W.
Ruddick.
There being no further nominations, Ms. Hortense W. Ruddick was
reelected as a member of the Mental Health Services of the Roanoke
Valley Board of Directors for a term of three years, ending
December 31, 1992, by the following vote:
629
630
ACTION: FOR MS. RUDDICK: Council Members Fitzpatrick, Garland, Musser,
Trout, Bowers, Bowles and Mayor Taylor ........... 7.
Mr. Garland referred to a co~unication from the Board of
Directors of Mental Health Services of Roanoke Valley underdate of
December 8, 1989, submitting the name of The Reverend Clay H. Turner
for appointment as an at-large member of the Board; whereupon Mr.
Garland moved that Council concur in the appointment of Reverend Turner
as an at-large member for a term of three years, ending December 31,
1993. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
COURT COMbIUNITY CORRECTIONS PROGRAM POLICY BOARD: The Mayor
advised that the three year terms of Messrs. Beverly T. Fitzpatrick,
Sr., and Gordon H. Shapiro, as members of the Court Community
Corrections Program Policy Board expired on December 31, 1989, and
called for nominations to fill the vacancies.
Mr. Musser placed in nomination the names of Messrs. Beverly T.
Fitzpatrick, Sr., and Gordon H. Shapiro.
ACTION:
There being no further nominations, Messrs. Beverly T.
Fitzpatrick, Sr., and Gordon H. Shapiro were reelected as members of
the Court Con~nunity Corrections Program Policy Board for terms of three
years each,, ending December 31, 1992, by the following vote:
FOR MESSRS. FITZPATRICK AND SHAPIRO: Council Members Fitzpatrick,
Garland, Musser, Trout, Bowers, Bowles and Mayor Taylor .............. 7.
There being no further business, the Mayor declared the meeting
adjourned at 9:15 p.m.
ATTE ST:
City Clerk
APPROVED
631
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 16, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, January 16, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
MeetS, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~l~l~, as amended.
PRESENT: Council Members Robert A. Garland (arrived at 2:05 p.m.),
Howard E. Musser, James O. Trout, David A. Bowers, Beverly T. Fitzpatrick, Jr.,
and Mayor Noel C. Taylor ............................... 6.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Darryl G. Crim,
Pastor, North Roanoke Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
BID OPENINGS:
LIBRARIES: Pursuant to notice of advertisement for bids for roof
replacement at the Northwest Library, said bids to be received by the
City Clerk until 1:30 p.m., on Tuesday, January 16, 1990, and to be
held, opened and read before the Council at 2:00 p.m., on that date, or
as soon thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
~Consolidated Industrial Roofing,
Inc.
John T. Morgan Roofing & Sheet
Metal Co., Inc.
I. N. McNeil Roofing & Sheet
Metal Co., Inc.
AAR of North Carolina, Inc.
$12,610.00
18,237.00
18,637.00
20,500.00
*Deduct $1,O60.00 if one-half inch wood fiber is
used in lieu of one inch wood fiber.
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Bowers and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman,
William F. Clark and James D. Ritchie as members of the committee.
At this point, 2:05 p.m., Mr. Garland entered the meeting.
CITY PROPERTY: Pursuant to notice of advertisement for bids for
asbestos abatement at 118 through 124 Campbell Avenue, S. W., and the
Knights of Pythias Building, said bids to be received by the City Clerk
until 1:30 p.m., on Tuesday, January 16, 1990, and to be held, opened
and read before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
632
ACTION:
ACTION:
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
BIDDER ITEM I ITEM II
Strahle Construction
Co., Inc. $ 55,005.00 $ 2,375.00
Start Davis Co., Inc. 57,230.00 2,049.00
WACO, Inc. 65,440.00 3,200.00
ACMC, Inc. 79,289.00 1,000.00
LCM Corporation 111,488.00 1,850.00
Oneida Asbestos
Abatement, Inc. 121,000.00 10,750.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recon~nendation to
Council. The motion was seconded by Mr. Fitzpatrick and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman,
William F. Clark and James D. Rttchie as members of the committee.
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately.
ANNUAL REPORTS-ZONING: An Annual Report of the Board of Zoning
Appeals for the year 1989, was before Council.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. Trout moved that the Annual Report be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ........... .6.
NAYS: None .......
(Council Member Bowles was absent.)
HUMAN RESOURCES: A report of qualification of The Reverend
Frank W. Feather as a member of the Advisory Board of Human Resources
for a term of four years ending November 30, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ........... 6.
NAYS: None ........ O.
(Council Member Bowles was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
633
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CAPITAL IMPROVEMENTS PROGRAM: The City Manager and the Director
of Finance submitted a written report transmitting the Proposed for
Fiscal Years 1990-1994 Capital Improvement Program, advising that based
upon the completion of a five-step capital improvement programming pro-
cess and after considerable deliberation over the current financial
climate of the City, they are recon~nending an affordable updated Five-
Year Capital Improvement Program for Fiscal Years 1989-90 through
1993-94 that is comprised of Capital Fund and Enterprise Fund projects
in the Basic and Supplemental - Priority I Capital Improvement
Programs, as follows:
SUPPLEMENTAL
BASIC PRIORITY - I TOTAL
Capital Fund Projects
Enterprise Fund
Projects
$92,968,421.00
2,503,598.00
$18,971,489.00
$111,939,910.00
2,503,598.00
TOTALS
$95,472,019.00 $18,971,489.00 $114,443,508.00
The City Manager and the Director of Finance recommended that
Council concur in the following specific reconmmndations:
Five-Year Capital Improvement Program Approval -
approve the capital improvement projects recom-
mended for funding in the Five-Year Capital
Improvement Program, specifically those projects
included in the Basic and Supplemental - Priority I
Capital Improvement Programs. This program will be
updated annually as part of the fiscal year budget
development and adoption process.
Funding Approval - fund the recommended Supple-
mental Capital Improvement Program - Priority I
projects within the Capital Improvement Program in
the following manner:
Authorize the sale of $15,250,000.00 in
General Obligation Bonds upon referendum
approval to be used to finance selected pro-
jects in the Supplemental Capital Improvement
Program - Priority I, such sale to take place
on or after July 1, 199D. The total debt ser-
vice payment related to the bond issue will be
funded by the City Administration from General
Fund revenue growth.
Authorize those capital improvements desig-
nated to be made with the bond issue of
$15,250,000.00, specifically:
634
Buildings:
Jefferson High School $ 3,500,000.00
School s:
Removal of Asbestos
Materi al s
Replacement of Heating
System
Secondary School
Modernizations
$ 3,300,000.00
430,000.00
270,000.00
Storm Drains:
Statesman Industrial
Park
Downtown Luck Avenue
Improvements
Peters Creek Flood
Reduction
$ 2,740,000.00
860,000.00
4,000,000.00
Streets, Bridges & Sidewalks:
City Share of VDOT
Projects $
150,000.00
TOTAL
$15,250,000.00
Authorize the School Administration to apply for an
addition $751,866.00 in Literary Loans to complete
the financing of the Elementary School Moderniza-
tion/Renovation project. Debt service payment
related to these loans will be funded by the School
Administration.
Financial and Legal Document Preparation:
Referendum Requirements - Authorize the City
Attorney and Director of Finance to prepare
the necessary documents to allow the
Supplemental Capital Improvement Program -
Priority I projects and related bond funding
to be subjected to referendum approval on
May 1, 1990.
It was advised that the City of Roanoke has retained an AA bond
rating throughout the 1980's, a time during which over $52 million in
bonds were issued for needed capital projects on four separate occa-
sions; that the City has had a very successful history of debt manage-
ment and the challenge for the lg90's will be to continue to enhance
the City's level of esteem with bond underwriters, credit analysis
agencies, investors and the financial press; and benefits of the City's
current bond rating are lower interest rates and increased demand for
the City's securities when sold on the financial market.
Mr. Herbert and Mr. Schlanger explained that the financial assump-
tions which form the basis of the capital improvement program are of
critical importance in retaining and enhancing the City's AA bond
rating; that they strongly believe this comprehensive capital improve-
ment program, which provides for the maintenance of present infrastruc-
tures, develops new required infrastructures, strengthens neighborhood
communities through park and storm drainage improvements, and continues
to strengthens encourage economic development, will increase the
integrity of the City's day-to-day operations and will further enhance
the confidence that financial lenders have for many years placed in the
City of Roanoke; and bond rating agencies understand the necessity of
local government expenditures for infrastructure, and, furthermore,
expect local governments to be responsible through an orderly and
affordable infrastructure maintenance and replacement program.
635
In closing, it was pointed out that the recommendations contained
in the report are a proper path to follow during this period of uncer-
tainty; that any deviation in adhering to the financial assumptions or
increasing the amount of proposed debt could impact the City's bond
rating and its ability to provide the current level of basic governmen-
tal service, therefore, changes in the financial assumptions could
necessarily, change the recommendations incorporated in the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. William F. Clark, Director of Public Works, explained the Luck
Avenue Project as it relates to Franklin Road, S.W. He advised that
coming in from the west, from Third Street up to Elm Avenue, a pending
highway improvement project will widen Franklin Road from four narrow
lanes to five - six lanes with a median, appropriate curbs and gutters,
and with the additional widening, there will be more water run-off from
the area. He stated that at the present time, water from this end of
downtown Roanoke follows a circuitous set of various size storm drains,
taking the water basically downtown through the Campbell Avenue storm
drainage system. He further stated that from time to time the City has
experienced problems with the Campbell Avenue storm drain being at
capacity and in order to relieve the situation, a project has been pro-
posed that would pick up at the corner of Second Street and Luck
Avenue, by taking a new storm drain down Luck Avenue behind the Num,)er
One Fire Station, down Church Avenue to Williamson Road and back into
the Lick Run outfall, to the east of downtown. He explained that the
project would give the City the ability to take the water from this
portion of the southwest downtown area out of the main system which
runs down the middle of Campbell Avenue and therefore not add any addi-
tional flow into the system in an effort to provide additional relief.
He added that the City has convinced the Hig~ay Department to run the
first Rio blocks of the storm drainage system at project expense which
is a financial benefit to the City, and at that point the City would be
responsible for expenses incurred in running the drainage system down
Luck Avenue, Church Avenue and Williamson Road to bypass the downtown
storm drainage system.
Mr. Stuart Hubbell, representing the firm of Mattern & Craig,
P. C., sun~arized proposals included in the capital improvement program
for Statesman Industrial Park and Peters Creek Road.
With reference to Statesman Industrial Park, Mr. Hubbell advised
that the components of the project involve a piping and inlet system,
improvements for both the streets and as well as storm drainage, a
retention basin, and improvements to the Orange Avenue storm drainage
system in a future phase. He stated that bond issue projects include
the first three phases; viz: engineering, retention basin and a por-
tion of the piping and inlet system throughout the park that will pro-
vide some measure of relief for the entire area; and future facilities
will involve completion of the piping and inlet system, street improve-
ments, and paralleling a portion of the Orange Avenue storm drain
extending its way to Tinker Creek.
With regard to the Peters Creek project, Mr. Hubbell emphasized
that it is a flood reduction project. He stated that the project
involves channel improvements for a stretch south of Melrose Avenue to
the Roanoke-Salem Plaza property which will serve to reduce elevation
in the Melrose Avenue area, with a second channelization project
starting below Laura Drive and parelleling Meadowbrook Road; replace-
ment of bridge culverts with larger culverts so that there will not be
impediments to flow, a process of clearing which removes trees and
brush from the banks, with the final component being three retention
basins which are to be located in Roanoke County that will delay the
peak flow from the upper portion of the watershed allowing the lower
portion of the watershed to drain out before that flow arrives. He
stated that there would be some benefit to County residents since all
three of the retention basins will be located in Roanoke County and it
was his understanding that City staff had talked with County staff
about the ramifications of the retention basins and assistance they
will provide to County residents.
636
ACTIOn:
ACTION:
Following discussion of the projects, Mr. Trout moved that the
matter be referred to the City Attorney for preparation of the proper
documents providing for a public hearing to be held on Monday,
February 5, 1990, at 2:00 p.m., or as soon thereafter as the matter may
be heard; and that the proposed Capital Improvement Program be subject
to referendum approval on May 1, 1990. The motion was seconded by Mr.
Fitzpatrick.
Mr. William L. Hite, 4327 Melrose Avenue, N. W., appeared before
Council and inquired about the status of the Peters Creek project;
whereupon, the City Manager advised that the City is in stage two of a
three stage process with the Deyerle Road Neighborhood Association. He
stated that he intended to make a recommendation to Council before the
end of February. He added that unless some drastic information sur-
faces that no one is aware of at this time, he intended to recommend
the Peters Creek Project to Council and the question would then be to
determine the best route for a traffic solution.
The motion offered by Mr. Trout, seconded by Mr. Fitzpatrick was
unanimously adopted.
BUDGET-SNOW REMOVAL: The City Manager submitted a written report
advising that major snowstorms occurred in the Roanoke Valley on
November 22 and again on December 8, 14, 15, and 19, 1989, which depo-
sited nearly 18 inches of snow accumulation at the Roanoke Regional
Airport.
It was further advised that the 1989-90 budget included $98,532.00
for snow removal from City streets and rights-of-way for overtime
salaries, supplies, and chemicals, with other operating accounts being
used for regular salary and equipment costs; and City departments
assisted in airport snow removal operations and were not funded from
General Fund revenues; and those operations, while significant, are not
included in the report.
It was explained that City employees worked continuously during
these periods in an effort to combat the unusual frequency of snow
storms; that approximately 4,669 hours of regular time and 4,287 hours
of overtime were expended by City personnel plowing and salting
streets, keeping equipment in service, etc., with a salary cost of
approximately $95,446.83; that City equipment was operated for 5,101
hours; that cost of fuel, parts, and supplies was approximately
$12,154.00 and wear and tear on equipment is almost incalculable; that
1,918 tons of rock salt and abrasives were spread on streets and
bridges, totalling $83,243.00; and the total cost to the City for snow
removal efforts this season has been approximately $190,845.00.
It was further explained that City personnel have again returned
to normal duty; that City equipment has again been cleaned, checked and
repairs made; that supplies and materials have been restocked; that
approximately 700 tons of rock salt are available at this time; and
overtime salaries and fringe benefits, motor fuels and lubricants, and
chemical accounts need supplemental appropriations, as follows:
$43,032.00 was appropriated for overtime salaries
and fringe benefits and approximately $55,508.00
has been expended.
$6,910.00 was originally budgeted for motor fuel
and lubricants, and approximately $4,105.00 has
been expended.
$43,090.00 was originally budgeted for chemicals
and has been expended, in addition to $40,153.00 in
chemicals that were purchased from previous
budgets, for a total of $83,243.00.
The City Manager reconm~nded that Council appropriate $75,090.00
from the General Fund Contingency, Account No. 001-002-9410-2199, to
the following accounts:
637
Snow Removal Overtime 001-052-4140-1003
Snow Removal FICA 001-052-4140-1120
Expendable Equipment 001-052-4140-2035
Motor Fuel and
Lubricants 001-052-4140-2038
Chemicals 001-052-4140-2045
$25,000.00
2,000.00
2,000.00
3,000.00
43,090.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29914-11690) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 500.)
ACTION:
Mr. Bowers moved the adoption of Ordinance No. 29914-11690. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor .... 6.
NAYS: None ............. O.
(Council Member Bowles was absent.)
COMMONWEALTH'S ATTORNEY-DRUGS: The City Manager submitted a writ-
ten report concurring in a report of the Con~nonwealth's Attorney
advising that the current lease agreement between the City of Roanoke
and Crystal Towers Associates for the Regional Drug Prosecutor's Office
expired on December 31, 1989; that the new lease agreement is for a
one-year period ending December 31, 1990, with a monthly rental of
$455.00; and all expenses related to the program will be paid by the
current grant and will not require City funding.
The City Manager recommended that he be authorized to execute the
required documents, in a form subject to approval by the City Attorney,
providing for office space for the Regional Prosecutor in the Crystal
Tower Building.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29915-11690) AN ORDINANCE authorizing and directing the proper
City officials to enter into a certain lease between the City of
Roanoke and Crystal Tower Associates for use by the multi-jurisdic-
tional drug prosecutor; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 500.)
ACTION: Mr. Fitzpatrick moved the adoption of Ordinance No. 29915-11690.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ....................... 6.
NAYS: None .................. O.
(Council Member Bowles was absent.)
CITY CLERK:
SCHOOLS: The City Clerk presented a written report advising of
expiration of the three year terms of Mrs. Sallye T. Coleman and Mr.
William White, Sr., as School Board Trustees on June 30, 1990, and
further advising that applications for the upcoming vacancies will be
received in the City Clerk's Office until 5:00 p.m. on Monday,
March 12, 1990.
(For full text, see report on file in the City Clerk's Office.)
638
ACTION: Mr. Garland moved that the report be received and filed.
motion was seconded by Mr. Fitzpatrick and adopted.
The
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 29906-11690 rezoning a 0.43 acre tract of
land lying near the northeast intersection of Melrose Avenue and
Country Club Drive, N. W., identified as Official Tax No. 2660519, from
RS-3, Residential Single-Family District, to LM, Light Manufacturing
District; and further authorizing changes to the proffered zoning con-
ditions on the adjoining 2.184 acre tract of land bearing Official Tax
No. 2660519, having previously been before the Council for its first
reading on Monday, January 8, 1990, read and adopted on its first
reading and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final adoption:
(#29906-11690) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant; and amending conditions
proffered in connection with previous rezoning of 2.184 acre portion of
Official Tax No. 2660519.
(For full text of OrdinanJe, see Ordinance Book No. 51, page 495.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29906-11690.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ......... -6.
NAYS: None ........ -0.
(Council Member Bowles was absent.)
STREETS AND ALLEYS: Ordinance No. 29907-11690 permanently
vacating, discontinuing and closing a portion of Barns Avenue, N. W.,
approximately 672 feet in length, as measured along the center of the
abandoned roa~lay, extending westerly from the eastern property line of
a parcel of land identified as Official Tax No. 6600101 to the right-
of-way of Virginia Route 117, having previously been before the Council
for its first reading on Monday, January 8, 1990, read and adopted on
its first reading and laid over, was again before the body, Mr.
Fitzpatrick offering the following for its second reading and final
adoption:
(#29907-11690) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 496.)
ACTION: Mr. Fitzpatrick moved the adoption of Ordinance No. 29907-11690.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor .......... 6.
NAYS: None .......
Oe
(Council Member Bowles was absent.)
CITY CODE-TAXES: Ordinance No. 29go8-116gO amending and reor-
daining subsection (b) of §32-169, Levied; amount, of Chapter 32,
Taxation, of the Code of the City of Roanoke (1979), as amended, in
order to provide a maximum amount for any single utility tax applied to
each separate meter, from $2,000.00 to $2,400.00 per month, having pre-
639
ACTION:
viously been before the Council for its first reading on Monday,
January 8, 1990, read and adopted on its first reading and laid over,
was again before the body, Mr. Bowers offering the following for its
second reading and final adoption:
(#29908-11690) AN ORDINANCE amending and reordaining subsection
(b) of §32-169, Levied; amount, of Chapter 32, Taxation, of the Code of
the City of Roanoke (1979), as amended, in order to provide a maximum
amount for any single utility tax applied to each separate meter or
location and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 51, page 498.)
Mr. Bowers moved the adoption of Ordinance No. 29908-11690. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor- 6.
NAYS: None--. - .......O.
(Council Member Bowles was absent.)
CITY PROPERTY-AIRPORT: Ordinance No. 29912-11690 authorizing the
proper City officials to enter into a five-year extension of the lease
agreement with purchase option between the City and Budget Rent-A-Car
of Roanoke, Inc., for a one-acre parcel of land on the south side of
Municipal Road, N. W., upon certain terms and conditions, having pre-
viously been before the Council for its first reading on Monday,
January 8, 1990, read and adopted on its first reading and laid over,
was again before the body, Mr. Fitzpatrick offering the following for
its second reading and final adoption:
(#29912-11690) AN ORDINANCE authorizing the proper City officials
to enter into a five-year extension of the lease agreement with
purchase option between the City and Budget Rent-A-Car of Roanoke,
Inc., for a one-acre parcel of land on the south side of Municipal
Road, N. W., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 499.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29912-11690.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Me~ers Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor .... 6.
NAYS: None ........ O.
(Council Member Bowles was absent.)
EASEMENTS-WATER DEPARTMENT: Ordinance No. 29913-11690 authorizing
the abandonment of a certain original ten foot water line easement
through the existing River Park Shopping Center in Vinton, Virginia,
and accepting dedication of a new 20 foot water line easement with pipe
in place through property of P-N-C, a North Carolina General Partner-
ship, as owner of the River Park Shopping Center, upon certain terms
and conditions, having previously been before the Council for its first
reading on Monday, January 8, 1990, read and adopted on its first
reading and laid over, was again before the body, Mr. Garland offering
the following for its second reading and final adoption:
(#29913-1169D) AN ORDINANCE authorizing the abandonment of a cer-
tain water line easement and acceptance of the dedication of a new
replacement easement in connection with the River Park Shopping Center,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 499.)
640
ACTION: Mr. Garland moved the adoption of Ordinance No. 29913-11690. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Fitzpatrick
and Mayor Taylor ............. 6.
NAYS: None ......... O.
(Council Member Bowles was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 3:30 p.m.
ATTEST: ~~
City Clerk
APPROVED
Mayor
641
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 22, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, January 22, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Robert A. Garland and Mayor Noel C. Taylor ....... 6.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Johnny T.
Loughridge, Sr., Pastor, Westhampton Christian Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CITY GOVERNMENT: The Mayor welcomed special guests from Wonju,
Korea, Roanoke's Sister City, who are students of the Wonju system of
education, their teacher and the Superintendent of Education.
Mr. David K. Lisk, Chairman of the Wonju Sister City Committee,
advised that it was learned through the Superintendent of Schools that
the City would like to establish an exchange of young people from
Roanoke and Wonju. He stated that the City has served as host to nine
students from Wonju Middle School of Korea during the week of
January 22, 1990, as well as one of their teachers and the Superinten-
dent of Education, and Roanoke students will visit Wonju in July, 1990.
On behalf of the City, the Mayor presented the students and guests
with Honorary Citizenship Certificates.
Following the presentation of Certificates, the Superintendent of
Education officially presented the City with the turtle boat which was
a personal gift to the City of Roanoke from Mr. and Mrs. Duk-Joong
Jung, owners of the Wonju Hotel, upon the occasion of their visit to
Roanoke in November, 1989.
Gifts were presented by the Korean delegation to various City
officials and to persons associated with the Sister Cities Program.
At 3:15 p.m., the Mayor declared the meeting in recess.
At 3:30 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Vice-Mayor Fitzpatrick.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. Ne called specific
attention to a request for an Executive Session to discuss specific
legal matters requiring the provision of legal advice by Counsel, being
the terms and conditions of a proposed consolidation agreement between
Roanoke City and Roanoke County.
642
ACTION:
ACTION:
ACTION:
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY):
A report of qualification of Ms. Hortense W. Ruddtck as a member of the
Mental Health Services Board of Directors for a term of three years
ending December 31, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ....... .6.
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent.)
ARCHITECTURAL REVIEW BOARD: A report of qualification of Mr.
Kenneth L. Motley as a member of the Architectural Review Board for a
term of four years ending October 1, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ........ 6.
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent.)
COUNCIL: A communication from Council Member Iloward E. Musser
requesting an Executive Session to discuss specific legal matters
requiring the provision of legal advice by Counsel, being the terms and
conditions of a proposed Consolidation Agreement between the City and
Roanoke County, pursuant to Section 2.1-344 (A) (7), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
Member Musser to convene in Executive Session to discuss specific legal
matters requiring the provision of legal advice by Counsel, being the
terms and conditions of a proposed Consolidation Agreement between the
City and Roanoke County, pursuant to Section 2.1-344 (A) (7), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ........ 6.
NAYS: None ........
(Vice-Mayor Fitzpatrick was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $96,735.00 for vocational
education teachers in the handicapped and disadvantaged programs,
advising that the program will be one hundred percent reimbursed by
Federal funds (Perkins Act); and further requesting appropriation of
funds to the following school accounts, was before the body.
643
m
ACTION:
Grant No. 6421 - $1,400.00 for the Licensed
Practical Nursing Program to pro-
vide tuition for selected students
to attend the Licensed Practical
Nursing course offered by Roanoke
City Schools. The Program will be
one hundred percent reimbursed by
Federal funds.
Grant No. 6580 - $11,904.00 for the 1989-90
Transitional Services Program to
provide class placements, mental
health services and follow-up stu-
dies of placements to ensure a
smooth transition for handicapped
students entering the school
system. The Program will be one
hundred percent reimbursed by
Federal funds.
Grant No. 6741 - $132,600.00 for the Vocational
Education Equipment Grant. The
Program will be funded by a com-
bination of Local match and State
funds.
Grant No. 6958 - $4,846.00 for the Educational
Technologies Program to' provide
State funds for the purchase of
computer equipment which will
allow for standardized computer
reporting to State agencies. The
Program will be one hundred per-
cent reimbursed by State funds.
Grant No. 6227 - $22,838.00 for the Math/Science
Curriculum Development Program to
develop interdependent mathematics
and science curriculum materials.
The Program will be one hundred
percent reimbursed by Federal
funds.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that funding for the
Vocational Education Teachers Grant will be appropriated in the General
Fund, and funding for the other five grants will be appropriated in the
Grant Fund; that five of the six grants are funded with 100 percent
Federal or State funding; that the Vocational Education Equipment grant
requires a local match of $92,580.00; that funding for the local match
is available in the Instructional Category of the Education accounts in
the General Fund in Compensation of Teachers, Account No. 001-060-6001-
6143-0121, in the amount of $92,580.00; and recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29916-12290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 501.)
Mr. Trout moved the adoption of Ordinance No. 29916-12290. The
motion was seconded by Mr. Garland and adopted by the following vote:
644
ACTION:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor ......... 6.
NAYS: None ....... O.
(Vice-Mayor Fitzpatrick was absent.)
SCHOOLS: A communication from the Roanoke City School Board
requesting approval of a State Literary Fund Loan application, in the
amount of $2.0 million, for the cost of modernizing Crystal Spring
Elementary School, advising that the loan will be repaid by the Schools
over 20 years at four percent interest, with the first debt service
payment of $180,000.00 scheduled for 1992-93, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the School
Board's request for approval of a State Literary Fund Loan application,
in the amount of $2 million for renovations to Crystal Spring
Elementary School was identified in the 1988-1992 Capital Improvement
Program adopted by Council on August 10, 1987; and recommending that
Council concur in the request, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29917-12290) A RESOLUTION authorizing the School Board for the
City of Roanoke to make application for a loan from the State Literary
Fund for modernizing Crystal Spring Elementary School.
(For full text of Resolution, see Resolution Book No. 51, page 502.)
Mr. Trout moved the adoption of Resolution No. 29917-12290. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Garland and
Mayor Taylor .......... -6.
NAYS: None .........
-0.
(Vice-Mayor Fitzpatrick was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
LEGiSLATION-CITY GOVERNMENT: The City Manager submitted a written
report advising that the 1989 Session of the Virginia General Assembly
enacted legislation that requires the Department of Motor Vehicles to
issue distinctive license plates for all vehicles used by cities, coun-
ties, and towns and another distinctive license plate for vehicles
owned and operated by the Commonwealth, with the effective date of
legislation being January 1, 1990; and license plates must be displayed
on public vehicles no later than January 1, 1993.
It was further advised that in addition to the requirement for
issuing the distinctive plates, the legislation provided that a fee be
charged to meet the expenses of the Department of Motor Vehicles in
manufacturing the newly designed license plates; that heretofore, loca-
lities obtained license plates for public vehicles free from the
Division of Motor Vehicles; that there will now be a charge of $5.00
for each set of license plates issued; and there will also be a $5.00
charge for the issuance of replacement tags due to loss or damage.
645
ACTION:
ACTION:
It was explained that localities have the option of having new
plates issued to all vehicles in the first year, or that at least one
third of the vehicles in their fleet be registered annually starting in
1990; and the Manager of Motor Vehicle Maintenance has estimated that
it will cost approximately $4,000.00 to equip all of the City's
motorized vehicles with the new license plates.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed.
motion was seconded by Mrs. Bowles and adopted.
The
STATE HIGHWAYS: The City Manager submitted a written report
advising that one of the City's major pending highway improvement pro-
jects involves the extension of Peters Creek Road between Melrose
Avenue and Brandon Avenue; that Council was previously advised of the
City's attempts to work with the Virginia Department of Transportation
to obtain the services of an independent consultant in an effort to
resolve potential disagreements with certain neighborhood interests
prior to bringing a recommendation to Council on an alignment for the
highway project; and the Virginia Department of Highways has employed
Ms. Susan H. Yoder, Executive Director of the Community Mediation
Center in Harrisonburg, Virginia, to serve as Conflict Resolution
Specialist in connection with the project.
It was further advised that an introductory meeting was held in
the Municipal Building on Friday, January 5, 1990, involving Ms. Yoder
and representatives of the Virginia Department of Transportation, the
Greater Deyerle Civic League, and the City of Roanoke; that further
meetings are scheduled for January 24 and February 13, 1990, with
additional sessions to be scheduled as needed; and it is hoped that the
process will not be an extended one and can lead to a more common
understanding of issues and mutual agreement.
The City Manager explained that Peters Creek Road Extension is an
important project for the City and City representatives have been urged
to move the process along as rapidly as practicable, with a recommen-
dation to be submitted to Council as soon as possible.
(For full text, see report on file in the City Clerk's Office.)
Mr. Winston F. Underwood, 1224 Peters Creek Road, N. W.,
questioned why the City waited one year and eight months to commence
the process of conflict resolution. He stated that he represented the
Northwest Revitalization Organization and expressed appreciation for
the work of Council to make the City of Roanoke a better place to live
and work, specifically plans for the new office complex in downtown,
and the expediency of approving the project, the restoration of Henry
Street, and the proposed bond issue to reduce flooding in the Peters
Creek area. He asked that Council approve Peters Creek Road extension
to connect or tie in with Route 419, advising that this is one of the
most important decisions facing Council at the present time, and with a
properly planned route, every homeowner in northwest and southwest City
traveling in either direction will receive a direct benefit.
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted.
VIRGINIA TECH-HOTEL/CONVENTION CENTER: The City Manager advised
that he considered the Virginia Tech/Hotel Roanoke Project to be extre-
mely important for the future of the City of Roanoke, therefore, he had
asked Virginia Tech officials to present a proposed timetable;
whereupon, Mr. Raymond D. Smoot, Jr., Vice President of Business
Affairs, Virginia Polytechnic and State University, appeared before
Council and advised that Virginia Tech is excited about the project.
He called upon Dr. Steve R. Parson, Director of the Roanoke Valley
Graduate Center, to present an update on progress of the Graduate
Center inasmuch as those plans tie in closely with the hotel/conference
center.
Dr. Parson expressed appreciation to the City for making space
available for the Graduate Program in the lower level of the Church
Avenue Parking Garage. He stated that all of the prime time space,
which is Monday - Thursday, has been completely booked with students
from the Roanoke Valley pursuing graduate degrees and continuing educa-
646
ACTION:
tion opportunities. He further stated that five institutions are
involved with Virginia Tech in the operation, viz: University of
Virginia, Radford University, Hollins College, Roanoke College, and
Virginia Western Community College, advising that there has been
excellent cooperation between the institutions in determining how best
to serve the Roanoke Valley. He explained that Virginia Tech alone has
just completed 200 registrations for the current semester in graduate
and masters level courses leading to degrees in such subjects as com-
puter science, engineering, education, business administration, etc.,
therefore, there are opportunities opening up for persons in the
Roanoke Valley to obtain an education without having to leave the
Valley and many people are beginning to take advantage of that oppor-
tunity. He advised that the Graduate Center is active in building not
only the degree programs, but the continuing education program as well,
and last week held the first open solicitation video conference spon-
sored by the American Management Association.
Dr. Smoot advised that in September, 1989, Virginia Tech officials
went to work on the hotel project and hired the consulting firm of ZHA
from Annapolis, Maryland, to put together a prospectus which will be
taken to potential investers in the hotel business. He explafned that
in November, a committee was appointed at Virginia Tech composed of
faculty engaged in continuing education programs to provide input
regarding space requirements for the conference center and hotel, as
well as the kinds, numbe:s of programs and participants that would be
attracted to The Hotel Roanoke Conference and Continuing Education
Center once it reopens. He advised that the committee is currently at
work and is charged with the responsibility of developing some of the
information that will play a critical role in the prospectus which is
planned to be issued in approximately two months.
Dr. Smoot called attention to meetings which have been held with
representatives of the City to discuss how hotel renovations, develop-
ment of the conference center and development of the City's convention
center would come together and relate and benefit one to the other
which is an important component for the success of the hotel. He
stated that presently Virginia Tech officials are working with RTKL to
develop a site plan and schematic plans for the hotel conference
center, which report will provide a cost estimate for the project. He
advised that major systems within The Hotel Roanoke must be replaced
and major renovations of hotel meeting rooms and food service areas
will be necessary. He stated that it is not yet known to what extent
renovation of the guest rooms will occur, but obviously some renovation
will be needed when the hotel reopens. He added that it is believed
that the convention center is critical to the success of the hotel pro-
ject. He explained that during the summer, it would be hoped to enter
into negotiations with several interested investors, and by the end of
the summer it would be anticipated that an arrangement could be made in
order to move the project forward. He stated that Virginia Tech will
continue to work with members of the City administration concerning
Council's plans for the conference center and it would be hoped that
there could be some activity on the hotel site by this time next year.
Mr. Trout moved that the remarks be received and filed.
motion was seconded by Mr. Musser and adopted.
The
ITEMS RECOMMENDED FOR ACTION:
STATE HIGHWAYS-TRAFFIC-HENRY STREET REVITALIZATION: . The City
Manager submitted a written report advising that the matter of Henry
Street Revitalization has been before Council on several occasions and
received unanimous support; that Total Action Against Poverty in the
Roanoke Valley (TAP) received a grant of $600,000.00 from the U. S.
Department of Health and Human Services for the creation of a music
center on Henry Street; that TAP plans to renovate the old Dumas Hotel
for this purpose; and Council authorized execution of an agreement bet-
ween the City and the Roanoke Redevelopment and Housing Authority for
fiscal year 1989-90, pursuant to Ordinance No. 29692, adopted July 24,
1989.
647
It was further advised that the Agreement includes provisions for
the Roanoke Redevelopment and Housing Authority to implement the
Gainsboro Conservation/Redevelopment Plan (Amendment No. 2), in the
"Henry Street" area; that funds available to the Housing Authority for
the activities shall not exceed $235,275.00; that some funds from the
original total have been spent for building maintenance and an eva-
luation of the asbestos problem in the Dumas Hotel; and ownership of
the Dumas Hotel has been transferred to TAP from the Housing Authority.
It was explained that large amounts of asbestos material were
found in the old Dumas Hotel; that Mr. E. Cabell Brand, President of
the Board of TAP, notified Mayor Taylor by letter dated August 11,
1989, of the problem, and sought the City's financial assistance; that
evaluation of the problem by the Roanoke Redevelopment and Housing
Authority included a consultant's analysis and bidding the work of
asbestos removal; and the contract for asbestos removal and abatement
was put out to bid by the Housing Authority on December 14, 1989, with
a low bid of $209,792.00.
ACTION:
It was further explained that this is an unanticipated and extra-
ordinary expense, not provided for in TAP's budget for the renovation
of the Music Center; that if TAP must use grant monies for asbestos
abatement, funds remaining would not allow for completion of Phase I of
the project; that CDBG funds allocated by Council for the Henry Street
project were originally intended for public improvements such as street
lighting, trees, sidewalk and curb improvements; and with recent reduc-
tions in CDBG appropriations, it is questionable when funds could be
replaced to the Henry Street accounts from Roanoke's CDBG entitlement.
The City Manager recommended that he be authorized to execute an
agreement with Total Action Against Poverty, loaning $212,000.00 in
CDBG Henry Street funds for asbestos abatement of the Dumas Hotel so
that the Music Center may go forward, with the loan To be repaid, with
no interest, within 24 months by TAP; that loan repayment will be used
for street improvements, trees, lighting, etc., on Henry Street; and
that Council authorize an amendment to the contract with the Roanoke
Redevelopment and Housing Authority deleting $212,000.00 in CDBG funds
for Henry Street.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be referred to the City Attorney
and the Director of Finance for preparation of the proper measure to
be considered by Council at its regular meeting on Monday, February 5,
1990. The motion was seconded by Mr. Garland and adopted.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising of
expiration of the three year terms of Mrs. Sallye T. Coleman and Mr.
William White, Sr., as School Board Trustees on June 30, 1990, and
further advising that applications for the upcoming vacancies will be
received in the City Clerk's Office until 5:00 p.m. on Monday,
March 12, 1990.
ACTION:
(For full text. see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed.
motion was seconded by Mr. Trout and adopted.
RE~ORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
The
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
648
At 4:45 p.m., the Mayor declared the meeting in recess.
At 5:35 p.m., Mr. Garland left the meeting during the Executive
Session.
At 6:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Vice-Mayor Fitzpatrick and Council Member
Garland.
ACTION:
COUNCIL: Mr. Trout moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles and Mayor
Taylor ............ 5.
NAYS: None ........ O.
(Vice-Mayor Fitzpatrick and Council Member Garland were absent.)
There being no further business, the Mayor declared the meeting
adjourned at 6:25 p.m.
APPROVED
649
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 5, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 5, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule L'~ Re~I.u. lar
MeetS, of Section 2-15, Rules of Procedure, Code of the Cityu, Roanoke
tz~/~j, as amended.
PRESENT: Council Members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, Howard E. Musser and Mayor Noel C. Taylor .......... 6.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr.
.1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Jame. s P. Beatty,
Pastor, St. Paul A.M.E. Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT: The Mayor introduced The Reverend Peter
Dugulesco, Pastor of the First Baptist Church of Timlsoara, Romania.
He advised that Reverend Dugulesco has been an outspoken critic of the
Ceausecue regime for a number of years; that because of his religious
§eliefs and his stand for human rights, he has been arrested many times
and much persecuted by the security police of the Communist party; and
two nearly successful attempts have been made on Reverend Dugulesco's
life by these dreaded forces. He stated that Reverend Dugulesco is
known as the Billy Graham of Romania; that Just after the execution of
Ceausecue, he was asked to come to Bucharest to address the nation on
national television; and he not only pastors the 1500 member First
Baptist Church of Timisoara, Romania, but five other churches as well.
He pointed out that Reverend Dugulesco had a very active role in the
recent revolution and actively took part in leading many of the
demonstrations in Timisoara. He explained that Reverend Dugulesco was
invited to participate in the National Prayer Breakfast in Washington,
D. C., on February 1, 1990.
On behalf of the Members of the City Council, the City's
Administrative Staff and more than 100,000 citizens, the Mayor advised
that he was pleased and honored to present the Reverend Dugulesco with
a "Key to the City of Roanoke".
PUBLIC HEARINGS:
BONDS-CAPITAL IMPROVEMENT PROJECTS: Pursuant to motion adopted by
Council on Monday, January 16, 1990, the City Clerk having advertised a
public hearing for Monday, February 5, 1990, at 2:00 p.m., or as soon
there-after as the matter may be heard, with regard to the issuance of
$15,250,000.00 principal amount of general obligation bonds of the City
for the purpose of providing funds to defray the cost of certain per-
manent public improvements; and with regard to a proposed Five-Year
Capital Improvement Program, totaling $114,443,508.00, the matter was
before the body.
Legal advertisement of the public hearing was published in the
Sunday editions of the Roanoke Times & World-News on January 21, 1990,
and January 28, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
650
A report of the City Manager advising that on January 16, 1990, he
and the Director of Finance presented a report on a recommended
Five-Year Capital Improvement Program, in the amount of
$114,443,508.00; that the City Attorney has prepared the appropriate
legal documents to approve the recommended program and issue General
Obligation Bonds, in the amount of $15,250,000.00 upon referendum
approval to support selected projects; that approval of the legal docu-
ments after the public hearing is necessary if Council desires to con-
duct a public referendum on the bond issue on May 1, 1990; that should
Council desire to change the content of the bond issuance package, any
changes would have to be readvertised and a May 1st bond issue referen-
dum would be virtually impossible; and available options would be to
hold a special election or schedule the bond referendum in November,
1990, was before the body.
The City Manager recommended that Council adopt the appropriate
measures approving the Capital Improvement Program as recommended,
authorizing the issuance of $15,250,000.00 in General Obligation Bonds,
and directing and providing for a bond referendum to be held on May 1,
1990.
(For full text, see report on file in the City Clerk's Office.)
A report of the City Attorney transmitting the two ordinances
relating to the general obligation bond issue necessary to partially
finance the Capital Improvement Program for fiscal years 1990-1994
recommended by the City Manager in his report dated January 16, 1990,
advising that pursuant to §15.1-171.1, Code of Virginia (1950), as
amended, Council is required to hold a public hearing prior to
authorizing the issuance of bonds; and the public hearing has been
advertised in accordance with requirements of State law and will afford
all citizens an opportunity to be heard on the question of the proposed
bond issue, was also before the body.
It was further advised that the first ordinance authorizes the
issuance of $15,250,000.00 principal amount of general obligation
bonds of the City of Roanoke for the purpose of providing funds,
together with other available funds, to defray the cost to the City of
needed permanent public improvements of and to public buildings, school
buildings, the system of storm drains, public sidewalks, curbing,
streets, highways and bridges; that the ordinance pledges the full
faith and credit of the City to the payment of the principal and
interest on the bonds; and the measure also provides that, if upon
completion of any such needed capital improvements, there remains an
unexpended balance in the amount of bond proceeds allocated therefor,
such balance may be used for any one or more other needed capital
improvements authorized by the ordinance in the discretion of Council.
It was explained that the second ordinance directs and provides
for the holding of an election on May 1, 1990, to determine whether the
voters of the City will approve Council's adoption of the first ordi-
nance; that on page 3, the ordinance sets forth the specific question
to be asked of the electorate; that the ordinance further provides for
the details of the election process; that if Council approves the two
ordinances, the Circuit Court will be requested to enter an order
directing the City Electoral Board and the State ~oard of Elections to
hold the bond election requested by City Council; and assuming
Council's adoption of the two ordinances and the Court's entry of the
required order, the items will be sent to the State Board of Elections
by Federal Express on the same day, in order to permit the Board to
receive the required order more than 60 days in advance of the elec-
tion, pursuant to §24.1-165, Code of Virginia (1950), as amended.
The City Attorney further explained that if the electorate appro-
ves the bond issue, it will be necessary to bring a detailed resolution
to Council providing for the form of the bonds and coupons, sale, exe-
cution, advertisement, and delivery of the bonds; that subsequent to
adoption of this detailed resolution, an official statement will be
prepared by the Director of Finance with the assistance of the City's
financial advisers and bond counsel; that the statement will contain a
651
certification of the facts and estimates relating to the use of tile
bond proceeds, including, among other things, certification of the pro-
jects for which the bonds are issued, the estimated completion dates of
the projects, cost of the projects, funds available to pay such costs
and the times at which funds will be required for expenditure.
(For full text, see report on file in the City Clerk's Office.)
~he Mayor inquired if there were persons in attendance who would
like to be heard with regard to the matter. There being none, Mr.
Trout offered the following emergency Ordinance:
(#29918-20590) AN ORDINANCE authorizing the issuance of Fifteen
Million Two Hundred Fifty Thousand Dollars ($15,250,000) principal
amount of general obligation bonds of the City of Roanoke, Virginia,
for the purpose of providing funds to defray the cost to the City of
Roanoke of needed permanent public improvements of and to public
buildings, school buildings, the system of storm drains, public
sidewalks, curbing, streets, highways and bridges, and acquisition of
real property for the foregoing; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 503.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29918-20590. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ......... 6.
NAYS: None ...... O.
(Vice-Mayor Fitzpatrick was absent.)
Mr. Trout offered the following emergency Ordinance:
(#29919-20590) AN ORDINANCE directing and providing for the
holding of an election in the City of Roanoke, Virginia, to determine
whether the qualified voters of the City of Roanoke, Virginia, will
approve Ordinance No. 29918, duly adopted by the Council of the City of
Roanoke on February 5, 1990, providing for the issue of certain general
obligation bonds of the City of Roanoke; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 504.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 2991g-20590. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor .............. 6.
NAYS: None .....................
(Vice-Mayor Fitzpatrick was absent.)
Mr. Trout offered the following Resolution:
m
(#29920-20590) A RESOLUTION endorsing the Capital Improvement
Program submitted by the City Manager by report of January 16, 1990,
and expressing the intent of the Council to finance certain proposed
Capital Improvement Projects through issuance of General Obligation
Bonds after approval by the voters of the City in a bond referendum to
be held on May 1, 1990.
(For full text of Resolution, see Resolution Book No. 51, page 506.)
ACTION: Mr. Trout moved the adoption of Resolution No. 29920-20590. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor-- 6.
NAYS: None ......... O.
(Vice-Mayor Fitzpatrick was absent.)
652
ACTION:
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or for~s listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately.
MINUTES: Minutes of the regular meetings of Council held on
Monday, September 11, 1989; Monday, September 25, 1989; Monday,
October 2, 1989; Monday, October 9, 1989; and Monday, October 23, 1989,
were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ....... 6.
NAYS: None ....... O.
(Vice-Mayor Fitzpatrick was absent.)
TRAFFIC: The City Manager submitted a written report advising
that in June, 1988, the City of Roanoke was provided with an oppor-
tunity by the Virginia Department of Transportation (VDOT) to par-
ticipate in a statewide traffic signal retiming project entitled the
Virginia Signal Timing Optimization Program (VASTOP); that the primary
objective of VASTOP is to establish and implement traffic signal
timings which will minimize the number of stops, delay times and fuel
consumed by vehicles traveling through signalized intersections; that
signal retiming services are free to Roanoke, with funding by the
Departnmnt of Mines, Minerals and Energy (DMME) through the use of oil
overcharge funds; and Roanoke responded to the opportunity, indicating
its interest in having as many as 60 of its 130 traffic signals retimed
through the program.
It was further advised that in October, 1989, the Virginia
Department of Transportation advised the City that Roanoke's signal
retiming work will be performed by the firm of Bellomo-McGee, Inc.,
located in Vienna, Virginia; that the optimization of the 60 traffic
signals will be accomplished, using two different methods; viz: 47
signals in coordinated systems (such as in the downtown central busi-
ness district and on Hershberger Road) shall have peak hour vehicle
counts collected (2 hours each for a.m., mid-day, and p.m. peaks), and
13 signals at isolated (non-coordinated) intersections will be opti-
mized by field observation only; that City staff will assist in the
implementation of the new timings; transmitting a list of the 60 inter-
sections; and the program, which started in Roanoke two weeks ago, is
expected to require three to four months to complete.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ............. 6.
NAYS: None ......... O.
(Vice-Mayor Fitzpatrick was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
January 22, 1990, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
ACTION:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Mayor Tayl or ....... 6.
NAYS: None-
(Vice-Mayor Fitzpatrick was absent.)
BUILDING DEPARTMENT: A report of qualification of Mr. Gene Wirt
as a member of the Building Maintenance Division of the City's Board of
Building Code Appeals for a term of five years ending November 11,
1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ....... 6.
NAYS: None--- O.
(Vice-Mayor Fitzpatrick was absent.)
653
m~
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
Grant No. 6070 - $290,000.00 for repairs to Preston
Park Elementary School resulting
from wind damage. The funds will
be reimbursed by proceeds from
insurance.
Grant No. 6573 - $22,119.00 for the 1989-90 Flow
Through Program to provide aid for
education and guidance of han-
dicapped students. The Program
will be one hundred percent reim-
bursed by State and Federal funds.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the amount of
$290,000.00 is being appropriated in the Capital Projects Fund for wind
damage repairs to Preston Park Elementary School; and a corresponding
accounts receivable for insurance proceeds, in the amount of
$2~0,000.00 will be established as the funding source, was before
Council.
It was further advised that the School Board has requested
appropriation of $22,119.00 for the 1989-90 Flow Through Grant; that
the grant is funded with 100 per cent Federal and State funding, and no
local match is required; whereupon, Mr. Schlanger recommended that
Council concur in the request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
654
ACTION:
(#29921-20590) AN ORDINANCE to amend and reordain certain sec-
tions of tile 1989-90 Capital and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 507.)
Mrs. Bowles moved the adoption of Ordinance No. 29921-20590. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ........ 6.
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE,
ITEMS RECOMMENDED FOR ACTION:
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY-HOUSING-GRANTS-
HENRY STREET REVITALIZATION: The City Manager submitted a written
report advising that the matter of Henry Street revitalization has been
before Council on several occasions and received unanimous support;
that Total Action Against Poverty (TAP) received a grant of $600,000.00
from the U. S. Department of Health and Human Services for the creation
of a music center on Henry Street; that TAP plans to renovate the old
Dumas Hotel for this purpose; and Council authorized execution of an
agreement between the City and the Roanoke Redevelopment and Housing
Authority for fiscal year 1989-90, pursuant to Ordinance No. 29692
adopted July 24, 1989, which includes provisions for the Housing
Authority to implement the Gainsboro Conservation/Redevelopment Plan
(Amendment No. 2), in the "Henry Street" area.
It was further advised that funds available to the Housing
Authority for these activities shall not exceed $235,275.00; that some
of the funds from this original total have been spent for building
maintenance and an evaluation of the asbestos problem in the Dumas
Hotel; that ownership of the Dumas Hotel has been transferred to TAP
from the Housing Authority; that large amounts of asbestos material
were found in the old Dumas Hotel; that Mr. E. Cabell Brand, President
of the Board of TAP, notified the Mayor by communication dated August
11, 1989, of the problem, and sought the City's financial assistance;
that evaluation of the problem by the Housing Authority included a
consultant's analysis and bidding the work of asbestos removal; that
the contract for asbestos removal and abatement was bid by the Housing
Authority on December 14, 1989; and the bid for asbestos removal and
abatement alone was $209,792.00.
It was explained that this is an unanticipated and extraordinary
expense, not provided for in TAP's budget for the renovations of the
Music Center; that if TAP must use the grant monies for asbestos abate-
merit, funds remaining would not allow for completion even of Phase I of
the project; that CDBG funds allocated by Council for Henry Street were
originally intended for public and curb improvements; and with recent
reductions in CDBG appropriations, it is questionable when these funds
could be replaced to the Henry Street accounts from Roanoke's CDBG
entitlement.
The City Manager recommended that he be authorized to execute an
agreement with Total Action Against Poverty in the Roanoke Valley,
loaning $212,000.00 in CDBG Henry Street funds for asbestos abatement
of the Dumas Hotel so that the Music Center may go forward, and that he
be further authorized to amend the Roanoke Redevelopment and Housing
Authority contract deleting $212,000.00 in CDBG funds for Henry Street.
(For full text, see report on file in the City Clerk's Office.)
655
ACTION:
Mr. Trout offered the following emergency Ordinance:
(#29922-25090) AN ORDINANCE authorizing execution of an Agreement
with Total Action Against Poverty in Roanoke Valley, Inc. ITAP), to
provide for the loan of Community Development Block Grant funds for
asbestos abatement in the Dumas Hotel, the site for the proposed Hem~
Street Music Center; authorizing execution of Amendment No. 1 to the
City's Contract for Services with the City of Roanoke Redevelopment and
Housing Authority (RRHA), to provide for a decrease in CDBG funding;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 508.)
Mr. Trout moved the adoption of Ordinance No. 29922-20590. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ........ 6.
NAYS: None ........
-0.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT: The City
Manager submitted a written report advising that the Court Service
Unit, within the Juvenile and Domestic Relations District Court, is
responsible for diverting children who can be cared for or treated
through alternative programs from the juvenile justice system, which
objective involves the following:
provision of psychological counseling services,
authorization of both in-City and out-of-City
detention of children who are a threat to the
public or themselves, and
supervision of children on probation.
It was further advised that the City has maintained a low-cost
cooperative arrangement with Roanoke County by "swapping days" at the
City's Juvenile Probation House - Youth Haven I facility and the
County's Youth Haven II facility, rather than paying the full cost for
housing youth at these facilities, with the City facility housing boys
and the County facility housing girls as assigned by the Court.
It was explained that each locality is now required to pay the
full cost for services rendered at their respective Youth Haven facili-
ties according to an agreement outlined by City, County and State offi-
cials in May, 1989; that the City's per diem rate is $30.92 and the
County's per diem rate is $34.55; that the Court Services Unit recently
overexpended its $50,750.00 budget allocation in Fees for Professional
Services; that the average monthly cost for utilizing bed space at
Youth Haven II is approximately $8,000.00; that the City generally uti-
lizes 80 - 85% of the bed space and other professional services is an
estimated $10,000.00 per month; and the Court Services Unit requires an
additional $60,000.00 budget allocation in Fees for Professional
Services in order to fund expenses through the end of fiscal year
1989-90.
The City Manager recommended that Council approve the request for
an additional allocation of $60,000.00 to the Court Services Unit
budget for fiscal year 1989-90 to provide for the increased cost of bed
space at Youth Haven II in Roanoke County; and that the Director of
Finance be authorized to transfer funds available in the Jail Recovered
Cost, Account No. 001-024-3310-8005, to the Juvenile and Domestic
Relations District Court Clerk, Fees for Professional Services, Account
No. 001-076-2131-2010.
(For full text, see report on file in the City Clerk's Office.)
656
ACTION:
ACTION:
Mr. Musser offered the following emergency budget Ordinance:
(#29923-20590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 508.)
Mr. Musser moved the adoption of Ordinance No. 29923-20590. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ................................. 6.
NAYS: None .....................
0
(Vice-Mayor Fitzpatrick was absent.)
EQUIPMENT-PUBLIC WORKS-JUVENILE DETENTION HOME: The City Manager
submitted a written report concurring in a report of a bid committee
with regard to the purchase of vans and pick-up trucks for use by the
Street Maintenance Department, Crisis Intervention Center, and the
Building Maintenance Department.
The bid committee recommended that Council accept the following
bids for vans and pick-up trucks:
Item #1 - One new four-wheel drive crew cab pick-
up truck as submitted by Berglund Chevrolet, Inc.,
in the total amount of $20,479.22.
Item #2 - One new 15 passenger van available under
State Contract from Pomoco, Inc., in the total
amount of $15,940.00.
Item #3 - One new step van as submitted by Berglund
Chevrolet, Inc., in the total amount of $17,473.57.
Authorize the Director of Finance to transfer
$53,892.79 from General Fund Contingency Equipment
Replacement, Account No. 001-002-9410-2202, to
appropriate accounts as follows:
$20,479.22 to Account No. 001-052-4110-9010
$15,940.00 to Account No. 001-054-3360-901~
$17,473.57 to Account No. 001-052-3410-9010
Reject all other bids.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29924-20590) AN ORDINANCE to amend and reordain certain sections
of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 509.)
Mr. Garland moved the adoption of Ordinance No. 29924-20590. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ............... 6.
NAYS: None ..........
(Vice-Mayor Fitzpatrick was absent.)
657
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#29925-20590) AN ORDINANCE accepting bids for certain vehicular
equipment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 510.)
Mr. Garland moved the adoption of Ordinance No. 29925-2590. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ....... 6.
NAYS: None ....... -0.
(Vice-Mayor Fitzpatrick was absent.)
DIRECTOR OF FINANCE:
ACTION:
FINANCIAL REPORT: The Director of Finance submitted the financial
report of the City of Roanoke for the month of December, 1989.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Bowers and adopted.
BUDGET: The Director of Finance submitted a written report
recommending transfer of funds in connection with the Fiscal Year
1989-90 Second Quarter Personnel Lapse Fund, as follows:
General Fund:
Total Budgeted Personnel Lapse
Net First Quarter Personnel Lapse
Reduction
Budgeted Personnel Lapse Balance
Remaining
$550,000.00
(210,420.00)
Recon~nended Second Quarter Expenditure
Reduction $(219,340.00)
Recon~nended Revenue Adjustment 85,755.00
Net Second Quarter Personnel Lapse
Reduction
Budgeted Personnel Lapse Balance Remaining
Internal Service Fund:
$ 339,580.00
.~(133,585.00)
$ 205,995.00
Total Budgeted Personnel Lapse
Net First Quarter Personnel Lapse
Reduction
$ 100,000.00
(33,800.00)
Budgeted Personnel Lapse Balance
Remaining $ 66,200.00
Net Second Quarter Personnel Lapse (46,100.00)
Budgeted Personnel Lapse Balance Remaining $ 20,100.00
For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29926-20590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Internal Service Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 511.)
658
ACTION:
Mrs. Bowles moved the adoption of Ordinance No. 29926-20590. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser,
Trout and Mayor Taylor .......... 6.
NAYS: None ........
(Vice-Mayor Fitzpatrick was absent.}
CITY ATTORNEY:
CITY CODE-POLICE DEPARTMENT-DISORDERLY CONDUCT AND ABUSIVE
LANGUAGE: The City Attorney submitted a written report advising that
the Code of the City of Roanoke (1979), as amended, does not currently
define the crime of solicitation to commit certain sexual offenses;
and the Commonwealth's Attorney and the Chief of Police requested that
the City Attorney research and recommend, if possible, a solicitation
ordinance which will pass constitutional muster.
The City Attorney recommended adoption of a measure which appears
to be constitutional and should give police officers a new weapon to
deal with the problem of solicitation on the public streets, which pro-
hibits communicating to or accepting from another person, not a spouse,
an offer to commit sodomy, adulte~ or fornication, and which prohibits
bargaining or negotiating with another person, not a spouse, concerning
the price or other circumstances relating to commission of sodon!y,
adultery or fornication, advising that the ordinance carries a Class 1
misdemeanor penalty (12 months in jail or a $1,000.00 fine or both).
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29927-20590) AN ORDINANCE amending Chapter 21, Offenses -
miscellaneous, Code of the City of Roanoke (1979), as ~mended, by
enacting new §21-18.1, Solicitation for fornication, sodom7 or
adultery, such new section defining the crime of solicitation and
establishing a penalty therefor; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 512.)
Mr. Sam Garrison, 423 Albemarle Avenue, S. W., appeared before
Council and advised that two weeks ago Council adopted an ordinance
that intruded into the personal liberty of the citizens of the City of
Roanoke, and he did not want the same thing to happen again without
dissent or debate. He stated that it was awkward to stand up in a
public forum and talk about sexual matters because our culture does not
encourage such discussion. He further stated that throughout the
world, this country has been recorded as a beacon for individual
liberty and yet, in our culture, we have a kind of blind spot when it
comes to individual freedom. He added that if a matter relates to sex
and certain other matters such as gambling, etc., so long as a substan-
tial segment of outspoken members of the community feel that the con-
duct is immoral, government will impose regulations without batting an
eyelash. As an example, he inquired if the ordinance presently before
Council applies to two consenting adults sitting on a porch in a home
in the City of Roanoke, unmarried, and one of them offers to commit one
of the sexual acts mentioned in the ordinance with the other and the
other accepts; whereupon he submitted, that the proposed ordinance
literally prohibits that type of activity. He explained that from the
publicity generated through the news media about the purpose of the
ordinance, he was of the opinion that it was not the intent of the City
Attorney or the Commonweath's Attorney to have such a broad sweeping
regulation of conversation between two people in the City of Roanoke
regarding sexual actions, and submitted that if the City does not want
such a broad prohibition, the ordinance needs to be redrawn. He stated
that if Council wishes to prohibit such conversation among citizens
about sexual matters as broadly as the ordinance literally allows, he
would ask the question, why, and what business is it of Council's to
regulate the morals of adult individuals in this community relating to
the most private possible matter. He further stated that the voters of
the state recently expressed the opinion that when it comes to abor-
tion, they no longer want the government telling people what to do with
659
ACTION:
their bodies as a general proposition subject to exception, therefore,
why would they want the government of the City of Roanoke making a con-
versation between two consenting adults about committing one of the
acts mentioned in the proposed ordinance a criminal offense punishable
by up to 12 months in jail or a $1,000.00 fine. He asked that Council
begin a new American revolution that even in sexual matters there must
be a compelling public urgent necessity regulating conduct or else it
is not the business of government. He stated that one does not have to
approve of one's conduct simply because one tolerates it, or approve of
one's conduct because it is not criminal. He further stated that it is
not the business of government, whether it be local, state or national,
to get that involved in telling people how they shall live when it mat-
ters of great intimacy.
Mr. Garland moved the adoption of Ordinance No. 29927-20590. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ....... .6.
NAYS: None ..........
O.
(Vice-Mayor Fitzpatrick was absent.)
CITY CLERK:
ACTION:
SCHOOLS: The City Clerk submitted a written report requesting
that certain dates be established in connection with the selection pro-
cess for School Board Trustees, pursuant to Chapter 9, Education, of
the Code of the City of Roanoke (1979), as amended. '
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council con~:ur in the following dates. The
motion was seconded by Mr. Trout and adopted.
On Monday, March 12, 1990, at 6:00 p.m., in the
Lobby of the Municipal Building, Council will hold
an informal meeting (reception), which will be open
to the public, with all candidates for school
trustee.
On Monday, March 26, 1990, at 2:00 p.m., or as soon
thereafter as the matter may be heard, Council will
review and consider all candidates for the position
of school trustee. At such meeting, Council will
review all applications filed for the position and
may elect to interview candidates for such posi-
tions.
On Monday, April 9, 1990, at 2:00 p.m., or as soon
thereafter as the matter may be heard, Council
will, by public vote, select from the field of can-
didates those candidates to be accorded the formal
interview and all other candidates will be elimi-
nated from the school trustee selection process.
The number of candidates to be granted the inter-
view will not exceed three times the number of
positions available on the Roanoke City School
Board, should there be so many candidates.
On Monday, April 16, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, Council will
hold a public hearing to receive the views of
citizens.
On Thursday, April 19, 1990, at 7:00 p.m., in the
City Council Chamber, Council will hold a meeting
for the purpose of conducting a public interview of
the candidates for the position of school trustee.
660
ACTION:
ACTION:
On Monday, May 14, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, Council will
hold an election to fill the vacancies on the
Roanoke City School Board.
REPORTS OF COMMITTEES:
BUDGET-LIBRARIES: Council Member Robert A. Garland, Chairman of
a bid committee appoi,ted by the Mayor to tabulate bids received for
roof replacement at the Northwest Library, presented a written report
on behalf of the committee recommending that Council authorize the City
Manager to enter into a contract with Consolidated Industrial Roofing,
Inc., in accordance with contract documents prepared by the City
Engineer's Office, in the amount of $12,610.00 and 30 consecutive
calendar days; that the Director of Finance be authorized to transfer
the following funds from the General Fund Contingency, Fixed Asset
Maintenance, Account No. 001-002-9410-2201, to Building Maintenance
Outside Contractors, Account No. 001-052-4330-3056; and reject all
other bids received.
Contract Amount $12,610.00
Project Contingency 1,590.00
TOTAL $14,200.00
The City Manager submitted a written report concurring in the
recon~endations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29928-20590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
e~ergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 513.)
Mr. Garland moved the adoption of Ordinance No. 29928-205g0. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ........ 6.
NAYS: None ........
(Vice-Mayor Fitzpatrick was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29929-20590) AN ORDINANCE accepting the bid of Consolidated
Industrial Roofing, Inc., made to the City for roof replacement at the
Northwest Library; rejecting the other bids made to the City; and pro-
viding for an emergency,
(For full text of Ordinance, see Ordinance Book No. 51, page 514.)
Mr. Garland moved the adoption of Ordinance No. 29929-20590. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ........ 6.
NAYS: None ....... -0.
(Vice-Mayor Fitzpatrick was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
PLANNING-ZONING: Council Member Trout inquired as to whether or
not funds, in the approximate amount of $15,000.00, have been
appropriated by the City for a Land Use Study following completion of
the Franklin Road widening project, as well as certain zoning recommen-
dations; whereupon, the City Manager advised that he would provide
Council with a written report in response to Mr. Trout's question.
EMERGENCY SERVICES; Council Member Garland advised it had been
brought to his attention by a citizen that there are several hundred
customers in the E-911 service delivery area whose telephones are
hooked up to party telephone lines, and if these citizens have occasion
to use E-911, their address is not automatically flashed on a screen in
the Communications Center. Furthermore, he pointed out that these
subscribers pay a small charge along with their monthly telephone bill
for this service.
ACTION:
Mr. Garland requested that the City Manager and the Director of
Finance work in concert with Mr. Donald C. Reid, Manager, C & P
Telephone Company, to determine available alternatives for these
several hundred E-911 subscribers and report to Council accordingly.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 3:30 p.m.
ATTEST:
APPROVED
City Clerk
Mayor
I
662
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 12, 1990
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 12, 1990, at 7:30 p,m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Re~
~, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
tl~l~), as amended.
PRESENT: Council Members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser and
Mayor Noel C. Taylor .......................................................... 7.
ABSENT: None ........................................................ O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,.
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Carl T. Tinsley,
Pastor, Cloverdale Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 12, 1990, at 7:30 p.m,, or as soon
thereafter as the matter may be heard, on the request of SMC Partners,
a Virginia General Partnership, that a tract of land containing 0.873
acre, located at 2801Brandon Avenue, S. W., identified as Official Tax
No. 1610204, be rezoned from EM-2, Residential Multi-Family, Medium
Density District, to C-1, Office District, subject to a certain con-
dition proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 26, 1990, and Friday, February 2, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning is to provide for the renovation of an
existing structure to be used as a general office, was before Council.
The Planning Commission recon~nended that Council approve the
request for rezoning which would allow for adaptive reuse of a struc-
ture that has been part of the neighborhood for a significant period of
time.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29930) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 161, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions profferd by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 518.)
ACTION: The motion was seconded by Mr. Trout.
663 ?
ACTION:
Mr. Harwell M. Darby, Jr., Attorney, appeared before Council in
support of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29930 was adopted on its first reading by the
following vote:
AYES: Council Members Trout,
Garland, Musser and Mayor Taylor-
NAYS: None
Bowers, Bowles, Fitzpatrick,
7,
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 12, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Community
Hospital of the Roanoke Valley, that a small eastern portion of pro-
posed new parcel B, extending into a portion of Official Tax No.
4020801, be rezoned from LM, Light Manufacturing District, to C-1,
Office District, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 26, 1990, and Friday,February 2, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~nission advising that the purpose
of the request for rezoning is to permit the continued construction of
a medical office building on a small portion of a parcel of land
described as Official Tax No. 4020801, presently zoned LM, Light
Manufacturing District, was before Council.
The Planning Commission recommended that Council approve the
request for rezoning, advising that C-1 zoning of the property is con-
sistent with the proposed medical office use currently under construc-
tion and is compatible with the existing land use and zoning pattern in
the area.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29931) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 519.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
);one, Ordinance No. 2992:1 was adopted on its first reading by the
following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Musser and
Mayor Taylor- .5.
NAYS: None
(Council Members Bowles and Garland abstained from voting.)
ZONING-CITY CODE: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, February 12, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of the City
Planning Commission, with regard to proposed amendments to the
following sections of Chapter 36.1, Zoning, of the Code of the City of
64
ACTION:
Roanoke (1979), as amended: Section 36.1-164, Section 36.1-206,
Section 36.1-227, Section 36.1-25, Section 36.1-723, Section 36.1-402,
Section 36.1-531, Section 36.1-249, and Section 36.1-585, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 26, 1990, and Friday~ February 2, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the first
comprehensive update to the City's zoning ordinance in over 20 years
was adopted by Council on April 20, 1987; that a current listing of
proposed amendments were compiled by the Planning Commission and staff
over the past 24 months based on input received from administrative
staff, the Board of Zoning Appeals, developers and citizens; and the
purpose of each of the proposed amendments is summarized in an attach-
ment to a report of the Planning Commission under date of January 25,
1990, was before Council.
The Planning Commission recommended that Council approve the pro-
posed amendments to the City's zoning regulations, which are part of an
ongoing effort by the Planning Co~mission and staff to fine tune the
ordinance and insure its responsiveness to current development issues.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29932) AN ORDINANCE amending §36.1-25, Definitions; subsection
(8) of §36.1-164, Permitted uses; subsection (8) of §36.1-206,
Permitted uses; subsection (9) of §36.1-227, Permitted uses, §36.1-227,
Permitted uses; by the addition of subsection' (39); subsections (20)
and (24) of §36.1-249, Permitted uses; §36.1-250, Special exception
the addition of subsection (5); subsection (b)(1)' of
uses, by
~F6-~.1-402, Additional ~ard requirements; fence and wall regulations,
subsection (~)(4)'of §3'G.1-402, Additional ~ar~ ~equirements; fence and
wall regulations; §36.1-531, Ge~e~Jl requirements by the addition of
su--~b-~ect~on (j); subsection (b) of ~36,1~585, Landscaping, and
§36.1-723, Penalt~ for violations; of the Code of the City 6f Roanoke
(1979), as amended, such amend~nents relating to art studios, dwelling
units in C-3, Central Business District, permitted uses in LM, Light
Manufacturing District, storage of rental motor vehicles in LM, Light
Manufacturing District, height of fences in residential districts,
extent of accessory uses, buffering requirements, and penalties for
violations of Zoning Code, respectively.
(For full text of Ordinance, see Ordinance Book No. 51, page 520.)
The motion was seconded by Mr. Garland.
The Mayor inquired if there were persons present who would like to
address Council with regard to the proposed amendments. There being
none, Ordinance No. 29932 was adopted on its first reading by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............... .-7.
NAYS: None ........ O.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; and specific legal mat-
ters requiring the provision of legal advice by counsel, being a
dispute relating to an alleged contract.
ACTION:
ACTION:
ACIION:
ACTION:
665
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and co~nittees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor .................. 7.
NAYS: None .......... O.
ZONING: A report of qualification of Mr. Richard F. Rife as a
member of the Board of Zoning Appeals for a term of three years ending
December 31, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Offic6.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor-. 7.
NAYS: None .................. O.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Ms. Barbara N. Duerk as a member of the Roanoke Neighborhood Partner-
ship Steering Committee for a term of three years ending November 11,
1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor .................. 7.
NAYS: None ............. O.
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss specific legal matters requiring the provision of
legal advice by counsel, being a dispute relating to an alleged
contract, pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss specific legal mat-
ters requiring the provision of legal advice by counsel, being a
dispute relating to an alleged contract, pursuant to Section 2.1-344
(A) (7), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor-- 7.
NAYS: None ..................... O.
66
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY: A com-
munication from Council Member Elizabeth T, Bowles advising that
Project Discovery, Inc., is one of the very successful demonstration
projects developed by Total Action Against Poverty which is now state-
wide that addresses the higher education needs of minority and low
income students in Virginia; that tragically, the number of black
enrollees in college has dropped during the last decade; and Project
Discovery seeks to readdress the problem, was before Council.
It was further advised that over the last eight years, the Total
Action Against Poverty Project Discovery Program has worked with over
1,000 students helping them to gain access into higher education; that
the 14 projects statewide have served over 5,000 children with only a
.4 dropout rate of those enrolled; that the project has been hailed by
the Virginia Department of Education as a tremendous success as both a
college option and dropout prevention program; that a statewide cor-
poration developed by Total Action Against Poverty is reconstituting
its board representation along the lines of a local con~nunity action
agency, with one-third representing low income groups, one-third repre-
senting local jurisdictions, and one-third representing civic/community
organizations; and the City of Roanoke has an opportunity to appoint a
representative to Project Discovery's Board of Directors to assure the
continuation of the fine work started by Cabell Brand and the TAP orga-
nization.
Mrs. Bowles reconm~nded that Mr. Theodore J, Edlich be appointed
as the Roanoke City Council's representative to the Project Discovery,
Inc., Board of Directors.
(For full text, see con~nunication on file in the City Clerk's Office,)
Mrs. Bowles moved that Mr. Theodore J. Edlich be appointed as the
Roanoke City representative to the Board of Directors, Project
Discovery, Inc. The motion was seconded by Mr. Fitzpatrick and unani-
meusly adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SPECIAL PERMITS-CITY PROPERTY-RED CROSS: The City Manager sub-
mitted a written report advising that during March, 1989, Council
granted permission to the Roanoke Valley Chapter, American Red Cross,
to hang flags from street lighting poles in the Central Business
District of the City, which was in recognition of Red Cross Month to
honor the thousands of volunteers who help their community 1.brough ser-
vice in the organization.
It was further advised that pursuant to communication under date
of January 12, 1990, Mr. Edward C. Dunbar, Chairman of the Roanoke
Valley Chapter of the American Red Cross, has again requested per-
mission to fly the three foot by five foot American Red Cross flags
from street lighting poles in tile Central Business District of the City.
The City Manager recommended that Council grant the Roanoke Valley
Chapter, American Red Cross, permission to hang flags from street
lighting poles in the Central Business District of the City.
(For full text, see report on file in the City Clerk's Office.)
(m
ACTION:
ACT[ON:
ACTION:
667
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29933) AN ORDINANCE granting to the American Red Cross, Roanoke
Valley Chapter, a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No, 51, page 523,)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor--- 7.
NAYS: None O.
BUDGET-FIRE DEPARTMENT-SCHOOLS-PARKS AND PLAYGROUNDS-SWIMMING
POOLS: The City Manager submitted a written report concurring in a
report of a bid committee with regard to certain roof repairs on
various City-owned buildings.
The bid committee recommended that Counctl accept the lowest
responsible bids for roof repairs, as follows:
Project #1 - Washington Park Pool Building and
Project #3 - Fallon Park Pool Building, as sub-
mitted by Melvin T. Morgan Roofing and Sheet Metal,
in the total amount of $13,500.00.
Project #2 - Fishburn Park, Project #4 - Wasena
Park, Project #5 - Jefferson High School and
Project #6 - No. 7 Fire Station, as submitted by
Consolidated Industrial Roofing, in the total
amount of $17,485.00.
Reject all other bids.
Authorize transfer from Maintenance Fixed Asset
Contingency, Account No. 001-002-9410-2201, to
Building Maintenance, Account No. 001-052-4330-
3056, to provide funds for necessary roof repairs,
in the amount of $30,985.00.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29934-21290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 515.)
Mr. Trout moved the adoption of Ordinance No. 29934-21290. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..................................... 7.
NAYS: None ................... O.
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29935-21290) AN ORDINANCE accepting certain bids for roof
repairs on various City-owned buildings; rejecting the other bids made
to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 515.)
Mr, Fitzpatrick moved the adoption of Ordinance No. 29935-21290.
The motion was seconded by Mr. Trout and adopted by the following vote:
668
ACTION:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............. 7.
NAYS: None ......................
STATE HIGtlWAYS-GRANTS-PLANNING: The City Manager submitted a
written report advising that the Virginia Department of Transportation
and the City of Roanoke plan to widen Franklin Road between Third
Street and Mountain Avenue, S. W.; that concerns have been raised by
area businesses and residents of the Southwest Historic District with
regard to future development of the area between downtown and the Old
Southwest neighborhood; and architectural and planning services were
recommended in 1987 to design and lay out a master plan of the area
which will guide investment, target properties for future public
acquisition and establish desired land uses.
It was further advised that Council approved $15,000.00 in
December, 1987 as part of the 1987-88 Community Development Block
Grant Program for a master plan of the Franklin Road/Elm Avenue corri-
dor; and Architectural and Planning Services Qualification Proposals
for the master plan were publicly advertised on December 17, 1989, and
received on December 29, 1989, from the following firms:
Hill Studio, P. C.
Hayes, Seay, Mattern and Mattern
Architects Design Group
The City Manager recommended that he be authorized to execute a
contract with Hill Studio, P. C., to provide architectural and planning
services for the Franklin Road/Elm Avenue Master Plan, in an amount not
to exceed $15,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#29936-21290) AN ORDINANCE authorizing the execution of a
contract with Hill Studio, P. C., to provide architectural and planning
services for the Franklin Road/Elm Avenue Master Plan; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 516.)
Mr. Musser moved the adoption of Ordinance No. 29936-21290. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor .............. 7.
NAYS: None .................
,0.
BUDGET-CAPITAL IMPROVEMENT PROGRAM: The City Manager and the
Director of Finance submitted a joint written report advising that in
an effort to establish approved designated funding sources for the new
Five Year Capital Improvement Program (CIP), capital improvement
accounts with excess appropriations have been designated for transfer
and funds in several Capital Improvement Reserve accounts have been
consolidated; and a total of $1,030,248.00 in excess appropriations
should be transferred, by budget ordinance, to the appropriate accounts
as follows:
669
Account No.
Unobl
Project Budget
Description Balance
008-052-9622-9001 Wmsn Rd St
Dr Ph 2
Cont IID$
008-052-9634-9001 Wmsn Rd St
Dr Ph 2
Cont IE
158,116
008-052-9635-9001
Wmsn Rd St
Dr Ph 2
Cont IF
52,396
73,460
Trans to Acct
Description
Transfer to
Account No.
Pub Impr Bond 008-052-9603-9176
Series 88 -
Storm Drains
008-052-9603-9176
008-052-9603-9176
SUBTOTAL $ 283,972
008-052-9575-9180 Cap Impr
Res - Parks
008-002-9616-9003 Downtown
North $
Cap Impr Res
547 - Buildings
=====: Cap Impr Res
2,020 - Eco Dev
008-052-9534-9003 Mai Bridge
Rep/Repl $
008-052-9559-9003
008-052-9575-9187
008-052-9575-9179
4,000
Wmsn Rd St
Dr Ph 2
Cont IIC 62,964
Cap Impr
Res - Nhbd
St Dr 260,442
Cap Impr
Res - WR
St Dr 396,640
Cap Impr Res
- Streets
Cap Impr Res
- Storm Drains
008-052-9575-9173
008-052-9575-9178
008-052-9575-9181
008-052-9575-9176
008-052-9575-9176
008-052-9575-9176
ACTION:
SUBTOTAL $ 718,046
008-052-9559-9003 Wmsn Rd St Wmsn Rd St Dr 008-052-9639-9003
Dr Ph 2 Ph 2 Cont IIG
Cont IIC 21,663
TOTAL $1,030,248
The City Manager and the Director of Finance recon~ended transfer
of $1,030,248.00, representin~ excess appropriations from certain
Capital Project accounts.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29937-21290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 517.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29937-21290.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor-. .7.
NAYS: None- - ........O.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
.!
670
ACTION:
ACTION:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
MISCELLANEOUS-CITY GOVERNMENT: Council Member Bowles called
attention to an article which appeared in a recent issue of Parenting
Magazine in which the City of Roanoke was listed as one of the top ten
cities in the nation in terms of quality of life, schools, affordable
housing, law crime rate and clean environment.
OTHER HEARINGS OF CITIZENS:
BUSES: Mr. James Preston, 1730 Moorman Road, N. W., appeared
before Council and presented a petition signed by residents of the
northwest section of the City requestin9 that the Villa Heights and
Melrose Avenue bus route be reinstated and that service be provided
every 30 minutes, Monday through Saturday.
Mr. Musser moved that the matter be referred to the General
Manager of Valley Metro for investigation and report to Council. The
motion was seconded by Mr. Fitzpatrick and unanimously adopted.
At 8:00 p.m., the Mayor declared the meeting in recess.
At 8:40 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Fitzpatrick moved with respect to the Executive
Session just concluded, that each Member of City Council certify to the
best of his or her knowledge that: (1) only public business matters
lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act and (2) only such public business matters as
were identified in any motion by which any Executive Session was con-
vened were heard, discussed or considered by City Council. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor .......... 7.
NAYS: None .......... O.
SCHOOLS: Council having previously approved certain dates in con-
nection with the School Board Trustee selection process, the Mayor
called attention to a conflict in scheduling, and advised of the
following revised dates:
On Monday, March 19, 1990, at 2:00 p.m., or as soon
thereafter as the matter may be heard, Council will
review and consider all candidates for the position
of school trustee. At such meeting, Council will
review all applications filed for the position and
may elect to interview candidates for such posi-
tions.
On Monday, March 26, 1990, at 2:00 p.m., or as soon
thereafter as the matter may be heard, Council
will, by public vote, select from the field of can-
didates those candidates to be accorded the formal
interview and all other candidates will be elimi-
nated from the school trustee selection process.
The number of candidates to be granted the inter-
view will not exceed three times the number of
positions available on the Roanoke City School
Board, should there be so many candidates.
On Monday, April 9, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, Council will
hold a public hearing to receive the views of
citizens.
On Thursday, April 12, 1990, at 7:00 p.m., in the
City Council Chamber, Council will hold a meeting
for the purpose of conducting a public interview of
the candidates for the position of school trustee.
671
There being no further business, the Mayor declared the nmeting
adjourned at 8:45 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
672
SPECIAL MEETING ROANOKE CITY COUNCIL
February 20, 1990
8:30 a.m.
The Council of the City of Roanoke met in special meeting in the City
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, February 20, 1989, at 8:30 a.m., pursuant to
Section 10, Meetings of Council, of the Roanoke City Charter, and pursuant to
con~unication from the Mayor under date of February 16, 1990, with Mayor Noel C.
Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor ............. 7.
ABSENT: None ..........
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Mr.
Steven J. Talevi, Assistant City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor referred to the following communication calling the spe-
cial meeting of Council:
"February 16, 1990
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council,
Generally, of the Roanoke City Charter, please be
advised that I am calling a special meeting of the
Council of the City of Roanoke on Tuesday,
February 20, 1990, at 8:30 a.m., in the City
Council Chamber. The purpose of the special
meeting will be to discuss and consider a matter
regarding the disposition of publicly held pro-
perty, specifically a parcel of land owned by the
City of Roanoke for economic development purposes.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor"
SALE/PURCHASE OF PROPERTY-INDUSTRIES: The City Manager submitted
a written report advising that Elizabeth Arden Company has chosen a
28.257 acre site identified as Parcel 4, Official Tax No. 7210101, in
the Roanoke Centre for Industry and Technology, for the location of a
new office/distribution facility, with Elizabeth Arden Parfums
International and Erno Laszlo to be handled out of this operation; that
the initial facility will be 250,000 square feet and employ approxima-
tely 275 persons; and it is estimated that the facility will be
expanded to 350,000 square feet with 325 employees in five years.
673 .i
It was further advised that initial investment is estimated to be
$10,000,000 in building and equipment, and $2,500,000.00 in expansion
investment; that the proposed new facility will not only allow for a
major expansion and consolidation of Elizabeth Arden's distribution
operations in Roanoke, it will allow the Company to expand its manufac-
turing operations at the Plantation Road plant.
The City Manager explained that Elizabeth Arden Company desires an
option on Parcel 4 in the Roanoke Centre for Industry and Technology
which would later be transferrable to a developer of its choice; that
the company proposes to enter into a lease or lease with option to buy,
with the developer yet to be chosen for an initial period of ten years
for the purpose of operating an office/distribution facility and major
terms of the option are as follows:
Sale price of the 28.257 acres is $706,500.00
($25,000.00 per acre).
Option money, in the amount of $25,000.00, is to be
paid to the City by Elizabeth Arden Company. If
the option is exercised, this amount will be
applied to the sale price. If the option is not
exercised, Elizabeth Arden Company will forfeit a
pro rata share of the option money determined on a
month-to-month basis.
Option is for 180 days.
Elizabeth Arden Company may enter the property and
perform surveying, engineering, soil borings, and
other tests necessary to determine site suitabi-
lity.
The City shall incur no cost for off-site improve-
ments, including installation of utilities and
roads.
The City or Elizabeth Arden Company may assign this
option, either before or after the exercise of the
option, with the written consent of the other party
to the option.
Closing shall be 60 days after the exercise of the
option.
It was explained that the Company's timetable for this project is
as follows:
Develop performance specifications, put together
bid package and solicit bids to developers -
December 1, 1989.
Review bids and select developer - January 15,
1990.
Submit project to corporate management for
approval - February 1, 1990.
Corporate approval process, 2 - 3 months - April 1,
1990 -- Sign contract - May 1, 1990.
The City Manager recommended that he be authorized to enter into.
the proposed option with Elizabeth Arden Company.
(For full text, see report on file in the City Clerk's Office.)
674
Mr. Brian J, Wishneff, Chief, Economic Development, introduced Mr,
Stephen A. Morrtssey, Director of Logistics and Mr. Norman A. Gervais,
Director of Engineering of the Elizabeth Arden Company.
Mr. Morrissey advised that factors which brought the Elizabeth
Arden Company to this point are the rapid growth of the cosmetics busi-
ness, the consolidation of several businesses under the Unilever flag
and Elizabeth Arden and a decision to consolidate logistics. He stated
that it was discovered that the present facility on Plantation Road had
exceeded its capacity to house both manufacturing, customer service,
order processing, export and distribution. He referred to outlets in
New Jersey, New York, Connecticut, Virginia and Georgia in which it is
proposed to bring these groups together, centralize them in one point
and after looking at the available area in Roanoke, it was determined
that the RCIT site met the Company's long term needs. He called atten-
tion to the positive business attitude of the City's economic develop-
ment staff, the availability of good transportation to meet customer
needs, both in the east as well as other parts of the country and
throughout the world from Roanoke as a destination point. He stated
that for the short term, Elizabeth Arden has located several sites
around the area to consolidate its businesses; and office space and
warehousing has been rented all around the greater Roanoke Valley in an
effort to gradually consolidate all of the outlets. He explained that
for the long term, Elizabeth Arden is looking towards consolidating all
of its locations in one large distribution center in approximately
250,000 square feet which it hopes to establish in the Roanoke Centre
for Industry and Technology. He added that a plan for the building has
been prepared and a proposal will be submitted to the parent company,
Uni]ever, sometime during the next month.
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
ACTION:
(#29938) AN ORDINANCE authorizing the execution of an option for
the sale of approximately 28.26 acres of land within the Roanoke Centre
for Industry and Technology to Elizabeth Arden Company, and authorizing
the execution of the requisite deed conveying such property.
(For full text of Ordinance, see Ordinance Book No. 51, page 532.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, T~out and Mayor Taylor ....... --7.
NAYS: None ......... O.
There being no further business, the Mayor declared the special
meeting adjourned at 8:50 a.m.
APPROVED
ATTEST:
City C1 erk
Mayor
675
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 20, 1990
2:00 p.m.
m
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 20, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended. ,.
PRESENT: Council Members David A. Bowers, Elizabeth T, Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor ........ 7.
ABSENT: None ............ O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl 'B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meet:ng was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor. -.~
BID OPENINGS:
ACTION:
ACTION:
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for
bids for improvements to play areas at Jackson, Norwich and Wasena
Parks, said bids to be received by the City Clerk until 1:30 p.m., on
Monday, February 20, 1990, and to be held, opened and read before the
Council at 2:00 p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened-and read the
following bids:
BIDDER BASE BID TOTAL
Construction Services of Roanoke,
Inc.
Breakell,Inc.
Aco-n Construction, Ltd.
Austin Electrical Construction, Inc.
Martin Brothers Contractors, Inc.
H & S Construction Company
Halls Construction Corporation
Brown Brothers Construction
Gardner-Smith, Inc.
$ 88,200.00
91,446.00
105,600.00
108,190.00
109,750.00
112,775,00
124,60! .00
127,000. O0
139,400,00
Mr. Musser moved that the bids be referred to a comnittee to be
appointed by the Mayor for tabulation, report and recon~endation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the conmnittee.
:~\'
STREETS AND ALLEYS: Pursuant to notice of advertisement for bids
for construction of the Brandon Avenue widening from Main Street to
Windsor Avenue, S. W., said bids to be received by the City Clerk until
1:30 p.m., on Monday, February 20, 1990, and to be held, opened and
read before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
676
ACTION:
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
DLB, Inc.
H & S Construction Company
L. H. Sawyer Paving Company, Inc.
S. R. Draper Paving Company, Inc.
Virginia Asphalt Paving Company, Inc.
$127,140.15
128,278.00
141,460.92
149,833.89
175,045.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
:ti] j:
The Mayor appointed Robert A. Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the committee.
PUBLIC HEARINGS: . .,~ ;::~
LEGISLATION: Pursuant to §15.1-1137, Code of Virginia (1950), as
amended, and §9(b) of the Consolidation Agreement betweentthe County of
Roanoke and City of Roanoke, the City Clerk having advertised a public
hearing for Monday, February 20, lggO, at 2:00 p.m.,,
thereafter as the matter may be heard, with regard to the Board of
Supervisors of the County and the City Council of the CitY authorizing
execution of the Consolidation Agreement which may be adopted by the
two governing bodies and such Agreement may be filed with the Circuit
Courts of the County of Roanoke and the City of Roanoke-on or before
February 28, 199D, was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 29, 1990, Monday, February 5, 1990, Monday, February 12, lggO,
and Monday, February 19, 1990 .... ~
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29939-22090) AN ORDINANCE authorizing the execution of a
Consolidation Agreement between the City of Roanoke",(hereinafter
"City") and the County of Roanoke (hreinafter "County")1 authorizing
the filing, on or before February 28, 1990, with the Circuit Courts for
the City and the County, of such Agreement along with a petition exe-
cuted by the Mayor praying that the Circuit Courts order that a
referendum be held; authorizing the execution of an Agreement between
the City, the County and Town of Vinton relating to the expansion of
the boundaries of the Town and the respective powers, rights and
authorities of the Town a.nd Roanoke Metropolitan Government vis-a-vis
each other; authorizing the City Attorney to file such petitions,
pleadings, certificates and other legal papers with Federal and State
courts and administrative agencies as are deemed necessary and proper
to permit a referendum on consolidation; directing the City Clerk to
forward an attested copy of this ordinance to the Clerk of the Board of
Supervisors of the County, the Clerk of the Town of Vinton Council, the
Clerk of the City of Salem Council and the Judges of the Circuit Courts
for the City and the County; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51,']pa~e 524.)
Mr. Fitzaptrick moved the adoption of Ordinance No. 29939-22090.
The motion was seconded by Mr. Musser and adopted by.'the following
vote:
AYES: Council Members Bowers,
Musser, Trout and Mayor Taylor ........
NAYS: None ...........
Bowles,
Fitzpatrick, Garland,
0.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. NONE.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
NONE.
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
DONATIONS-LAW LIBRARY-NORFOLK AND WESTERN RAILWAY: The City
Manager submitted a written report advising that Norfolk Southern
Corporation Law Department had offices in Roanoke until November, 1989;
that the Law Department housed a collection of state codes for]most of
the states east of the Mississippi; that the Law Department's collec-
tion of twenty state codes had been a valuable resource for both the
public and the legal community of the Roanoke Valley; and the Norfolk
Southern Corporation Law Department has offered the state code collec-
tion to the Law Library as an outright gift, valued in excess..,of..
$5,000.00. ~
The City Manager recommended that Council authorize the acceptance
of the state collection.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
ACTION:
(#29940-22090) A RESOLUTION accepting a donation of a collection
of various State Codes made to the City of Roanoke by the i~Norfolk
Southern Corporation.
(For full text of Resolution, see Resolution Book No. 51, page ,$26.)
Mr. Trout moved the adoption of Resolution No. 29940-22090. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote: i~
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garlands..
Musser, Trout and Mayor Taylor ........ 7.
NAYS: None .......... O.
BUDGET-PARKS AND PLAYGROUNDS: The City Manager submltted.a writ-
ten report advising that development of Andrews Memorial Park and the
Williamson Road Gateway was authorized by Council, pursuant to
Ordinance No. 29313, adopted on September 26, 1988; that funding for
the Andrews project was shared between the City and the Andrews heirs;
that the Williamson Road Gateway project was funded 100% with Community
Development Block Grant (CDBG) funds; and the projects were the
outgrowth of a Council-approved visual improvement study of the entire
Williamson Road corridor.
It was further advised that enhancements (flag poles,~ flags,
ground lighting) for both parks has been requested by the Williamson
Road Action Forum (WRAF) and the Williamson Road Area. Business
Association (WRABA); that both groups supported the original planning
and implementation for the parks; that donations to reduce costs of the
project have been pledged by the WRAF ($1,000.00) and the Andrews
family ($500.00); that the project bids have been solicited with the
lowest responsible bid being submitted by Austin Electrical
Construction, Inc., in the amount of $10,150.00; and approval of
Council is required to implement the project.
678
ACTION:
ACTION:
The City Manager recommended that Council authorize the following:
Acceptance of the low bid in the amount of
$10,150.00 as submitted by Austin Electrical
Construction, Inc., and reject of all other bids.
Issuance of a written notice to proceed on this
project by the City Manager or his designee.
Transfer of $8,650.00 from Capital Improvement
Reserve Account No. 00B-052-9575-9188 to an account
to be established by the Director of Finance for
this project.
Establishment of an account receivable by the
Director of Finance to escrow the $1,500.00 mone-
tary donation for this project as promised by the
Williamson Road Action Forum ($1,000.00) and the
Andrews Family ($500.00).
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29941-22090) AN ORDINANCE to ame,:d and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency. ,.
(For full text of Ordinance, see Ordinance Book No. 51, page 527.)
Mrs. Bowles moved the adoption of Ordinance No. 299¢1-220gO. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....... 7.
NAYS: None .........
O.
Mrs. Bowles offered the following emergency Ordinance:
(#29942-22090) AN ORDINANCE accepting the bid of Austin
Electrical Construction, Inc., for installation of flag poles, flags
and ground lighting at Williamson Road Gateway Park and';Andrews
Memorial Park, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 528.)
Mrs. Bowles moved the adoption of Ordinance No. 29942-22090. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ 7.
NAYS: None ....... O.
HOUSING-GRANTS: The City Manager submitted a written report
advising that the Virginia General Assembly appropriated 47.5 million
in the 1988-198g biennium for a broad variety of housing programs; that
the action was the first significant monetary investment by the State
in housing; that the General Assembly's intent was to createia per-
petual revolving fund for housing over a ten year period, entitled the
Virginia Housing Partnership Fund; and the Virginia Department of
Housing and Community Development (DHCD) has developed and administered
a variety of programs funded by the Housing Partnership Fund, including
programs oriented towards the following: ..
679
Rehabilitation of single- and multi-family units;
Production of new housing units;
Low-cost emergency repairs;
Homeless assistance and intervention;
Congregate living facilities; and
m
Seed money for non-profit housing organizations.
It was further advised that projects in the City of Roanoke have
received allocations from the Partnership Fund, in the amount of
$2,727,811.00 in the current beinnum; that the allocations are applied
to projects which leverage or bring into the Roanoke econonty an addi-
tional $7 million; that the $2.7 million allocated to projects in
Roanoke included $835,414.00 directly to the City for City-administered
programs, specifically as described below:
Mul ti-fatal 1¥ Rehabi 1 i tati on Loan Program:
Neighborhood Stabilization and Enhancement
Program/Mountain View -- $313,000.00.
1990 Rental Rehabilitation Program --
$212,000.00.
ACTION:
Singl e-fami 1¥ Rehabi 1 i tati on Loan P rooram:
Home Purchase Assistance Program --
$160,000.00.
Critical Home Repair Program -- $80,000.00
Owner-Occupied Rehabilitation Loans --
$60,000.00.
Emergenc~ Home Repair Program -- $10,414.00.
It was explained that funds allocated to the City from the Housing
Partnership Fund are a critical supplement to programs funded from tra-
ditional Federal sources, particularly the Community Development Block
Grant, i.e. the $835,414.00 received from the Partnership Fund compares
with $460,300.00 in housing subsidies contained in the 1989-90 CDBG
budget; and budget concerns of the State have put into doubt the con-
tinuation of the Housing Partnership Fund, along with its benefits to
Roanoke.
The City Manager recommended that Council communicate the City's
strong support for the Housing Partnership Fund and request our area
legislators to support its continued funding by the General Assembly.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#29943-22090) A RESOLUTION urging continued funding by the
General Assembly of the Virginia Housing Partnership Fund; requesting
the area legislators to support continued funding of a significant
resource to improve housing conditions in the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 51, page. 528.)
Mr. Musser moved the adoption of Resolution Ho. 29943-22090. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles,
Musser, Trout and Mayor Taylor--
NAYS: None
Fitzpatrick, Garland,
7.
68O
BUDGET-REFUSE COLLECTIONS-ROANOKE VALLEY REGIONAL SOLID WASTE
MANAGEMENT BOARD: The City Manager submitted a written report advising
that the Recycling Task Force Report and recon~nendattons was presented
to Council in the form of a briefing at a regular meeting of Council on
December 18, 1989; that the administrative public hearing was held on
Thursday, January 11, 1990, in the Council Chamber, for the purpose of
soliciting citizen con~nents and suggestions concerning the proposed
recycling proposals; that approximately 50 persons attended and all
offered positive support for the City's plan to institute a program of
residential solid waste recycling; and letters and telephone calls have
also been received from a number of City residents expressing support
for a residential solid waste recycling program.
The City Manager recommended that Council concur in the following
recommendations:
Create a program of residential solid waste
recycling in accordance with the Recycling Task
Force Report and Recommendations;
Authorize the Director of Finance to establish an
Account-Receivable, in the amount of $112,756.00
(35 percent of $322,160.00) for grant from the
Regional Solid Waste Management Board;
Appropriate $112,756.00 in grant funds and transfer
$209,404.00 (City's 65 percent match of Regional
Solid Waste Management Board Grant) from the
following available accounts to the appropriate
accounts in the Refuse Collection budget:
From:
Grant (to be established
by Director of Finance )
GRTC Operating Subsidy
(Account No. 001-056-8150-3700)
Capital Maintenance & Equipment
Replacement Program
Equipment Replacement
(Account No. 001-002-9410-2202)
Recovered Costs-Jail
(Account No. 001-024-3310-8005)
Total
To:
Regular Salaries
(Account No. 001-052-42~0-1002)
City Retirement
(Account No. 001-052-4210-1105)
FICA (Account No. 001-052-4210-1120)
Life Insurance
(Account No. 001-052-4210-1130)
Fees for Professional Services
(Account No. 001-052-4210-2010)
Vehicular Equipment
(Account No. 001-052-4210-9010)
Other Equipment
(Account No. 001-052-4210-9015)
Total
$112,756.00
50,000.00
50,000.00
35,000.00
74,4O4.OO
$322,160.00 ,
.:i
$ 12,500.60
1,576.00
956.00
.i
128.00
38,000.00
80,000.00
189,000.00..,'
$322,160.00~
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance: ....
(#29944-22090) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 529.)
ACTION:
Mr. Garland moved the adoption of Ordinance No. 29944-22090.
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers,
Musser, Trout and Mayor Taylor-
NAYS: None
The
Bowles, Fitzpatrick, Garland,
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that during the course of construction of the
three referenced segments of the Williamson Road Storm Drainage System,
the opportunity presented itself to make certain revisions to storm
drain profiles and alignment that would result in a net reduction of
the three contracts taken as a whole, primarily due to the contractor
electing to tunnel for the deep 72 inch storm drain through Ravenwood
Avenue on Contract I-E instead of using the open cut method.
It was further advised that due to the integrated nature of the
three segments, any changes in profile or alignment in one segment..are..
likely to affect the other two segments; that after careful review by
the Engineering Department, the consultant engineer, and the contrac-
tor, it was determined that the revisions, taken as a whole would have
the following effect:
Contract I-E reduces by ($28,006,51)
Contract I-F increases by 67,678.08
Contract I-G reduces by (54,351.68)
Net Reduction ($14,680.11)
681
m~
it was explained that the contractor has completed the tunnel work
on contract I-E with reductions in excavation, aggregate base, and
paving items resulting in a change order reduction in the amount of
$28,006.51; that the contractor has completed profile and alignment
changes on Contract I-F by extending the tunnel work from I-E someli132t'
feet inside its construction limits, resulting in a change order
increase of $67,678.08; that the contractor has not started any work on
Contract I-G as of this date, but changes in profile and alignment
which decreased quantities of excavation, pipe materials, base
material, and paving items will result in a change order reduction of
$54,351.68; and adjustments to the contract amounts for Contracts I-E,
I-F, and I-G in the form of properly executed change orders need to be
made to reflect the revisions.
The City Manager recon~nended that Council take the following
action:
Authorize the City Manager to execute Change Orders
No. 1 to:
Reduce the current contract amount for
Contract I-E, in the amount of $1,757,504.50 .'
by $28,006.51 and establish a new contracti~',
amount of $1,729,497.99.
Increase the current contract amount of
$776,269,35 for Contract I-F by $67,678.08 and
establish a new contract amount of
$843,947.43.
Reduce the current contract amount of
$1,009,604.20 for Contract I-G by $54,351.68
and establish a new contract amount of
$955,252.52.
Authorize the Director of Finance to transfer the
following funds to the Williamson Road Storm Drain,,'.
Phase 2, Contract I-F, Account No. 008-052-9635-
9065:
682
ACTION:
ACTION:
ACTION:
From Williamson Road Storm Drain, Phase 2,
Contract I-E, Account No. 008-052-9634-9065,
in the amount of $28,006.51.
From Williamson Road Storm Drain, Phase 2,
Contract I-G, Account No. 008-052-9639-9065,
in the amount of $39,671.57.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29945-22090) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 530.)
Mr. Fitzpatrick moved the adoption of Ordinance rio. 29945-22090.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor--- 7.
NAYS: None ........... O.
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29946-22090) AN ORDINANCE approving the City Manager's issuance
of Change Order No. I to the City's contracts with Aaron J. Conner,
General Contractor, Inc., for the Williamson Road Storm Drain Project,
Phase II Contracts I-E, I-F and I-G; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 531.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29946-22090.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........... 7.
NAYS: None ........... O.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 29930 rezoning a tract of land containing
0.873 acres, locatea at 2801 Brandon Avenue, S. W., identified as
Official Tax No. 1610204, from RM-2, Residential Multi-Family, Medium
Density District, to C-1, Office District, subject to a certain con-
dition proferred by the petitioner, having previously been before the
Council for its first reading on Monday, February 12, 1990, read and
adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final adop-
tion:
(#29930-22090) AN ORDIN~iCE to amend §36.1-3, Code of tl)e City of
Roanoke (1979), as amended, and Sheet No. 161, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 518.)
Mr. Trout moved the adoption of Ordinance No. 29930-22090. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ -7.
NAYS: None ......... . .... O.
683
:m
ACTION:
ACTION:
ZONING: Ordinance No. 29931 rezoning two parcels of land lying
between Elm Avenue, S. E., South Jefferson Street, Williamson Road,
S. E., and Highland Avenue, S. E., identified as Official Tax No.
4020801 from LM, Light Manufacturing District, to C-1, Office District,
having previously been before the Council for its first reading on
Monday, February 12, 1990, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#29931-22090) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 519.)
Mrs. Bowles moved the adoption of Ordinance No. 29931-22090. The
motion was seconded by Mr. Trout and adopted by the following vote:'..:~iA
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor. · ........7.
NAYS: None-
ZONING-CITY CODE: Ordinance No. 29932 amending §36.1-25, Defini-
tions; subsection (8) of §36.1-164, Permitted uses; subsectton~f
~-206, Permitted uses; subsection (9) of §36.I-227, Permitted uses,
§36.1-227, Permitted uses; by the addition of subsection (39); subsec-
tions (20) and (24) of §36.1-249, Permitted uses; §36.1-250, Special
exception uses, by the addition of SUbsection (5); subsection (b)(1) of
§36.1-402,~dittonal Nard requirements; fence and wall.re~lations,.
subsection (c)(4)of §36.1-402, Additional Nard ~equirements; tence ano
wall regulations; §36.1-531, General requirements by"the addition' 6t
Subsection (j); subsection '(b) 6f ~36.1-585, Landscaping, and
§36.1-723, Penal~s for violations; of the Code of the'City of Roanoke
(1979), as-~T, men~ed, 'such amendments relating to art studios, dwelling
units in C-3, Central Business District, permitted uses in LM, Light
Manufacturing District, storage of rental motor vehicles in LM, Light
Manufacturing District, height of fences in residential districts,
extent of accessory uses, buffering requirements, and penalties for
violations of Zoning Code, respectively, having previously been before
the Council for its first reading on Monday, February 12, 1990, read
and adopted on its first reading and laid over, was again before the
body, Mr. Fitzpatrick offering the following for its second reading and
final adoption:
(#29932) AN ORDINANCE amending §36.1-25, Definitions; subsection
(8) of §36.1-164, Permitted uses; subsection (8) of §36.1-206,
Permitted uses; subsectionI (9) of §36.1-227, Permitted uses, §36.1-227,
Permit6ed uses; by the addition of subsection {'39); sub~ections (20)
and (24) of §36.1-249, Permitted uses; §36.1-250, Special exception
uses, by the addition of subsection (5); subsection (6](1) of
~F~.1-402, Additional yard requirements~ fence an~all .reg~lations~
subsection (c)(~)Of §36.1-'402, Additional ~ard requirements; fence
wall regulations~ §36.1-531, Gene'~al requirements
bym the addition
su-~-b'~ect~on (j~; subsection (b) of §36.1-58b, Landscaping, and
§36.1-723, Penalt) for violations; of the Code of the'City of Roanoke
(1979), as amendeaj such amend~ts relating to art studios, dwelling
units in C-3, Central Business District, permitted uses in LM, Light
Manufacturing District, storage of rental n~tor vehicles in LM, Light
Manufacturing District, height of fences in residential districts,
extent of accessory uses, buffering requirements, and penalties for
violations of Zoning Code, respectively.
(For full text of Ordinance, see Ordinance Book No. 51, page 520.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29932-22090.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ...... 7.
NAYS: None- O.
BB4
SPECIAL PERMITS-CITY PROPERTY-AMERICAN RED CROSS: Ordinance No.
29933 granting the American Red cross, Roanoke Valley Chapter, a revo-
cable permit to m~unt certain flags on street lighting poles in the
Central Business District of the City, upon certain terms and con-
ditions, having previously been before the Council for its first
reading on Monday, February 12, 1990, read and adopted on its first
reading and laid over, was again before the body, Mr. Musser offering
the following for its second reading and final adoption:
(#29933-22090) AN ORDINANCE granting to the American Red Cross,
Roanoke Chapter, a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 523.)
Mr. Musser moved the adoption of Ordinance No. 29933-22090. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............. 7.
NAYS: None ........ .0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE,
There being no further business, the Mayor declared the meeting
adjourned at 2:55 p.m.
APPROVED
ATTEST: _~~
City Clerk
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1
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
February 26, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 26, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
~, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~, as amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T. Fitzpatrick,
Jr., Robert A. Garland, Howard E. Musser, James O. Trout and Mayor Noel C.
Taylor ........ 6.
ABSENT: Council Member David A. Bowers
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Michael L. Enzlow,
Pastor, Maple Street Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss personnel
matters relating to vacancies o~" various authorities, boards, com-
missions and committees appointed by Council.
COUNCIL: A communication fro~'~ayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (Al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
2
ACTION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ................. 6.
NAYS: None .................
O®
(Council Member Bowers was absent.)
HENRY STREET REVITALIZATION-DOWNTOWN STREET CAR-STATE OF THE CITY
ADDRESS: The City Manager submitted a written report advising that
Recommendation No. 9 of the Mayor's 1989 State of the City Address
stated that as the City moves closer to the establishment of a conven-
tion center complex, consideration is proposed with regard to operating
a street car type vehicle (something new and different) to connect the
Transportation Museum, Henry Street, The Hotel Roanoke, the Convention
Center complex, Center in the Square, and the City Market area; that
the recommendation was referred to the City Manager on August 14, 1989;
and three alternatives or combinations thereof could be pursued, as
follows:
Replica Trolley - Report of Valley Metro General
Manager explaining recent effort by Valley Metro to
establish downtown replica trolley circulator ser-
vice is attached to the report. Decision is still
pending regarding the site for construction of the
convention center complex.
Working Authentic Trolley Exhibit - Virginia Museum
of Transportation is conducting a fundraising cam-
paign for the purpose of establishing a park along
Norfolk Avenue to include a working trolley exhi-
bit, which article is attached to the report.
Light Rail Trolley - This alternative would be the
most expensive if it is constructed to UMTA
standards.
The City Manager recommended that City staff offer to work with
the Virginia Museum of Transportation and Valley Metro staff as plans
for a linear park and working trolley exhibit are developed and for
continued interest in a replica trolley/circulator system.
(For full text, see report on file in the City Clerk's Office.)
ACTIOn:
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor .......................... 6.
NAYS: None ....... O.
(Council Member Bowers was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting appropriation of funds to the following school
accounts, was before Council.
Grant No. 6739 - $14,305.00 for the Adult Basic
Education Program to provide funds
for the education of adults who
have not completed high school.
The Program will be reimbursed by
Federal funds, in the amount of
$109,800.00, as augmented by this
supplemental appropriation.
Grant No. 6741 - $6,594.00 for vocational education
equipment. The Program will be
reimbursed by State funds, in the
amount of $3,841.00, with a local
match of $2,753.00.
It was further requested that Council appropriate $2,753.00 from
Federal funds for vocational education teachers in the handicapped and
disadvantaged programs.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that Vocational
Education Federal revenue, in the amount of $2,753.00, will be
appropriated in the General Fund; that Adult Basic Education grant
funding, in the amount of $14,305.00, is provided by one hundred per-
cent Federal funds and will be appropriated in the Grant Fund; that the
Vocational Education Equipment grant is funded by State funds of
$3,841.00 and a local match in the amount of $2,753.00; that funding
4
ACTION:
for the local match is available in the Instruction Category of
Education Accounts in the General Fund in Compensation of Teachers,
Account No. 001-060-6001-6143-0121, in the amount of $2,753.00; and
recommending that Council concur in the request of the School Board,
was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29947-22690) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 532.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29947-22690.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ......... 6.
NAYS: None ....... O.
(Council Member Bowers was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-EQUIPMENT-UTILITIES: The City Manager submitted a written
report concurring in a report of a bid committee with regard to certain
operational equipment for use by the Utility Line Services Department.
The bid committee recommended that Council accept equipment bids
and approve funding appropriations, as follows:
Trucks and Related Equipment
Item #1 - new ten ton dump cab/chassis from
Johnson International Trucks including deli-
very cost and bond, in the total amount of
$35,807.11.
Item #2 - new ten ton dump body for above unit
and item #5 - one heavy duty service body from
General Truck Body Company, Inc., in the total
amount of $10,291.00.
Item #3 - two new midsize pickup trucks from
Berglund Chevrolet, Inc., in the total amount
of $20,174.22.
Item #4 - one crew cab/chassis truck and Item
#8 - one midsize four-wheel drive van from
Magic City Motor Corporation, in the total
amount of $34,792.78.
Item #6 - one new truck cab/chassis and
Item #7 - one sewer fodder mounted on Item #6
from Sewer Equipment of America, in the total
amount of $37,941.00.
H~draulic Excavator - From Baker Brothers, Inc., in
the total amount including performance bond, of
$86,165.00.
T.V. Inspections System - From Virginia Public
Works Equipment Company, in the amount of
$49,500.00.
Trailer Mounted Detour-Lite - From Shelton-Witt
Equipment Company, in ~e amount of $3,696.00.
Underground Piercing Tool - From Scott-Gallager,
Inc., in the amount of $5,188.00.
Appropriate $10,800.00 to allow for the purchase of
the following items:
one photo copier
one light weight trench box
one trench roadway plate
one utility building for oil
storage (includes all three items)
landscaping trees for debris
disposition operation
$ 3,300.00
6,000.00
1,500.00
Total $10,800.00
Appropriate $294,355.11
Retained Earnings to
Accounts, as follows:
from Internal Services
Utility Line Services
$3,300.00 to Account No. 006-056-2625-9005
$225,171.11 to Account No. 006-056-2625-9010
$64,384.00 to Account No. 006-056-2625-9015
$1,500.00 to Account No. 006-056-2625-9050
Reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29948-22690) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 533.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29948-22690.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ............... 6.
NAYS: None .................
Oe
(Council Member Bowers was absent.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29949-22690) AN ORDINANCE accepting bids for certain vehicular
equipment and related items; rejecting other bids; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 534.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29949-22690.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ....... 6.
NAYS: None ....... O.
(Council Member Bowers was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted copy of the
financial report for the City of Roanoke for the month of January,
1990.
(For full text, see financial report on file ill the City Clerk's
Office.)
Mr. Trout moved that the financial report be received and filed.
The motion was seconded by Mr. Fitzpatrick and adopted.
REPORTS OF COMMITTEES:
7
ACTION:
BUDGET-AIRPORT: Mr. W. Robert Herbert, Chairman of the Roanoke
Regional Airport Commission, submitted a written report on behalf of
the Commission advising that in accordance with the requirements of the
Roanoke Regional Airport Commission Act, the Airport Commission's
1990-1991 proposed operating and capit~l budget was submitted to
Council for approval.
It was explained that the Commission was advised by bond counsel
that formal approval of the budget by resolution of each of the par-
ticipating political subdivisions would be appropriate; whereupon, the
Chairman recon~ended approval of the fiscal year 1990-1991 fiscal year
budget.
IFor full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#29950-22690) A RESOLUTION approving the Roanoke Regional
Airport Commission budget for FY 1990-1991, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 51, page 535.)
Mrs. Bowles moved the adoption of Resolution No. 29950-22690. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor-- 6.
NAYS: None--
(Council Member Bowers was absent.)
BUDGET-STREETS AND ALLEYS: Council Member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for construction of Brandon Avenue widening from Main Street
to Windsor Avenue, S. W., presented a written report on behalf of the
committee, recommending that Council award a contract to DLB, Inc., in
the amount of $127,140.15; that a contingency be established, in the
amount of $12,859.85, for a total not to exceed $140,000.00; that the
Director of Finance be authorized to appropriate $140,000.00 from the
Capital Maintenance and Equipment Replacement Program, to Brandon
Avenue Widening, Account No. 008-052-9638-9003; and reject all other
bids received.
The City Manager submitted a written report concurring in the
recommendation.
(For full text, see reports on file in the City Clerk's Office.)
8
ACTION:
ACTION:
Mr. Garland offered the following emergency budget Ordinance:
(#29951-22690) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 537.)
Mr. Garland moved the adoption of Ordinance No. 29951-22690. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ............ 6.
NAYS: None .............
5
(Council Member Bowers was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29952-22690) AN ORDINANCE accepting the bid of DLB, Illc., for
construction of the Brandon Avenue, S. W. Widening from Main Street to
Windsor Avenue, S. W., upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; rejecting all other bids made to
the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 537.)
Hr. Garland moved the adoption of Ordinance No. 29952-22690. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ....... 6.
NAYS: None ..........
(Council Member Bowers was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SALE/PURCHASE OF PROPERTY-INDUSTRIES: Ordinance No. 29938
authorizing execution of an option for the sale of approximately 28.26
acres of land within the Roanoke Centre for Industry and Technology,
identified as Official Tax No. 7210101, to Elizabeth Arden Company, for
the sum of $706,500.00, such option to be for the consideration of
$25,000.00; and further authorizing execution of the requisite deed
conveying such property, having previously been before the Council for
its first reading on Tuesday, February 20, 1990, read and adopted on
its first reading and laid over, was again before the body, Mr. Musser
offering the following for its second reading and final adoption:
ACTION:
(#29938-22690) AN ORDINANCE authorizing the execution of an
option for the sale of approximately 28.26 acres of land within the
Roanoke Centre for Industry and Technology to Elizabeth Arden Company,
and authorizing the execution of the requisite deed conveying such pro-
perty.
The City Attorney submitted a written report advising that he was
transmitting an amended ordinance pertaining to the option for the sale
of approximately 28.26 acres of land in the Roanoke Centre for Industry
and Technology to Elizabeth Arden Company and further advising that a
technical change made to the contract by Elizabeth Arden Company has
compelled the Office of City Attorney to amend the ordinance which was
adopted by Council on its first reading on February 20, 1990, as
follows:
The only amendment to the ordinance is in the
seventh and eighth lines of Paragraph No. I of the
ordinance. Those lines formerly read:" .... and to
contain those terms and conditions set out in the
draft option attached to the report of the City
Manager dated February 20, 1990;". The amended
lines read:" .... and to contain those terms and
conditions set out in the option on file in the
Office of the City Clerk."
It was explained that the amended ordinance is necessary because
the option which was executed and returned to the City on behalf of
Elizabeth Arden Company is slightly different from the draft option
given to Council on February 20, 1990; that since the draft option was
incorporated by reference in the ordinance considered on its first
reading, an amendment to the ordinance is necessary; transmitting copy
of the option which was executed and filed with the City Clerk; and
advising that the only difference between the draft option and the exe-
cuted option, which has been approved as to form, is that the last sen-
tence in the first paragraph of Paragraph No. 9 of the draft option has
been deleted.
It was further explained that the effect of the deletion is that
even though Elizabeth Arden Company has exercised the option, it may
object to defects in the title which the Company may have discovered
after performing a survey of the real estate and require the City to
remove such defects before proceeding to closing; that even after the
deletion, the defects must be material, and any objections based on
such defects are waived upon closing; and it is believed that the
amendment does not materially change the purpose and character of the
ordinance, and therefore, the ordinance may proceed to second reading.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that Ordinance No. 29938-2269D be amended as set
aboveforth by the City Attorney. The motion was seconded by Mr. Trout
and adopted.
g
10
ACTION:
Mr, Musser offered Ordinance No. 29938-22690 as amended, for its
second reading and final adoption:
(#29938-22690) AN ORDINANCE authorizing the execution of an
option for the sale of approximately 28.26 acres of land within the
Roanoke Centre for Industry and Technology to Elizabeth Arden Company,
and authorizing the execution of the requisite deed conveying such
property°
(For full text of Ordinance, see Ordinance Book No. 51, page 532.)
Mr. Musser moved the adoption of Ordinance No. 29938-22690, as
amended. The motion was seconded by Mr. Trout and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ....... 6.
NAYS: None- --0,
(Council Member Bowers was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:20 p.m., the Mayor declared the meeting in recess.
At 2:45 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowers.
COUNCIL: Mr. Trout moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ........... 6.
NAYS: None ......
-0.
(Council Member Bowers was absent.)
11
There being no further business, the Mayor declared the meeting
adjourned at 2:47 p.m.
APPROVED
ATTEST:
City C1 erk
m
12
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
March 5, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 5, lg90, at 2:00 p.m., the regular
meeting hour, with Vice-Mayor Beverly T. Fitzpatrick, Jr., presiding, pursuant
to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the
City of Roanoke (1979), as amended.
PRESENT: Council Members Robert A. Garland, Howard E. Musser, James O.
Trout, David A. Bowers and Vice-Mayor Beverly T. Fitzpatrick, Jr. 5.
ABSENT: Council Member Elizabeth T. Bowles and Mayor Noel C.
Taylor ........ 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Charles T. Green,
Chaplain, Roanoke Memorial Hospitals.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Fitzpatrick.
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form or forms listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately.
PENDING LIST: A list of items pending from July 10, 1978, through
February 26, 1990, was before Council.
ACTION:
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick ....... 5.
NAYS: None ........ --0.
(Council Member Bowles and Mayor Taylor were absent.)
12
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
STREETS AND ALLEYS-TRAFFIC: The City Manager submitted a written
report advising that Peters Creek Road Extension has been in the
Roanoke Valley Area Transportation Plan since 1963, and was most
recently endorsed in the Roanoke Vision, the City's Comprehensive
Development Plan for 1985-2005; that alternative alignments, which
range from 2.5 to 3.0 miles in length, connect two primary high-
ways -- Route 460 (Melrose Avenue, N. W.) and Route 11 (Brandon Avenue,
S. W.); and the new roadway would create a four-lane divided highway
(!6-foot wide raised median).
It was further advised that the Virginia Department of Transporta-
tion has programmed the project in its Six-Year Improvement Program in
accordance with Council's request of June 17, 1985, pursuant to
Resolution No. 27613; that of the $20,215,000.00 that the Transporta-
tion Department has estimated for the project in the Six-Year Program
(for engineering, right-of-way and construction), $8,795,000.00 has
been funded by the Transportation Department through fiscal year
1989-90, with the remaining funds projected to be allocated during the
next several years; that the purpose of the project is to provide for
efficient and rapid movement of traffic between the north and south
ends of the western half of the City of Roanoke, which will provide the
only crossing of the Roanoke River and Norfolk Southern Railway between
Route 419 and Schaffer's Crossing; that improved access would enhance
mobility for emergency vehicles, City services, economic development as
well as redevelopment and the general public; and the project also
creates an opportunity to consolidate Fire Department services provided
by Station No. 4 (Aerial Way Drive) and Station No. 12 (Salem Turnpike)
into one permanent station.
It was explained that a location public hearing was held on
December 14, 1988, at Fairview Elementary School; that the public
hearing, after dL~e and proper notice for the purpose of considering the
proposed location of the project, included aerial photographs,
drawings and other pertinent information available for public inspec-
tion in accordance with State and Federal requirements; that all per-
sons and parties in attendance were afforded full opportunity to
participate; and the evaluation of information received at the public
hearing led the City to seek the Virginia Department of Transporta-
tion's assistance in employing an individual to lead a conflict resolu-
tion process consisting of representatives from the Greater Deyerle
Neighborhood Association, the Transportation Department and the City.
14
It was further explained that the conflict resolution process was
recently concluded, with participants agreeing to a document attached
to the report of the City Manager entitled, Censensus Response to the
Proposed Peters Creek Road Construction; and environmental considera-
tions, such as Strauss Park and Peters Creek, have been reviewed; viz:
(1) north of the Roanoke River, Alternative I passes through the
western half of Strauss Park which consists of steeply sloping terrain.
This is preferrable to Alternative 2 which would entail the acquisition
of one section of Spanish Trace Apartments and the relocation of 98
families living in that section; (2) south of Melrose Avenue, Alterna-
tive 2, passes through the western edge of the parking lot at the Plaza
of Roanoke-Salem for a distance of approximately 1,500 feet. Although
this requires two additional bridges over Peters Creek, this is pre-
ferrable to Alternative 1 which would entail considerable rechanneliza-
tion of Peters Creek. Alternative 2 can also be made compatible with
the Peters Creek Flood Reduction Project.
It was pointed out that a resolution from Council approving the
location (alignment) of the proposed project will enable the
Commonwealth Transportation Board to also act upon the project; that
approval by Council and the Board would enable the Transportation
Department to begin engineering for the project; and a second resolu-
tion from Council is needed to request the Transportation Department to
program improvements to Brandon Avenue between the City limits and
Edgewood Street.
The City Manager recommended that Council concur in the following
actions:
Approve Alternative 1, which was one of several
build alternatives presented at the public
hearing, for the location of the proposed project
{excepting the northernmost end of the project
where Alternative 2 is desired for an approximate
distance of 1,500 feet).
Request by Resolution that the Virginia Department
of Transportation program a project for roadway
widening on Brandon Avenue, S. W., between the West
Corporate Limits and Edgewood Street for prelimi-
nary engineering, right-of-way acquisition and
construction.
Indicate that if the City cancels the project in
the future for any reason, the City would pay one
hundred percent of all costs associated with any
work completed on the cancelled project between
time of programming and the cancellation notice.
(This type of statement is usual and typical of all
highway project progran~ning requests made by muni-
cipalities throughout Virginia.)
15
m
ACTION:
Approval of the Brandon Avenue recommendation by
Council will necessitate the provision of local
share funding, in the form of a Capital Improvement
Program, at the time of project construction.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that action on the matter be deferred until the
next regular meeting of Council on Monday, March 12, 1990, at
7:30 p.m., in order to provide an opportunity for all citizens to be
heard prior to Council's vote. There being no second, the Vice-Mayor
declared the motion lost.
Mr. Musser offered the following Resolution:
(#29953-30590) A RESOLUTION approving the location of a proposed
project involving the extension of Peters Creek Road from Melrose
Avenue, N. W., to Brandon Avenue, S. W., identified as Alternate 1
(excepting the northermost end of the Project where Alternative 2 is
desired for an approximate distance of 1,500 feet).
(For full text of Resolution, see Resolution Book No. 51, page 538.)
The City Manager advised that City staff has worked on the Peters
Creek Road project since December, 1989. He stated that in December
1988, a number of major neighborhood and business concerns were
discussed by citizens at a Peters Creek Road Extension Location Hearing
which was conducted by the Virginia Department of Transportation; and
that City staff moved to address those concerns, item by item, and in
responding, discovered a major issue as to how to get information into
the hands of citizens so that they would be prepared to make respon-
sible choices. He stated that all participants in the Peters Creek
Road project, the Virginia Department of Transportation, City staff,
businesses, neighborhood representatives and public safet~ staff sought
and reached an informed decision on the best alignment to meet the
City's traffic needs, while protecting and enhancing the effected
neighborhoods; that success of the project was a direct result of
efforts of the City's administrative team, and the procedure was well
thought out and accomplished in an honest and professional manner. He
expressed appreciation to Council for allowing City staff the time
which was required for the process to be worked through as it moved
from the administrative branch of government to the legislative branch.
The Director of Public Works appeared before Council and advised
that Peters Creek Road extension is a city proposed project to
construct a four lane divided highway from Melrose Avenue to Brandon
Avenue in the west section of the City of Roanoke; that the proposed
project will be approximately two and one-half miles in length; and a
typical road section indicates that the facility will be constructed
within a minimum 90 foot right of way and provide for two 25 foot road-
ways separated by a 16 foot raised median, with curb and gutter and a
five foot sidewalk on each side. He stated that Peters Creek Road
Extension has been part of a continuing comprehensive and cooperative
16
planning process with the State of Virginia; that the project is the
direct result of a 1985 resolution from the City of Roanoke requesting
that the Department of Transportation program the construction which is
currently in the Virginia Department of Transportation (VDOT) Six Year
Program. He further stated that the project appeared in the Roanoke
Valley Regional Transportation Study as early as 1963, in the 1985
Roanoke Valley Regional Area Thoroughfare Plan, the 1995 Roanoke Valley
Area Transportation Plan and was most recently endorsed in Roanoke
Vision, the City's Comprehensive Development Plan for 1985-2005.
Mr. Clark explained that the proposed project will provide effi-
cient and rapid movement of traffic between the northwest and southwest
areas of the City of Roanoke; that in doing so, it will provide a much
needed crossing of the natural manmade barriers created by the Roanoke
River and the Norfolk Southern Railroad; and enhanced traffic cir-
culation will improve access for City residents to the business, ser-
vice and industrial areas in the vicinity of the airport, Valley View
Mall, Veterans Administration Hospital, Lewis Gale Hospital facilities,
Blue Ridge Industrial Park and the Plaza of Roanoke/Salem, as well as
numerous other facilities in the project area. He stated that improved
access and reduced response time for police, fire protection and other
public services would be provided for City residents of the western and
southern sections of the City and the project would present the oppor-
tunity for consolidation of Fire Stations 4 and 12 currently housed in
rented buildings on either side of the Roanoke River and the railroad
tracks. He pointed out that residents of the northwest and southwest
sections of the City will be much better served in every facet of daily
life with a more directly accessible, higher level and safer transpor-
tation facility.
Mr. Clark explained that the original build alternatives were pre-
sented at a public information meetin9 in July 1987, and in response to
neighborhood concerns, an additional alternative was develope~ bringing
the total to eight build alternatives; that the alternatives were pre-
sented at a public hearing in December, 1988, and through a response to
ongoing concerns by some City residents, the conflict resolution pro-
cess was requested by the City of Roanoke, approved by VDOT and agreed
to by the Greater Deyerle Neighborhood Association. He stated that
preliminary drawings of the build alternatives and possible traffic
mitigation measures were presented for discussion during the conflict
resolution process; that neighborhood concerns focused on the added
potential of motorists seeking short cuts through residential areas of
the Deyerle Road neighborhood once Peters Creek Road Extension is
complete, and it was felt that this would impact the netghborhood's
rural character and lead to a reduction in property values and overall
quality of life. Ne commented that as the build a~ternatives and
neighborhood issues were considered during the conflict resolution pro-
cess, it became clear that it would require a combination of measures
to m~tigate the neighborhood concerns while best meeting the objectives
of the neighborhood and those of VDOT and the City of Roanoke. Ne
stated that alternatives were compared by travel times and distances
and whether or not intersection locations served projected traffic
movement toward the City of Roanoke.
17
Mr. Clark pointed out that Salem City Council's opposition to
alternative number 4 due to its anticipated traffic impact in Salem
eliminated this alternative from further consideration; that costs of
build alternatives ranged from $5 million less than the currently
programmed $20,215,00.00 for the project in VDOT's Six Year Program to
approximately $8 million more than the currently programmed sum; that
since VDOT did not know which alternative would ultimately be recom-
mended for the project, it averaged the cost for the various alter-
natives to determine an estimate for inclusion in the Six Year Plan.
He added that the issue of cost became more critical as the conflict
resolution process approached concensus response; that the widening of
Brandon Avenue from Edgewood Street to the Roanoke City limits was seen
by the neighborhood as a necessary part of this project; that any posi-
tive difference between actual cost to build Peters Creek Road
Extension and the currently programmed budget could be used toward the
funding of the proposed Brandon Avenue widening currently estimated to
cost $7 million; and after a comparison of criteria, it appeared that a
combination of two alternatives would best meet traffic movement pro-
jections, cost of build, environmental considerations and neighborhood
protection issues. He stated that alternative number one's eastern
most intersection with Brandon Avenue at existing Aerial Way Drive best
serves traffic movement toward the City of Roanoke; and cost of alter-
native number one is estimated at $15 million, some $5,215,000.00 less
than the current VDOT programmed budget. He further stated that after
review of environmental considerations concerning Peters Creek and the
Summit Hills Subdivision, it was determined that the northern portion
of alternative number 2 best addresses certain ~roject environmental
issues relating to the creek and potential traffic noise. He added
that although this road requires two additional bridges over Peters
Creek, this is preferable to the northern most option of alternative
number one which would entail considerable rechannalization of Peters
Creek and a sound barrier to reduce the volume of traffic noise around
adjoining residences. He stated that a modified version of alternative
number one will be compatible with Peters Creek flood reduction which
has recently been announced; that construction of the project is not
expected to have adverse impact on natural, ecological or scenic
resources; and noise levels will rise, although no more than five resi-
dents will experience conditions which equal or exceed state abatement
criteria if the project is constructed. He explained that noise abate-
ment measures to eliminate or reduce those predicted impacts, such as
the sound barrier, will be evaluated as a part of the project design.
He stated that time by which construction for modified alternative
number one could start is expected to be no earlier than January 1995,
with completion no earlier than December 1997. He added that following
Council's anticipated action on this date, the project will have to be
approved by the Commonwealth Transportation Board and following that
action which should occur by May of this year, VDOT will proceed with
detailed engineering and design of the highway. Mr. Clark advised that
a design public hearing must be held during 1992 upon completion of the
plans; and right of way acquisition would likely begin in 1993 and uti-
lity agreements must be obtained before the project is advertised for
bids and contracts awarded for construction.
18
The Director of Public Works explained that in support of the
values and concerns of the Greater Deyerle Neighborhood, the City of
Roanoke will implement measures to address neighborhood issues; and
given this commitment from the City, the Greater Deyerle Neighborhood
Association has accepted the proposed combination of alternatives
number one and number two into what is now referred to as modified
alternative number one. He explained that one of these measures,
improvements to Brandon Avenue between the City limits and Edgewood
Street, will be completed before or by the completion of Peters Creek
Road which will need to be acted upon on this date by Council in the
form of a resolution to VDOT requesting that such project be programmed
for funding. He stated that other measures contained in the group con-
sensus response include the following:
installation of a four way stop sign;
key location of no left turns during peak traffic
hours and other potential traffic diverting abate-
ment measures, advising that the City Manager has
authority under provisions of the City Code to
implement such traffic control measures;
provide the Greater Deyerle Neighborhood Associa-
tion with annual traffic volume reports on key
arterials throughout the neighborhood, and if
increases are significant, the City will initiate
further discussion with the neighborhood toward
mutually acceptable measures to preserve the rural
residential character of the area.
Mr. Clark advised that due to implications of traffic problems on
Route 419, the City Manager has agreed to recommend to Council, if
requested by the City of Salem, that VDOT be urged to seek a solution
to the problem intersection at Apperson Drive and Route 419; that the
draft Neighborhood Plan for the Greater Deyerle Neighborhood will be
completed by the City Planning Department and distributed by April 20;
and the City will make every effort possible to enforce present and
proposed traffic control measures for the effected neighborhood.
Mr. Jonathan Rogers, 3734 Lake Drive, S. W., Co-President of the
Greater Deyerle Neighborhood Association, appeared before Council and
addressed the process that led to the City Manager's report and com-
mended said process to Council as one process that worked and produced
a better plan which was accepted by the neighborhood. He stated that
when the process started, residents of the area opposed the road
because they saw where it would terminate and that the road would not
be able to absorb the predicted extra traffic, therefore, alternative
number 4 was suggested. He added that alternative number 4 was later
abandoned because it became clear that without the cooperation of the
City of Salem, it was an idea that could not happen. He pointed out
that the main purpose then evolved around protecting the neighborhood
from what VDOT had predicted, from what the City expected and from what
19
ACTION:
the neighborhood knew would be increased traffic of an alarming dimen-
sion. He stated that the people who live along Mudlick Road, Keagy
Road, Deyerle Road and Grandin Road already have traffic problems
without Peters Creek Road, and for Mudlick Road alone, VDOT predicts an
increase of 5,000 cars per day on an already problem filled road. He
explained that it then became their task to find solutions that would
prevent increased traffic or perhaps even decrease traffic; and it was
known that that solution would not be achieved without some sacrifice
on the part of the people living in the neighborhood because they, too,
would be subject to the laws that would restrict turns into the neigh-
borhood.
Mr. Rogers noted that the neighborhood was canvassed on several
occasions, a meeting was held with over 100 citizens from the area in
attendance and over 200 residents were polled, with the recommendations
receiving either 80 or more percent backing. He stated that more
government people were involved than citizens, but government represen-
tatives came in with the freedom to disagree, and residents were not
made to agree to any concept, but agreed in the end because it was felt
that the alternative presently under consideration was the best of all
of the alternatives.
Mr. Rogers stated that he was aware of the Grandin Road and Keagy
Road concerns, and in all of the brainstorming that took place, because
of the hybrid character of the roads, they did not come to a good solu-
tion, but would like for the abovestated area to be studied by the
City. He called attention to a dangerous situation at Garst Mill Road
and Grandin Road Extension which should be addressed. He stated that
it is recognized that on Mudlick Road, there is an exceptional amount
of morning commuting traffic which comes by way of Route 419, Grandin
Road Extension, Mudlick Road, and Deyerle Road and with Peters Creek
coming at the proposed location, traffic will increase to an unaccep-
table level, therefore, a solution must be found. Mr. Rogers stated
that the Greater Deyerle Neighborhood Association has asked the City to
enforce certain restrictive measures and to study certain traffic solu-
tions in order to protect the neighborhood and urged that Council
accept the City Manager's recommendation and act accordingly.
Mr. W. Alvin Hudson, 1956 Hope Road, S. W., appeared before
Council and advised that his neighbors are not opposed to the Peters
Creek Road project; however, they are concerned because they were not
informed of the proposed left turn lane off of Grandin Road onto
Mudlick Road until the proposal appeared in the newspaper over the
weekend. He stated that no one canvassed his neighborhood with regard
to the proposed options. If the left turn onto Mudlick Road is to be
eliminated during peak traffic hours, he inquired if there are plans
for a traffic light at Garst Mill Road and Grandin Road.
Following discussion of the matter, Mr. Musser moved the adoption
of Resolution No. 29953-30590. The motion was seconded by Mr. Trout
and adopted by the following vote:
20
ACTION:
ACTION:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick ....... 5.
NAYS: None ..... O.
(Council Member Bowles and Mayor Taylor were absent.)
Mr. Trout offered the following Resolution:
(#29954-30590) A RESOLUTION requesting the Virginia Department of
Transportation to program a project for the widening of Brandon Avenue,
S. W., between the West Corporate Limits and Edgewood Street, S. W.,
for preliminary engineering, right-of-way acquisition and construc-
tion.
(For full text of Resolution, see Resolution Book No. 51, page 539.)
Mr. Trout moved the adoption of Resolution No. 29954-30590. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick 5.
NAYS: None ..... O.
(Council Member Bowles and Mayor Taylor were absent.)
TRAFFIC: The City Manager submitted a written report concurring
in a recommendation of a bid committee with regard to the purchase of
traffic paint.
The bid committee recommended that Council accept the lowest
responsible bid for 5,700 gallons of traffic paint as submitted by
Linear Dynamics, Inc., in the total amount of $32,127.00; and reject
all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#29955-30590) AN ORDINANCE accepting the bid of Linear Dynamics,
Inc., made to the City for furnishing and delivering 5,700 gallons of
traffic paint; rejecting all other bids made to the City; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 539.)
Mr. Bowers moved the adoption of Ordinance No. 29955-30590. The
motion was seconded by Mr. Trout and adopted by the following vote:
21
ACTION:
ACTION:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick ..... 5.
NAYS: None ............
.0.
(Council Member Bowles and Mayor Taylor were absent.)
EQUIPMENT-PUBLIC WORKS: The City Manager submitted a written
report concurring in a recommendation of a bid committee with regard to
the purchase of mini vans to be used by the Motor Vehicle Maintenance
Department.
The bid committee recommended that Council accept the bid of
Pomoco Ford, Inc., for one new seven passenger mini van, in the total
amount of $12,898.00; appropriate $12,898.00 from Internal Services
Retained Earnings to Management Services, Account No. 006-002-1617-
9010, to provide funds for said purchase; and reject all other bids
received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29956) AN ORDINANCE to amend and reordain certain sections of
the 1989-90 Internal Service Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 545.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout and Vice-Mayor
Fitzpatrick-- 4.
NAYS: None ...........................................
(Council Member Bowles and Mayor Taylor were absent.)
Bowers abstained from voting.)
(Council Member
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29957) AN ORDINANCE providing for the purchase of one new seven
passenger mini van, upon certain terms and conditions, by accepting a
bid made to the City for furnishing and delivering such vehicle; and
rejecting other bids made to the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 546.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout and Vice-Mayor
Fitzpatrick ..... 4.
NAYS: None ..............
(Council Member Bowles and Mayor Taylor were absent.) (Council Member
Bowers abstained from voting.)
CITY ATTORNEY:
EMERGENCY SERVICES (E-911): The City Attorney submitted a written
report advising that at the Council meeting on February 5, 1990,
Council Member Garland advised that Mr. E. C. Baldwin had complained
that he should not be billed by the C & P Telephone Company for the
special tax on consumers of local telephone service because he has
four-party line service; and Council referred the matter to the City
Attorney with the request that an official opinion as to the applicabi-
lity of such tax to Mr. Baldwin be rendered.
It was further advised that Council has adopted a special tax on
consumers of telephone service, in the amount of $.46 per month; that
proceeds of the tax have been used to pay the initial capital,
installation and maintenance costs of the E-911 telephone system; that
the system has been installed and is fully operational and available to
all telephone customers in the City; that Mr. Baldwin is a consumer of
local telephone service who has four-party line service, rather than
individual line service; that individual line service is available to
Mr. Baldwin and all telephone consumers in the City; that although
party line telephone consumers have the advantage of 911 dialing, when
a party line consumer dials 911, there is no name information or loca-
tion information associated with the call at the dispatching center;
and accordingly, Mr. Baldwin contends that the special tax on consumers
of local telephone service should not be applicable to him since he
does not have full benefit of the enhanced 911 system and he should be
refunded for previous payments of this tax.
It was explained that according to C & P Telephone Company, all
party line service will be phased out on a statewide basis in the
upcoming months; that all party line subscribers will be transferred to
individual line service which will make full 911 emergency services
(enhanced 911) applicable to the customers; that notice of the
Company's intent to phase out party line service was given to all
customers by communication under date of June 29, 1989; and more
recently, officials of the Company have advised City staff that all
party line services in the City will be phased out by the end of the
first quarter of 1990.
The City Attorney explained that the special tax on consumers of
local telephone service was adopted by Council on March 23, 1987; that
the operative language of the tax ordinance is set out in §32-276 of
the Code of the City of Roanoke (1979), as amended, which provides, in
pertinent part, as follows:
m
ACTION:
"There is hereby imposed and levied by the City
upon every purchaser of local telephone service a
tax in the amount of forty-six cents ($.46)'per
month per telephone line. This tax shall be paid
by the purchaser to the seller of local telephone
service for the use of the City to pay the initial
capital installation and maintenance costs of the
E-911 system." (Emphasis added.)
It was pointed out that Section 32-275 defines "purchaser" as
"...every person who purchases local telephone service;" that the term
"local telephone service" is defined as"...switched local exchange
access service", and Mr. Baldwin is, therefore, a "purchaser of local
telephone service"; that "Seller" is defined as "...every person...who
sells or furnishes local telephone service", and C & P Telephone
Company is, of course, a "seller"; that the language of the City Code
is clear and unambiguous in its applicability to Mr. Baldwin; that the
tax, in the amount of $.46 per month, which has been levied against Mr.
Baldwin as a "purchaser of local telephone service", has been used by
the City to pay for the initial capital installation and maintenance
costs of the E-911 system; that the E-911 system is fully operational,
and all features of the system are available to purchases of individual
line telephone service; and individual line telephone service is
available to Mr. Baldwin.
The City Attorney advised that Mr. Baldwin, as a voluntary party
line telephone consumer, seeks an exemption from the clear and unam-
biguous terms of §32-276 which requires the Telephone Company to
collect $.46 per month from him as a "purchaser of local telephone
service"; that the special tax on consumers of local telephone service
(§§32-275 through 32-282 of the Code of the City of Roanoke (1979), as
amended) clearly provides no exemption, express or implied, for party
line customers; therefore, the City Attorney stated that he was of the
opinion that the tax is properly being levied against and collected
from Mr. Baldwin, and he is not entitled to any refund, and added that
the determination of whether a citizen partakes of or utilizes a par-
ticular governmental service has never been a legal criterion in con-
sidering applicability of taxes supporting such services.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the report of the City
Attorney. The motion was seconded by Mr. Bowers and adopted.
PROCUREMENT CODE-PUBLIC WORKS: The City Attorney submitted a
written report advising that certain changes in the City's procurement
code are being proposed for Council's consideration; that in 1982, the
City adopted a procurement code which applies to the procurement of
goods and services by the City; and the code was similar in many
respects to the state procurement code, and many of the City's local
requirements are mandated by the State.
24
ACTION:
Mr. Dibling further advised of two changes he was recommending
which are required by state legislative; that one requirement applies
to contracts of $200,000.00 or more for certain enumerated categories
of construction contracts, including contracts for clearing, grading,
excavating, miscellaneous drainage structures and certain other facili-
ties, but not including buildings; that by virture of this amendment to
the State Code, a contractor on one of the enumerated categories of
projects may elect to have the contract retainage held in escrow
account rather than retained by the public body; and the contractor
must execute an escrow agreement form with the City and the escrow
agent which may be a trust company, bank or savings institution.
It was explained that the State Code has also been amended to
require municipalities to permit contractors, under certain circumstan-
ces, to use alternative forms of security in lieu of the required
payment or performance bonds with corporate surety; that the alter-
natives include personal bond, property bond, or bank or savings and
loans association letter of credit; and an alternative form of security
may only be utilized if the City Attorney has determined that the
security adequately protects the public body. (Formerly these alter-
native forms of security could only be used in place of bid bonds).
The City Attorney further recommended that the City Code be
amended to incorporate certain time limitations for unsuccessful bid-
ders and others who wish to protest a procurement decision to institute
an action against the City; that throughout the State, there have been
several instances in which public bodies have been sued because of cer-
tain procurement decisions; and the proposed time limitations are con-
sistent with State limitations and should benefit the City by requiring
that protests be filed and resolved in a timely fashion. The City
Attorney also recommended that the City Manager be designated by
Council to receive such protests and to respond on behalf of the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29958-30590) AN ORDINANCE amending and reordaining subsection
(b) of §23.1-18, Alternative forms of security, and §23.1-22, ~
actions, and adding a new §~3.1-1g.1, Deposit of certain retained runes
~-~ ~-~-tain contracts, of the Code o¢"the City of Roanoke (1979), as
amended, to authorize certain forms of security to be used in public
contracts, to establish certain terms and conditions for legal
challenges to procurement decisions and to permit retainage on certain
city contracts to be held in escrow; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 540.)
Mr. Garland moved the adoption of Ordinance No. 29958-30590. The
motion was seconded by Mr. Trout and adopted by the following vote:
25
m
m
AYES:
Mayor Fitzpatrick
NAYS: None .........
ICouncil Member Bowles and Mayor Taylor were absent.)
REPORTS OF COMMITTEES:
Council Members Garland, Musser, Trout, Bowers and Vice-
'5,
BUDGET-PARKS AND PLAYGROUNDS: Council Member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for improvements to play areas at Jackson, Norwich and Wasena
Parks, presented a written report on behalf of the committee, recom-
mending that Council authorize the following:
Award a lump sum contract to Breakell, Inc., in the
total amount of $109,064.00, with a construction
time of 120 consecutive calendar days, to perform
all the work included in the following Base Bid and
Alternate Nos. 1, 2, 3, 4 and 5, for a total amount
of $109,064.00, with a construction time of 120
consecutive calendar days.
Authorize the Director of Finance to establish a
project contingency, in the amount of $10,936.00,
for a total project construction cost of
$120,000.00.
Authorize the Director of Finance to appropriate
and transfer $120,000.00 from the following sources
into a new capital account to be established by the
Director of Finance for said project:
Capital Projects Fund - Park Improvement -
Wasena, Washington, Eureka
State Grant Funds
Account No. 008-050-9546-9007 $ 60,000.00
Capital Projects Fund - Public Improvement -
Bonds - Series 1988
Parks
Account No. 008-052-9603-9180 60,000.00
TOTAL
Reject all other bids received.
$120,000.00
The City Manager submitted a written report concurring in the
recommendation of the bid committee.
(For full text, see reports on file in the City Clerk's Office.)
26
ACTION:
ACTION:
Mr. Garland offered the following emergency budget Ordinance:
(#29959-30590)
tions of the 1989-90
emergency.
AN ORDINANCE to amend and reordain certain sec-
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 543.)
Mr. Garland moved the adoption of Ordinance No. 29959-30590. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick 5.
NAYS: None ................... O.
(Council Member Bowles and Mayor Taylor were absent.)
Mr. Garland offered the following emergency Ordinance:
(#29960-30590) AN ORDINANCE accepting the bid of Breakell, Inc.,
for improvements to play areas at Jackson, Norwich and Wasena Parks,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 544.)
Mr. Garland moved the adoption of Ordinance No. 29960-30590. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick. .--5.
NAYS: None ........... O.
(Council Member Bowles and Mayor Taylor were absent.)
SALE/PURCHASE OF PROPERTY-SEWERS AND STORM DRAINS: Council Member
Howard E. Musser, Vice-Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the committee, in connection with
land acquisition on Carlisle Avenue and Bennington Street, S. E., in
the vicinity of the Water Pollution Control Plant, in connection with
the need for land for possible future expansion of the Sewage Treatment
Plant.
A staff report advised that property located on the northeast
corner of the intersection of Carlisle Avenue and Bennington Street,
S. E., adjoins the Sewage Treatment Plant property and acquisition
would provide the ability to clean and maintain the entire embankment
along the southerly approach to the bridge; that the property, owned by
27
ACTION:
David S. Ayers, Jr., contains no structures and is located in the
floodplain of the river, and was advertised for sale at $8,950.00; that
the City Administration has negotiated a price of $6,000.00 for the
lot; and the Office of Real Estate Valuation has indicated that the
negotiated price is reasonable.
The Water Resources Committee recommended that Council authorize
acquisition of portions of property described as Lots 1, 2, and 3,
Block 1, Eastover Place, Official Tax No. 4340212, from Mr. David S.
Ayers, Jr., in the amount of $6,000.00, with the seller to provide the
necessary legal documentation to accomplish the sale in a form subject
to approval by the City Attorney, contingent upon final determination
of appropriateness by the City Manager.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#29961-30590) AN ORDINANCE providing for the City's acquisition
of portions of Lots 1, 2 and 3, Block !, Eastover Place, bearing
Official Tax No. 4340212, in the City of Roanoke; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 544.)
Mr. Musser moved the adoption of Ordinance No. 29961-30590. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick -5.
NAYS: None ......... .0.
(Council Member Bowles and Mayor Taylor were absent.)
EASEMENTS-SPECIAL PERMITS-UTILITIES: Council Member Howard E.
Musser, Vice-Chairman of the Water Resources Committee, presented a
written report on behalf of the committee, with regard to the reloca-
tion of a utility easement at Crossroads Consumer Mall for a McDonald's
Restaurant.
A staff report advised that public utility easements serving
Crossroads Consumer Mall are dedicated for public use and cross through
the property in several locations; that relocation of the dedicated
easement requires action by Council; that lease of a portion of pro-
perty at Crossroads Consumer Mall to McDonald's Corporation is propo-
sed; that a public utility easement bisects the parcel of land to be
leased to McDonald's requiring Council's approval of relocation to an
alignment by-passing the restaurant structure; and the Manager of the
Water Department has reviewed and given preliminary approval to the
proposal.
28
ACTION:
The Water Resources Committee recommended that Council authorize
the relocation of a public utility easement on property at Crossroads
Consumer Mall, at no cost to the City, with documentation to be subject
to approval by the City Attorney and providing that the City Engineer
and the Water Department Manager shall approve plans and specifications
for the new line prior to construction.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29962) AN ORDINANCE authorizing the relocation of a portion of
a certain public utility easement serving Crossroads Consumer Mall,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 545.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick 5.
NAYS: None ........ O.
(Council Member Bowles and Mayor Taylor were absent.)
SEWERS AND STORM DRAINS: Council Member Howard E. Musser, Vice-
Chairman of the Water Resources Committee, presented a written report
on behalf of the con~nittee, transmitting a staff report advising that
the 1972 Sewage Treatment Contract assigned the following allocated
capacities:
Roanoke County - 9.50 million gallons per day (MGD).
City of Salem - 6.65 million gallons per day (MGD).
Botetourt County - 1.90 million gallons per day (MGD).
Town of Vinton - 1.12 million gallons per day (MGD).
The staff report further advised that a meeting every third year,
beginning in February, 1975, is required for representatives of the
jurisdictions that are parties to the 1972 contracts to determine if
there is justification and a~reement to reallocate capacities as origi-
nally assigned by the 1972 contracts; and one adjustment was made
during the life of the 1972 contract which reduced the allocated capa-
city of Roanoke County by 0.5 MGD, (from 9.5 to g.o0 MGD), and
increased the allocated capacity of the Town of Vinton by 0.5 MGD,
(from 1.12 to 1.62 MGD).
29
m
ACTIOn:
It was explained that representatives of the jurisdictions who are
parties to the 1972 contract met on February 12, 1990, to determine if
there was justification and agreement to reallocate capacity; that none
of the jurisdictions desired to reduce their current allocated capa-
city; and representatives of the jurisdictions agreed not to recommend
any changes in the allocated capacities.
The Water Resources Committee recommended that Council receive and
file the report.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser moved that the report be received and filed.
motion was seconded by Mr. Bowers and adopted.
The
SEWERS AND STORM DRAINS: Council Member Howard E. Musser, Vice-
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee, transmitting copy of a staff report
advising that a permit for discharge into State waters, Virginia
Pollution Discharge Elimination System Permit (VPDES Permit)
establishes the parameters and sets the level of treatment for the
Roanoke Regional Sewage Treatment Plant.
The staff report advised that a 95% letter, a letter requiring the
City to submit a plan of action to ensure compliance with permit con-
ditions, was received on February 5, 1990; that the Sewage Treatment
Plant experienced several permit infractions for specific months during
1989; that rainfall plays a very important part in the volume of sewage
flow at the Sewage Treatment Plant; that basement drains, sump pumps
and foundation drains generally connect to building sewer laterals;
that infiltration and inflow from higher water table and surface water
can add to the flow of the sewer lines; and infiltration can be through
the vent holes in the tops of sewer manholes as well as breaks in the
sewer system.
It was explained that a record rainfall occurred in 1989; that
1989 has been called the fourth wettest year on record since 1893 and
certainly the wettest since the VPDES Permit System came into use; that
conversely, 1988 was classified as the fourth driest year since record
keeping began; that a comparison sheet compares the monthly discharge
parameters for 1988 and 1989 with the VPDES Permit parameters; that
annual average discharge for 1989 met all discharge parameters; that
Sewage Treatment Plant performance is judged on monthly average
discharge parameters; that a 20-year Wastewater Facility Plan was deve-
loped by Malcolm Pirnie, Inc., in 19B7 under contract with the City,
and was approved by Council on June 1, 1987; that following approval,
City representatives met with representatives of other jurisdictions to
evaluate whether the parties to the 1972 Sewage Treatment Contracts
were prepared to fund the improvements outlined in the 20 year facili-
ties plan, which improvements were estimated to cost $32,000,000.00;
and all local jurisdictions have undertaken or have planned improve-
ments since 1989 dealing with the abatement of infiltration and inflow
(I/I).
30
ACTION:
ACTZON:
The staff report noted that the intended course of action will be
to respond to the Virginia Water Control Board outlining the I/I abate-
ment projects and efforts that have occurred in 1989 or are being ini-
tiated in 1989 by all local jurisdictions and pointed out unusual
circumstances of rainfall amount while stressing that the annual
average did meet permit parameters; and continue to discuss with other
jurisdictions the need for all jurisdictions to commit substantial
capital expenditures for treatment plant and interceptor capacity
expansions.
The Water Resources Committee recommended that Council receive and
file the report.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser moved that the report be received and filed.
motion was seconded by Mr. Garland and adopted.
The
CITY PROPERTY-CAPITAL IMPROVEMENTS PROGRAM: Council Member
Howard E. Musser, Vice-Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the committee, in connection with
lease renewal for the Roanoke Regional Preservation Office in the Buena
Vista Recreation Center.
A staff report advised that the initial one year lease executed on
March 1, 1989, between the City of Roanoke and the Virginia Division of
Historic Landmarks, Department of Conservation and Historic Resources,
for use of the Buena Vista Recreation Center will expire on
February 28, 1990; and renewal of the lease for a second one year term
has been requested by the Virginia Department of Historic Resources.
The Water Resources Committee recommended that Council authorize
extension of said lease for one year.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29963) AN ORDINANCE authorizing the renewal of a lease
agreement between the City and the Commonwealth of Virginia, Department
of Conservation and Historic Resources, of certain space in the Buena
Vista Recreation Center, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 547.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick~ -5.
NAYS: None .......
.0.
(Council Member Bowles and Mayor Taylor were absent.) ~'
31
ATTEST:
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE VICE-~YOR AND MEMBERS OF
COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Vice-Mayor declared the
meeting adjourned at 3:45 p.m.
APPROVED
City Clerk
Vice-Mayor
22
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 12, 1990
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 12, 1990, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
~, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
tl~j, as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Robert A.
Garland, Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowles
and Mayor Noel C. Taylor .............. 7.
ABSENT: None ................ O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend E. T. Burton,
Pastor, Sweet Union Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-CITIZEN OF THE YEAR: On behalf of the
Members of City Council, Administrative officials and more than 100,000
citizens of the City of Roanoke, the Mayor advised that he was pleased
to recognize Mr. George F. Pollash, Director of the Presbyterian
Community Center, as Roanoke City's 1989 Citizen of the Year. In
recognition thereof, he presented Mr. Pollash with a "Key to the City"
and presented a "Crystal Star" to Mrs. Pollash.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, March 12, 1990, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of the City Planning
Commission that certain parcels of land located in the northwest area
of the City on Eleventh Street, Fairfax, Orange and Madison Avenues,
and Moorman Road, N. W., be rezoned from CN, Neighborhood Commercial
District, to C-2, General Conm~rcial District, the matter was before
the body.
m
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 26, 1990, and Friday, February 2, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that
Council approve the request, advising that the proposed rezoning will
encourage revitalization of the 11th Street commercial district by per-
mitting the majority of existing non-conforming con~nercial establish-
ments to expand and encouraging a wider variety of commercial
establishments to locate in the area; and noting the need to continue
to study the area in order to determine if additional amendments are
in order, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29964) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 211, 212 and 222, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the
City.
(For full text of Ordinance, see Ordinance Book No. 51, page 551.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29964 was adopted on its first reading by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .................... 7.
NAYS: None .............................
-0.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if Oiscussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to one request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council.
34
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (Al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (Al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........ -7.
NAYS: None ..........
-0.
BUDGET-SCHOOLS: A communication from Council Member David A.
Bowers with regard to a request of the Roanoke City School Board for
appropriaticn of an additional $2.1 million to the school budget, was
before Council.
Mr. Bowers advised that since the Superintendent of Schools and
the School Board had requested a $2.1 million increase over the
expected budget, notwithstannding a $3.0 million increase already
allotted, the proposal for $2.1 million additional taxpayers' money "by
request" should be submitted to the budget study session of the
upcoming Council in late April; and the request for an additional $2.1
million is, in his estimation, at least an additional 21 cents on the
property tax rate, thus increasing the rate from $1.25 to at least
$1.46 per hundred dollars of assessed value.
Mr. Bowers further advised that the School Superintendent and the
School Board must adhere to budgetary restraints; that the citizens
need a City government that is willing to live within its means, and
Council needs to come to the realization that the taxpayers' pockets
are not limitless; that "tax and spend" policies must sometime yield to
prudence; and if the schools request additional tax money, they should
know of the cost of raising it.
Mr. Bowers requested that his letter be referred to 1990-91 budget
study for consideration by Council.
(For full text, see communication on file in the City Clerk's Office.)
In clarification, Mr. Bowers referred to a communication under
date of March 9, 1990, advising of a miscalculation of his arithmetic.
He stated that $2.1 million increase should equate to approximately
$.11 on the real estate property tax rate given the understanding that
a $.01 increase in the rate would equal about $200,000.00. He further
stated that the impact of a $.11 increase up to $1.36 per $100.00 of
assessed value would still be an overly extravagant request.
ACTION:
ACTION:
Mr. Trout moved that the communications be referred to 1990-91
budget study. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor--- 7.
NAYS: None ....
BINGO OPERATIONS: A communication from Council Member David A.
Bowers with regard to alleged abuses in certain bingo operations being
conducted in the City of Roanoke, was before Council.
Mr. Bowers advised that the Commonwealth of Virginia authorized
bingo by certain eleemosynary organizations such as the American
Legion, church groups, the SPCA, etc; that public officials of the City
have an obligation to assure that persons playing and enjoying bingo
will know that their funds are being transmitted to a charitable cause;
and the issues raised in the article printed in a local newspaper
warrant a probe by the Municipal Auditor regarding the City's
compliance with State law, and proper procedures for licensing and
collecting funds.
Accordingly, as Chairman of the Audit Committee, Mr. Bowers asked
that the matter be referred to the Municipal Auditor for review,
investigation and recommendation as soon as possible.
In clarification, Mr. Bowers advised that he is a volunteer worker
for the Knights of Columbus Bingo at St. Elias Hall, and a registered
member of St. Andrews Church, whose name has been associated
(apparently illegally and in an unauthorized way), with at least one
bingo operation. He requested that the City Attorney advise him, in
writing, whether his involvement with the Knights of Columbus or St.
Andrews renders a potential conflict of interest for him to participate
in any further action on the matter, and if so, he would be willing to
appoint a special subcommittee of the Audit Committee to handle any
further investigation and decisionmaking, and he would take no further
action.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the Municipal
Auditor and the City Attorney for review, investigation and recommen-
dation to Council as soon as possible. The motion was seconded by Mr.
Garland, Musser, Trout,
7.
Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick,
Bowers, Bowles and Mayor Taylor--
NAYS: None---
m
36
ACTION:
A report of the City Attorney with regard to the State and Local
Government Conflict of Interest Act, advising that the Commonwealth's
Attorney is responsible for the enforcement of provisions of the State
and Local Government Conflict of Interests Act, as well as the prose-
cution of any violations relating to City officers or employees; and
the Commonwealth's Attorney is also charged with the responsibility of
rendering advisory opinions as to whether the facts of a particular
case would constitute a violation of the Act, was also before Council.
It was explained that given the broad definition of "transaction"
set out in §2.1-639.2, of the Code of Virginia, that review by the
Audit Committee of compliance of various organizations with the City's
bingo ordinances and the supervision of an audit to be conducted by the
Municipal Auditor would constitute a "transaction" as such term is
defined by the Act; that Mr. Bowers does not, however, have ownership
in any organization, annual income or salary from any organization or
personal liability on behalf of any organization which would be the
subject of the Audit Committee's action nor does he have ownership of
any real or personal property which would be the subject of the Audit
Committee's action; that Council Member Bowers does not represent any
individual or business which is the subject of Audit Committee review
nor will he realize a reasonable foreseeable direct or indirect benefit
or detriment as a result of the Audit Committee's actions; that Mr.
Bowers does not have a "personal interest in a transaction" with
respect to the actions recommended to the Audit Committee; and if the
focus of any review, investigation or audit conducted by or on behalf
of the Audit Committee should become any organization of which Mr.
Bowers is a member, he may want to withdraw and refrain from par-
ticipation in such transaction regardless of whether permitted under
the State and Local Government Conflict of Interest Act.'
(For full text, see report on file in the City Clerk's Office.)
ANNUAL REPORTS-ARCHITECTURAL REVIEW BOARD: A communication from
Mr. W. L. Whitwell, Chairman, Architectural Review Board, transmitting
an Annual Report for the year 1989, was before Council.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. Trout moved that the Annual Report be received and filed, with
appreciation. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ....... 7.
NAYS: None .......
O®
ANNUAL REPORTS-OFFICE ON YOUTH: A communication from Mr. Ulas N.
Broady, Chairman, Youth Services Citizen Board, transmitting an Annual
Report for 1988-89 and an Annual Plan for program year 1989-90, was
before Council.
(For full text, see Annual Report and Annual Plan on file in the City
Clerk's Office.)
37
ACTION:
Mr. Trout moved that the Annual Report and Plan be received and
filed, with appreciation. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor-- 7.
NAYS: None-
m
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
Grant No. 6228 - $33,411.00 for the Eisenhower
Math/Science Title II Program to
provide for the development of
math and science curriculum
related to the middle school. The
Program will be reimbursed one
hundred percent by federal funds.
Grant No. 6959 - $8,011.00 for the 1988 Western
Virginia Regional Science Fair.
School districts will contribute
$6,411.00 toward the cost of the
fair, with a local match of
$1,600.00.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the Eisenhower
Math/Science Title II Program is one hundred percent federally funded;
that the Program is funded with contributions from school districts and
a local match of $1,600.00; that funding for the local match is
available in the Instructional Category of General Fund Education
Accounts, Account No. 001-060-6001-6311-0588 (Matching Funds); and
recommending that Council concur in the request of the School Board,
was also before the body.
(For full text, see report on file in the City Clerk's Office.)
m)
28
ACTION:
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29965-31290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 547.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29965-31290.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...................................... 7.
NAYS: None ............
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM:
The City Manager submitted a written report advising that funds are
allocated annually for localities in Virginia to administer Adult
Literacy Programs through a bid process with the State, making funds
available to public schools and agencies; that Total Action Against
Poverty submitted an application to provide Adult Literacy training to
all eight jurisdictions within the Fifth Planning District; and the
Department of Education approved funding for Total Action Against
Poverty to serve Roanoke and Alleghany counties, as well as the cities
of Salem, Covington, and C)ifton Forge; and three school divisions of
Roanoke City, Craig and Botetourt Counties, elected to serve their
own designated service areas.
It was further advised that the Consortium has been awarded addi-
tional funds for the Economic Dislocation and Workers Adjustment
Assistance Act under Title III, in the' amount of $15,000.00, for the
period July 1, 1989, through June 30, 199D, to produce a customized
video tape to market the program to employers; and Job Training Part-
nership Act legislation allows the Governor's Employment and Training
Department, the primary funding source for the Consortium, to reward
Service Delivery Areas who meet or exceed their performance standards
under Title II-A for any given program year.
It was explained that funding for the Adult Literacy Project is
contingent upon the Consortium agreeing to receive, administer, and
contract funds to Total Action Against Poverty; that the Consortium has
received notification of the grant award from the State Department of
Education, in the amount of $54,753.00, to administer an Adult Literacy
29
Project within certain jurisdictions of the Fifth Planning District;
that the Governor's Employment and Training Department has sent to the
Consortium a Notice of Award, Number E90-03-04, in the amount of
$15,000.00, for the Economic Dislocation and Workers Adjustment
Assistance Act; and the Governor's Employment and Training Department
has awarded the Consortium an incentive grant Notice of Award No.
90-03-02, in the amount of $60,944.00~ for meeting and exceeding Fiscal
Year 1989 performance standards for Title II-A, as follows:
933 participants were served throughout the Fifth
Planning District.
631 or 68 percent of those served were Roanoke City
residents.
802 of the 933 participants were terminated from
the program, and 131 were carried into the new
program year.
498 participants or 62 percent of those terminated
were placed into jobs.
379 or 76 percent of those placed were Roanoke City
residents.
117 or 97 percent of all welfare recipients placed
were Roanoke City residents.
The average wage at placement was $4.76 per hour.
It was further explained that an adjustment of previously received
revenue under Title II-A between administrative and program revenues is
also required, in the amount of $12,013.00; that overall, revenue in
the program will remain the same; that the City of Roanoke is the grant
recipient for Consortium funding; and Council must appropriate the
funding for all grants that the Consortium receives.
The City Manager reconmmnded that Council appropriate $130,697.00
of new Consortium funding and increase the revenue estimate by
$130,697.00 in accounts to be established by the Director of Finance;
increase the revenue estimate for Incentive Program revenue by
$12,013.00 and decrease Incentive Administrative revenue by $12,013.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29966-31290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Consortium Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 548.)
4O
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29966-31290.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........ 7.
NAYS: None .......
O®
POLICE DEPARTMENT-GRANTS-EQUIPMENT: The City Manager submitted a
written report advising that on September 25, 1989, Council authorized
the filing of a grant application with the Department of Criminal
Justice Services which would provide for law enforcement communications
equipment thereby allowing the City to participate in a statewide
interdepartmental radio network; and on November 15, 1989, Grant
award/acceptance was received from the Department of Criminal Justice
Services.
It was further advised that on December 27, 1989, as required, an
appropriate Request for Funds was completed and sent to the State
requesting $75,547.00; and on January 17, 1990, a communication was
received notifying the City that the grant was subject to a two per
cent statewide reduction, reducing the original amount to $74,036.00.
The City Manager recommended that Council authorize acceptance,
on behalf of the City, of a Department of Criminal Justice Services
grant for Law Enforcement Communications Equipment, in the amount of
$74,036.00; appropriate the State grant amount of $74,036.00, with a
corresponding revenue estimate, and transfer $6,438.00 local cash match
from the General Fund Contingency Equipment Replacement, Account No.
001-002-9410-2202, to Police Department, Account No. 001-050-3113-9005,
to provide funds for acquisition of the communications equipment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29967-31290) AN ORDINANCE to amend and reordain certain sec-
tions of the 198g-go General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 549.)
Mr. Garland moved the adoption of Ordinance No. 29967-31290. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ....... 7.
NAYS: None .......
-0.
41
m}
ACTION:
Mr. Garland offered the following Resolution:
(#29968-31290) A RESOLUTION authorizing the acceptance of a
Communication Systems Grant from the State Department of Criminal
Justice Services and authorizing the acceptance, execution and filing
of the appropriate grant documents.
(For full text of Resolution, see Resolution Book No. 51, page 550.)
Mr. Garland moved the adoption of Resolution No. 29968-31290. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........... 7.
NAYS: None ............
Oe
BUDGET-EQUIPMENT-SIGNALS AND ALARMS: The City Manager submitted a
written report concurring in a report of a bid committee recommending
that Council accept the lowest responsible bids to purchase one new
truck cab/chassis and transfer an existing body to said cab/chassis, as
follows:
One new truck cab/chassis from Magic City Motor
Corporation, in the total amount of $19,164.64,
including freight.
Transfer existing utility body,
winch to cab/chassis, in the
$9,350.00.
earth borer and
total amount of
Transfer $30,514.64 from General Fund Contingency
Equipment Replacement Account to Signals and
Alarms, Account No. 001-052-4160-9010, to provide
funds for the purchase of said new cab/chassis,
transfer of existing body and equipment and allow
for contingent cost associated with said body
transfer.
Reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29969-31290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 550.)
42
ACTION:
ACTION:
Mr. Musser moved the adoption of Ordinance No. 29969-31290. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowles and Mayor Taylor ............ 6.
NAYS: None .......... O.
(Council Member Bowers abstained from voting.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29970-31290) AN ORDINANCE accepting bids for certain vehicular
equipment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 551.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29970-31290.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowles and Mayor Taylor ........ 6.
NAYS: None ....... O.
(Council Member Bowers abstained from voting.)
CITY PROPERTY-INDUSTRIES: The City Manager submitted a written
report advising that the 140.427 acre Douthat Farm was purchased by the
City on October 10, 1989; that a previous request for rent of 115.0
acres of the Douthat Farm under certain terms and conditions is to be
considered by Council on March 12, 1990; and the Chairman of the Water
Resources Committee has agreed that the request could be submitted
directly to Council as a companion report to the request to lease
grazing land.
It was further advised that the request to lease a house which is
located on the property until September 1, lggO, has been received from
Mr. Wade Douthat; and subsequent negotiations have resulted in the
following suggested provisions for both the house and cabin, with right
to sublease, located on the property recently purchased:
Lease to commence on April 1, 1990.
Lease fee to be $1,000.00 per month.
Lease to be on a month-to-month basis terminal at
the right of the City with 30 days written notice.
Mr. Douthat will pay for all utilities and main-
tenance of the dwellings.
42
ACTION:
Mr. Douthat will provide appropriate types and
levels of insurance, indemnify the City, its agents
and employees and allow reasonable access to the
house and the cabin.
Mr. Douthat may sublease the cabin, subject to the
above conditions with the form of sublease being
subject to approval by the City Attorney.
The City Manager recommended that Council authorize rental of the
house and cabin, pursuant to the above conditions, to Mr. Wade Douthat
by lease in a form subject to approval by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29971) AN ORDINANCE authorizing the lease of certain City-owned
property consisting of an existing house and cabin located in the
Roanoke Centre for Industry and Technology to Wade Douthat, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 552.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None ......... O.
REPORTS OF COMMITTEES:
INDUSTRIES-CITY PROPERTY: Council Member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee with regard to leasing 115.0 acres of the
Douthat Farm, to Mr. Wade Douthat, for agricultural purposes, which
property was recently acquired by the City.
A staff report advised that the 140.427 acre Douthat Farm was
purchased by the City on October 2, 1989, and is currently undergoing
engineering analysis and planning, a process which may take several
months to complete; and a request to lease 115.0 acres of the parcel
for agricultural purposes has been received from Mr. Douthat with the
following provisions:
The lease will commence on April 1, 1990.
The lease amount will be $20.00 per acre per year,
prorated so that monthly payments are made at the
beginning of each month commencing on April 1.
44
ACTION:
The lease will be on a month-to-month basis ter-
minal at the right of either party after 30 days
written notice to the other party.
At his sole expense, Mr. Douthat will maintain
fencing.
The 115 acres will be used exclusively for agri-
cultural purposes (grazing cattle and perhaps as a
hay field).
The City shall be granted unlimited access during
the term of occupany.
Mr. Douthat will keep the vegetation on the pro-
perty to below 12 inches.
It was further advised that the fee offer, in the amount of $20.00
per acre per year, compares favorably to the 1987 ordinance estab-
lishing $12.OO per acre per year for rental of land for hay mowing at
the airport, and has also been verified by conversation with officials
of Virginia Tech Extension Service that conducted a survey which shows
the predominant fee to be in the $15.O0 to $20.00 range per acre per
year for cattle grazing and hay mowing.
The Water Resources Committee recommended that Council authorize
the lease of 115.0 acres of the Douthat Farm to Mr. Wade Douthat, under
certain terms and conditions, with the petitioner to prepare the legal
documentation in a form subject to approval by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29972) AN ORDINANCE authorizing the lease of certain City-owned
property being a 11S-acre parcel located in the Roanoke Centre for
Industry and Technology to Wade Douthat, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 553.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .......... 7.
NAYS: None ............ O.
UNFINISHED BUSINESS: NONE.
45
ACTION:
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
BUDGET-EQUIPMENT-MANAGEMENT INFORF~TION SERVICES: Ordinance No.
2gg56-312gO amending and reordaining certain sections of the lg89-90
Internal Service Fund Appropriations, providing for the appropriation
of $12,898.00 from Retained Earnings - Unrestricted to Management
Services, Capital Outlay, to provide funds for the purchase of one new
seven passenger mini van, having previously been before the Council for
its first reading on Monday, March 5, 19g0, read and adopted on its
first reading and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final adoption:
(#29956-312go) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 545.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29956-31290.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowles and Mayor Taylor-
AYES: Council Members Fitzpatrick, Garland,
Bowles and Mayor Taylor-
NAYS: None ....
(Council Member Bowers abstained from voting.)
Musser, Trout,
NAYS: None-.
(Council Member Bowers abstained from voting.)
EQUIPMENT-MANAGEMENT INFORMATION SERVICES: Ordinance No. 29957-
312g0 accepting the bid of Pomoco Ford, Inc., for one new seven
passenger mini van, in the total amount of $12,898.00, for use by
Management Information Services, having previously been before the
Council for its first reading on Monday, March 5, lg90, read and
adopted on its first reading and laid over, was again before the body,
Mr. Fitzpatrick offering the following for its second reading and final
adoption:
(#29957-31290) AN ORDINANCE providing for the purchase of one new
seven passenger mini van, upon certain terms and conditions, by
accepting a bid made to the City for furnishing and delivering such
vehicle; and rejecting other bids made to the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 546.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29957-31290.
The motion was seconded by Mr. Trout and adopted by the following vote:
46
ACTION:
ACTION:
EASEMENTS-SPECIAL PERMITS-UTILITIES: Ordinance No. 29962-31290
authorizing the relocation of a portion of a certain public utility
easement serving Crossroads Consumer Mall as requested by Zane May
Operating Partners L. P., and authorizing the proper City officials to
accept, on behalf of the City, the dedication of a replacement public
utility line easement to permit construction of a McDonald's
Restaurant, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, March 5, 1990, read
and adopted on its first reading and laid over, was again before the
body, Mrs. Bowles offering the following for its second reading and
final adoption:
(#29962-31290) AN ORDINANCE authorizing the relocation of a por-
tion of a certain public utility easement serving Crossroads Consumer
Mall, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 546.)
Mrs. Bowles moved the adoption of Ordinance No. 29962-31290. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None ....... . ..... O.
CITY PROPERTY-PARKS AND PLAYGROUNDS: Ordinance No. 29963-31290
authorizing the renewal of a lease agreement between the City and the
Commonwealth of Virginia, Department of Conservation and Historic
Resources, providing for the lease of approximately 900 square feet of
office space and 1100 square feet of laboratory space in the Buena
Vista Recreation Center, said lease renewal term to be for a period of
one year with no lease fee, and to commence as of March 1, 1990, and
terminate on February 28, 1991, having previously been before the
Council for its first reading on Monday, March 5, 1990, read and
adopted on its first reading and laid over, was again before the body,
Mr. Fitzpatrick offering the following for its second reading and final
adoption:
(#29963-31290) AN ORDINANCE authorizing the renewal of a lease
agreement between the City and the Commonwealth of Virginia, Department
of Conservation and Historic Resources, of certain space in the Buena
Vista Recreation Center, upon certain terms and conditions.
(For full text of drdinance, s~e Ordinance Book No. 51, page 547.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29963-31290.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ....... -7.
NAYS: None .........
O®
47
m
ACTION:
ACTION:
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 8:10 p.m., the Mayor declared the meeting in recess.
At 8:40 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Fitzpatrick moved with respect to the Executive
Session just concluded, that each Member of City Council certify to the
best of his or her knowledge that: (1) only public business matters
lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Executive Session was
convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ................ 7.
NAYS: None ............ O.
CELEBRATIONS (SPECIAL EVENTS COMMITTEE): The Mayor advised that
there is a vacancy on the Special Events Committee created by the death
of Ms. Marionette Sprauve', for a term ending June 30, 1990, and called
for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Ms. Lin D. Chaff.
There being no further nominations, Ms. Lin D. Chaff was elected
as a member of the Special Events Committee to fill the unexpired term
of Ms. Marionette Sprauve', deceased, ending June 30, 1990, by the
following vote:
FOR MS. CHAFF: Council Members Fitzpatrick, Garland, Musser,
Trout, Bowers, Bowles and Mayor Taylor .......... 7.
FLOOD CONTROL/REDUCTION (FLOOD PLAIN COMMITTEE): The Mayor
advised that there is a vacancy on the Flood Plain Committee created by
the resignation of Mr. Charles F. Herberger for a term ending June 30,
1990, and called for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Mr. Samuel J.
Krisch, II.
There being no further nominations, Mr. Samuel J. Krisch, II, was
elected as a member of the Flood Plain Committee to fill the unexpired
term of Mr. Charles F. Herberger, resigned, ending June 30, 1990, by
the following vote:
48
ACTION:
FOR MR. KRISCH: Council Members Fitzpatrick, Garland, Musser,
Trout, Bowers, Bowles and Mayor Taylor .................... 7.
AIRPORT: The Mayor advised that the three year term of Mr.
Joel M. Schlange)' as a member of the Roanoke Regional Airport
Commission expired on March 9, 1990, and called for nominations to fill
the vacancy.
Mr. Trout placed in nomination the name of Mr. Joel M. Schlanger.
There being no further nominations, Mr. Joel M. Schlanger was
reelected as a member of the Roanoke Regional Airport Commission for a
term of four years ending March 9, 1994, by the following vote:
ACTION: FOR MR. SCHLANGER: Council Members Fitzpatrick, Garldnd, Musser,
Trout, Bowers, Bowles and Mayor Taylor ....... 7.
ACTION:
Mr. Fitzpatrick moved that the City residency requirement be
waived in this instance. The motion was seconded by Mr. Musser and
unanimously adopted.
There being no further business, the Mayor declared the meeting
adjourned at 8:45 p.m.
ATTE ST:r
City Clerk
APPROVED
REGULAR WEEKLY SESSION ROANOKE CITY-COUNCIL
March 19, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 19, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~l-~as amended.
PRESENT: Council Members Howard E. Musser (left the meeting at
3:15 p.m.), James O. Trout, David A. Bowers, Beverly T. Fitzpatrick, Jr.,
Robert A. Garland and Mayor Noel C. Taylor ............................. 7.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Clinton 0. Scott,
President, Pentecostal Ministerial Alliance.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
AIRPORT-ACTS OF ACKNOWLEDGEMENT: The Mayor presented a framed
picture of the Roanoke Regional Airport Terminal to Mr. Lee Garrett,
former member of the Airport Commission representing Roanoke County, in
recognition and appreciation of his service as a member of the Commis-
sion.
SCHOOLS: The Mayor advised that on July 1, 1990, there would be
two vacancies on the Roanoke City School Board, said vacancies being
for terms of three years, each, ending June 30, 1993. He stated that
pursuant to Chapter 9, Education, Article II, Procedure for Election of
School Trustees, Section 9-19, Preliminary screening of candidates, on
Or before March 31, Council, as a Committee of the Whole, shall at a
regular or special meeting, review and consider all candidates for the
position of school trustee; whereupon, the matter was before the body.
The Mayor further advised that as of March 12, 1990, at 5:00 p.m.,
which was the deadline for receipt of applications, the following per-
sons had applied for the two upcoming vacancies on the Roanoke City
School Board:
ACTION:
Sallye T. Coleman
Charles W. Day
Emanuel C. Edwards
John T. Geary
David K. Lisk
Del vis O. McCadden
Lewis W. Peery
Finn D. Pincus
Denise A. Reedy
Mr. Trout moved that the matter be received and filed and that
Council select from the field of candidates those candidates to receive
the formal interview on Monday, March 26, 1990, at 2:00 p.m. The
motion was seconded by Mr. Bowers and adopted.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss a matter
pertaining to acquisition of real property for public purposes for the
Roanoke River Flood Reduction Project and specific legal matters
requiring the provision of legal advice by counsel, being the terms and
conditions of the Roanoke River Flood Reduction Project Local Coopera-
tive Agreement with the U. S. Government.
BUDGET: A report of the City Manager transmitting a proposed
schedule of activities for fiscal year 1990-91 budget study, was before
Council.
The City Manager advised that on February 23, 1990, a proposed
schedule for fiscal year 1990-91 Budget Study and Adoption Process was
forwarded to Council; that Council was requested to review the proposed
schedule and advise the Assistant City Manager of potential conflicts;
that the Assistant City Manager received no adverse comments from
Council; and recon~nended that Council concur in the schedule of dates,
times, and activities which are essential to Council's review and ulti-
mate adoption of the fiscal year 1990-91 budget.
(For full text, see report and proposed schedule on file in the City
Clerk's Office. )
Council Member Bowers advised of a potential conflict with one of
the dates; whereupon, Mr. Trout moved that the budget study schedule be
approved, with the understanding that an adjustment may be necessary.
The motion was seconded by Mr. Garland and adopted by the following
vote:
51
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor- 6.
NAYS: None .....
(Council Member Bowles was absent.)
ZONING: A report of the City Manager with regard to a process
which was chosen to obtain a comprehensive and objective analysis of
the administration and enforcement of the City's Zoning Ordinance, was
before Council.
The City Manager advised that Council has previously referred to
him a request for information concerning administration and enforcement
of the City's Zoning Ordinance and certain other regulations which
impact on the quality of life in the community; and pointed out that
the purpose of the report is to advise Council of a process which has
been chosen to obtain a comprehensive and objective analysis of the
subject.
It was further advised that the City Administration has entered
into an agreement with The Institute For Public Management at Virginia
Polytechnic Institute and State University (VPI & SU) to assess the
efficiency and effectiveness of the City's zoning administration,
enforcement, and development review procedures; that the comprehensive
review will cost approximately $9,850.00, with a completion date of
April 15, 19g0; that funds are available for said expenditure in the
fiscal year 1989-90 budget; and the project has the following five
objectives:
Analyze the existing administrative structures and
responsibilities of those departments (Building,
Planning, Engineering) associated with the City's
development review, approval and enforcement pro-
cess, evaluate their effectiveness, and make recom-
mendations for improvements where needed.
Examine the current relationship between the City
review staff and the City's development review
boards and commissions, evaluate the effectiveness
of that relationship and make recommendations where
needed.
Assess current development review, approval and
enforcement procedures and make recommendations
which could improve levels of effectiveness where
problems exist.
Review the existing zoning ordinance and the means
of disseminating information related to pending
development proposals and make recommendations on
strategies for improving awareness and understand-
ing of ordinances by neighborhood groups, develo-
pers and City officials.
m
52
ACTION:
ACTION:
Analyze the current administrative structure and
responsibilities of the planning office and make
recommendations to improve the organization and
provision of basic planning needs within the City's
administrative structure.
It was explained that the process will include interviews with
City staff and members of boards and commissions involved in the deve-
lopment process, representatives of neighborhood groups, and a repre-
sentative from the development com~nunity; that the review as outlined
will be comprehensive and objective; and the final report will assist
in whatever actions may be needed to enhance services to the community,.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ......... 6.
NAYS: None-
(Council Member Bowles was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter pertaining to acquisition of real property
for public purposes for the Roanoke River Flood Reduction Project and
specific legal matters requiring the provision of legal advice by coun-
sel, being the terms and conditions of the Roanoke River Flood
Reduction Project Local Cooperative Agreement with the U. S.
Government, pursuant to Section 2.1-344 (Al (7), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter pertaining
to acquisition of real property for public purposes for the Roanoke
River Flood Reduction Project and specific legal matters requiring the
provision of legal advice by counsel, being the terms and conditions of
the Roanoke River Flood Reduction Project Local Cooperative Agreement
with the U. S. Government, pursuant to Section 2.1-344 (Al (7), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ....... 6.
NAYS: None ........
-0.
(Council Member Bowles was absent.)
53
ACTION:
REGULAR AGENDA:
ItEARING OF CITIZENS UPON PUBLIC MATTERS:
PLANNING: Mr. Michael M. Waldvogel, Chairman, City Planning
Commission, presented the 1989 Annual Report of the Planning Commis-
sion.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. Trout moved that the Annual Report be received and filed, with
appreciation. The motion was seconded by Mr. Fitzpatrick and adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
HOUSING-GRANTS: The City Manager submitted a written report
advising that an application to the Virginia Department of Housing and
Community Development for the Single Family Rehabilitation and Energy
Conservation Loan Program was approved by Council on December 19, 1988;
that execution of an administrative agreement with the Virginia
Department of Housing and Community Development was authorized by
Council on March 27, 1989, for a $300,000.00 allocation under the
Single-Family Rehabilitation and Energy Conservation Loan Program; that
$220,000.00 of the State's Single Family Rehabilitation and Energy
Conservation Loan Program allocation is to be used in conjunction with
the Home Purchase Assistance Program; and funds provided from the
State's Program will be loaned for the rehabilitation of substandard
houses that are purchased through the Home Purchase Assistance Program,
up to $20,000.00 per house.
It was further advised that $240,000.00 in Community Development
Block Grant funds, comprising a two year cumulative appropriation, was
allocated by Council to this initiative on June 26, 1989, allowing the
City to provide loans to low-moderate income households agreeing to buy
approximately 18 - 20 certain identified substandard houses through the
Home Purchase Assistance Program, which will be administered jointly by
the City and the Roanoke Redevelopment and Housing Authority as
outlined in the City's current contract for services with the Housing
Authority; and Council approved initial targeting of the Home Purchase
Assistance Program in Conservation Areas and Rehabilitation Districts
within the City's southeast quadrant on December 4, 1989.
54
ACTION:
It was explained that real estate options were selected as the
best way to allow the City to implement the Home Purchase Assistance
Program, which define the property owner's and the City's respon-
sibilities under said Program, establish a purchase price for the pro-
perty, allow the City to access and market the property for sale to
qualifying low and moderate income purchasers in the Program through
assignment of the real estate option, which provides for a direct sale
of the property from the current owner to the purchaser selected
through the Program; that the City will not exercise any option and
will not actually purchase any property in the Program; and should the
City be unable to find a buyer for the property, the real estate option
would be allowed to expire.
It was further explained that two real estate options have been
executed by individual property owners of vacant single-family homes
located in the initial target area; and an option, in the amount of
$12,000.00, has been offered for property located at 1502 Tazewell
Avenue, S. E., in the Fallon Park Rehabilitation District and another
option, in the amount of $19,400.00, has been offered for property
located at 1433 Gladstone Avenue, S. E., in the Kenwood Rehabilitation
District.
The City Manager recommended that he be authorized to execute real
estate options for properties located at 1502 Tazewell Avenue, S. E.,
and 1433 Gladstone Avenue, S. E., subject to approval by the City
Attorney, with individual property owners of houses selected fdr the
Home Purchase Assistance Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29973-31990) AN ORDINANCE authorizing certain real estate
options to be entered into in connection with the Home Purchase
Assistance Program, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 553.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29973-31990.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ......... .6.
NAYS: None .........
(Council Member Bowles was absent.)
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that Council was notified by report dated
November 13, 1989, of a large underground cavity encountered at the
intersection of Broad Street and Richland Avenue, N. W., during con-
struction of the Williamson Road Storm Drain Project, Phase 2, Contract
I-F, by Aaron J. Conner, General Contractor, Inc.; and the contractor
was instructed to proceed with the necessary corrections and repairs to
secure a proper foundation for the intersection and the existing utili-
ties contained within the intersection.
It was further advised that estimated cost for said work could not
be clearly defined until the area was excavated and the extent of the
cavity and damage to existing utilities was more clearly defined; and
the necessary repairs were more extensive than originally estimated due
to the following factors:
Cavity was discovered to be unpredictably larger
and deeper as excavation proceeded.
Existing underground utilities within the intersec-
tion had lost their foundation support and were
settling and beginning to breakup or rupture. This
included sewer lines, manhole structures, storm
drain lines, and a major waterline.
Utilities could not be relocated and could only be
stabilized by a network of steel piling driven to
solid rock.
A solid foundation for the utilities was thereby
achieved and the remaining cavity was backfilled
with suitable material.
It was explained that the contractor has completed the repair work
at a final total cost in the amount of $84,868.48; and an adjustment to
the contract amount for Williamson Road Storm Drain, Phase 2, Contract
I-F, needs to be made in the form of a properly executed change order
in order to reflect the repairs and to pay the contractor for the extra
work performed.
The City Manager recommended that Council authorize execution of
Change Order No. 2 for Williamson Road Storm Drain, Phase 2, Contract
I-F, in order to increase the current contract amount of $843,947.43 by
$84,868.48, and establish a new contract amount of $928,815.91; and
authorize the Director of Finance to transfer from Williamson Road
Storm Drain, Phase 2, Contract I-G, Contingency Account No. 008-052-
9639-9003, the sum of $84,868.48 to Williamson Road Storm Drain,
Phase 2, Contract I-F, Account No. 008-052-9635-9065.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29974-31990) AN ORDINANCE to amend and reordain certain sec-
tions of the 198g-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 554.)
56
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29974-31990.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........... 6.
NAYS: None ............ O.
(Council Member Bowles was absent.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29975-31990) AN ORDINANCE approving the City Manager's issuance
of Change Order No. 2 to the City's contract with Aaron J. Conner,
General Contractor, Inc., for the Williamson Road Storm Drain Project,
Phase II, Contract I-F; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 554.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29975-31990.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mnyor Taylor ......... 6.
NAYS: None ......... O.
(Council Member Bowles was absent.)
STATE HIGHWAYS-HENRY STREET REVITALIZATION: The City Manager sub-
mitted a written report advising that on April 13, 1987, Council
requested the Virginia Department of Transportation to program projects
for roadway widening and realignment to include tile following:
Wells Avenue, N. W., from Williamson Road to First
Street, N. W.
First Street/Gainsboro Road from Madison Avenue,
N. W., to Salem Avenue, S. W., and Intersection of
Orange Avenue and Gainsboro Road.
It was further advised that the redevelopment of the Henry Street
area and improved access to downtown Roanoke required that a more expe-
ditious method be found to proceed with improvements on First Street/
Gainsboro Road and Wells Avenue; that on July 27, 1987, Council
authorized agreements with the Transportation Department by which the
City will assume responsibility for administering all aspects of the
57
First Street/Gainsboro Road and Wells Avenue projects; that the preli-
minary engineering phase would be generally handled on the normal 95
percent-Virginia Department of Transportation and five percent-City
cost-sharing basis; and on December 21, 1987, Council awarded an engi-
neering services reimbursement, with a cost ceiling contract to Mattern
& Craig, Consulting Engineers, in an amount not to exceed $1,002,342.24
and appropriated $50,117.00 for payment of invoices from the Transpor-
tation Department for the City's five percent share of the contract.
It was explained that scope of work to be performed by Mattern &
Craig consists of preparation of complete surveys, right-of-way and
construction plans and plats, utilities, signs, signals, pavement
markings, lighting and landscaping plans, structures, traffic data,
environmental assessment, geological borings and testing, construction
administration, and inspection of construction; that Amendment No. 1 to
the contract, dated December 12, 1988, decreased the cost ceiling by
$21,586.23 to $980,756.01, which did not involve any change in the
scope of the work, but reflected disallowed project costs as determined
in an audit by the Virginia Department of Transportation's Fiscal
Division; that the RTKL study results for the Downtown North Develop-
ment Plan, released at a May 11, 1989, press conference, included a
recommendation to construct a four-lane Second Street Bridge instead of
a four-lane First Street Bridge; that the Second Street Corridor pro-
vides a clearer and more well-defined west circumferential route than
First Street; and the study also suggested realigning Wells Avenue such
that it will connect with Gilmer Avenue to provide better overall
accessibility, and existing Gilmer Avenue continues to the west to
major north-south crossings such as 5th Street and loth Street, while
Wells Avenue currently ends west of First Street.
It was further explained that Amendment No. 2 to the contract,
approved by Council on June 12, 1989, pursuant to Ordinance No. 29611,
provided an increase of up to $481,405.09, for a total not to exceed
$1,462,161.10, with the understanding that the cost ceiling was subject
to change based upon subsequent refinement and review from the State
Transportation Department; that the new figure was changed to
$391,158.46, for a new total not to exceed $1,371,914.47; that funds
for increased State share were not appropriated at that time, awaiting
review from the State Transportation Department; and the additional fee
reflects the service for additional survey and design efforts to deve-
lop plans for the project beginning in the vicinity of Salem Avenue and
Second Street, S. W., instead of Salem Avenue and First Street, S. W.,
and connecting First Street, N. W., in the vicinity of Gilmer Avenue,
which does not include services for design plans to raise one span of
the First Street Bridge which was originally included in Amendment
No. 2.
The City Manager pointed out that total costs invoiced by
Mattern & Craig for the project through November 25, 1989, include
$409,497.59 for Second Street/Gainsboro Road and $26,852.96 for Wells
Avenue; that tasks accomplished include aerial photography, base
mapping, surveying, traffic data, collection and analysis, roadway
design and intersection plan design for Gainsboro Road at Orange
Avenue; that the City's five percent share of the costs is $21,817.53;
that the timetable for completing the Second Street/Gainsboro Road Pro-
58
ACTION:
ject must be compressed to enable completion by the City's goal of
January 1, 1992; that Amendment No. 3 is a direct result of the need to
compress the schedule; that additional engineering services would
include overtime and an additional public hearing to compress the sche-
dule by six months; and Amendment No. 4 is also needed to address addi-
tional project design considerations, which include survey and design
to provide storm drainage along Gilmer Avenue from Jefferson Street to
Lick Run, and additional survey and design to extend the project 200
feet south through the Salem Avenue intersection.
The City Manager recommended that Council authorize Amendment Nos.
3 and 4 to the engineering services contract with Mattern & Craig,
P. C., Consulting Engineers, to prepare complete construction plans for
"Widening and Realignment of Second Street/Gainsboro Road and Wells
A~enue" to provide increases of $79,512.13 and $86,620.55, respec-
tively, for a total amount not to exceed $1,538,047.14; and appropriate
$456,193.00 for the State's share of Amendment Nos. 2 and 4 to Account
No. 008-052-9547-9007, and the City's share of the project, in the
amount of $153,439.00 has already been appropriated as a result of pre-
vious Council action.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29976-31990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 555.)
Mr. Trout moved the adoption of Ordinance No. 29976-31990. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .......... 6.
NAYS: None ...............................
(Council Member Bowles was absent.)
Mr. Trout offered the following emergency Ordinance:
(#29977-31990) AN ORDINANCE approving the City Manager's issuance
of Amendment Nos. 3 and 4 to the City's contract with Mattern & Craig,
Consulting Engineers, for services performed in connection with the
Widening and Realignment of Second Street/Gainsboro Road and Wells
Avenue; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 556.)
59
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 29977-31990. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ..... 6.
NAYS: None ............................
(Council Member Bowles was absent.)
BUDGET-CITY INFORMATION SERVICES-EQUIPMENT: The City Manager sub-
mitted a written report concurring in a report of a bid committee with
regard to the purchase of one computer disc drive for the City Informa-
tion Services Department in order to perform required computer services
in the most effective and efficient manner.
The bid committee recommended that Council accept the bid sub-
mitted by I.B.M. Corporation to provide one computer disc drive, in the
total amount of $49,560.00; authorize the Director of Finance to
appropriate $49,560.00 from Internal Services Retained Earnings to City
Information Services, Account No. 006-050-1601-9015, to provide funds
for the purchase; and reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29978-31990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 556.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29978-31990.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor-- . ........... 6.
NAYS: None .....
(Council Member Bowles was absent.)
Mr. Musser offered the following emergency Ordinance:
(#29979-31990) AN ORDINANCE accepting the bid of I.B.M. Corpora-
tion made to the City for furnishing and delivering one computer disc
drive; rejecting all other bids made to the City; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 557.)
ACTION:
ACTION:
Mr. Musser moved the adoption of Ordinance No. 29979-31990. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ......... 6.
NAYS: None ........ O.
(Council Member Bowles was absent.)
BUDGET-UTILITIESuEQUIPMENT: The City Manager submitted a written
report concurring in a report of a bid committee with regard to pro-
viding necessary equipment to update the existing automated fuel
dispensing system, and the purchase of two computer printers and modems
from the State Contract.
The bid committee recommended that Council accept the bid sub-
mitted by S. ~. Conner and Sons, Inc., to provide necessary equipment
to update the system, including trade allowance and excluding printers
and modems, in the total amount of $24,335.80; allow for the purchase
of two computer printers and modems from the State Contract, in the
amount of $866.00; authorize the Director of Finance to appropriate
$25,201.80 from Internal Service Fund Retained Earnings to Materials
Contract, Account No. 006-050-1613-9015, and Utility Line Services,
Account No. 006-056-2625-9015; and reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29980-31990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No, 51, page 558.)
Mr. Musser moved the adoption of Ordinance No. 29980-31990. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ......... 6.
NAYS: None .........
Oe
(Council Member Bowles was absent.)
Mr. Bowers offered the following emergency Ordinance:
(#29981-31990) AN ORDINANCE accepting a bid to provide the
necessary equipment for the update of certain existing fuel dispensing
systems in the City and awarding contracts therefor; authorizing the
appropriate City officials to execute the requisite contracts, upon
certain terms and conditions; authorizing the purchase of certain com-
61
ACTION:
puter printers and modems by utilizing the Commonwealth of Virginia's
contract with certain vendors; rejecting all other bids made to the
City for said work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 558.)
Mr. Bowers moved the adoption of Ordinance No. 29981-31990. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ................ $.
NAYS: None ................
(Council Member Bowles was absent.}
BUDGET-PUBLIC WORKS-EQUIPMENT: The City Manager submitted a writ-
ten report concurring in a report of a bid committee with regard
necessary equipment for the enhancement of the Motor Vehicle Mainten-
ance and Repair Program.
The bid committee recon~nended that Council accept the bid sub-
mitted by Sun Electric Corporation, c/o Earl Williams, Sales Represen-
tative, for one new computerized diagnostic engine analyzer, in the
total amount of $24,315.75; authorize the Director of Finance to
appropriate $24,315.75 from Internal Service Fund Prior Years' Retained
Earnings to Motor Vehicle Maintenance, Account No. 006-052-2641-9015,
to provide funds for the purchase of said equipment; and reject all
other bids received.
(For full text, see reports on file in the City Clerk's Office.)
At this point, 3:15 p.m., Council Member Musser left the meeting.
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29982-31990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 559.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29982-31990.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor ................. 5.
NAYS: None ........... O.
(Council Members Bowles and Musser were absent.)
ACTION:
ACTZON:
Mr. Fitzpatrick offered the following Resolution:
(#29983-31990) A RESOLUTION accepting the bid of Sun Electric
Corporation by Earl Williams, Sales Representative, made to the City
for furnishing and delivering one (1) new computerized diagnostic
engine analyzer; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 51, page 560.)
Mr. Fitzpatrick moved tile adoption of Resolution No. 29983-31990.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor .......... 5.
NAYS: None ........ -0.
(Council Members Bowles and Musser were absent.)
CITY SHERIFF-EQUIPMENT: The City Manager submitted a written
report concurring in a report of a bid committee with regard to
vehicles for the Sheriff's Department.
The bid con~ittee recommended that Council accept the following
bids for the Sheriff's Department:
One new four door sedan as submitted by Berglund
Chevrolet, Inc., in the total amount of $12,740.51.
One new 8 passenger van as submitted by Dominion
Car Company, in the amount of $16,699.96.
Reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29984) AN ORDINANCE accepting bids for certain vehicular equip-
ment; and rejecting other bids.
(For full text of Ordinance, see Ordinance Book No. 51, page 562.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
62
ACTION:
AYES: Council Members Trout Fitzpatrick, Garland and Mayor
Taylor- - ....... O.
NAYS: None ........
(Council Members Bowles and Musser were absent.) (Council Member Bowers
abstained from voting.)
CITY JAIL-SHERIFF-EQUIPMENT: Council Member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for the purchase of eight tables and 40 bunks for the maximum
security, fourth floor area of the Roanoke City Jail, submitted a writ-
ten report on behalf of the committee, recommending that Council
authorize the City Manager to enter into a contract with Detention
Services, Inc., to provide and install 40 new bunks and eight new
tables in accordance with requirements of contract documents as pre-
pared by the City Engineer's Office, in the amount of $10,194.00 and 30
consecutive calendar days.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29985-31990) A RESOLUTION accepting the bid of Detention
Services, Inc., made to the City for furnishing and delivering forty
(40) new bunks and eight (8) new tables at the Roanoke City Jail; and
rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 51, page 561.)
Mr. Bowers moved the adoption of Resolution No. 29985-31990. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor- . ......... 5.
NAYS: None-
(Council Members Bowles and Musser were absent.)
BUDGET-DIRECTOR OF FINANCE-BILLINGS AND COLLECTIONS-EQUIPMENT:
The City Manager submitted a written report concurring in a report of a
bid committee with regard to the provision of necessary hardware for an
automated meter reading system.
The bid committee recommended that Council accept the bid sub-
mitted by Micro Palm Computers, Inc., to provide necessary hardware for
an automated meter reading system, in the total amount of $18,749.68;
authorize the Director of Finance to appropriate $22,895.00 to allow
for the purchase of the following items, and transfer $41,644.68 from
64
ACTION:
the General Fund Contingency, Equipment Replacement, Account No. 001-
002-9410-2202, to Account No. 001-004-1232-9015, in the amount of
$37,644.68, and Account No. 001-004-1232-2044, in the amount of
$4,000.00; and reject the other bid received:
personal computer and accessories
available under State Contract
batteries and miscellaneous start-up
expenses
$ 6,225.00
file transfer software package
tape back-up system available under
State Contract 1,220.00
training 4,000.00
1,650.00
9,800.00
Total $22,895.00
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29986-31990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 561.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29986-31990.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Fitzpatrick,
Mayor Taylor .......
NAYS: None ........
Garland and
(Council Members Bowles and Musser were absent.)
Mr. Fitzpatrick offered the following Resolution:
(#29987-31990) A RESOLUTION accepting the bid of Micro Palm
Computers, Inc., made to the City for furnishing and delivering six
hand held programming computers and related equipment; and rejecting
all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 51, page 562.)
65
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No. 29987-31990.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor-- 5.
NAYS: None .....
(Council Members Bowles and Musser were absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 29964 rezoning certain parcels of land
located in the northwest area of the City on Eleventh Street, Fairfax,
Orange and Madison Avenues, and Moorman Road, N. W., from CN,
Neighborhood Commercial District, to C-2, General Commercial District,
having previously been before the Council for its first reading on
Monday, March 12, 1990, read and adopted on its first reading and laid
over, was again before the body, Mr. Bowers offering the following for
its second reading and final adoption:
(#29964-31990) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 211, 212 and 222, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the
City.
(For full text of Ordinance, see Ordinance Book No. 51, page 551.)
Mr. Bowers moved the adoption of Ordinance No. 29964-31990. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor ....... 5.
NAYS: None--. O.
(Council Members Bowles and Musser were absent.)
INDUSTRIES-CITY PROPERTY: Ordinance No. 29971-31990 authorizing
the lease of a certain house and cabin located on a liS.O-acre parcel
of land situate in the Roanoke Centre of Industry and Technology to Mr.
Wade Douthat, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, March 12, 1990,
read and adopted on its first reading and laid over, was again before
the body, Mr. Trout offering the following for its second reading and
final adoption:
66
ACTION:
ACTION:
(#29971-31990) AN ORDINANCE authorizing the lease of certain
City-owned property consisting of an existing house and cabin located
in the Roanoke Centre for Industry and Technology to Wade Douthat, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 552.)
Mr. Trout moved the adoption of Ordinance No. 29971-31990. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor .......... 5.
NAYS: None .........
-0.
(Council Members Bowles and Musser were absent.)
INDUSTRIES-CITY PROPERTY: Ordinance No. 29972-31990 authorizing
the lease of certain City-owned property being a liS.O-acre parcel of
land located in the Roanoke Centre for Industry and Technology to Mr.
Wade Douthat, for use exclusively for agricultural purposes, including
the grazing of cattle, upon certain terms and conditions, having pre-
viously been before the Council for its first reading on Monday,
March 12, 1990, read and adopted on its first reading and laid over,
was again before the body, Mr. Trout offering the following for its
second reading and final adoption:
(#29972-31990) AN ORDINANCE authorizing the lease of certain
City-owned property being a 115-acre parcel of land located in the
Roanoke Centre for Industry and Technology to Wade Douthat, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 553.)
Mr. Trout moved the adoption of Ordinance No. 29972-31990. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor ......... 5.
NAYS: None ........
(Council Members Bowles and Musser were absent.)
Oe
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
ANNEXATION/CONSOLIDATION: A communication from Mr. Richard W.
Robers, Chairman, County Board of Supervisors, requesting that Council
consider certain modifications to the proposed Consolidation Agreement
between Roanoke City and Roanoke County, as follows, was before the
body.
67
m
ACTION:
ACT ION:
Include an equal amount of members from both the
current City and County on the RMG School Board
with the provision of a court-appointed tie
breaker.
Modify the service district concept to revise
district boundaries based upon function needs and
availability of public utilities, establish guide-
lines for the creation of such districts, provide
for a citizen petition process, revise the tax rate
differential, adjust the pro-forma budgets, and
amend the election district boundaries crossing the
old City-County boundaries and including a mix of
urban and rural interest,
Citizens in west Roanoke County (Catawba Magiste-
rial District and expansion by the City of Salem)
and in east Roanoke County (expansion by the Town
of Vinton) should have a vote to decide their
future and their form of government. This would
allow a subsequent referendum for the residents in
west Roanoke County and east Roanoke County if con-
solidation is approved.
(For full text, see communication on file in the City Clerk's Office.)
A communication from Mr. Charles R. Hill, Mayor, Town of Vinton,
requesting that Council unilaterally not concede to amending the pro-
posed Consolidation Agreement that affects the Town of Vinton, was also
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the communications be referred to the
City's representatives to the Consolidation Negotiating Team for study,
report and recommendation to Council. The motion was seconded by Mr.
Garland and unanimously adopted.
CITY GOVERNMENT: A communication from Mr. Charles L. Downs,
President, Roanoke Sister Cities Corporate Board, requesting that
Council adopt a measure that would introduce Wonju, Korea, and Kisumu,
Kenya, Roanoke's Sister Cities, to one another, and propose and
encourage a Sister City relationship between the two cities, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the City Attorney
for preparation of the proper measure. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
68
At 3:35 p.m., the Mayor declared the meeting in recess.
At 4:40 p.m., during the Executive Session, Council Member Bowers
left the meeting.
At 5:02 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Members Bowers, Bowles and Musser.
COUNCIL: Mr. Fitzpatrick moved with respect to the Executive
Session just concluded, that each Member of City Council certify to the
best of his or her knowledge that: (1) only public business matters
lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Executive Session was
convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Fitzpatrick, Garland and Mayor
Taylor ....... --4.
NAYS: None ....... O.
(Council Members Bowers, Bowles and Musser were absent.)
There being no further business, the Mayor declared the meeting
adjourned at 5:03 p.m.
ATTEST: 2~,~g_
City Clerk
APPROVED
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
March 26, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 26, 1990, at 2:00 p.m., the regular
meeting hour, with Vice-Mayor Beverly T. Fitzpatrick, Jr., presiding, pursuant
to Rule 1, Regular Meetin.~s, of Section 2-15, Rules of Procedure, Code of the
City of Roanoke {1979), as amended.
PRESENT: Council Members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, Howard E. Musser and Vice-Mayor Beverly T.
Fitzpatrick, Jr. . ................................. 6.
ABSENT: Mayor Noel C. Taylor .......................
OFFICERS PRESENT: W. Robert H~rbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend William E.
01ewiler, Associate Pastor, Windsor Hills United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Fitzpatrick.
SCHOOLS: The Vice-Mayor advised that on July 1, 1990, there would
be two vacancies on the Roanoke City School Board, said vacancies being
for terms of three years, each, ending June 30, 1993. He stated that
pursuant to Chapter 9, Education, Article II, Procedure for Election of
School Trustees, Section 9-19, Preliminary screening of candidates, on
or before March 31, Council as a Committee of the Whole, shall at a
regular or special meeting, review and consider all candidates for the
position of school trustee; whereupon, the matter was before the body.
The Vice-Mayor explained that as of March 12, 1990, at 5:00 p.m.,
which was the deadline for receipt of applications, the following per-
sons had applied for the two upcoming vacancies on the Roanoke City
School Board.
Sallye T. Coleman
Charles W. Day
Emanuel C. Edwards
John T. Geary
David K. Lisk
Delvis O. McCadden
Lewis W. Peery
Finn D. Pincus
Denise A. Reedy
70
ACTION:
Inasmuch as the Mayor was not present, Mr. Trout moved that the
matter be deferred until the next regular meeting of Council on Monday,
April 2, 1990. The motion was seconded by Mr. Garland and adopted.
ACTION:
ACTION:
BID OPENINGS:
SIDEWALK, CURB AND GUTTER: Pursuant to notice of advertisement
for bids for construction of new concrete sidewalks, entrances, curb
and gutter on various streets in downtown Roanoke, as well as 14th
Street, S. E., said bids to be received by the City Clerk until
1:30 p.m., on Monday, March 26, 1990, and to be held, opened and read
before the Council at 2:00 p.m., on that date, or as soon thereafter as
the matter may be heard, the Vice-Mayor asked if anyone had any
questions about the advertisement for bids, and no representative pre-
sent raising any question, the Vice-Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
BIDDER
BASE BID TOTAL
H & S Construction Company
DLB, Inc.
$256,287.50
328,484.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Vice-Mayor appointed Robert A. Garland, Chairman, William F.
Clark and Kit B. Kiser as members of the committee.
CONSENT AGENDA:
NONE.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
SALE/PURCHASE OF PROPERTY-CHURCHES: A communication from Mr.
Frank K. Saunders, Attorney, representing Trustees of Roanoke Valley
Worship Center Church of God, requesting authorization to purchase
additional property located at 1488 Peters Creek Road, N. W., con-
taining approximately 22.76 acres, from Greenbrier Christian Academy,
Inc., a Virginia Corporation, was before Council.
71
ACTION:
Mr. Saunders appeared before Council and advised that Trustees of
Roanoke Valley Worship Center have been informed that under the Code of
Virginia, Section 57-12, Church Trustees are limited at any one time to
hold no more than 15 acres of land in a city; however, City Council can
authorize such trustees to take and hold in such City not more than 50
acres of land under certain conditions as set forth in the Code
Section.
It was explained that Trustees of Roanoke Valley Worship Center
Church of God, in accordance with provisions of Section 57-12, of the
Code of Virginia, represent to City Council that the acreage to be
purchased, so long as it is held by the Trustees, will be devoted
exclusively to a church building, chapel, cemetary, offices exclusively
used for administrative purposes of the Church, Sunday-school building
and playgrounds therefor, and parking lots for the convenience of those
attending any of the foregoing, as well as church manse, parsonage or
rectory.
On behalf of the Trustees of the Roanoke Valley Worship Center
Church of God, Mr. Saunders requested that Council favorably consider
the request to authorize the Church by Ordinance, to acquire the lands
of Greenbrier Christian Academy, Inc., containing approximately 22.76
acres for use devoted to the purposes above specified.
The Reverend Paul Davis, Pastor, Roanoke Valley Worship Center
Church of God, advised that Trustees of the Church would appreciate
Council's expeditious handling of the request.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the City Manager
and the City Attorney for study, report and recommendation to Council
and for preparation of the proper measure. The motion was seconded by
Mr. Garland and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
HUMAN RESOURCES-YOUTH: The City Manager submitted a written
report advising that the City of Roanoke, County of Roanoke, and the
City of Salem entered into a contract in January, 1987, whereby the
localities would jointly use Youth Haven I and Youth Haven II to pro-
vide non-secure residential care for youth of the Roanoke Valley, with
the per diem rate set at $25.00 for the first 18 months of operation;
that the three jurisdictions have negotiated a new contract which bases
72
ACTION:
the per diem rate on the actual local operating expenses for the year
prior to the previous fiscal year, or based on a per diem established
by any federal or state agency for the facility or program; and Title
XX represents federal funds received by the Department of Social
Services to provide care for the citizens of the City of Roanoke.
It was further advised that Title XX vendor designation will per-
mit youth who are wards of the local Department of Social Services to
be placed at the facility and to be reimbursed under Title XX monies
allocated to the local departments; that the City of Roanoke, on behalf
of Youth Haven I, and the County of Roanoke, on behalf of Youth Haven
II, recently received Title XX vendor status as established by the
Commonwealth of Virginia's Department of Social Services' Interdepart-
mental Committee on Rate Setting, which rates are calculated after con-
siderin9 the operating expenses, less any grants and monies received
from state and federal agencies; and the rate established by the com-
mittee for the 1990-1991 fiscal year for Youth Haven I is $29.44, and
the rate established by the committee for the 1990-1991 fiscal year for
Youth Haven II is $34.55.
It was explained that Youth Haven II, operated by the County of
Roanoke, has executed a contract with the Commonwealth of Virginia's
Department of Social Services and is currently eligible to receive
children from the City of Roanoke, Department of Social Services, using
Title XX funding for reimbursement; and the Youth Haven I has received
a contract from the Commonwealth of Virginia, Department of Social
Services, which has been reviewed by the City Attorney's Office and
needs to be duly executed and returned to the State Department of
Social Services.
The City Manager recommended that he be authorized to execute the
appropriate contract with the Commonwealth of Virginia, Department of
Social Services.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29988-32690) AN ORDINANCE authorizing a contract to be entered
with the Commonwealth of Virginia Department of Social Services for the
procurement of certain services at Youth Haven I by the County of
Roanoke's Department of Social Services for the term of FY 199D-91; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 563.)
Mr. Garland moved the adoption of Ordinance No. 29988-32690. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland and Vice-
Mayor Fitzpatrick 6.
NAYS: None .......... O.
(Mayor Taylor was absent.)
72
BUDGET-GRANTS-HOUSING-HUMAN RESOURCES: The City Manager submitted
a written report advising that for the past three years, Council has
accepted Emergency Shelter Grants Program grant awards allocated under
the Stewart B. McKinney Homeless Assistance Act from the U. S. Depart-
ment of Housing and Urban Development to provide services to the home-
less as follows:
$26,000.00 on November 16, 1987, pursuant to Reso-
lution No. 28872;
$4,000.00 on May 9, 1988, pursuant to Resolution
No. 29086; and
$24,000.00 on April 3, 1989, pursuant to Resolution
No. 29507.
It was further advised that the City appropriated funds from all
three grant awards to an Emergency Shelter Resource Fund enabling local
non-profit organizations to apply for financial support to improve
and/or maintain the quality of shelter facilities; and Council con-
curred in the recommendations submitted by the City Manager's Follow-Up
Task Force on Homelessness, pursuant to Resolutions No. 28963 adopted
on January 25, 1988, Resolution No. 29047 adopted on April 4, 1988,
Resolution No. 29186 adopted on June 27, 1988, and Resolution No. 29576
adopted on May 22, 1989, to allocate funds, as follows:
1987 1988 1989
Funds Funds Funds
Shelter Provider
$20,000.00 $1,700.00 $10,000.00
Total Action
Against Poverty
6,000.00 2,300.00 8,500.00
Roanoke Area
Ministries
- 0 - - 0 - 5,500.00 TRUST
It was explained that fiscal year 1990 Emergency Shelter Grants
Program appropriations were significantly increased nationally from
1989 levels, resulting in an increase in the City's share from
$24,000.00 to $39,000.00; that an Emergency Shelter Grants Program
grant allocation of $39,000.00 has been awarded to the City of Roanoke
by the U. S. Department of Housing and Urban Development, with funds
allocated under the Department of Housing and Urban Development -
Stewart B. McKinney Homeless Assistance Act, to provide assistance to
the homeless; thd% the City's Emergency Shelter Resource Fund will pro-
vide the avenue for distributing funds to local shelter providers
serving the needs of the homeless; that the City will invite applica-
tions from all local shelter providers to ensure the most cost benefi-
cial use of these funds; and the Follow-Up Task Force on Homelessness
will review proposals and advise the City Manager on which proposals to
recommend to Council for funding.
74
ACTION:
ACTION:
The City Manager recommended that he be authorized to execute the
necessary documents accepting the FY 1990 Emergency Shelter Grants
Program grant award; and authorize the Director of Finance to
appropriate $39,000.00 for said Program to an account to be established
in the Grant Fund by the Director of Finance and increase the revenue
estimate in the Grant Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29989-32690) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 563.)
Mr. Bowers moved the adoption of Ordinance No. 29989-32690. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland and Vice-
Mayor Fitzpatrick. 6.
NAYS: None .......... O.
(Mayor Taylor was absent.)
Mr. Bowers offered the following Resolution:
(#29990-32690) A RESOLUTION accepting an offer of certain
Emergency Shelter Grant Program funds (ESGP) made to the City by the
United States Department of Housing and Urban Development under
Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance
Act (Public Law 100-77) and the Stewart B. McKinney Homeless Assistance
Amendments Act (Public Law 100-628); and authorizing execution of the
City's acceptance of the aforesaid grant offer and agreement, on behalf
of the City, to comply with the terms and conditions and requirements
of said Department pertaining thereto.
(For full text of Resolution, see Resolution Book No. 51, page 564.)
Mr. Bowers moved the adoption of Resolution No. 29990-32690. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland and Vice-
Mayor Fitzpatrick ........ 6.
NAYS: None .............
(Mayor Taylor was absent.)
75
BUDGET-PARKS AND PLAYGROUNDS-CONSULTANT'S REPORTS: The City
Manager submitted a written report advising that several plans for Mill
Mountain have been developed since the 1960's regarding the use of Mill
Mou;~tain; that the latest, in 1982, included recommendations from the
City's 1981 Parks Plan, and identified a location for a proposed
restaurant; and plans completed to date do not meet the present needs
of the City in identifying significant community goals for the future
of Mill Mountain and do not identify specific criteria on which to eva-
luate new development or revisions to projects that have been proposed
in the past.
It was further advised that existing plans do not identify areas
of environmental sensitivity or areas with development potential; that
environmental effects of a development on Mill Mountain could be signi-
ficant; that areas of environmental sensitivity, both aesthetic and
physical, should be identified; and there are currently several propo-
sals for additional development on Mill Mountain, including a
restaurant, a lodge, a tram, and most recently a memorial/monument for
D-Day.
It was explained that the Mill Mountain Development Committee,
appointed by Council, supports the request for an additional study;
that the City needs professional environmental assistance and planning
guidance in evaluating current proposals for development on Mill
Mountain; that a Request for Proposals to provide professional planning
services was advertised in January, 1990; that the City received propo-
sals from three firms, which were interviewd for the project; that
Rhodeside & Harwell, Inc., of Alexandria, Virginia, was selected as the
most qualified firm to undertake the project; that the firm has con-
siderable experience in planning for landmark and environmentally sen-
sitive properties and in community participation; and tile cost of the
master plan update is approximately $35,000.00, with the anticipated
study time frame being 60 to 90 days in order to ensure the following:
establish goals, objectives and development cri-
teria on which to evaluate future projects and
maintain the environmental integrity of Mill
Mountain;
assess the four additional development projects
currently proposed for Mill Mountain using the
established criteria and assessing the environmen-
tal impact of the proposals; and
provide maps of environmentally sensitive areas and
areas appropriate for development.
76
ACTION:
ACTION:
The City Manager recommended that Council authorize execution of a
contract with Rhodeside & Harwell, Inc., for professional planning ser-
vices; and authorize the Director of Finance to transfer $35,000.00
from the Capital Improvement Reserve, Account No. 008-052-9575-9188,
FY90 Revenue Adjustment, to an account to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29991-32690) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 565.)
Mrs. Bowles moved the adoption of Ordinance No. 29991-32690. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland and Vice-
Mayor Fitzpatrick 6.
NAYS: None ..................................................... O.
(Mayor Taylor was absent.)
Mrs. Bowles offered the following Resolution:
(#29992-32690) A RESOLUTION authorizing the award of a contract
with Rhodeside & Harwell, Incorporated, to provide professional plan-
ning services to update the Mill Mountain Master Plan and authorizing
the appropriate City officials to execute the contract with such firm.
(For full text of Resolution, see Resolution Book No. 51, page 565.)
Mrs. Bowles moved the adoption of Resolution No. 29992-32690. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland and Vice-
Mayor Fitzpatrick 6.
NAYS: None ..............................
(Mayor Taylor was absent.)
BUDGET-SALE/PURCHASE OF PROPERTY-INDUSTRIES: the City Manager
submitted a written report advising that Council authorized an engi-
neering contract for the Design of Realignment and Reconstruction of
Thirlane Road, N. W., on May 8, 1989; that said highway improvement was
identified as essential to the United Parcel Service (UPS) business
expansion which is currently under construction; that the City-State
agreement was authorized on June 19, 1989, in the amount of
$391,000.00; and Cove Corporation, a wholly owned subsidiary of United
Parcel Service, has started construction of its building.
77
ACTION:
ACTION:
It was further advised that the City must acquire the needed
right-of-way for the project; that the projected estimated cost to
acquire the properties is $100,000.00, and is based upon appraisals
currently in hand and/or values obtained from real estate tax records;
that several offers to purchase, based upon fair market appraisals,
have been accepted; and authority to acquire property and funds to
purchase must be approved by Council.
The City Manager recommended that Council authorize acquisition of
the required right-of-way; authorize the Director of Finance to
transfer $100,000.00 from FYgo Revenue Adjustment, Account No. OOB-O52-
9575-918B, to Realignment of Thirlane Road, N. W., Account No. 008-052-
9630-9003, for right-of-way and appraisal cost.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29993-32690) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 566.)
Mr. Musser moved the adoption of Ordinance No. 29993-32690. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland and Vice-
Mayor Fitzpatrick 6.
NAYS: None .... O.
(Mayor Taylor was absent.)
Mr. Musser offered the following emergency Ordinance:
(#29994-32690) AN ORDINANCE providing for the acquisition of a
right-of-way needed by the City for the realignment and reconstruction
of Thirlane Road; authorizing the City Manager to fix to a certain
limit the consideration to be offered by the City for the right-of-way;
providing for the City's acquisition of such right-of-way by condem-
nation, under certain circumstances; authorizing the City to make a
motion for the award of a right of entry on any of the affected real
estate for the purpose of commencing the realignment and reconstruction
of Thirlane Road; directing the mailing of this ordinance to the
affected property owners; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 566.)
Mr. Musser moved the adoption of Ordinance No. 29994-32690. The
motion was seconded by Mr. Trout and adopted by the following vote:
78
ACTZON:
AYES: Council Members Trout, Bowers, Bowles, Garland and Vice-
Mayor Fitzpatrick .............. 6.
NAYS: None ............
De
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted copy of the
financial report of the City of Roanoke for the month of February,
1990.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CITY SHERIFF-EQUIPMENT: Ordinance No. 29984-32690 accepting cer-
tain bids for vehicles for the Sheriff's Department submitted by
Berglund Chevrolet, Inc., for one new four-door sedan, in the total
amount of $12,740.51; and also accepting the bid of Dominion Car
Company for one new eight passenger van, in the total amount of
$16,699.96, having previously been before the Council for its first
reading on Monday, March 19, 1990, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#29984-32690) AN ORDINANCE accepting bids for certain vehicular
equipment; and rejecting other bids.
(For full text of Ordinance, see Ordinance Book No, 51, page 562.)
Mrs. Bowles moved the adoption of Ordinance No. 29984-326g0. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowles, Garland and Vice-Mayor
Fitzpatrick ......... -5.
NAYS: None .........
(Mayor Taylor was absent.)
voti rig. )
(Council Member Bowers abstained from
ACTS OF ACKNOWLEDGEMENT: Mr. Bowers offered the following resolu-
tion expressing appreciation to Sherertz, Franklin, Crawford, and
Shaffner, for their development of a preliminary street layout for Kirk
Avenue renovations:
79
ACTION:
(#29995-32690) A RESOLUTION expressing appreciation to Sherertz,
Franklin, Crawford, Shaffner, for their development of a preliminary
street layout for the Kirk Avenue Renovations.
(For full text of Resolution, see Resolution Book No. 51, page 567.)
Mr. Bowers moved the adoption of Ordinance No. 29995-32690. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland and Vice-
Mayor Fitzpatrick ......... 6.
NAYS: None---
Oe
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
ACTION:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
PARKS AND PLAYGROUNDS-SCHOOLS: Council member Trout moved that
the City Manager be instructed to investigate the matter of providing
neighborhood recreational programs in the South Roanoke area during the
time frame that the Crystal Spring Elementary School is closed for
renovations as well as recreational programs that could be continued
when the school reopens. The motion was seconded by Mr. Garland and
adopted.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Vice-Mayor declared the
meeting adjourned at 2:50 p.m.
ATTEST: ~~j~
City Clerk
APPROVED
Vi ce-Mayor
80
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
April 2, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 2, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'(-XzJ'/zJ~, as amended.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor ..... 7.
ABSENT: None-- O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Charles T. Green,
Chaplain, Roanoke Memorial Hospitals.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
SCHOOLS: The Mayor advised that on July 1, 1990, there will be
two vacancies on the Roanoke City School Board, said vacancies being
for terms of three years, each, ending June 30, 1993. He stated that
pursuant to Chapter 9, Education, Article II, Procedure for Election of
School Trustees, Section 9-19, Preliminary screening of candidates, on
or before March 31, Council as a Con~nittee of the Whole, shall at a
regular or special meeting, review and consider all candidates for the
position of school trustee; whereupon, the matter was before the body.
The Mayor explained that as of March 12, 1990, at 5:00 p.m., which
was the deadline for receipt of applications, the following persons had
applied for the two upcoming vacancies on the Roanoke City School
Board.
Sallye T. Coleman
Charles W. Day
Emanuel C. Edwards
John T. Geary
David K. Lisk
Del vis O. McCadden
Lewis W. Peery
Finn D. Pincus
Denise A. Reedy
81
ACTIOH:
ACT I ON:
Mayor Taylor advised that he was of the understanding that each
member of Council had received copy of a communication from Mr. Guy W.
Byrd, Jr., tendering his resignation as a member of the School Board,
effective March 28, 1990.
Mm'. Trout moved that Council accept the resignation of Mr. Guy W.
Byrd, Jr., effective March 28, 1990, with regret. The motion was
seconded by Mr. Fitzpatrick.
Mr. Bowers inquired if it was necessary to formally accept the
resignation; whereupon, the City Attorney advised that a resignation is
not effective until it is accepted, and an acceptance prohibits the
person submitting a resignation to later withdraw said resignation;
therefore, for finality purposes, the City Attorney recommended that
the resignation be accepted.
The motion to accept the resignation of Mr. Byrd was unanimously
adopted.
The Mayor advised that inasmuch as Mr. Byrd's resignation was
accepted, there were currently three vacancies on the Roanoke City
School Board; that the person filling the vacancy of Mr. Byrd would
fill his unexpired term, which ends on June 30, 1992, and inquired if
it was the desire of Council that Mr. Byrd's vacancy be considered
along with the other two vacancies in the selection process which, in
effect, would mean that Council could interview all nine candidates
inasmuch as the City Code provides that three candidates may be inter-
viewed for each vacancy.
Mr. Musser referred to Chapter 9, Education, §9-13, Article not
applicable to filling of vacancies not caused by ordinary expiration of
term; public hearing exception, of the Code of the City of Roanoke
(1979), as amended, which provides as follows:
"ln case of a vacancy on the school board, other
than through the ordinary expiration of a term, the
council shall fill the vacancy for the unexpired
porti on of the term through the procedure
established by section 2-281 of this Code, and the
selection procedure established by this article
shall have no applicability; provided, however,
that prior to the filling of a vacancy on the
school board created by other than the ordinary
expiration of a term, city council shall, at least
seven (7) days prior to the appointment, hold a
public hearing to receive the views of citizens.
At least ten (10) days prior to any such hearing,
public notice shall be given by publication in a
newspaper of general circulation in the city.
Before any person is appointed to the school board,
the individual's name shall be considered at a
public hearing."
82
ACTION:
ACTION:
The City Attorney advised that the School Board selection process
does not apply to a vacancy other than one which is created through the
ordinary expiration of a term; however, Council, in its discretion,
could elect to provide that procedure to any vacancy which occurs on
the School Board by appropriate motion.
Mr. Trout moved that Council fill the two vacancies, as well as
the vacancy created by the resignation of Mr. Guy W. Byrd, Jr., from
the nine applications on file and adhere to the timetable previously
established. The motion was seconded by Mr. Fitzpatrick.
Mr. Musser advised that Council advertised for two vacancies, and
before filling the vacancy created by the resignation of Mr. Byrd, he
would prefer to receive more input from the community, therefore, he
would not support the motion.
Mr. Bowers advised that Council was at least half way through the
School Trustee selection process and it would be unfair to the citizens
of Roanoke to consider Mr. Byrd's vacancy along with the other two
vacancies. He stated that Council should let the public know that
another vacancy exists on the School Board, invite applications, and
proceed through the selection process which is clearly set forth in the
City Code.
The motion offered by Mr. Trout, seconded by Mr. Fitzpatrick, was
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Trout and
Mayor Taylor .................. 5.
NAYS: Council Members Bowers and Musser ..............
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss specific
legal matters requiring provision of legal advice by counsel, being
proposed amendments to the Consolidation Agreement between the City of
Roanoke and the County of Roanoke dated February 28, 1990.
MINUTES: Minutes of tile special meeting of Council held on
Thursday, November 2, 1989; the regular meetings held on Monday,
November 6, 1989 and Monday, November 13, 1989; the special meeting
held on Monday, November 13, 1989; the regular meeting held on Monday,
November 20, 1989; and the special meeting held on Tuesday,
November 21, 1989, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
83
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .... - ............. 7.
NAYS: None ...................... O.
PENDING LIST: A list of items pending from July 10, 1978, through
March 28, 1990, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles,
Musser, Trout and Mayor Taylor--
NAYS: None---
Fitzpatrick, Garland,
7.
AIRPORT: A report of qualification of Mr. Joel M. Schlanger as a
member of the Roanoke Regional Airport Commission for a term of four
years ending March 9, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Bowers,
Musser, Trout and Mayor Taylor-
NAYS: None-
Bowles, Fitzpatrick, Garland,
7.
COUNCIL: A communication from Vice-Mayor Beverly T. Fitzpatrick,
Jr., requesting an Executive Session to discuss specific legal matters
requiring the provision of legal advice by counsel, being proposed
amendments to the Consolidation Agreement between the City of Roanoke
and the County of Roanoke, dated February 28, 1990, pursuant to Section
2.1-344 (A) (7), Code of Virginia (1950), as amended, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Vice-Mayor
Fitzpatrick to convene in Executive Session to discuss specific legal
matters requiring the provision of legal advice by counsel, being pro-
posed amendments to the Consolidation Agreement between the City of
Roanoke and the County of Roanoke, dated February 28, 1990, pursuant
to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
84
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
biusser, Trout and Mayor Taylor .............. 7.
NAYS: None ...... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
DOMINION TOWER PROJECT: Mr. J. E. Wright, Business Representa-
tive, Local Union No. 319, United Brotherhood of Carpenters and Joiners
of America, appeared before Council and advised that leaders of the
building trades profession feel an obligation to express their concerns
regarding the Dominion Tower project to be constructed in downtown
Roanoke. He stated that they do not oppose the project, however, they
do oppose the negotiated contract with F. M. Thompson as opposed to
advertising the construction project for competitive bids. He called
attention to a video pertaining to BE & K, advising that F. M. Thompson
is owned by BE & K and BE & K is a non-union contractor which is tra-
velling throughout the United States acting as union busters. He
advised that the United Brotherhood and International Paper Worker
Unions have waged campaigns against BE & K in an effort to encourage
them to work with unions and to discontinue their practice of union
busting.
Mr. Wright presented a 20 minute video wit)) regard to BE & K.
Mr. Donald Fitzgerald, 1606 Orange Avenue, N. W., appeared before
Council and reiterated concern over the Dominion Tower Project and the
negotiated bid with F. M. Thompson which eliminated the competitive bid
process. He stated that the matter is not a union versus non-union
debate, but the way in which jobs are appropriated. He added that it
is not an easy task to tell members of one's own organization that they
will not be allowed to work on a local project because the project will
be constructed by workers from out of state.
The City Attorney was asked to respond insofar as the role of the
City in the matter; whereupon, the City Attorney advised that he had no
knowledge with regard to BE & K nor did he have any knowledge in
respect to the contractor for the Dominion Tower Project. He further
advised that the City would have no contract with any architect or
engineer in respect to construction of the Dominion Tower. He pointed
out that the City does not have the right to inspect the Tower project,
the City has no property interest in the Tower project, the City has no
financial interest in the construction of~ the Tower project, and the
City will not be involved in financing the construction. He explained
that the Dominion Tower project is being constructed by a private party
outside of Charlotte, North Carolina. He stated that the City's only
obligation is to buy a parking garage, when completed, and if completed
85
im
in accordance with approved plans; that no federal or state funds are
being spent on the project and there is no requirement that the City
engage in any competitive bidding in respect to a contractor inasmuch
as the City does not have a relationship with any contractor.
Mr. Dibling advised that he could not speak for the merits of the
video, but perhaps it should have been directed to those persons who
are entering into a contract with the construction contractor to build
the Dominion Tower project.
No action was taken with regard to the matter.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SALE/PURCHASE OF PROPERTY-CHURCHES: The City Manager submitted a
written report advising that a request of Mr. Frank W. Saunders,
Attorney, representing Trustees of the Roanoke Valley Worship Center
Church of God, was made to Council at its meeting on Monday, March 26,
1990, that an Ordinance be adopted authorizing the Church to hold more
than 15 acres of land in the City; that Council referred the matter to
the City Manager and City Attorney for study, report and recommen-
dation; and existing property is approximately 22.02 acres consisting
of three parcels described as Official Tax Nos. 2770112, 6100717 and
6120615, which are currently assessed at $279,500.00.
It was further advised that the Roanoke Valley Worship Center
Church of God has been renting the property for approximately six
months; that the Board of Trustees has contracted to purchase the pro-
perty from the current owner, Greenbrier Christian Academy, Inc., which
was previously owned by Shenandoah Baptist Bible College and Colonial
Baptist Bible College; that the Church's current building plans are to
make use of the existing structures on the site; and any additional
construction on the property would be subject to site plan review and
approval.
The City Manager recommended that Council adopt an ordinance
granting the request of the Church to hold more than four acres of land
in the City, advising that adoption of the request is consistent with
Council's previous actions on similar requests and is also consistent
with current and past use of the property.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
lm
86
ACTION:
(#29996-40290) AN ORDINANCE authorizing the Trustees of Roanoke
Valley Worship Center Church of God to take and hold more than fifteen
(15) acres of land in the City, subject to certain terms and con-
ditions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 568.)
Mr. Trout moved the adoption of Ordinance No. 29996-40290. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............. 7.
NAYS: None ..........................
HOUSING-GRANTS: The City Manager submitted a written report
advising that an application to the Virginia Department of Housing and
Community Development for the Single Family Rehabilitation and Energy
Conservation Loan Program was approved by Council on December 19, 1988;
and execution of an Administrative Agreement with the Department of
Housing and Community Development was authorized by Council on
March 27, 1989, for a $300,000.00 allocation under the Single-Family
Rehabilitation and Energy Conservation Loan Program.
It was further advised that $220,000.00 of the State's Single
Family Rehabilitation and Energy Conservation Loan Programs allocation
is to be used in conjunction with the Home Purchase Assistance Program;
that funds provided from the State's Program will be loaned for the
rehabilitation of substandard houses that are purchased through the
Home Purchase Assistance Program, up to $20,000.00 per house; and
$240,000.00 in Community Development Block Grant (CDBG) funds, compri-
sing a two year cumulative appropriation, was allocated by Council to
this initiative on June 26, 1989, allowing the City to provide loans to
low-moderate income households agreeing to buy approximately 18-20 cer-
tain identified substandard houses through the Home Purchase Assistance
Program, which will be administered jointly by the City and the Roanoke
Redevelopment and Housing Authority as outlined in the City's current
contract for services with the Housing Authority.
It was explained that Council approved initial targeting of the
Home Purchase Assistance Program in Conservation Areas and Rehabilita-
tion Districts within the City's southeast quadrant on December 4,
1989, and said Program is ready to be implemented in subsequent areas;
that real estate options were selected as the best way to allow the
City to implement the Home Purchase Assistance Program, which defines
the property owner's and City's responsibilities under said program,
establish a purchase price for the property, allow the City to access
the property and market the property for sale to qualifying low and
moderate income purchasers in the program through assignment of the
real estate option, which provides for a direct sale of the property
from the current owner to the purchaser selected through the program;
87
i!
ACTION:
that the City will not exercise any option and will not actually
purchase any property in the program; and should the City be unable to
find a buyer for the property, the real estate option would be allowed
to expire.
It was further explained that a real estate option has been exe-
cuted by the individual property owners of a vacant single-family home
located in a subsequent target area; that an option, in the amount of
$19,g00.00, has been offered at 903 Kellogg Avenue, N. W.; and authori-
zation by the City Manager to execute the real estate option with the
individual property owners to allow said property to be marketed
through the Program.
The City Manager recommended that Council authorize execution of
a real estate option at gO3 Kellogg Avenue, N. W., subject to approval
by the City Attorney, with individual property owners of the property
selected for the Home Purchase Assistance Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29997-40290) AN ORDINANCE authorizing a certain real estate
option to be entered into in connection with the Home Purchase
Assistance Program, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 568.)
Mr. Garland moved the adoption of Ordinance No. 29997-40290. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....... 7.
NAYS: None ......... O.
REPORTS OF COMMITTEES:
AIRPORT-CITY PROPERTY: Council Member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee regarding the extension of a lease of City-
owned property to Budget Rent-A-Car, located on the south side of
Municipal Road, N. W.
A staff report advised that execution of a five year renewal of
the lease of a one acre site to Budget Rent-A-Car was authorized by
Council, pursuant to Ordinance No. 29912-11690 dated January 16, 1990;
and extension of the lease was one of the terms of the original lease
which authorized an initial five year lease period and an additional
five year extension on mutually agreeable terms and conditions.
88
ACTION:
It was further advised that Lynn Leasing, successor in interest to
Budget Rent-A-Car, has requested that the lease extension granted pur-
suant to Ordinance No. 29912-11690 be amended to provide for an exten-
sion for an additional five year term on mutually agreeable terms and
conditions, and the right of assignment to permit Lynn Leasing to
assign the lease to any purchaser of the business.
The Water Resources Committee recommended that Council authorize
amendment of the lease for a one acre parcel of land on the south side
of Municipal Road, N. W., to Budget Rent-A-Car, authorized pursuant to
Ordinance No. 29912-11690 to include provisions for an additional five
year term, upon mutually agreeable terms and conditions, and for the
right of assignment to permit Lynn Leasing, successor in interest to
Budget Rent-A-Car, to assign the lease of any purchaser of the business
upon approval by the City Manager, such approval not to be unreasonably
withheld.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29998-40990) AN ORDINANCE authorizing an amendment to the lease
between the City and Budget Rent-A-Car of Roanoke, Inc., for a one acre
parcel of land on the south side of Municipal Road, N. W., upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 570.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........... 7.
NAYS: None ..... O.
BUDGET-WATER DEPARTMENT-PUBLIC WORKS: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee with regard to appropriating
$230,000.00 from the Water Fund Retained Earnings to Water Department,
Account No. 002-056-2160-7020 - Internal Services - Utility Line
Services, to provide sufficient funds for the remainder of the fiscal
year.
A staff report advised that Council approved funds in the fiscal
year 1989-90 budget, in the amount of $750,000.00, for the Water Fund,
Account No. 002-056-2160-7020, Utility Line Services, which was an
estimate of funds needed to cover the cost for normal maintenance of
water lines, hydrants, services, meters, valves, water plant valves,
filters, piping, water service turn-ohs, turn-offs, investigations,
cleaning basins, sludge lagoons and unloading chemicals; and such ser-
'vices are provided by the Utility Line Services Department chargeable
to the Water Fund under Internal Services charging rates and proce-
dures.
89
ACTION:
It was further advised that on February 28, 1990, the Water Fund
Account Utility Line Services showed expenditures in the amount of
$692,042.81 and a balance of $57,957.19; that the high expenditure rate
has resulted from increased repairs to water lines and services damaged
by extensive storm drain projects, curb, gutter and sidewalk projects
and the cold winter with wide temperature fluctuations causing 44 line
breaks in one 14-day period; and appropriation of $230,000.00 from
Water Fund Retained Earnings is needed to provide necessary funding
for Internal Services-Utility Line Services, Account No. 002-056-2160-
7020 through June 30, 1990, based on the best available estimate of the
spending rate for maintenance during that period.
The Water Resources Committee recommended that Council authorize
appropriation of $230,000.00 from Water Fund Retained Earnings to Water
Department, Internal Services - Utility Line Services, Account No.
002-056-2160-7020.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29999-40290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Water Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 569.)
Mrs. Bowles moved the adoption of Ordinance No. 29999-40290. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .................... 7.
NAYS: None ................. O.
BUDGET-SEWERS AND STORM DRAINS: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, in connection with the transfer of
funds for the Water Pollution Control Plant, to provide funds for the
remainder of the fiscal year.
A staff report advised that flows have increased at the Water
Pollution Control Plant by infiltration and inflow of rainwater in the
sewer system; that rainfall reached record levels in 1989; that chemi-
cals are fed proportionally to the flow at the plant; that energy usage
increases proportionally to the flow, i.e., more water to be pumped;
that chemicals and energy accounts were funded for average flows and
are under-funded due to high flows; and funds need to be transferred to
the accounts to ensure treatment for the rest of fiscal year 1989-90.
90
ACTION:
ACTION:
The Water Resources Committee recommended that Council authorize
the transfer of $75,000.00 from STP Maintenance, Account No. 003-056-
3155-2048, to Energy, Account No. 003-056-3160-2024, and $150,000.00
from Fees for Professional Services, Account No. 003-056-3150-2010, to
Chemical Account No. 003-056-3160-2045.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30000-40290) AN ORDINANCE to amend and reordain certain sec-
tions of tile 1989-90 Sewage Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 570.)
Mrs. Bowles moved the adoption of Ordinance No. 30000-40290. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ......... 7.
NAYS: None-- O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:25 p.m., the Mayor declared the meeting in recess.
At 4:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mrs. Bowles moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Bowers and adopted by the following vote:
91
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ......... 7.
NAYS: None ...... -0.
ANNEXATION/CONSOLIDATION: Vice-Mayor Fitzpatrick referred to a
communication under date of March 14, 1990, from Mr. Richard W. Robers,
Chairman, Roanoke County Board of Supervisors, requesting that Council
consider certain modifications to the proposed Consolidation Agreement
between Roanoke City and Roanoke County in connection with composition
of the School Board for the proposed Roanoke Metropolitan Government
(RMG).
(For full text, see March 14, 1990 communication on file in the City
Clerk's Office.)
ACTION:
Mr. Fitzpatrick moved that Council add to the proposed School
Board of RMG one additional member from the territory of the former
County or the territory of the former City whichever has the greater
school census, and one additional member from the Town of Vinton and
that the City Attorney be instructed to seek amendment of the proposed
Charter for the Roanoke Metropolitan Government with respect to the
above modification. The motion was seconded by Mr. Musser and unani-
mously adopted.
There being no further business, the Mayor declared the meeting
adjourned at 4:15 p.m.
APPROVED
Clerk
92
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
April 9, 1990
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 9, 1990, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Re§ular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T. Fitzpatrick,
Jr., Robert A. Garland, Howard E. Musser, James O. Trout and Mayor Noel C.
Taylor ............ 7.
ABSENT: None ......... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend John S. Morris,
Pastor, First Mount Airy Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CITY ATTORNEY-CITY EMPLOYEES: The City Attorney introduced Ms.
Kathleen M. Kronau, Assistant City Attorney, who assumed her duties
with the City of Roanoke on Monday, April 9, 1990.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, April 9, 1990, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Vision Communications,
Inc., that a tract of land lying at the southerly terminus of Bean
Street, N. W., approximately 325 feet south of Hershberger Road, iden-
tified as Official Tax No. 2280601, be rezoned from C-1, Office
District, to C-2, General Commercial District, subject to certain con-
ditions proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, March 23,
1990, and Friday, March 30, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
93
ACTION:
A report of the City Planning Commission advising that the purpose
of the request to rezone is to permit the construction and operation of
an FM radio station, family restaurant, family arcade and miniature
golf course, was before Council.
The Planning Commission recommended that Council approve the
request for rezoning, advising that the proposed zoning and use of the
property is reasonable, and proffered conditions will help minimize any
impact on the neighborhood.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30001) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 228, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 575.)
The motion was seconded by Mr. Bowers.
Mr. Carr L. Kinder, Jr., Attorney, appeared before Council in sup-
port of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 30001 was adopted on its first reading by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ........ 7.
NAYS: None .......
SCHOOLS: Pursuant to Chapter 9, Education, Section 9-20.1, Public
~earing before appointment of School Board Mem-~ers, of the Code ~
City of Roanoke (1979), as amended; and also pursuant to motion of the
Council adopted on Monday, February 12, 1990, the City Clerk having
advertised a public hearing for Monday, April 9, 1990, at 7:30 p.m., or
as soon thereafter as the matter may be heard, to receive the views of
citizens regarding appointment of three School Board Trustees, two for
terms of three years each commencing July 1, 1990, and one vacancy to
fill the unexpired term of Mr. Guy W. Byrd, Jr., resigned, ending
June 30, 1992, the matter was before the body.
Advertisement of the public hearing was published in the morning
and evening editions of the Roanoke Times & World-News, on Friday,
March 30, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
94
Candidates for the three positions are as follows:
Sallye T. Coleman
Charles W. Day
Emanuel C. Edwards
John T. Geary
David K. Lisk
Del vis O. McCadden
Lewis W. Peery
Finn D. Pincus
Denise A. Reedy
The Mayor advised that 19 persons had requested time to address
Council; whereupon, Mr. Garland moved that each speaker be allotted
three minutes in which to make his or her statement. The motion was
seconded by Mr. Trout and unanimously adopted.
Mr. Robert P. Steinmetz, 311 Willow Ridge Drive, Thaxton,
Virginia, spoke in support of the application of Mr. Finn D. Pincus,
advising that he has watched the process of electing School Board mem-
bers over the years because he is an employee of ECPI, an educational
institution in which Mr. Pincus founded and organized in Roanoke. He
called attention to Mr. Pincus' skills of organization, and pointed out
that he is an extremist in excellence, a good planner and manager, an
outstanding person in addressing economic matters, an outstanding
public relations person, he knows how to work with people, he respects
individuals, and he is extremely cooperative, all of which are charac-
teristics that are needed on the Roanoke City School Board.
Mr. Kenneth Robinson, 3202 Avenham Avenue, S. W., spoke in support
of the application of Mr. Finn D. Pincus, advising that he has known
Mr. Pincus for over three years and found him to be extremely capable
in any endeavor he undertakes. He stated that Mr. Pincus has provided
the Roanoke Valley with leadership in many areas which will serve him
well as a School Board member, advising that Mr. Pincus' leadership
role in conducting certain events has provided him with invaluable
experience in organizing volunteers, m~eting budgets, and motivating
others to move toward common goals. He explained that in his position
at ECPI, Mr. Pincus functions much like a school principal inasmuch as
he hires instructors, manages school operations and adheres to a school
budget. He stated that Mr. Pincus has devoted his professional and
volunteer efforts to the betterment of the community's youth. He
further stated that Mr. Pincus is well qualified to serve as a member
of the Roanoke City School Board, and urged that Council give him its
full consideration.
The Reverend Metz T. Coker, 1822 Grayson Avenue, N. W., spoke in
support of the application of Mr. Charles W. Day, advising that Mr.
Day has made tremendous sacrifices for the advancement of the City's
educational system and for the City of Roanoke as a whole. He stated
that Mr. Day has offered himself for the position with considerable
experience, character and dignity, all of which are characteristics he
has shared with the City for numerous years. He added that Mr. Day is
ready to give of himself, just as he did when he served the school
system and accomplished the almost impossible at a time when there were
95
uprisings, however, he managed to keep certain types of situations
under control. He advised that in light of the great programs which
have begun in Roanoke for the days ahead, quality education will be
needed in order to keep the City's dreams alive and bring programs
already initiated to fruition.
Ms. Nadine D. Wheaton, 1613 Lancaster Drive, N. W., spoke in sup-
port of the application of Ms. Sallye T. Coleman, advising that Ms.
Coleman has served successfully as a member of the Roanoke City School
Board for six years and is currently completing her second term. She
stated that Ms. Coleman's success is due, in part, to the fact that she
believes all children have the right to a quality education, regardless
of their background and abilities, and because of that belief, she sup-
ports programs for the gifted, the average, the remedial and the spe-
cial education students. She added that reappointment of Ms. Coleman
would provide continuity to her work. She advised that having been an
educator herself, Ms. Coleman is sincere about the education arena
which is evidenced by her frequent visits to all of the City schools.
Ms. Ruth C. Wilson, 3701 Heritage Road, S. W., Co-President of the
Fishburn Park Elementary School PTA, spoke in support of the applica-
tion of Ms. Sallye T. Coleman, advising that Ms. Coleman's qualifica-
tions are superior. She stated that Ms. Coleman cares for all children
in all sections of the City and she has an interest and a commitment to
equal opportunities in education for all students.
Mr. James W. Burks, Jr., 1836 Grayson Avenue, N. W., spoke in sup-
port of the application of Mr. Delvis O. McCadden, advising that as a
former School Board member, he was privileged to endorse Mr. McCadden
for a seat on the Roanoke City School Board. He stated that Mr.
McCadden is a product of the Roanoke City Public School system, a pro-
duct who chose to remain in the Roanoke area. He advised that Mr.
McCadden has children in the Roanoke City school system and is actively
involved in the William Fleming PTA, even though he has no children
attending William Fleming High School. He stated that Mr. McCadden is
able to look at, process and analyze situations objectively, and he
understands the income, operating and capital budgeting processes. He
added that Mr. McCadden has the interest that is necessary to be
totally involved in the education process of young people, and he will
do a more than admirable job if elected to the Roanoke City School
Board.
Mr. Stanley R. Hale, 3442 Kershaw Road, N. W., spoke in support of
the application of Mr. Emanuel C. Edwards, advising that he has known
Mr. Edwards for more than ten years during which time he has worked
with him on a number of projects and endeavors. He stated that Mr.
Edwards has served as a member of the Board of Directors of the
Southwest Virginia Community Development Fund for a total of six years
and as a member of the Executive Committee for more than five years,
during which time he has been a most conscientious and knowledgeable
Board member. He explained that in addition to his legal background
and knowledge, Mr. Edwards has exhibited special expertise in the areas
of budget and finance, and urged that Council give his application
every consideration.
Ms. Carol T. Farley, 5211 Hawkville Circle, S. W., spoke in sup-
port of the application of Mr. Emanuel C. Edwards, advising that she
has been a part of the educational process for 26 years, and from the
moment she met Mr. Edwards she sensed that he was a sincere, conscien-
tious and caring father. She stated that Mr. Edwards values education
and its importance to individuals and to the community. She advised
that the Roanoke City Public School system would benefit from the
appointment of Mr. Edwards to the School Board, inasmuch as he is an
individual who will bring to the appointment all of the energy and
enthusiasm that is humanly possible and he will take his position very
seriously.
Mr. John R. Wade, 2743 Lofton Road, S. W., Executive Director,
Tinker Mountain Industries, spoke in support of the application of Mr.
Lewis W. Peery, advising that over the years Mr. Peery has shown an
extreme interest in the handicapped, he has been a responsible Board
member, and his contributions have played a large part in the success
of Tinker Mountain Industries. He stated that Mr. Peery's experience
in working with nonprofit agencies and his many other involvements make
him an excellent candidate for a School Board position.
Mr. Alex M. Nelson, 4614 Cordell Drive, S. W., spoke in support of
the application of Mr. Lewis W. Peery, advising that Mr. Peery is a
friend of the Roanoke Valley and he is committed to a lifetime of
devoted service to others. He stated that in appointing a person to
serve on the School Board, Council should look for a well respected
member of the community, someone who has served in a leadership capa-
city, who is willing to fairly represent all of the citizens of the
community without bias, advising that Mr. Peery is such a person
because he will represent fairly the views of all citizens.
The Reverend James A. Allison, Jr., 1869 Greenwood Road, S. W.,
spoke in support of the application of Mr. Charles W. Day, advising
that in doing so he did not suggest that any of the other applicants
were less qualified, inasmuch as the City is extremely fortunate to
have so many qualified people from which to choose. He requested
Council's favorable consideration of Mr. Day because he has served the
City schools as teacher and as administrator, thus, he is familiar with
the needs of students and teachers, as well as administrators.
Mr. Roland L. Lazenby, 2420 South Jefferson Street, spoke in sup-
port of the application of Mr. Emanuel C. Edwards, advising that he has
known Mr. Edwards for seven years during which time he has demonstrated
a caring attitude about the City and the Roanoke City Public School
system.
Ms. Florine L. Thornhill, 819 Centre Avenue, N. W., spoke in sup-
port of the applications of Ms. Sallye T. Coleman and Mr. Lewis W.
Peery. She advised that Ms. Coleman has done her job well and she sup-
ports her for reappointment to the School Board. She stated that she
also supports Mr. Peery's application to the School Board because he
will work hard to serve the interest of all of the children of the com-
munity. She further stated that Mr. Peery's experience in working with
people and organizations throughout the City has been good preparation
97
for membership on the School Board. She added that she has been
acquainted with Mr. Peery for ten years during which time she has come
to know him as a dedicated individual who gives freely of his time and
is very concerned about the City of Roanoke. She advised that Mr.
Peery wants to make the City of Roanoke the very best it can be and he
is willing to work hard to to reach his goal.
Mr. Ralph Smith, 4331 Williamson Road, N. W., spoke in support of
the application of Mr. Charles W. Day, advising that he is a product of
the Roanoke City Public Schools and Mr. Day played a significant role
in keeping him in school which, in turn, made a difference in his life
and made it possible for him to go to college on an athletic scho-
larship. He stated that individuals are needed on the School Board who
touch the lives of young people, and Mr. Day has helped students in
countless ways time and time again. He added that Mr. Day is qualified
for the job he seeks and deserves Council's favorable consideration.
Mr. Claude M. Lauck, 2415 Longview Avenue, S. W., spoke in support
of the application of Mr. Emanuel C. Edwards, advising that education
is essential for the future of the City. He stated that he knows Mr.
Edwards, both professionally and personally; that he sets goals, he is
intelligent, conscientious and disciplined, all of which are talents
that the City would benefit from. He added that Mr. Edwards grew up in
Roanoke and attended the Roanoke City schools which gave him an
experience and perspective that is essential for a School Board member
in order to serve a comunity such as the City of Roanoke.
The Reverend Carl T. Tinsley, 2647 Springhill Drive, N. W., spoke
in support of the application of Mr. Emanuel C. Edwards, advising that
Mr. Edwards has always been serious and dedicated to the efforts he has
sought to achieve. He stated that when he finished law school, Mr.
Edwards came back to the place of his roots, advising that his dedica-
tion for Roanoke is far above the average person, as well as his con-
cern for a quality educational program. He stated that Mr. Edwards is
a fine young man, he has much to offer to the School Board insofar as
his concern for the system and effective analysis of every situation.
He added that Mr. Edwards would be an excellent addition to the School
Board, making it more effective and reaching out to touch the total
con~nuni ry.
Ms. Judith A. Burgess, 4944 Huntridge Road, S. W., representing
the Parent Resource Center for Parents of Special Education Students,
spoke in support of the application of Ms. Sallye T. Coleman, advising
that Ms. Coleman has supported the Center since its inception, she has
attended numerous functions and speaks in favor of the Center whenever
possible. She further advised that Ms. Coler~n's sincere interest in
special education, regular education and the basic function of educa-
tion merits her reappointment to the Roanoke City School Board.
m
98
Mr. William S. Hubard, 2202 Carter Road, S. W., spoke in support
of the application of Ms. Sallye T. Coleman, advising that Ms. Coleman
has served on the School Board for six years, she is now Vice-Chairman
and she served for 30 years in the public schools classroom. He stated
that Ms. Coleman stands tall in her experience, her dedication to the
school system and its mission, and her love for children. He strongly
urged that Council reappoint Ms. Coleman to the Roanoke City School
Board.
Mr. Paul Moyer, 1513 12th Street, N. W., spoke in support of the
application of Mr. Delvis O. McCadden, advising that Mr. McCadden has
the necessary qualifications to be a good School Board member and he is
attuned to the needs of young people. He added that young people need
education and they need people who are interested in them; therefore,
he would like to go on record in support of the application of Mr.
McCadden for appointment to the School Board.
No action was taken on the matter.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, comissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ..................... 7.
NAYS: None--- O.
99
ACTIOn:
ACTION:
ANNUAL REPORTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication
from Ms. Barbara N. Duerk, Chairman, Roanoke Neighborhood Partnership
Steering Con~ittee, transmitting the 1989 Annual Report of the Roanoke
Neighborhood Partnership, was before Council.
(For full text, see con~unication and Annual Report on file in the City
Clerk's Office.)
Mr. Trout moved that the communication and Annual Report be
received and filed. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland,
Trout, Bowers and Mayor Taylor--
NAYS: None-
Musser,
7.
O.
Council
BUDGET-CITY EMPLOYEES-TRAFFIC: A communication from
Member Howard E. Musser advising that approximately 906 City employees
who work downtown have to pay for parking, while the remaining 1,800
employees do not; that this is costly to the individuals making the
same salary as the other employees that work outside of the Municipal
Building, therefore, it is a penalty on those people who have positions
in the downtown area, was before Council.
Mr. Musser suggested that City employees currently working in the
downtown area be given a $15.00 per month parking allowance, or have
free parking provided for them.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to 1990-91 budget
study. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor--- 7.
NAYS: None.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-COMMONWEALTH ATTORNEY-EQUIPMENT: A communication from the
Honorable Donald S. Cai dwell, Commonwealth Attorney, advising that the
Comnmnwealth Attorney's 1989-90 budget request submitted to the State
Compensation Board included a request for funding in capital outlay to
begin an upgrade of their word processing capability and to provide
equipment capable of establishing a records management system; that the
100
ACTION:
ACTION:
Commonweal th Attorney's 1989-90 budget
Compensation Board included $12,618.00
1989-90 budget as approved by Council
capital outlay, was before the body.
as approved by the State
in capital outlay; and the
did not provide funding for
The Commonwealth Attorney recommended that Council appropriate
Compensation Board approved funds, in the amount of $12,618.00, to
Account No. 001-026-2210-9005, Capital Outlay, in the Commonwealth
Attorney's budget; and increase the revenue estimate for shared expen-
ses - Commonwealth Attorney, Account No. 001-020-1234-0610, in the
amount of $12,618.00.
(For full text, see communication on file in the City Clerk's Office.)
The City Manager submitted a written report concurring in the
recommendation.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30002-40990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 571.)
Mrs. Bowles moved the adoption of Ordinance No. 30002-40990. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ...................... 7.
NAYS: None ............
Mr. Trout moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Garland and unanimously
adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CAPITAL IMPROVEMENTS PROGRAM-FLOOD REDUCTION/CONTROL-SALE/
PURCHASE OF PROPERTY: The City Manager submitted a written report
advising that Council concurred in a report under date of October 3,
1989, to designate $200,000.00 from the 1989-90 Capital Maintenance and
Equipment Replacement Program (CMERP) for the Roanoke River Flood
Reduction Project; that Council appropriated $150,000.00 of the desig-
101
nated $200,000.00 to provide funding for the design of the low water
bridges in keeping with a report and recom~nendation under date of
December 18, 1989; and funds are needed to continue land appraisal and
right-of-way acquisition for the project.
The City Manager recommended that Council authorize appropriation
of the remaining $50,000.00 from the 1989-90 Capital Project Fund,
Account No. 008-056-9619-9003, Roanoke River Flood Reduction - Land
Acqui si tion.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30003-40990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Capital Projects Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 571.)
ACTION: Mr. Fitzpatrick moved the adoption of Ordinance No. 30003-40990.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowl es, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .... 7.
NAYS: None-
HOUSING-GRANTS: The City Manager submitted a written report
advising that the Virginia General Assembly has appropriated $43.75
million for the upcoming biennium for various housing programs, most to
be designed and administered by the Virginia Department of Housing and
Community Development (DHCD); and the Emergency Home Repair Program is
one such program, providing grant funds to make emergency repairs to
housing units occupied by low income families/individuals.
It was further advised that Council was awarded a $10,414.00 grant
from the Department of Housing and Community Development in 1988 for
the program; that Council approved a $30,000.0D allocation of CDBG
funds in 1988 and approved an additional $28,375.00 in 1989 in support
of the program; that condemnation of 27 substandard low-income rental
housing units has been avoided by repairs made through the program,
which is administered by the City in cooperation with Total Action
Against Poverty; and Council will be asked to consider allocating
$8,00D.00 in CDBG funds in support of the Emergency Home Repair
Program as a part of the fiscal year 1990-91CDBG program budget.
It was explained that the Department of Housing and Con~nunity
Development has notified the City that grant applications are being
accepted for the upcoming year of funding under the program, of which
$237,500.00 is available statewide; that expected awards to local
administrators will range from $8,000.0D to $10,000.00; that deadline
for submission of the application is April 13, 1990; and an application
has been developed which requests the maximum grant award for the
Emergency Home Repair Program, and provides for the following:
102
Administration by the City in cooperation with
Total Action Against Poverty (TAP), who is respon-
sible for assessing the tenant's income and pro-
viding the rehabilitation repairs.
Program operation will be in conjunction with Code
Enforcement activities, and will be targeted to
occupied rental property that is:
in such bad condition that it may have to be
condemned;
can be stabilized to avoid condemnation by
limited repairs;
whose owner certifies that he/she cannot
afford to make repairs without substantial
rent increases;
the owner is willing to match dollar for
dollar the cost of repairs; and
additionally, units occupied by handicapped
persons in need of handicap accessibility
improvements/repairs are to be targeted.
It was pointed out that the maximum grant on any unit will be
$2,000.00; that of this amount, $500.00 will be from State funds
($1,000.00 if made handicapped accessible), and $1,500.00 from CDBG
funds ($1,000.00 if made handicapped accessible); that the owner is
expected to match grant funds dollar for dollar; that repair costs
exceeding the $2,000.00 grant and $2,000.00 owner match (costs exceed
$4,000.00) would be solely the owner's responsibility; that authoriza-
tion by Council is required by the Department of Housing and Community
Development in order for the City to submit said application; and upon
notification from the Department of Housing and Community Development
that the City will be awarded grant funds, Council will be asked to
authorize acceptance of the grant and to appropriate CDBG funds as a
match.
The City Manager recommended that he be authorized to submit the
application for the Emergency Home Repair Program to the Department of
Housing and Community Development.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
103
m
ACTION:
(#30004-40990) A RESOLUTION authorizing the City Manager, for and
on behalf of the City, to file an application with the Virginia
Department of Housing and Comunity Development for a grant of funds
under the Emergency Home Repair Program; authorizing the City Manager
to accept such grant funds, and providing for a local dollar for dollar
match.
(For full text of Resolution, see Resolution Book No. 51, page 572.)
Mr. Musser moved the adoption of Resolution No. 30004-40990. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles,
irout, Bowers and Mayor Taylor--
NAYS: None ..............
Fitzpatrick, Garland, Musser,
7.
BUDGET-POLICE DEPARTMENT-COMMONWEALTH ATTORNEY: The City Manager
submitted a written report advising that Congress amended 21 USC.
Section 881 el-4, October, 1986, which authorized the transfer of cer-
tain federally forfeited property to state and local law enforcement
agencies that participated in the investigation and seizure of the pro-
perty; and application for an equitable share of property seized by
local law enforcement must be made to the U. S. Department of Justice
and certified by the City Attorney as to the appropriate agency and
representative to receive the property, and the transfer is not prohi-
bited by state and local law.
It was further advised that property including funds shared with
state and local agencies may be used only for the purpose stated in the
application, i. e., narcotics investigations related to law enfor-
cement; that the agency requesting the transfer of property agrees to
pay fees and expenses necessary to effect the transfer; and at the
regular meeting of Council on January 4, 1988, the Director of Finance
was authorized to establish grant fund accounts from which funds may be
dispersed in accordance with provisions of said program.
It was explained that the Police Department receives additional
funds periodically from the Federal Government's Asset Sharing Program;
that action by Council is needed to accept additional funds to be
dispersed in accordance with provisions of the program; that revenues
collected to date for said grant are $228,190.30 and deposited in Grant
Account No. 035-035-1234-7060; that the current revenue estimate is
$204,856.00; that funding received in excess of the revenue estimate,
in the amount of $23,334.39, needs to be appropriated at this time; and
expenditures from the grant to date are $97,626.95.
The City Manager recommended that Council accept additional funds
from the U. S. Department of Justice, Forfeited Property Sharing
Program; and authorize the Director of Finance to establish appropriate
accounts so that funds may be expended in accordance with program
requirements.
(For full text, see report on file in the City Clerk's Office.)
104
ACTION:
ACTION:
Mrs. Bowles offered the following e~rgency budget Ordinance:
(#30005-40990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 573.)
Mrs. Bowles moved the adoption of Ordinance No. 30005-40990. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ............. 7.
NAYS: None .......... O.
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS-SIDEWALKS, CURB AND GUTTER: Council
Member Robert A. Garland, Chairman of a con~nittee appointed by the
Mayor to tabulate bids received for construction of new concrete
sidewalks, entrances, curb and gutter on various streets in downtown
Roanoke, as well as 14th Street, S. E., presented a written report on
behalf of the committee recommending that Council award a contract to
H & S Construction Company, in the amount of $256,287.50; and establish
a contingency, in the amount of $27,300.00.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#30006-40990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 573.)
Mr. Garland moved the adoption of Ordinance No. 30006-40990. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ........... 7.
NAYS: None ........
Mr. Garland offered the following Resolution:
ACTION:
ACTION:
(#30007-40990) A RESOLUTION accepting the bid of H & S
Construction Company made to the City for construction of downtown curb
and sidewalk replacement and 14th Street, S. E., Storm Drain Project;
and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 51, page 574.)
Mr. Garland moved the adoption of Resolution No. 30007-40990. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....................................... 7.
NAYS: None ............. O.
RADIO/TELEVISION (ROANOKE REGIONAL CABLE TELEVISION COMMITTEE):
Council Member Howard E. Musser, Chairman of the Roanoke Regional Cable
Television Committee, presented a written report on behalf of the com-
mittee, advising that following the enactment by Congress of the Cable
Communications Policy Act of 1984, cities were essentially prohibited
from regulating the rates of cable companies, that the Act also imposed
certain other restrictions on local regulation and franchising prac-
tices; and the United States Congress is currently reviewing the status
of cable television regulation.
Mr. Musser explained that there are now a number of legislative
proposals in Congress providing for varying degrees of re-regulation of
cable television; that through the Regional Cable Television Committee,
Roanoke City, Roanoke County and the Town of Vinton are currently
engaged in the re-franchising process with the cable television com-
pany, Cox Cable of Roanoke, Inc., therefore, the measures currently
under consideration in Congress are vitally important to the City of
Roanoke.
Chairman Musser advised that in light of the foregoing, he had
asked the City Attorney to prepare a measure urging the City's
Congressional representatives to restore to municipalities significant
control over the operation and regulation of rates for local cable
television systems.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#30008-40990) A RESOLUTION urging that Congress enact legisla-
tion to restore to municipalities significant control over the regula-
tion of rates and operation of local cable television systems.
(For full text of Resolution, see Resolution Book No. 51, page 574.)
Mr. Musser moved the adoption of Resolution No. 30008-40990. The
motion was seconded by Mr. Trout and adopted by the following vote:
105
106
ACTION:
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor-- 7.
NAYS: None ..... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
AIRPORT-CITY PROPERTY: Ordinance No. 29998-40990 authorizing an
amendment to the lease between the City and Budget Rent-a-Car of
Roanoke, Inc., for a one acre parcel of land on the south side of
Municipal Road, N. W., upon certain terms and conditions, having pre-
viously been before the Council for its first reading on Monday,
April 2, 1990, read and adopted on its first reading and laid over, was
again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
(#29998-40990) AN ORDINANCE authorizing an amendment to the lease
between the City and Budget Rent-a-Car of Roanoke, Inc., for a one acre
parcel of land on the south side of Municipal Road, N. W., upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 570.)
Mrs. Bowles moved the adoption of Ordinance No. 29998-40990. The
~tion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .............. 7.
NAYS: None ........... .0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 8:45 p.m., the Mayor declared the meeting in recess.
At 9:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Trout moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
107
ATTEST:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor--- 7.
NAYS: None ......
There being no further business, the Mayor declared the meeting
adjourned at 9:18 p.m.
APPROVED
City C1 erk
108
COUNCIL .... PUBLIC INTERVIEWS OF SCHOOL BOARD APPLICANTS
April 12, 1990
7:00 p.m.
The Council of the City of Roanoke held a public interview with nine
candidates for the position of School Board Trustee on Thursday, April 12, 1990,
at 7:00 p.m., in the Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with Mayor Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O.
Trout and Mayor Noel C. Taylor- 7.
ABSENT: None .........
OFFICERS PRESENT: Ms. Mary F. Parker, City Clerk.
SCHOOL BOARD APPLICANTS PRESENT: Ms. Sallye T. Coleman, Mr. Charles W.
Day, Mr. Emanuel C. Edwards, Mr. John T. Geary, Mr. David K. Lisk, Mr. Delvis O.
McCadden, Mr. Lewis W. Peery, Mr. Finn D. Pincus and Ms. Denise A. Reedy.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
SCHOOLS: The Mayor advised that on June 30, 1990, the terms of
Ms. Sal)ye T. Coleman and Mr. William White Sr., as Trustees of the
Roanoke City School Board will expire; that there is an additional
vacancy on the School Board due to the resignation of Mr. Guy W. Byrd,
Jr., for a term ending June 30, 1992; and the purpose of the meeting is
to interview nine candidates for the upcoming vacancies.
The Mayor called attention to the following events:
At regular meetings of the City Council held on
January 16 and January 22, 1990, Council announced
its intention to elect Trustees of the Roanoke City
School Board for terms commencing July 1, 1990.
Advertisements were placed in The Roanoke Times &
World-News inviting applications for the upcoming
vacancies. Nine applications were received in the
City Clerk's Office prior to the deadline on
Monday, March 12, 1990. Upon filing, the City
Clerk furnished each applicant with written infor-
mation presribed by Council describing the duties
and responsibilities of Trustees of the Roanoke
City School Board. The mass media was encouraged
109
to make public service announcements of the
impending election of School Trustees and the
selection procedure required.
On March 12, 1990, at 6:00 p.m., Council held a
public reception with the candidates.
On March 19, 1990, Council, as a Committee of the
Whole, reviewed and considered all applications.
At the regular meeting of City Council on Monday,
April 2, 1990, at 2:00 p.m., Council, on motion,
duly seconded and adopted, agreed to accept the
resignation of Mr. Guy W. Byrd, Jr., effective
March 28, 1990, and further agreed to interview all
nine persons who had applied for appointment to the
School Board. The selection process provides, in
part, that the number of candidates to be 9ranted
the interview will not exceed three times the
number of positions available on the Roanoke City
School Board, should there be so many candidates.
Those candidates who were to be accorded the public
interview were notified by the City Clerk on
April 3, 1990.
A notice was published in The Roanoke Times &
World-News inviting the public to attend a public
hearing to receive the views of citizens regarding
appointment of School Board Trustees and to submit
proposed questions to the candidates by filing such
written questions in the City Clerk's Office by
5:00 p.m., Thursday, April 5, 1990.
The Council held a public hearing on Monday,
April 9, 1990, at 7:30 p.m., to receive the views
of citizens regarding appointment of School Board
Trustees.
The Mayor stated that the selection process provides that Council
will publicly interview each candidate separately and out of the pre-
sence and hearing of the other candidates; that Section 9-21, Public
Interview of Candidates, of the Code of the City of Roanoke 197~-, as
amendea, provides, in part, that interviews of the candidates shall
take place in an order deemed appropriate by City Council; that at a
regular meeting of Council held on Monday, July 24, 1989, on motion,
duly seconded and adopted, Council agreed that the number of interviews
would be determined by drawing numbers on the evening of the public
interviews, with the individual drawing the number one to be the first
person to be interviewed; that each candidate will be given the oppor-
tunity to make an opening statement of not more than five minutes, and
thereafter Council may ask such questions, as Council, in its discre-
tion, deems advisable.
110
The Mayor explained that Council would hold nine interviews and
each interview would consist of approximately 15 minutes. He requested
that each candidate draw a number from the container that the City
Clerk would place before them and that they be seated in the Council's
Conference Room and the City Clerk would advise them numerically when
it was time for their interview. He pointed out that after each inter-
view has been completed, the applicant could leave the Council Chamber
inasmuch as no action would be taken by the Council following the
interviews.
The Mayor advised that on Monday, May 14, 1990, at 7:30 p.m., or
as soon thereafter as the matter may be considered, the Council would
hold an election to fill the three vacancies on the Roanoke City School
Board.
The first person to be interviewed was Mr. John T. Geary.
Mr. Geary advised that he attended the Roanoke City Public Schools
from first grade through graduation, having graduated from Jefferson
High School; that his children attended the Roanoke City Public Schools
and he has a great deal of interest in the public schools and in the
children of the City of Roanoke.
Mr. Bowers asked the followin9 question:
QUESTION: Would you be independent minded enough and have the
courage to vote against the recommendation of the School Superintendent
or against the wishes of a majority of the School Board even if you
were the single, sole vote if you felt it was important for you to vote
in such a manner?
ANSWER: Mr. Geary responded that he would have the courage to do
SO,
Mrs. Bowles asked the following question:
QUESTION: As you know, the school budget is relatively fixed.
Approximately eighty-four per cent of the budget is used for personnel
and approximately nine per cent is devoted to operation and maintenance
which means that over ninety per cent represents a fixed budget. Do
you have any ideas with regard to better utilization of the balance of
the money without reducing classrooms or the number of schools pre-
sently in operation?
ANSWER: Mr. Geary responded that he has been a businessman for
most of his life. As an example, he stated that if the school system
wants 12 books, it will ask the School Board for 15 and will usually
get the 12 books as requested; and if seven buses are desired, the
strategy is to ask for more and, in most instances, seven buses will be
approved. He added that all budgets should be studied very carefully
because in some instances budgets are run through too hastily. He
advised that he would study a budget very carefully and if there is
room for changes, he would express his opinion. Not having seen the
111
tm
school budget, he stated that he would have some difficulty in
answering the question; however, he has found by experience that all
budgets have room for just about anything one would like to include in
them. He further stated that certain things have been placed on the
"back burner" for too long in the school budget.
Mr. Fitzpatrick asked the followin9 question:
QUESTION: What do you think is the major strength of the Roanoke
City school system and what do you think is the major weakness of the
school system?
ANSWER: Mr. Geary advised that the major strength of the school
system primarily lies in the teachers; that there are good teachers in
the Roanoke City Public schools and he personally is perplexed and
disturbed when he hears comments that Roanoke County has better schools
than Roanoke City. He stated that if there is a deficiency in the
school system, it would be in the area of public relations, advising
that more involvement by the parents is needed if the school system is
to succeed.
Mr. Garland asked the followin9 question:
QUESTION: What unique qualities do you possess that make you
imminently qualified for the position of School Board member?
ANSWER: Mr. Geary advised that for five years he was the direct
manager for the entire State of Virginia and part of North Carolina for
the Kellogg Cereal Company and he was responsible for a budget of
approximately 30 million dollars per year. He stated that he has per-
formed a considerable amount of paper work, served on boards, par-
ticipated in public speaking engagements in various places as a retired
employee of the postal services department, presently works at Lewis
Gale Clinic and performs civic and volunteer work in his church, all of
which would make him qualified for the position that he seeks. He
added that he is devoted to the children of Roanoke and to the schools
and whether appointed to the School Board or not he will still be
interested in the schools and in the children of Roanoke and, to this
end, he intends to volunteer his services every Tuesday at Westside
Elementary School.
Mr. Musser asked the followin9 question:
QUESTION: The gifted students in the school system go on to
college and make a way in life for themselves. The average student is
receiving the proper attention. Roanoke has a sizable drop-out rate.
What incentives could be offered to keep children in school and/or pre-
pare those children who will inevitably drop out of school to make
their way in life?
112
ANSWER: Mr. Geary advised that schools should be made more
interesting to the students. He stated that parents need to be more
involved with their children, and if the parent is involved, the child
will become more interested in what he or she is doing. Of primary
importance, he pointed out that more emphasis needs to be placed on
alcohol and drug abuse beginning in the second, third and fourth grade
1 evel s.
Mr. Trout asked.~he followin9 question:
QUESTION: If you had to choose between an increase in the budget
for a program for the gifted student or an increase in allocation for a
program for the average student, which program would you choose?
ANSWER: Mr. Geary advised that he would be inclined to increase
the budget to include funds for the average child. He stated that
approximately 33 per cent of the students in the City school system
come from deprived homes, advising that there are between 250 and 300
children in the Magnet Schools and there should be at least 400. He
further stated that he has been highly interested in the Magnet School
Program which has not lived up to its fullest expectations, advising
that he would like to see the program continue for another two years
and if it is not successful, the Magnet Program should be discontinued
and the funds should be directed elsewhere. He added that the Magnet
School Program could be successful if it is properly coordinated bet-
ween the administration, the classroom teacher and the School Board.
The MaNor asked the following question:
QUESTION: What do you believe is the greatest need in the Roanoke
City School system of public education today, and what should be done
to address that need?
ANSWER: Mr. Geary advised that more nurses are needed in the
school system, full day kindergarten classes are needed, more emphasis
needs to be placed on drugs and alcohol abuse in the schools, and
teachers need to be kept satisfied through appropriate salary
increases.
The second person to be interviewed was Mr. Delvis O. McCadden.
Mr. McCadden advised that being a graduate of the Air Force
Academy and having participated in professional baseball has given him
the type of demeanor and structure that is needed to be a good School
Board member. He stated that his connections in the business field
have helped him to become a good negotiator and to obtain an under-
standing of the views of other people. He further stated that he is a
product of the Roanoke City school system, having graduated from the
system; that he went away to college, returned to Roanoke and taught in
the City school system. He added that his children attend the Roanoke
City school system and he takes pride in being actively involved in
what they do; that he is an active participant in the William Fleming
113
High School PTA and the Westside Elementary School PTA; and he serves
on the Board of the Roanoke Valley Youth Hockey Association and the
Board of the Inner City Youth Athletic Association. He stated that
teaching in the City school system gave him the opportunity to interact
with children and it gave him an understanding of how kids think; and
working with the PTA's has given him a chance to see how parents view
the school system. He explained that being in the business field has
given him an opportunity to see how other people view the school
system; that many times the media and the public are not communicated
with and the public's perception of what happens in the school system
may be inaccurate, therefore, he could render assistance in correcting
that perception. He spoke in favor of the concept of the Magnet School
Program because it did a lot of things to help desegregation in
reverse. He referred to the work that is being done for disadvantaged
youth which now number 40 per cent of the City's school population. He
stated that public perception is the key; that the public perceives
Roanoke as having a bad school system and the right type of public
relations job has not been done thus far, and if elected to the School
Board, he could be of assistance in improving the public's perception
of the Roanoke City School system.
Mrs. Bowles asked the followin9 question:
QUESTION: As you know, the school budget is relatively fixed.
Approximately eighty-four per cent of the budget is used for personnel
and approximately nine per cent is devoted to operation and maintenance
which means that over ninety per cent represents a fixed budget. Do
you have any ideas with regard to better utilization of the balance of
the money without reducing classrooms or the number of schools pre-
sently in operation?
ANSWER: Mr. McCadden advised that the School Board needs to edu-
cate the public and to let the public know that its priorities rest
with the children, and if the children are the number one priority,
teachers should be given whatever is necessary in order to get the job
done. He stated that the City has reached the point where it is doing
what the State mandates, but the system is not performing above State
mandates. He pointed out that from his review of the budget document,
it is clear that the School Board wants Roanoke to have a better school
system; and additional funds could be and should be demanded from the
State because they are a necessity which, in turn, would provide
teachers and students with more programs.
Mr. Fitzpatrick asked the followin9 question:
QUESIION: What do you think is the major strength of the Roanoke
City school system and what do you think is the major weakness in the
school system?
ANSWER: Mr. McCadden advised that the major weakness of the
school system is the rapport that the administration has with Council,
the School Board and the public. He stated that public relations is
another weakness. He added that major strengths rest in the programs
114
that have been added in the past few years for exceptional children
(children on both ends of the spectrum), which programs have been
outstanding, advising that the Magnet School Program was an excellent
idea and a model for other school systems.
Mr. Garland asked the following question:
QUESTION: This year the School Board and administration have
requested funds for a full day kindergarten. Recently, I have received
telephone calls and letters from concerned parents indicating that full
day kindergarten would take the child out of the home and away from the
parent's supervision a little too early in life. What is your position
regarding full day kindergarten?
ANSWER: Mr. McCadden advised that full day kindergarten tends to
take the child out of the home setting a little early and causes the
child to get too serious too early in their lifetime. On the other
hand, he stated that it depends upon where one's goals are and if the
desire is to become the best school system there is and compete with
European nations, etc., that adhere to structured school settings from
grade four on. Therefore, he explained that the answer to the question
would depend upon where one wants the school system to be in 20 years
because people of that era will become the City's future leaders.
Mr. Musser asked..the following question:
QUESTION: The gifted students in the school system go on to
college and make a way in life for themselves. The average student is
receiving the proper attention. Roanoke has a sizable drop-out rate.
What incentives could be offered to keep children in school and/or pre-
pare those children who will inevitably drop out of school to make
their way in life?
ANSWER: Mr. McCadden advised that a considerable amount of the
problem rests in the fact that the system does a good job of educating
the children, but a poor job of educating the parents which applies to
society as a whole. He pointed out that in parent-teacher conferences,
it is always the parents of good students who attend, advising that the
answer could be through the establishment of an organization outside of
the school system where a child could participate in a structured
program but in order to participate, that child would have to maintain
a certain level in his or her school work. He called attention to
excellent programs such as Lawson Hall Vocational Center which provides
students who are unable to complete school or those who do not wish to
complete school with a trade as a start in life. He stated that more
time should be devoted to the vocational students, particularly at the
high school level.
Mr. Trout asked the following question:
QUESTION: If you had to choose between an increase in the budget
for a program for the gifted student or an increase in allocation for a
program for the average student, which program would you choose?
115
ANSWER: Mr. McCadden advised that there are more average students
than there are students of other categories in the school system, and
he would be inclined to gear the budget toward programs for the average
child.
lhe Mayor asked the following question:
QUESTION: What do you believe is the greatest need in the Roanoke
City School system of public education today,- and what should be done
to address that need?
ANSWER: Mr. McCadden advised that the greatest need facing the
school system today is the interaction between parents and the school
system itself. He stated that School Board members, teachers and prin-
cipals need to get the parents in tune with what is going on in the
school system.
Mr. Bowers asked the following question:
QUESTION: Would you be independent minded enough and have the
courage to vote against the recommendation of the School Superintendent
or against the wishes of a majority of the School Board even if you
were the single, sole vote if you felt it was important for you to vote
in such a manner?
ANSWER: Mr. McCadden advised that he is a free thinke~ and he
speaks his mind in a tactful way. He stated that he has no qualms of
conscience about voting against something if he does not believe it to
be the right choice, nor would he have a problem voting against the
Superintendent if he feels he is wrong, or siding with the Superinten-
dent if he feels he is right. He stated that he wants what is right
and what is fair for every child in the school system and he uses his
own children as examples in every instance as to how he thinks
something will affect his children or the relationship of the system
with his children. He further stated that he wants 'the best for
everyone, but if that means he has to 9o "against the grain," he would
be willing to do so and would be willing to suffer the consequences, if
necessary.
The third person to be interviewed was Ms. Denise A. Reedy.
Ms. Reedy advised that to be a member of the School Board is a
great responsibility; that a good School Board member should be one who
takes on the responsibility, not just for the title, but to be an
active participant in the educational process in the City, realizing
that decisions made may not always be popular ones; that special
interest groups may feel that their needs should be given priority, but
keeping in mind at all times that the main goal is to give the children
of the City of Roanoke the very best education available. She stated
that there are two important questions that need to be answered; viz:
will quality education be made a priority in this City and will all
forces work together as a unit to accomplish this goal. She further
stated that there are a lot of children in the system with special
needs, but all of these children are gifted in one area or another and
116
their accomplishments should be reinforced and assistance should be
given in areas of need. She added that children need to be given a
feeling of self-worth and to realize that they are an important part of
this City. She explained that one of the most important issues facing
the School Board and other School Boards in Virginia is equity in
school funding; that taxpayers in this state are no longer willing to
sit idly by while mandates are passed down by the state, mandates that
are not always funded by the state, and it is time to put the state on
notice that citizens expect legislators to make education a priority
and for them to take a more active role in funding the schools.
Mr. Fitzpatrick asked the following, question:
QUESTION: What do you think is the major strength of the Roanoke
City school system and what do you think is the major weakness of the
school system?
ANSWER: As a strength, Ms. Reedy advised that in the past few
years, the system has tried to make a conscientious effort to reach
those children with certain needs such as children from one parent
families, children where both parents work, or from situations at home
in which most people have no idea of the problems that they face on a
daily basis such as Ilo food on the table or clothes to be worn and
these are needs that schools would not normally have to face. She
stated that insofar as a weakness, the schools need to provide a full
time in-house alternative education program, advising that children
bring problems to school and the school situation suffers because that
child does not fit into the mold as well as other students, and the
education of other students suffer because of this disruption of educa-
tion in the classroom setting.
Mr. Garland asked the following question:
QUESTION: What unique qualities ~o you possess that make you
imminently qualified for the position of School Board member?
ANSWER: Ms. Reedy advised that the one and only reason she has
ever considered running for the School Board is the children; that she
has children in the school system and has a personal stake in whether
the system is a success. She stated that she has no political motives,
she is not employed outside of the home, and could and does spend a
considerable amount of time in the schools. She further stated that
she could relate to some of the needs in the school system and be of
service.
Mr. Musser asked the following question:
QUESTION: The gifted students in the school system go on to
college and make a way in life for themselves. The average student is
receiving the proper attention. Roanoke has a sizable drop-out rate.
What incentives could be Offered to keep children in school and/or pre-
pare those children who will inevitably drop out of school to make
their way in life?
117
ANSWER: Ms. Reedy advised that the alternative education program
would greatly help those students who have the potential of becoming
drop-outs with fully trained counsellors who are familiar with the
types of situations that these students face. She stated that the
alternative education program could work in partnership with existing
businesses in the Roanoke Valley by holding seminars, etc., in an
effort to teach the students how to succeed in the work force.
Mr. Trout asked the following question:
QUESTION: If you had to choose between an increase in the budget
for a program for the gifted student or an increase in allocation for a
program for the average student, which program would you choose?
ANSWER: Ms. Reedy advised that she would be inclined to continue
the programs for the average student. She stated that the gifted child
will succeed no matter what; however, it is the average child that
sometimes "slips through the cracks."
Mr. Bowers asked the followin~ question:
QUESTION: Would you be independent minded enough and have the
courage to vote against the recommendation of the School Superintendent
or against the wishes of a majority of the School Board even if you
were the single, sole vote if you felt it was important for you to vote
in such a manner?
ANSWER: Ms. Reedy advised that she is a strong willed person and
if she felt that a decision was about to be made that was not to the
betterment of the majority of students of the Roanoke City schools, she
would not hesitate to voice her opinion. She stated that she would
have to study the issue and make certain that her information was
correct before voting for or against.
Mrs. Bowles asked the following question:
QUESTION: As you know, the school budget is relatively fixed.
Approximately eighty-four per cent of the budget is used for personnel
and approximately nine per cent is devoted to operation and maintenance
which means that over ninety per cent represents a fixed budget. Do
you have any ideas with regard to better utilization of the balance of
the money without reducing classrooms or the number of schools pre-
sently in operation?
ANSWER: Ms. Reedy advised that guidance programs need funding and
guidance counsellors are needed in the elementary schools so that
problems can be corrected before a child reaches high school. Further,
she stated that full time principals are needed at each school.
The Mayor asked the followin9 question:.
QUESTION: What do you believe is the greatest need in the Roanoke
City School system of public education today, and what should be done
to address that need?
118
ANSWER: Ms. Reedy advised that equity in school funding should be
first and foremost; that legislators need to know that there are
parents who expect state government to make conscientious decisions
that education will be one of their top priorities; and if the state
passes down mandates, it should be willing to fund those mandates.
At 8:25 p.m., the Mayor declared the meeting in recess.
At 8:40 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
The fourth person to be interviewed was Mr. David K. Lisk.
Mr. Lisk advised that Roanoke has an excellent school program and
administration. He stated that tile Roanoke City School system is
spending considerable money to do a good job with the gifted program,
thereby recruiting the interest of people in outlying areas. He
further stated that the City of Roanoke is spending large sums of money
for children that are handicapped or have learning disabilities or come
from single parent or low income homes, and consequently, it is
necessary to spend more money for that particular segment of the school
population. He explained that too many students in the primary grades
are being promoted who are not ready for promotion which is one of the
reasons that the City's drop-out rate is high and there are some who
are graduating from high school who cannot read or write properly, or
speak proper English. He stated that until the City is ready to do a
better job in the first primary grades by reducing the size of class-
rooms and by having more concentrated effort on reading, writing and
arithemetic and allowing some of the other extracurricular activities
to be pursued after fourth grade, the City will not have a better
school system. He pointed out that this is an issue that he has seen
in Roanoke, as well as other areas, and he hopes that someday Roanoke
will have a School Board that will give proper attention to the
problem. He stated that the experience he has gained as a City Council
Member, as well as three years previous experience on the School Board,
has given him the knowledge of what needs to be done in the field of
education.
Mr. Garland asked the following question:
QUESTION: The School Board is often times seen as being anti-
administration or anti-Dr. Tota or pro-administration or pro-Dr. Tota.
Some members are known as rubber stamps for the administration. What
is your philosophy in this respect?
ANSWER: Mr. Lisk advised that when he served on the School Board,
he did not do as much speaking out in open session as he should have
because he wanted the City's image of the school system to be as good
and as highly received by the public as possible. He stated that there
is a problem and he did not know how to go about overcoming the problem
119
(!
unless more people serve on the School Board who have a genuine
knowledge, concern and understanding for education, rather than playing
politics and favorites with the administration or City Council. He
further stated that Council will have to keep changing School Board
members until it gets the right combination, one that demonstrates a
concern for education and not whether they are pro-administration or
anti-admi ni stration.
Mr. Musser asked the follo~.n9 question:
QUESTION: The gifted students in the school system go on to
college and make a way in life for themselves. The average student is
receiving the proper attention. Roanoke has a sizable drop-out rate.
What incentives could be offered to keep children in school and/or pre-
pare those children who will inevitably drop out of school to make
their way in life?
ANSWER: Mr. Lisk advised that too many children are being pro-
moted from first grade who are not ready for second grade. He stated
these kinds of children either need to be held back a year to give them
that extra foundation or smaller class sizes are needed in the first
three grade levels so that there is a one to one ratio. He further
stated that the system of time slot allocation for reading, writing,
arithemetic and science is not proper to the number of hours in a day
when a teacher has more than one or two levels of children to teach.
He added that there is very little discipline in the school system
today as compared to 20 years ago which makes it harder on a teacher
when dealing with a problem child. He explained that alternative edu-
cation programs are needed for the first three or four primary grades
to work with both the child and the parent. He called attention to the
need for a Right to Read program in order to teach low income parents
how to read so they will be in a position to help their children with
second grade homework, etc. He stated that if a concentrated effort
could be made and if in the range of $600,000.00 - $800,000.00 could be
spent in the primary grades by reducing the class sizes and by working
with the children on a smaller ratio, the drop-out rate would be signi-
ficantly reduced in the future.
Mr. Trout asked the following question:
QUESTION: Do you feel the Magnet School Program is benefiting the
chi)dren? Is it successful, and if not, how would you improve the
program?
ANSWER: Mr. Lisk advised that the Magnet School Program has not
brought about the reallocation of race between the community that was
originally hoped for and, therefore, it has created certain problems.
He stated that it was thought that funding would be forthcoming from
the Federal Government for the next two years, but the program was not
refunded as expected and therefore, a real financial crisis was created
for the City. He called attention to the need to discontinue some of
the least successful programs and retain those programs that are most
successful. He expressed concern regarding the special program at
Northwest Elementary School in which it is proposed to place uniforms
on all of the children which is expensive, and the results of the
program may not be worth the expenditure.
120
Mr. Bowers asked the following, question:
QUESTION: Would you be independent minded enough and have the
courage to vote against the recommendation of the School Superintendent
or against the wishes of a majority of the School Board even if you
were the single, sole vote if you felt it was important for you to vote
in such a manner?
ANSWER: Mr. Lisk advised that when he served on the School Board,
he argued his viewpoints in Executive Session and when he found that he
was by himself on a certain issue, he sometimes went along with the
majority on the basis that it was not going to make any difference
anyway; however, he now realizes that in certain instances that was a
mistake because people perceived his inaction as meaning that he agreed
with everything the School Board or the administration did. He stated
that if he were chosen to serve another term on the School Board, he
would have to speak out when necessary and offer alternative proposals.
Mrs. Bowles asked the fQllowin9 question:
QUESTION: As you know, the school budget is relatively fixed.
Approximately eighty-four per cent of the budget is used for personnel
and approximately nine per cent is devoted to operation and maintenance
which means that over ninety per cent represents a fixed budget. Do
you have any ideas with regard to better utilization of the balance of
tile money without reducing classrooms or the number of schools pre-
sently in operation?
ANSWER: Mr. Lisk advised that School Board members get caught up
with the excitement of new programs and go overboard in getting those
kinds of programs that look glorious to the general public and cost a
lot of money while, at the same time, they do not talk about the
programs that are suffering. He stated that having had three years
experience on the School Board and seeing both sides of the spectrum,
he realizes that it must be a balanced effort and he has advised the
administration that it is trying to do too many things. He further
stated that teachers are asked to do too much and to operate on a
"shoe-string" budget. He pointed out that teachers are being asked to
sacrifice too much so that the system will look good, but when teachers
are asked to make those kinds of sacrifices for more than one year, the
system needs to delete certain programs, evaluate certain programs and
cut back so that existing programs may be done well. He stated that
more money needs to be spent on education, and school facilities need
to be used on a daily basis, 12 months a year, which means that the
school system must start preparing its buildings.
Mr. Fitzpatrick asked the following question:
QUESTION: What do you think is the major strength of the Roanoke
City school system and what do you think is the major weakness of the
school system?
121
ANSWER: Mr. Lisk advised that the major strength is that the
system has so many diversified programs such as the Governor's School,
some of the Magnet Schools, and the Right to Read program in the pri-
mary grades.
The Mayor asked the following) question:
QUESTION: What are three of the most important things that you
would propose to address early on in your tenure if you are reelected
to the School Board?
ANSWER: Mr. Lisk advised that he would more vigorously voice his
opinions in a way that the citizens of the City of Roanoke would hear
what he had to say. He stated that the number one project in Roanoke
should be to properly educate each child in preparation for fourth
grade which commences an entirely new level of learning.
The fifth person to be interviewed was Mr. Finn D. Pincus.
Mr. Pincus advised that if elected to the School Board, he would
be visible in the schools, and from his experience as Director of ECPI
and Assistant Dean of Students at Averett College, he believes very
strongly in the philosophy of "management by walking around." He
stated that he would ask questions; that with his experience in the
business of education, he has an understanding of the questions that
need to be asked and, in addition, he realizes that there sometimes may
be more than one right answer and more than one opinion; and he would
be willing to take the time to find out what others are thinking and
feeling. He further stated that making good decisions requires
knowledge in a variety of areas and he would be willing to do his
homework in order to gain the necessary knowledge. He added that he
would develop a good working relationship with current members of the
School Board and school officials; and good communication skills and
the ability to work well with others has enabled him to run a quality
school that operates with strong teamwork. He noted that the statement
has been made that he is single and has no children, therefore, why
would he be interested in serving on the School Board? Mr. Pincus
advised that he has a strong interest in helping the community and his
background in the Roanoke Jaycees and the Youth Services Citizen Board
will support that statement. He pointed out that as Director of ECPI,
he is responsible for over 300 students per year and more come from the
Roanoke City school system than any other school system. Like a
parent, he stated that he has a vested interest in Roanoke City gra-
duates getting a good education. He advised that during his visits to
the City schools, he has continued to meet qualified administrators and
caring, capable teachers. He stated that Roanoke has a school system
that compares favorably with those school sytems in Virginia Beach,
Norfolk, Hampton, and Richmond, as well as Greensboro and Charlotte,
North Carolina, but there is room for improvement. He explained that a
122
School Board member must have a good understanding of current programs,
he or she must be a person who will keep abreast of the changing needs
of the students in a fast moving society, a Board member must be aware
of current concerns raised by both administrators, teachers and stu-
dents, and a person is needed who has the work background to assimilate
all of this information. Mr. Pincus advised that he is that person.
Mr. Musser asked the following question:
QUESTION: The gifted students in the school system go on to
college and make a way in life for themselves. The average student is
receiving the proper attention. Roanoke has a sizable drop-out rate.
What incentives could be offered to keep children in school and/or pre-
pare those children who will inevitably drop out of school to make
their way in life?
ANSWER: Mr. Pincus referred to certain new programs which com-
menced at the two high schools in late January, advising that under one
program, if a student is absent one day, school officials call the
parent; that under the other program, the high school calls the parent
if the child has been absent for two days, and after a student has been
absent for five days, the parents are invited to attend a meeting of a
review board which is held at the end of the nine week period. He
explained that the parents are not told exactly which five days the
student was absent because parents are sometimes willin~ ':o cover up
for their children. He stated that the student is puni~ed for missing
too many days during the nine week period and does fail the nine week
phase, however, the good news is that the system does not encourage the
student to leave the program. With regard to potential drop-outs, he
explained that they will go to work and hopefully become taxpaying
citizens, therefore, the system needs to do an interest assessment to
determine their skills and their areas of interest because currently
the budget has a variety of different vocational programs that are
underutilized.
Mr. Trout asked the following question:
QUESTION: If you had to choose between an increase in the budget
for a program for the gifted student or an increase in allocation for a
program for the average student, which program would you choose?
ANSWER: Mr. Pincus advised that he would want to make a study and
determine which program was the most effective for the most students
per dollar. He stated that he would choose the most effective program.
Mr. Bowers asked the followin~ question:
QUESTION: Would you be independent minded enough and have the
courage to vote against the recommendation of the School Superintendent
or against the wishes of a majority of the School Board even if you
were the single, sole vote if you felt it was important for you to vote
in such a manner?
123
ANSWER: Mr. Pincus advised that he would have to investigate the
matter, talk with people, ask their opinion, and if he felt a decision
was right, no matter if it disagreed with Dr. Tota or any other Board
member, he would have to make the decision that he felt was right for
him.
Mrs. Bowles asked the following question:
QUESTION: As you know, the school budget is relatively fixed.
Approximately eighty-four per cent of the budget is used for personnel
and approximately nine per cent is devoted to operation and maintenance
which means that over ninety per cent represents a fixed budget. Do
you have any ideas with regard to better utilization of the balance of
the money without reducing classrooms or the number of schools pre-
sently in operation?
ANSWER: Mr. Pincus advised that there are some areas that are
under utilized. He stated that there are a considerable number of com-
puters in the Lawson Building at Patrick Henry High School that are not
being used. He referred to the print shop equipment in Gibboney Hall
which is being under utilized, therefore, if a way could be found to
let letting more schools know about existing capabilities and job
opportunities, better utilization would be realized.
Mr. Fitzpatrick asked the following question:
QUESTION: What do you think is the major strength of the Roanoke
City school system and what do you think is the major weakness of the
school system?
ANSWER: Mr. Pincus advised that the major strength of the school
system rests with the people working in Roanoke City who are top-notch
personnel because every teacher he has talked with appears to be caring
and concerned about the students and wants to see them succeed. He
called attention to many innovative programs. In terms of weakness,
like any business, he advised that a limited budget holds the system
back. He stated that current changes in society must be reacted to,
one of which will be the growing number of teen-age mothers and more
money will have to go into programs designed to deal with the problem.
He added that certain changes which the system cannot control tend to
hurt a school system that wants to take care of its own.
Mr. Garland asked the following question:
QUESTION: What are some of your ideas about addressing the drug
and alcohol problem in the schools?
ANSWER: Mr. Pincus referred to the DARE Program (Drug Abuse
Resistance Education) in which a teacher talks with fifth graders one
day a week per semester about drug abuse, self-esteem, how to say no,
what to do if someone approaches them about drugs or alcohol, etc.,
advising that it is vitally important to work on this issue at a young
124
age. He stated that by bringing realism into the program and explain-
ing to students what can happen if they use drugs or alcohol may help
prevent some students from becoming users. He further stated that
parents need to be the pushers in terms of getting the children
interested in other things such as music, sports and extracurricular
activities.
The MaNor asked the following question:
QUESTION: Do you think more emphasis needs to be placed on voca-
tional and technical training in our school system for the benefit of
students who may not have the money for a college education or tech-
nical skills in order to find their rightful place in the work force?
ANSWER: Mr. Pincus advised that he believes there is a great need
for vocational education, but not necessarily because there are stu-
dents who do not have the money to go to college. He stated that from
a global outlook, the Japanese and Western Europeans in the education
field are outshining the United States and, as a result, from a tech-
nical standpoint, America is lagging behind. He stated that a few
years ago, if a product had a label that read, "made in Japan", it
meant cheap and imitated which is not the case any longer, and pre-
sently something made in Japan is considered to be of high quality,
perhaps higher quality than American made products. He stated that
from a global standpoint, there is a great importance for all schools
to place emphasis on technical training. He pointed out that there are
many people who do not have the money to invest in a four year liberal
arts education, or a four year investment is not what they aKe looking
for, therefore, the question is a matter of time and perspective in
order to determine what is right for them, and a lot of very bright
people select a technical trade because that is where their interest
lies.
The sixth person to be interviewed was Mr. Emanual C. Edwards.
Mr. Edwards advised that the Roanoke City public school system
stands at a threshold; and the Roanoke Valley will vote on the question
of merger in the fall and if passed, the merger will improve the econo-
mic viability of the Roanoke Valley and the ability of the Roanoke
Metropolitan Government to fund the needs of the merged school system.
He stated that if the voters of the Roanoke Valley reject the merger,
Council will still need to prepare youngsters for successful entry into
the new century, but regardless of the outcome of the merger vote,
Roanoke must grasp the opportunity to create a mutual educational
system and it must raise the horizons of youngsters whose horizons are
diminished by poverty, or drug infested communities, or the prospect of
premature parenthood, and regardless of the outcome of the merger vote,
Roanoke must pay its teachers salaries which are competitive and will
continue to attract and retain quality educators. He pointed out that
125
School Trustees must be prepared to uphold school administrators when
they are right and to confront them when they are wrong; and School
Trustees must demand accountability at all times for the scarce tax
dollars that Council allocates to fulfill the mission of the schools.
He stated that Roanoke has an educational system that no other school
district in Southwest Virginia has--a rich diversity of people and
cultures--and in that educational asset lies the availability to pre-
pare Roanoke's children to meet the challenges of the twenty-first cen-
tury in which there will be an international economy, global markets,
and an educational system can and must teach the three r's in large
measure, as well as learning how to get along with one's fellowman. He
stated that officials can throw dollars at the Roanoke City Public
School system in an attempt to equalize its programs with those of the
County, but the County can never equalize its system with Roanoke's
unless the merger is passed. He further stated that the County has a
culturally, socio-economically and for the most part racially homoge-
neous population, and children may come to maturity in that environment
ignorant of what it is like to get along with anyone other than those
who look like themselves which would be a handicap in the twenty-first
century. He added that he came from a poor single parent home, but
that fact did not matter in determining his educational horizons, but
what did matter was the fact that he had a poor single parent who cared
and actively participated in his educational endeavors, and the fact
that he was given the opportunity to attend nursery school and kin-
dergarten prior to entering the first grade. Ne con~nented that Roanoke
needs to implement a solid preschool program because without such a
program, a large segment of the preschool population will enter the
first grade behind their more average peers which will lead to under
achievement, In the coming years, he pointed out that issues will pre-
sent themselves to School Boards that will take as much courage in
their responsibility as the segregation or integration questions of the
Civil Rights and Massive Resistance eras, such as questions regarding
extending a free and appropriate education to children with Aides and
the proper way to teach children about drugs and alcohol and sexual
matters. He added that School Boards will need to develop a policy
concerning allowing senior citizens to interface with youngsters,
thereby imparting wisdom to the young and reestablishing elder citizens
to a position of respect in this society. He stated that School Boards
will need to develop a policy that will allow the much needed teaching
of ethics in the schools, teaching a child that taking the easy way out
often leads to the stunted development of that child's potential, or
teaching a child that cheating on a test may lead to the lessening of
that child's self-esteem and moral discipline. He further stated that
developing and maintaining quality educational programs in times of
austerity challenge the talents of the most gifted School Trustees. He
advised that Council has the opportunity to meet these challenges head
on; that School Trustees must have the vision and the energy to meet
these challenges and the fate of the Roanoke Valley in the twenty-first
century will, in large measure, be governed and shaped by Council's
choices.
126
Mr. Trout asked the f?]lowin9 question:
QUESTION: If you had to choose between an increase in the budget
for a program for the gifted student or an increase in allocation for a
program for the average student, which program would you choose?
ANSWER: Mr. Edwards advised that he did not think that the budge-
tary process would ever reach that level, however, before he would vote
to choose one program over the other, he would have to do a careful
analysis of what is provided to each program in the current budget. He
stated that all children within the school system are entitled to a
free and appropriate public education and if there is an imbalance, he
would be inclined to vote in such a manner as to establish a balanced
type of situation.
Mr. Bowers asked the following question:
QUESTION: Would you be independent minded enough and have the
courage to vote against the recommendation of the School Superintendent
or against the wishes of a majority of the School Board even if you
were the single, sole vote if you felt it was important for you to vote
in such a manner?
ANSWER: Mr. Edwards advised that under any circumstance that he
felt it was in the best interest of the Roanoke City public school
system to do so, he would not hesitate to vote against a recommendation
of the Superintendent of Schools or the School Board.
Mrs. Bowles asked the following question:
QUESTION: As you know, the school budget is relatively fixed.
Approximately eighty-four per cent of the budget is used for personnel
and approximately nine per cent is devoted to operation and maintenance
which means that over ninety per cent represents a fixed budget. Do
you have any ideas with regard to better utilization of the balance of
the money without reducing classrooms or the number of schools pre-
sently in operation?
ANSWER: Mr. Edwards advised that the largest budgetary line item
in the Roanoke City school system is in the area of personnel which is
where he would first look for leverage in freeing up dollars to develop
programs or to promote programs currently in place or to create new
programs. He stated that the system has been trying to operate more
efficiently and in trying to do so, it may involve closing schools at
some point. He further stated that if a school has a low student popu-
lation and to operate that school places a burden on scarce tax
dollars, he would not hesitate to vote in favor of closing the school
which would mean that some educators would loose their jobs.
Mr. Fitzpatrick asked the following question:
QUESTION: What do you think is the major strength of the Roanoke
City school system and what do you think is the major weakness of the
school system?
127
ANSWER: Mr. Edwards advised that the system as it currently
operates is attractive to people wtth special talents, as well as the
gifted student, whether they be intellectually gifted or in terms of
the performing arts, which factor is a selling point for people coming
into the Roanoke Valley, and could elevate the tax base of the Valley.
He stated that he still senses that there is a lack of morale within
the rank and file of the school system which may be due to the initial
shake-up of the school system when many people feared for their posi-
tions, and that feeling of fear inhibits people from freely speaking
and acts as a negative because it keeps personnel from generating posi-
tive criticism that could, in fact, help the school system. He added
that there needs to be a more open communicative process from the rank
and file within the school system.
Mr. Garland Lasked the followin.~, question:
QUESTION: Approximately 40 per cent of the students in the
Roanoke City school system come from single parent homes and approxima-
tely 35 per cent come from at or below the poverty level. With those
facts in mind, based on your experience, what do you feel you could do
as a member of the School Board to help the situation?
ANSWER: Mr. Edwards advised that a good preschool program would
raise the level of self-esteem of students currently entering school
behind their peers, which is a process that seems to multiply in
severity as they progress through the school system, often resulting in
dropping out because they are so far behind their peers. He stated
that if the system can strengthen young people in the first grade and
put them on an equal level with their more average peers, part of the
problem would be eliminated. He added that he would like for a program
to be initiated that would involve getting parents who are not members
of the PTA, or single parents, to be more active in the educational
life of their child. He stated that for education to work, it must be
enforced, and repetition is the way that many people learn, therefore,
it would be beneficial for the parents to become actively involved by
helping their children after school hours.
Mr. Musser asked the followin~ question:
QUESTION: The gifted students in the school system go on to
college and make a way in life for themselves. The average student is
receiving the proper attention. Roanoke has a sizable drop-out rate.
What incentives could be offered to keep children in school and/or pre-
pare those children who will inevitably drop out of school to make
their way in life?
ANSWER: Mr. Edwards advised that he would reiterate the need for
early preparation in an effort to get students in a position where they
could experience some level of success in the early years; and as the
student reaches adolescence and having experienced success in the
classroom, that he or she would find more acceptance outside of the
school setting. He stated that it would be advantageous to get the
students into a level of equality at an early age, hopefully through a
128
good preschool program. He called attention to the need for teaching
life skills, not only at the high school level, but at the junior high
school level or the elementary school level and teaching practical
kinds of lessons such as how to open a bank account, or how to inter-
view for a job, etc. He added that if students have a positive first
work experience, it can help them to move in a positive direction even
if they leave the school system.
The Mayor asked the followin_9 question:
QUESTION: What do you believe is the greatest need in the Roanoke
City School system of public education today, and what should be done
to address that need?
ANSWER: Mr. Edwards advised that he saw the need for a preschool
education program when he was in high school in the 1960's. He spoke
in favor of a preschool program, and a full day kindergarten program
which is a positive way to change the future of some of the students
who might otherwise be lost.
The seventh person to be interviewed was Mr. Lewis W. Peery.
Mr. Peery advised that the individuals who addressed Council at
its meeting on Monday, April 9, 1990, spoke adequately on his behalf.
He stated that he is and has always been interested in the Roanoke City
school system. He further stated that his interest in the system, as
well as the City, is longstanding. He called attention to his service
on such organizations as scouting, the YMCA and Big Brothers/Big
Sisters, in'which capacities he has always encouraged young people to
go to school. He stated that his thrust, like that of the late former
President John F. Kennedy, during his years of service to the City has
not been what the City can do for him, but what he can do for the City.
He further stated that he is proud of what he has been able to
accomplish for Roanoke on a voluntary basis,
Mr. Bowers asked the following question:
QUESTION: Would you be independent minded enough and have the
courage to vote against the recommendation of the School Superintendent
or against the wishes of a majority of the School Board even if you
were the single, sole vote if you felt it was important for you to vote
in such a manner?
ANSWER: Mr. Peery advised that the Postal Service Department
taught him well as a Hearing Officer/Investigator that before making a
decision, he should obtain the facts, and look at all of the records,
which training has remained a part of his decisionmaking process.
;1_29
Mrs. Bowles asked the following question:
QUESTION: As you know, the school budget is relatively fixed.
Approximately ei§hty-four per cent of the budget is used for personnel
and approximately nine per cent is devoted to operation and maintenance
which means that over ninety per cent represents a fixed budget. Do
you have any ideas with regard to better utilization of the balance of
the money without reducing classrooms or the number of schools pre-
sently in operation?
ANSWER: Mr. Peery advised that for three years he has served on
the Budget Advisory Committee of the schools during which time he has
expressed concerns about the budget. He stated that school buildings
should be maintained and appropriate salaries should be provided for
teachers. He further stated that in order to do all of the things that
are necessary in the school system, there needs to be more economic
development, which, in turn, will generate more tax dollars for the
City and the Valley.
Mr. Fitzpatrick asked the following question:
QUESTION: What do you think is the major strength of the Roanoke
City school system and what do you think is the major weakness of the
school system?
ANSWER: Mr. Peery advised that the major strength lies in the
Magnet School Program, as well as a new program at Patrick Henry High
School known as the Apprenticeship Program. He called attention to the
9rowing number of disadvantaged students in the City school system and
advised that current programs need to be improved and new programs need
to be established to deal with the problem.
Mr. Garland asked the following question:
QUESTION: In your resume', you stated your philosophy of educa-
tion which is that students should be well disciplined and respectful,
and the school system should encourage ethical, moral and patriotic
behavior for the future citizens and leaders of Roanoke. Given the
drug and alcehol abuse problems and teen-age pre§nancy rate, etc., how
would you propose to deal with these situations?
ANSWER: Mr. Peery advised that in analyzing the problem, one
would have to §o back to the family; and the same kind of family sup-
port that existed in yester years does not exist today. He stated that
the family needs to be reestablished, that parents need to work with
their children and instill in them that discipline in the school system
or anywhere else is important. He advised that schools, churches, and
community based organizations, etc., need to work in a cooperative
manner to eliminate some of the existing problems.
130
Mr. Musser asked the following question:
QUESTION: The gifted students in the school system go on to
college and make a way in life for themselves. The average student is
receiving the proper attention. Roanoke has a sizable drop-out rate.
What incentives could be offered to keep children in school and/or pre-
pare those children who will inevitably drop out of school to make
their way in life?
ANSWER: Mr, Peery again referred to the parent, advising that in
yesteryears a child had to go to school and the parent played a signi-
ficant role in making sure that the child attended school. He called
attention to a program at Patrick Henry High School, the main objective
of which is to reduce the drop-out rate in the City. He placed empha-
sis on the role of the parent and service organizations in the City
working cooperatively together to help eradicate the drop-out rate.
Mr. Trout asked the followin0 question:
QUESTION: If you had to choose between an increase in the budget
for a program for the gifted student or an increase in allocation for a
program for the average student, which program would you choose?
ANSWER: Mr. Peery advised that he would support, to a certain
extent, the average student because of the large number of average stu-
dents in the system. He stated that he would want to work with the
average child in an effort to bring that student up to the level of the
gifted child. He pointed out that the below average student is a
problem as well.
The Mayor asked the followin9 question:
QUESTION: What do you believe is the greatest need in the Roanoke
City School system of public education today, and what should be done
to address that need?
ANSWER: Mr. Peery advised that he is partial toward the plight of
teachers. He stated that he was tired of hearing about the comparison
of salaries of County teachers to City teachers and he hoped that
salaries could be made more comparable in the Roanoke Valley which
would eliminate some of the problems and concerns.
.T. he eight_h__p_~rson to be interviewed was Ms._ Sal_lye T. Coleman.
Due to the lateness of the hour, Ms. Coleman advised that she
would spare the members of Council her opening statement.
131
Mrs. Bowles asked the followin9 question:
QUESTION: As you know, the school budget is relatively fixed.
Approximately eighty-four per cent of the budget is used for personnel
and approximately nine per cent is devoted to operation and maintenance
which means that over ninety per cent represents a fixed budget. Do
you have any ideas with regard to better utilization of the balance of
the money without reducing classrooms or the number of schools pre-
sently in operation?
ANSWER: Ms. Coleman advised that the School Board submitted a
balanced budget which included items which were considered urgent in
nature. She stated that the Board considered salaries; that for the
past two years, the Board has dealt with programs that it felt were
needed as well as state mandated, therefore, staff has been neglected
(professionals, administrators and classified workers); and a good
staff is needed in order to properly educate the students of the City
of Roanoke. She explained that the School Board has to accept its
appropriation from Council and hope that school employees will be
understanding as to the manner in which the funds are allocated. She
stated that the School Board is compassionate as to the problems that
Council encounters and hopes that Council will understand that the
Board has Council's interest at heart, but at the same time, the Board
has the interest of retaining good employees in the school system.
Mr. Fitzpatrick asked the following question:
QUESTION: What do you think is the major strength of the Roanoke
City school system and what do you think is the major weakness of the
school system?
ANSWER: Ms. Coleman advised that Roanoke City is fortunate to
have dedicated workers in the schools because of the number of children
with so many diverse needs. She called attention to the quality of
programs available to students in the City school system which have
received national as well as international awards. She advised that
she is proud of the programs that have been established with the funds
that have been allotted to the Board to meet the needs of all students
in order to strengthen and develop their skills. With regard to a
weakness, she stated that the system is fortunate to have many parents
who contribute their time and interest to the schools, however, there
is a need for more parent involvement.
Mr. Garland asked the following question:
QUESTION: Members of the School Board are often perceived as
being pro-administration or anti-administration. Some members are per-
ceived as being rubber stamps for the administration. What is your
interpretation as far as that perception is concerned?
132
ANSWER: In order to answer the question, Ms. Coleman advised that
one must ask the question: What should the relationship be between the
School Board and the Superintendent of Schools? She stated that she
would look at the Superintendent not in terms of the clothes he wears,
or by how he wears his hair, or how he looks, but in terms of his abi-
lity, his performance, how well he implements the goals of the School
Board, his interest in all of the children and not just the affluent or
the disadvantaged, regardless of race, creed or color. She further
stated that the Superintendent has to look within and not without, that
the School Board and the School Superintendent should be working part-
ners, and if the Superintendent's performance is not up to par, the
Board should look elsewhere for a leader. She stated that this is the
stand that the School Board has taken, as well as her own personal
posi ti on.
Mr. Musser asked the followin9 question:
QUESTION: The gifted students in the school system go on to
college and make a way in life for themselves. The average student is
receiving the proper attention. Roanoke has a sizable drop-out rate.
What incentives could be offered to keep children in school and/or pre-
pare those children who will inevitably drop out of school to make
their way in life?
ANSWER: Mrs. Coleman called attention to the need for a good
strong alternative education program that will meet the needs of the
potential drop-out, advising that students drop out of school for many
reasons and therefore a good sound alternative education program would
be helpful in solving the problem and zero in on the necessary skills
and abilities for those students. She referred to a recent report in
which it was stated that Roanoke City's drop-out rate for this school
year, 3.7 per cent, is below the state average of 4.2 per cent.
Mr. Trout advised that it is nice to hear the remarks of a person
who is as well versed on the topic of schools as Ms. Coleman and it is
obvious that she loves what she does. He stated that when one meets
that type of person, it is like listening to a symphony and therefore,
he had no questions for Ms. Coleman.
Mr. Bowers asked the followin~ question:
QUESTION: Would you be independent minded enough and have the
courage to vote against the recommendation of the School Superintendent
or against the wishes of a majority of the School Board even if you
were the single, sole vote if you felt it was important for you to vote
in such a manner?
ANSWER: Ms. Coleman advised that she would vote against any issue
that she felt was not in the best interest or welfare of the school
system because the primary purpose of the School Board is to direct,
prepare and plan an educational program for the children of the City of
Roanoke. She further stated that if she felt a program existed that
did not sufficiently address the needs of the students, she would be
courageous enough to vote against it and be proud to state her reasons.
133
The Mayor asked the followin9 question:
QUESTION: What do you believe is the greatest need in the Roanoke
City School system of public education today, and what should be done
to address that need?
ANSWER: Ms. Coleman advised that she favors full day kindergarten
and would like to see a program implemented for children who are below
the kindergarten level inasmuch as the sooner a youngster can be
brought into an environment that is condusive to learning, the better
will be the chances of that child excelling. She expressed concern
over children coming from disadvantaged homes, advising that if the
child can be brought into an environment that is condusive to learning,
there will be an improvement in overall test scores. She called atten-
tion to the need for a remedial reading program because it is a
requirement of the state that students pass the Literacy Passport
Program, and the President of the United States as well as the Governor
of Virginia have asked that 95 per cent of the students pass the
Literacy Passport Program by the year 2000. She stated that she would
like for teacher salaries to be brought up to the national average
because too many teachers are leaving the field of education inasmuch
as industry is luring them away with better salaries.
The ninth and final person to be interviewed was Mr. Charles W. Day.
Mr. Day advised that President Bush predicted in late February
that the 1990's would usher in a new era in education reform and the
President's optimistic forecast came after the nation's Governors met
in Washington, D. C., and took the unprecedented step of adopting a set
of national goals for education coff~itting the nation to everything
from achieving universal adult literacy to making sure that all
children start kindergarten ready to learn by the year 2000. In order
to meet the new goals, he stated that America's schools will have to
graduate 90 per cent of the students who enter high school, prepare
students to lead the world in science and math skills, make sure that
students in grades four, eight and twelve can demonstrate competency in
subject matter, and offer all students a safe and disciplined school
environment. He advised that he has over 30 years of experience in the
education arena as a classroom teacher, guidance counsellor, elementary
school principal, senior high school principal, junior high school
principal and senior high school associate principal. During this
time, he stated that he served on a state committee charged with the
responsibility of monitoring regional certification for colleges and
secondary schools. He commented that Roanoke City has been good to him
and to his family; that he is the parent of two children who are pro-
ducts of the Roanoke City school system and they received a solid, well
rounded education. He advised that he has acquired a great deal of
knowledge and experience in working with young people, and he would
like to have the opportunity to work with the talented young people of
the City as a member of the Roanoke City School Board.
134
Mr. Fitzpatrick asked the followin9 question:
QUESTION: What do you think is the major strength of the Roanoke
City school system and what do you think is the major weakness of the
school system?
ANSWER: Mr. Day advised that the strength of the system is that
it has a good City as a base for education, with a group of parents,
students and leaders in the Roanoke Valley that stand ready to ensure
the success of the system. As a weakness, he stated that more people
need to be involved and dedicated to the cause of education.
Mr. Garland asked the followin9 question:
QUESTION: Drugs are a problem in the school system along with
teen-age pregnancy, etc. Do you have any specific ideas as a member of
the School Board to alleviate the problem?
ANSWER: Mr. Day called attention to the need for involving the
con~nunity in a comprehensive approach to the problem. He also called
attention to the need to involve the parents.
Mr. Musser asked the followin~ question:
QUESTION: The gifted students in the school system go on to
college and make a way in life for themselves. The average student is
receiving the proper attention. Roanoke has a sizable drop-out rate.
What incentives could be offered to keep children in school and/or pre-
pare those children who will inevitably drop out of school to make
their way in life?
ANSWER: Mr. Day advised that it is important to recognize the
symptoms of a potential drop-out and try to prepare that student for
the world of work so that he or she can acquire some type of skill for
entry into the job market. He stated that the key is to give the stu-
dent something to work toward, to motivate the child, and for teachers
and family to work cooperatively together.
Mr. Trout asked the followin9 question:
QUESTION: Do you think the Magnet Schools are accomplishing
established goals and objectives, and how could the Magnet School be
improved upon?
ANSWER: Mr. Day advised that the Magnet Schools offer a wonderful
opportunity for those students who have specialized interests. He
called attention to the possibility that there may be a cut-back on
funding and advised of the need to evaluate the programs to determine
what is and what is not needed from year to year due to changing
trends. He stated that the school system should carefully evaluate the
needs of students which will provide guidance and direction as to what
course of action to take with the Magnet School Program.
135 !
Mr. Bowers asked the followi.n_g question:
QUESTION: Would you be independent minded enough and have the
courage to vote against the recommendation of the School Superintendent
or against the wishes of a majority of the School Board even if you
were the single, sole vote if you felt it was important for you to vote
in such a manner?
ANSWER: Mr. Day advised that his number one priority would be the
students, and if the time came when he felt the interest of the stu-
dents was not being properly served, he would not hesitate to differ
wi th his colleagues.
Mrs. Bowles asked the following question:
QUESTION: As you know, the school budget is relatively fixed.
Approximately eighty-four per cent of the budget is used for personnel
and approximately nine per cent is devoted to operation and maintenance
which means that over ninety per cent represents a fixed budget. Do
you have any ideas with regard to better utilization of the balance of
the money without reducing classrooms or the number of schools pre-
sently in operation?
ANSWER: Mr. Day advised that the system must be cost efficient,
that school officials must evaluate expenditures to determine what is
and is not needed because equipment and programs become obsolete. He
stated that a careful analysis of outgoing and incoming money from time
to time will provide the School Board with the proper direction.
The Mayor asked the following question:
QUESTION: What do you believe is the greatest need in the Roanoke
City School system of public education today, and what should be done
to address that need?
ANSWER: Mr. Day advised that the most pressing problem in the
City's ~vstem of education; as well as many other systems, is that too
many students are "slipping through the cracks", and the system needs
to properly motivate the students to develop skills before they get out
of school in order that they will become productive citizens who will
be ready to take their rightful places in society. He stated that it
is important to mobilize all of the forces to ensure that each student
knows that he or she is a very important part of the City of Roanoke,
the Roanoke Valley, the state and the nation, and that they are the
future leaders of this City, state and nation.
136
All interviews having been completed, the Mayor declared the
meetin9 adjourned at 11:00 p.m.
APPROVED
ATTEST:
City Clerk
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 16, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 16, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
~, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~1~1~, as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Robert A.
Garland, Howard E. Mussel' James O. Trout, David A. Bowers, Elizabeth T. Bowles
and Mayor Noel C. Taylor---
ABSENT: None--- O.
OFFICERS PRESENT: W. Robert Herbert, City Mana§er; Earl B. Reynolds,
Jr., Assistant City Manager; William X Parsons, Assistant City Attorney; Joel M,
Schlanger, Director of Finance; and Mary F. Parker, City Clerk,
The meeting was opened with a prayer by The Reverend Ernest Freeman,
Associate Pastor, Deliverance Church of Christ.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PARKS AND PLAYGROUNDS: The City Manager submitted a written
report advising that communities and organizations throughout America
are planning activities on April 22 - 29, 1990, to focus attention on
the importance of the outdoors; that a national week-long celebration
is dedicated to promoting the use and enjoyment of the outdoors and to
raising community awareness of the need to protect and preserve limited
natural resources; that the Clean Valley Council has established
Saturday, April 21, 1990, as Clean Valley Day; and Earth Day, on
Sunday, April 22, 1990, will be the 20th anniversary of the beginning
of a world-wide movement to identify and address major environmental
issues.
It was further advised that Roanoke Vision, the Comprehensive
Plan, and Roanoke's Parks: Todaj/ and Tomorrow, the Parks and Recreation
Plan, both"'recogniz~' the natural env('F°nment as one of Roanoke's most
important assets; that Council has identified the preservation and
enhancement of Roanoke's high quali ty environment as one of the City's
six strategic issues; that Mayor Taylor will proclaim Saturday,
April 21 through Sunday, April 29, as "Roanoke Celebration of the
Outdoors"; and activities are being planned by area businesses, govern-
mental agencies and outdoor organizations.
On behalf of the Members of Council, City officials and the citi-
zens of the City of Roanoke, the Mayor presented a proclamation
proclaiming the week of April 21 - 29, 1990, as "Roanoke Celebration of
the Outdoors", to Mr. Gary N. Fenton, Manager, Parks and Recreation/
Grounds Maintenance.
Mr. Fenton advised that Sunday, April 29, 1990, is the 20th
Anniversary of Earth Day and it was decided that a week long celebra-
tion would have more carry over value. He stated that organizations
like the City of Roanoke and other local organizations are doing
various things as a part of the celebration. He presented a proposed
schedule of activities planned by the City in connection with the
observance and showed slides depicting various locations throughout the
City, encompassing such things as trees, flowers, rivers, creeks and
Carvins Cove. He expressed appreciation to the Mayor for proclaiming
April 21 - 29, 1990, as "Roanoke Celebration of the Outdoors."
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss the dispo-
sition of publicly held property, specifically conveyance of a parcel
of land and acquisition of an interest in real property for economic
development purposes; and to discuss specific legal matters requiring
the provision of legal advice by counsel, being the terms and con-
ditions of an economic development contract.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss specific legal matters requiring the provision of
legal advice by counsel, being the terms and conditions of an economic
development contract, pursuant to Section 2.1-344 (A) (7), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss specific legal mat-
ters requiring the provision of legal advice by counsel, being the
terms and conditions of an economic development contract, pursuant to
Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........ 7.
NAYS: None .... O.
139
ACTION:
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss the disposition of publicly held property, specifi-
cally conveyance of a parcel of land and acquisition of an interest in
real property for economic development purposes, pursuant to Section
2.1-344 (A) (3), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the disposition of
publicly held property, specifically conveyance of a parcel of land and
acquisition of an interest in real property for economic development
purposes, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950),
as amended. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .... 7.
NAYS: None ....... O.
m}
m)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ANNUAL REPORTS-TOTAL ACTION AGAINST POVERTY: Ms. Ellen Brown,
Director of Human Resources for Total Action Against Poverty in the
Roanoke Valley, Inc., appeared before Council and expressed appre-
ciation for the support of the City of Roanoke during the past year
since the fire at the TAP headquarters building on Shenandoah Avenue in
December, 1989.
Ms. Brown stated that today there are 600 children involved in the
Headstart Program of TAP; that without Headstart, these children would
enter kindergarten unprepared to compete with their classmates. She
further stated that seven out of ten of the Headstart Centers are
located in the City of Roanoke; and just recently, TAP opened the
Rutherfoord Center which is the first Headstart Center opened in a pri-
vately owned property. She pointed out that 560 children are enrolled
in the Comprehensive Health Investment Project which means that
children from infancy to grade level six now have health care that they
would not otherwise receive until they entered the public school
system. She advised that over 300 homeless people were served at TAP's
Transitional Living Center over the past year and 80 per cent have been
placed in meaningful jobs; that at least 98 persons have been placed in
permanent housing through the Transitional Living Center Program which
deals with more than just survival, but social and living skills in
order to prepare a person to become self-supporting; and gO per cent
of the residents of the Transitional Living Center declare Roanoke City
140
as their home. She explained that hundreds of youth have now been
redirected to continue their education and to make a positive contribu-
tion to the community; that others have been given the first glimpse of
hope for a college education through Project Discovery; and over 200
victims of domestic violence, women and children, have been provided
with comprehensive services beyond crisis intervention.
Ms. Brown explained that despite the fire that destroyed TAP's
headquarters building in December, the organization continues to press
on to serve the community and appreciates the support of the Mayor,
Council Members and City staff as they recover from this tragedy. She
stated that TAP is excited about opening the Northwest Supermarket as
soon as possible; that the Henry Street Music Center is alive and well
and expressed appreciation for a loan of Con~unity Development Block
Grant funds to be used for asbestos abatement and containment of the
old Dumas Hotel which is being carried out at the present time, and TAP
officials are actively pursuing the balance of the funds needed to
complete the project.
No action was taken on the matter.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET: The City Manager presented the recommended 1990-91
Resource Allocation Plan for the City of Roanoke, in the total amount
of $150,694,575.00.
(For full text, see Proposed 1990-91 Resource Allocation Plan on file
in the City Clerk's Office.)
Leading up to his budget presentation, Mr. Herbert reviewed the
City's established goals, or mission statements, as delineated by
Council during its Strategic Planning Session on Wednesday,
December 14, 1988. He highlighted certain portions of the proposed
budget for fiscal year 1990-91 with regard to the topics of additional
general fund expenditure increases totalling $10.5 million, programs
approved during fiscal year 1989, personal services and fringe bene-
fits, social services aid, operating expenditures, Internal Services
and the school budget as adopted by the School Board.
The Director of Finance advised that in just two fiscal years,
state and federal revenues have dropped from 51.2 per cent of the
City's revenue base to 47 per cent, which equals $6 million or 23 cents
of the real estate tax rate. He stated that City officials go to
Richmond, not to seek additional funding or new programs, but just to
fight to hold on to what the City is due; and this year, the City lost
again, and the state not only reduced funding and limited growth in the
upcoming budget, but it literally reduced existing opportunities.
m)
mi
Mr. Schlanger called attention to mandates passed on by the State
to the City without appropriate funds to cover those mandates, advising
that the State not only does not send money, but it restricts sources
of local revenues and mandates; and local government needs the flexibi-
lity to determine the best ways to generate the appropriate level of
revenue for the requirements and needs of the community. He added that
if the state mandates much more, or sets more regulations, or caps all
local revenues, there will eventually be no need for a policymaking
board or local government. He commented that it is hard to imagine
how the discussion of excellence in education combines with no addi-
tional state money and state restrictions on local revenue sources.
With regard to the General Fund revenues, the Director of Finance
advised that all of the new revenue available for expenditure in the
fiscal year 1990-91 budget, 46.4 per cent, is already obligated.
In connection with local revenues, Mr. Schlanger advised, as
fol 1 ows:
The real estate tax, although growing, is providing
the City with less new money next year than in pre-
vious years. The growth of assessments has slowed
down, plus the estimate for new construction is 67
per cent less than last year, providing the City
with only $62,500.00 in new taxes, and approxima-
tely $907,000.00 of new revenue in real estate
taxes is coming from taxable commercial property.
The personal property tax continues to be a strong
performer with the cost of automobiles going up
each day, however, 10.2 per cent of the City's new
revenue and 56.5 per cent of the total personal
property now comes from commercial, thus taking the
burden off of the residents of the City of Roanoke.
The utility tax looks like a large increase,
however, it is due to the two per cent increase
already obligated for the Roanoke River Flood
Reduction Project.
The business license taxes account for $630,000.00
of new revenue and prepared food and beverage taxes
account for $539,000.00.
The sales tax is the City's most disappointing tax
and continues to under perform, with current
obligations showing only one tenth of one per cent
growth over last year.
Other taxes remain either flat or with very little
growth.
141
142
ACTION:
Following further review of the proposed 1990-91 budget by the
City Manager, and after questions and comments by the Mayor and Members
of Council relative to the budget, Mr. Trout moved that the recommended
budget be referred to 1990-91 budget study and that Council adhere to
the budget study schedule proposed by the City Manager and adopted by
Council, with the exception of the budget study session originally
scheduled for Monday, April 23, 1990, at 1:00 p.m. lhe motion was
seconded by Mr. Musser and unanimously adopted.
LIBRARIES: Ms. Beverly Bury, City Librarian, presented a packet of
information to each Member of Council with regard to observance of
National Library Week on April 22 - 28, 1990, which carries the theme,
"Reach for a Star, Ask a Librarian." She called attention to activi-
ties that have been planned at the libraries in recognition of National
Library Week.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HUMAN RESOURCES: The City Manager submitted a written
report advising that the Department of Social Services is required by
Virginia statutes to accept custody of and make arrangements for a
treatment plan for children found to be dependent or neglected and in
need of services; that behavior problems prevent children from
remaining with their own family or foster family, consequently,
children must be placed in therapeutic facilities; and specialized care
of children committed by the Courts to the Department of Social
Services is increasing due to the following:
The trend by courts is to order treatment for
children in the community and order services to
their families.
In the past, these children may have been committed
to State care for detention in State Training faci-
lities.
It was further advised that the Department of Social Services has
experienced a 32 per cent increase in intake of Foster Care cases in
the last two years; that the number of specialized care cases has
increased dramatically in the last year; that children in need of spe-
cialized care are children who have physical, mental or emotional han-
dicaps; and the Department of Social Services underestimated the growth
in the number of children who would need specialized care when it sub-
mitted its budget request for fiscal year 1989-90.
It was explained that growth has been a 31 p~r cent increase over
the previous budget year, with a growth in the number of cases
increasing from 67 to 94; that the projected deficit is $471,430.00 in
Foster Care funds for the remainder of fiscal year 1989-90; that the
State Department of Social Services will reimburse $345,494.00 of this
amount; that $125,936.00 of local funds is needed to match State funds;
and the following represents the three different reim-bursement rates
for said funds:
143
ADC-Foster Care - 100 per cent Federal/State funds
(children eligible for Aid to Dependent Children
Grant).
State will reimburse $138,750.00.
Cost to City - $0.00.
Foster Care State/Local - 50 per cent State - 50
per cent local (children not eligible for Aid to
Dependent Children Grant).
State will reimburse $99,000.00.
Cost to the City will be $99,000.00.
Block Grant Services - 80 per cent Federal and
State - 20 per cent local.
State will reimburse $107,744.00.
Cost to the City will be $26,936.00.
State funds for the abovereferenced programs
total $345,494.00.
The City's share will be $125,936.00.
Combined funding from the two sources equals
$471,430.00.
The City Manager recommended that Council authorize the following:
Increase revenue and expenditure estimates in the
amount of $345,494.00 of funds received from the
State Department of Social Services and correspond-
ing increases in Social Services Expenditure
Accounts, as follows:
Revenue Account
ADC-Foster Care
Foster Care S/L
Purchased Services
Adoption Subsidy
ADC-Foster Care
Foster Care S/L
Purchases Services
Adoption Subsidy
$120,000.00
99,000.00
107,744.00
18,750.00
$120,000.00
99,000.00
107,744.00
18,750.00
001-020-1234-0672
001-020-1234-0675
001-020-1234-0683
001-020-1234-0673
Expenditure Account
001-054-5314-3115
001-054-5314-3140
001-054-5314-3160
001-054-5314-3155
144
ACTION:
Transfer $125,936.00 from the General Fund Contin-
gency, Account No. 001-002-9410-2199, to the
Department of Social Services, as follows:
Foster Care S/L $ 99,000.00
Purchases Services 26,936.00
001-054-5314-3140
001-054-5314-3160
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30009-41690) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 576.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30009-41690.
The motion was seconded by Mrs. Bowles and adopted by the followin9
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ............ 7.
NAYS: None ........... O.
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that at its regular meeting on September 11, 1989,
Council accepted the low bid of Breakell, Inc., in the amount of
$399,890.00 and 180 consecutive calendar days for the chlorination/
dechlorination facility at the Water Pollution Control Plant; and the
following changes/additions to the contract have been requested by the
consultant, Manager of the Water Pollution Control Plant and/or the
State Water Control Board:
"CHANGE -
Supply and install added structural lin-
tels above doors at monorail; provide
motorized hoists in lieu of manual (2
hoists) and provide motorized hoists in
lieu of manual (2 hoists) and provide one
one 30 amp; three pole breaker and two
30 amp, three phase disconnects with
fuses. An additional time extension of
fourteen calendar days is requested.
145
REASON -
The State Water Control Board (SWCB)
requested that the lintels supporting the
monorail be increased in size to insure
safety in transporting of the chlorine
cylinders. The plant management wanted
to change the manual hoist to motorized
because of the number of cylinders that
have to be handled.
AMOUNT OF CHANGE - $7,535.00
m
CHANGE -
REASON -
Supply and install precast stiffners at
ends of precast floor members to better
anchor floor and roof slabs to walls.
One additional calendar day is requested.
The State Water Control Board requested
that this work be done to tie floor and
roof slabs into the masonry walls more
securely, they wanted a monolithic tie
rather than gravity bearing. This again
is a safety measure due to the type of
building function.
AMOUNT OF CHANGE - $1,311.00
CHANGE - Relocate underground electric conduit
discovered during site excavation.
REASON - Self-explanatory.
AMOUNT OF CHANGE - $843.00
CHANGE- Change floor tile to thick-set cement · group instal lation.
REASON - Thick-set tile is more resistant to the
traffic generated in moving gas cylin-
ders. The floor pattern was also changed
to conform to similar floors in other
parts of the plant.
AMOUNT OF CHANGE - $498.00
CHANGE -
Add three emergency eye wash basins and
shower. An additional ten days extension
requested.
146
REASON -
This was requested by the plant manage-
merit as a safety measure for the plant
operating personnel.
AMOUNT OF CHANGE - $3,659.00
CHANGE -
Paint ceiling slabs with three coats
epoxy paint. Additional one day
requested.
REASON - Requested by plant management for sani-
tary and ease of cleaning measures.
AMOUNT OF CHANGE - $7,503.00
CHANGE -
Add outside sidewalks on each side of
loading platform and one flight of steps.
One additional construction day
requested.
REASON -
Additional sidewalk and steps were
requested by plant management for ease of
access to the building by service person-
nel regardless of which direction they
come to th~ plant. (The original bid
provided steps and walk on one side of
the building only.)
AMOUNT OF CHANGE - $558.00
Total addition of $22,749.00 and 83 consecutive
calendar days."
The City Manager recommended that Council approve Change Order
No. 1, to the contract with Breakell, Inc., in the amount of $22,749.00
and 83 consecutive calendar days construction time.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#30010-41690) AN ORDINANCE approving the City Manager's issuance
of Change Order No. I to the City's contract with Breakell, Inc., for
upgrading of the chlorination/dechlorination facility at the Roanoke
Water Pollution Control Plant; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 576.)
147
,m
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 30010-41690.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...................................... 7.
NAYS: None ........
BUDGET-LAW LIBRARY: The City Manager submitted a written report
advising that the Law Library budget of $112,000.00 was adopted by
Council in May, 1989; and City Code Section 18-30(c) states, as
follows, "The assessments collected by the clerks of the courts under
this section shall be remitted to the City Treasurer, who shall hold
such assessments in a separate fund subject to disbursement for the
maintenance of the Law Library". It was further advised that
$28,224.00 more was collected in fiscal year 1989 than was appro-
priated; and estimated revenues are based on the $4.00 filing fee
collected for each case filed in the Circuit and General District
Courts times the number of court cases from previous years.
It was explained that a revenue excess of $28,224.00 from fiscal
year 1989 should be appropriated from the Capital Maintenance and
Equipment Replacement Program to the Law Library's fiscal year 1990
operating budget; and the fiscal year 1990 adopted revenue estimates
and appropriations to the Law Library's operating budget should be
increased by $16,600.00 based on fiscal year 1989 fee income.
The City Manager recommended that Council approve the following
appropriations:
Appropriate $28,224.00 from the Capital Maintenance
and Equipment Replacement Program to the following
account:
Publications
001-054-2150-2040
$28,224.00
Increase fiscal year 1990 revenue estimate for Law
Library Fees, Account No. 001-020-1234-0819, in the
General Fund by $16,600.00; and
Appropriate $16,600.00 from the General Fund
Account to the following accounts:
Publications
Telephone
Expendable Equip.
Admin. Supplies
Furniture/Equip.
001-054-2150-2040
001-054-2150-2020
001-054-2150-2035
001-054-2150-2030
001-054-2150-9015
$10,500.00
100.00
1,500.00
1,000.00
3,500.00
(For full text, see report on file in the City Clerk's Office.)
148
ACTION:
ACTION:
Mr. Trout offered the following emergency budget Ordinance:
(#30011-41690) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 577.)
Mr. Trout moved the adoption of Ordinance No. 30011-41690. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........................ 7.
NAYS: None ......... O.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 30001-41690 rezoning a tract of land lying
at the southerly terminus of Bean Street, N. W., approximately 325 feet
south of Hershberger Road, identified as Official Tax No. 2280601, from
C-1, Office District, to C-2, General Commercial District, subject to
certain conditions proffered by the petitioner, having previously been
before the Council for its first reading on Monday, April 9, 1990, read
and adopted on its first reading and laid over, was again before the
body, Mrs. Bowles offering the following for its second reading and
final adoption:
(#30001-41690) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979}, as amended, and Sheet No. 228, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 575.)
Mrs. Bowles moved the adoption of Ordinance No. 30001-41690. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........... 7.
NAYS: None ........ -0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
149
,!
OTHER HEARINGS OF CITIZENS: NONE.
ACTION:
At 4:20 p.m., the Mayor declared the meeting in recess.
At 5:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Trout moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...... 7.
NAYS: None ...................
Oe
There being no further business, the Mayor declared the meeting
adjourned at 5:13 p.m.
APPROVED
ATTEST
150
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 23, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 23, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, ~egular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Robert A. Garland, Howard E. Musser, James O.
Trout, David A. Bowers, Elizabeth T. Bowles and Mayor Noel C. Taylor .......... 6.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Christoper T.
Sims, Pastor, Rose Hill Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT: The Mayor presented a
Proclamation in recognition of the lOOth Anniversary of the S. N.
Heironimus Company to Mr. Richard M. Lynn, Chairman and President of
the Company. He also presented Mr. Lynn with a Key to the City. The
Mayor advised that in the case of the S. H. Heironimus Company, good
management, coupled with a work force that demonstrated a real commit-
ment for a strong work ethic, were the primary reasons for the Com-
pany's success, and two excellent examples of this commitment and work
ethic can be found in Mr. Bill Sink who has 44 years of service and Ms.
Virginia Waldron who has 45 years of service with the Company. He pre-
sented Ms. Waldron and Mr. Sink with crystal stars as a memento of the
City's appreciation of their service. Mayor Taylor expressed appre-
ciation to Ms. Ona Early for making the City aware of the lOOth
Anniversary Year, and presented her with a City of Roanoke executive
glass in recognition of her 26 years of service to the S. N. Heironimus
Company.
151
ACTION:
ACTION:
ACTION:
ACTION:
BID OPENINGS:
STREETS AND ALLEYS-AIRPORT-TRAFFIC: Pursuant to notice of adver-
tisement for bids for bituminous concrete overlays and pavement pro-
filing of various streets within the City, said bids to be received by
the City Clerk until 1:30 p.m., on Monday, April 23, 1990, and to be
held, opened and read before the Council at 2:00 p.m., on that date, or
as soon thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Virginia Asphalt Paving Company
Adams Construction Company
S. R. Draper Paving Company
L. H. Sawyer Paving Company, Inc.
$ 857,332.60
896,981.00
908,487.10
1,067,719.60
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Kiser as members of the committee.
BRIDGES: Pursuant to notice of advertisement for bids for rehabi-
litation of the Franklin Road Bridge, said bids to be received by the
City Clerk until 1:30 p.m., on Monday, April 23, 1990, and to be held,
opened and read before the Council at 2:00 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Lanford Brothers Company, Inc.
Pendleton Construction Company
Donald H. Selvage, Inc.
$481,293.00
490,444.00
525,000.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Kiser as members of the committee.
152
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss other speci-
fic legal matters requiring the provision of legal advice by counsel,
being the terms and conditions of a potential contract between the City
of Roanoke and Roanoke County regarding a new regional landfill.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss other specific legal matters requiring the provision
of legal advice by counsel, being the terms and conditions of a poten-
tial contract between the City of Roanoke and Roanoke County regarding
a new regional landfill, pursuant to Section 2.1-344 (Al (7), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss other specific legal
matters requiring the provision of legal advice by counsel, being the
terms and conditions of a potential contract between the City of
Roanoke and Roanoke County regarding a new regional landfill, pursuant
to Section 2.1-344 (Al (7), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ..................... 6.
NAYS: None ...................................
(Vice-Mayor Fitzpatrick was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Ms.
Barbara Duerk, Chairman, Roanoke Neighborhood Partnership, advising of
the resignation of Mr. Hillary Lantz as a member of the Steering
Committee, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that the communication be removed from the
Consent Agenda for consideration at a later date. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ......... 6.
NAYS: None .............. O.
(Vice-Mayor Fitzpatrick was absent.)
153
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MAILERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts:
Grant No. 6069 - $63,200.00 for asbestos abatement.
This appropriation request repre-
sents funds to be paid to the
Roanoke City School Board as the
result of a class management
action suit filed against manufac-
turers of materials containing
asbestos.
Grant No. 6071 - $312,700.00 for repairs to the
William Fleming High School Field
House and equipment replacement
required due to losses which
resulted from fire damage. Total
repairs and equipment replacement
will be reimbursed by proceeds
from insurance.
Grant No. 6581 - $38,316.0D for the Preschool
Incentive Program to provide
orientation and evaluation for
handicapped students who will be
entering the public school system
for the first time during the
fall. lhe program will be reim-
bursed one hundred percent by
Federal funds.
Grant No. 6738 - $11,883.00 for the 1989-90
Apprenticeship Program to provide
on-the-job and classroom voca-
tional instructional for students
in the apprenticeship program.
The program will be reimbursed one
hundred percent by State funds.
154
ACTION:
Grant No. 6960 - $1,734.00 for the Governor's Sixth
Grade Computer Initiative to pro-
vide flow-through funds for the
purchase of microcomputer software
which will be used in conjunction
with lesson plan guides provided
by the State to improve sixth
grade learning objectives. The
State revenue has been received.
(For full text, see communication on file in the City Clerk's Office.)
The Director of Finance submitted a written report concurring in
the request of the School Board, advising that funding in the amount of
$63,200.00, representing the proceeds of a class action suit against
asbestos manufacturers, will be appropriated in the Capital Projects
fund for asbestos abatement; that funding from insurance proceeds in
the amount of $312,700.00 will also be appropriated in the Capital
Projects Fund to repair damage at the William Fleming High School Field
House; that funding for three grants will be appropriated in the Grant
Fund; that the Preschool Incentive Program and the Governor's Sixth
Grade Computer Initiative Program are funded with 100 per cent Federal
and State revenue; that the Apprenticeship Program is funded with 100
per cent State revenue and fees, with no local match required; and
recommending that Council concur in the request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#30012-42390) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Projects and Grant Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 578.)
Mr. Trout moved the adoption of Ordinance No. 30012-42390. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor. 6.
NAYS: None ............ O.
(Vice-Mayor Fitzpatrick was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
155
m
m
ACTION:
PLANNING-GRANTS: The City Manager submitted a written report
advising that the City of Roanoke receives an annual entitlement from
the U. S. Department of Housing and Urban Development (HUD) in the
form of a Community Development Block Grant (CDBG); that HUD represen-
tatives informed City staff that Roanoke's CDBG allocation will be
$1,563,000.00 for the City's fiscal year 1990-1991; that the budget
also includes $520,788.00 estimated program income generated from prior
CDBG programs; that funds totalling $254,448.00 have been transferred
from prior grant entitlement years; and two public meetings have been
held to hear recommendations of citizens on January 16, 1990, and
April 17, 1990.
It was further advised that Council will be briefed by the City
Manager at its regular meeting on Monday, May 7, 1990, on recommended
activities for the fiscal year 1990-1991 CDBG program; that citizen
participation requirements call for an evening public hearing by
Council prior to submission of CDBG Statement of Objectives to HUD;
that the City is required by HUD to publish a Draft Statement of
Objectives in the newspaper; and a summary version will appear in the
Neighbors section of the Roanoke Times & World-News on Thursday, May 3,
1990.
The City Manager recommended that Council schedule a Community
Development Block Grant public hearing on Monday, May 14, 1990, at
7:30 p.m., in the Council Chamber.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation of the
City Manager and schedule a public hearing for Monday, May 14, 1990, at
7:30 p.m., or as soon thereafter as the matter may be heard. The
motion was seconded by Mr. Garland and adopted.
DRUGS: The City Manager submitted a written report advising that
the Anti-Drug Abuse Act of 1986, Public Law 99-571, authorized the
Attorney General of the United States to deputize state and local
police officers pecifically for the purpose of participation in
Regional Organized Crime Drug Enforcement Task Forces; that the United
States Department of Justice, through the United States Attorney for
Western Virginia, proposed participation in the Mid-Atlantic Regional
Task Force by federal, state and local governments; that participation
included a member from the Roanoke City Police Department using one of
two methods of authority to deputize local officers; that the United
States Attorney elected to deputize state and local officers as U. S.
Marshals; and said method required no authorization from the local
governing body for City officers to participate in the task force.
It was further advised that deputization of City officers under
the Organized Crime Drug Enforcement Task Forces ranged from 90 days to
one year and on a case specific basis; that the Drug Enforce-ment
Administration is now reorganizing the task force as a permanent state
and local task force, deputizing all local officers currently deputized
156
ACTION:
under the Organized Crime Drug Enforcement Task Forces as special
agents of the Drug Enforcement Agency and operating under mutual aid
agreements authorized by Section 15.1-131.3, Code of Virginia; and
deputizations are not usually exclusive, therefore, current officers
deputized under the Organized Crime Drug Enforcement Task Forces will
also be covered under a state and local task force.
It was explained that Roanoke has participated in the Regional
Task Force since its inception with City officers acting as Deputy
U. S. Marshals, and the City has shared in assets and forfeitures on
specific case participation under the Organized Crime Drug Enforcement
Task Forces; that continued participation in the Regional Task Force,
with deputization as Special Drug Enforcement Agency Agents, necessita-
tes agreement under Section 15.1-131.3, Code of Virginia, which
requires a mutual aid agreement to be authorized by the governing body
of the jurisdiction; that with Roanoke officers participating as spe-
cial drug enforcement agents, the City would share in assets seized in
cases in addition to those specifically authorized by the Regional Task
Force; and the Regional Task Force and a state and local task force
have separate program funding through the federal budget system.
The City Manager recommended that he be authorized to sign an
agreement and its addendum permitting participation by Roanoke City
Police Officers in the state and local task force deputization program
and thereby increase liability coverage for individual city officers
participating in the program and assets from a broader range of cases
than now available to the City under the Regional Task Force.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30013-42390) A RESOLUTION authorizing an agreement between the
City and the United States Drug Enforcement Administration to provide
for the City's continued participation in a Regional Drug Enforcement
Task Force.
(For full text of Resolution, see Resolution Book No. 51, page 579.)
Mrs. Bowles moved the adoption of Resolution No. 30013-42390. The
motio~ was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ....... 6.
NAYS: None ........ O.
(Vice-Mayor Fitzpatrick was absent.)
'm
ACTION:
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that several sewer projects have been approved
by Council for construction in recent years; that the projects have
included construction of sanitary sewers, improvements at the Sewage
Treatment Plant and at Coyner Springs; and funding is established for
each project when Council approves the construction based on bid
amounts, as well as extra funding for possible contingencies; and
completed projects often have contingency remaining after final bills
are paid because most projects are completed within the established
budgets.
It was explained that closeout of projects and deappropriation of
funds authorized by Council is needed in order to make the funds
available for other needs, subject to approval by Council; and reduc-
tion of encumbrances for projects which are nearing completion would
also allow excess contingency funds to be made available for other
needs, subject to approval by Council.
The City Manager recommended that Council authorize the closeout
of completed sewer projects and deappropriate funds; and authorize the
reduction of encumbrances for projects nearing completion, as follows:
Account No.
003-056-8420-9003
003-056-8427-9003
003-056-8431-9003
003-056-8442-9003
003-056-8443-9003
003-056-8444-9003
003-056-8445-9003
Description Status
STP Land Acq.
Fine Mesh
Screens
Wmson. Rd. -
Ph 2/IIB
Mud Lick San.
Sewer
Wmson. Rd. -
Ph 2/IIC
Coyner Springs Completed
Sewer
Wmson. Rd. - 82% Complete
Ph 2/IIE
In Progress
Completed
Completed
Completed
Compl e ted
Funds
Available De-Approp.
$ 16,278.64 $ 14,000.00
363,718.73 363,718.73
50,647.45 50,647.45
40,984.45 40,984.45
64,359.30 64,359.30
16,855.20 16,885.20
17,319.00 $ 12,000.00
$562,565.13
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#30014-42390) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Sewage Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 580.)
Mr. Musser moved the adoption of Ordinance No. 30014-42390.
motion was seconded by Mr. Trout and adopted by the following vote:
The
157
158
AYES: Council Members Garland, blusser, Trout, Bowers, Bowles and
Mayor Tayl or .......... 6.
NAYS: None ...... O.
(Vice-Mayor Fitzpatrick was absent.)
REPORTS OF COMMITTEES: HONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO~ENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:30 p.m.,, the Mayor declared the meeting in recess.
ACTION:
At 4:00 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Vice-Mayor Fitzpatrick.
COUNCIL: Mr. Trout moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ......................................... 6.
NAYS: None ..............................
(Vice-Mayor Fitzpatrick was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 4:03 p.m.
APPROVED
ATTEST: p~.~_
City Clerk
Mayor
m
SPECIAL SESSIOt~ ROANOKE CITY COUNCIL
April 23, 1990
7:30 p.m.
m
The Council of the City of Roanoke met in special session in the
Roanoke Civic Center Exhibition Hall, 710 Williamson Road, N. E., City of
Roanoke, on btonday, April 23, 1990, at 7:30 p.m., pursuant to Section 10,
Meetings of Council, of the Roanoke City Charter, and pursuant to the Proposed
Budget Study and Adoption Schedule for Fiscal Year 1990-91, adopted by Council
on Monday, March 19, 1990, with Mayor Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor ................... 7.
ABSENT: None ......... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BUDGET: On behalf of the Members of City Council, the Mayor
extended a welcome to all persons in attendance. He advised that
Council was present for the purpose of hearing remarks from citizens
with regard to the proposed fiscal year 1990-91 budget recommended by
the City Manager, and with respect to the real estate tax rate for
fiscal year 1990-91. He stated that it was a privilege for elected and
administrative officials of Roanoke to host the public hearing on the
Budget and Resource Allocation Plan for the upcoming fiscal year; and
the public hearing was open for any comments or remarks regarding the
tax rates of the City of Roanoke.
The Mayor stated that Roanoke is a progressive City and its chief
concern is the involvement of its citizens as Council seeks to address
future trends and recommend strategic objectives that will enable the
City to not only serve the immediate future, but to organize itself in
such a way as to experience continuing growth and development through
the year 2000. He advised that the City of Roanoke has always had a
big heart; that it has been a provider of services to its citizens and
it has had an especially big concern for the disadvantaged, poor and
elderly. He stated that Roanoke is a City of the future and needs the
revenue to make the necessary improvements to its schools, streets,
storm drains, bridges and other essential infrastructure projects. He
added that Council has the responsibility of making tough and sometimes
unpopular decisions; that resource limitations require careful choices;
however, it is known, on the positive side, that new opportunities are
emerging and the City is dedicated to continuing its growth and
development. He stated that he has been sad at heart as he witnessed
the withdrawal of Federal support for the most vulnerable in the City,
and in fact, the withdrawal of Federal funds had an adverse impact on
the entire community; however, Roanoke continued to strengthen its
system of education, with fewer slums and better streets, along with
citizens who are concerned about and involved in their City government.
He pointed out that the new airport terminal will strengthen the
economy of all of western Virginia, and a constant effort is being made
to improve the large range of City services.
The Mayor advised that Council had come to listen to the citizens,
to provide them with an opportunity to share with Council their wis-
dom, experience, guidance and recommendations regarding the City and
its tax system and operating budget. He stated that the City of
Roanoke has experienced a general rising of the standards of effi-
ciency; that the City must continue to practice economy in government
expenditures and he advised that the citizens of Roanoke will continue
to express confidence in their government as Council sees to it that
their money is spent on projects which they approve. He added that the
money which is spent should be spent to yield the best possible
returns, efficiency and progress, advising that there is a tremendous
opportunity to move the City of Roanoke ahead, united.
In order to hear as many citizens as possible, the Mayor advised
that it was necessary for Council to establish a time limitation for
each speaker, and requested that each speaker be allotted three minutes
in which to make his or her presentation.
The Mayor advised that the City Clerk had arranged for citizens to
register to speak, and he would call upon those persons in the order in
which they had registered.
Ms. Linda Markham, 125 Hurst Avenue, N. E., advised that she is
the parent of children enrolled in the William Fleming Magnet High Tech
Aeronautical School and also in Breckinridge Middle School. She stated
that most people will agree that the most important resource the City
has is its children; however, to utilize this resource, the best
possible education must be provided. She pointed out that although the
state mandates educational programs that are vital to the children,
unfortunately, the state does not provide the money to fund those
programs and the blunt of the financial responsibility falls to the
locality, as it should. She stated that a school system is only as
good as its people want it to be and are willing to fund; that Roanoke
City has many innovative and forward looking programs; and the aero-
nautics program has drawn nationwide attention and proves that Roanoke
has a progressive school system, with schools from Virginia to
California having shown an interest in starting an aeronautics program
of their own. She noted that the Magnet Schools offer a wide range of
interest in addition to basic subjects; that the Magnet School at
William Fleming High School and William Ruffner Middle School are also
161
meeting one of the major goals which is to reduce racial isolation;
however, these schools cannot be allowed to stand still and interest
must be kept high if they are to stay effective. She advised that a
good school system takes commitment and money from the local government
to keep the schools in competition with other localities and to provide
additional programs; and during the past few months, consolidation has
been in the news and citizens have been told that over three million
dollars is needed to start programs such as seven period days and full
time kindergarten in order to bring City schools in line with County
schools. She asked why wait for consolidation, advising that she is
tired of hearing County parents say that they will not vote for
consolidation because they do not want their children to attend City
schools. She stated that it is time to make these changes for the sake
of the children of Roanoke City and not for consolidation purposes.
She further stated that the City Manager has proposed certain tax
changes that will provide additional money for the schools and urged
that Council approve the proposed increases so that Roanoke will have a
school system that is second to none.
Ms. Ella Mae Waid, 1111 Syracuse Avenue, N. W., advised that as
the parent of two students attending William Fleming High School, she
was present to express her concern over the school budget. She stated
that after having served as a volunteer in the public school system for
20 years, she has tried to understand the school budget and she has
been concerned about adequate pay raises for teachers, as well as the
need for additional school nurses for health screening. She requested
that Council think about the teachers and the school programs that are
proposed for improvement next year, and asked how teachers can be
expected to improve school programs if they receive no encouragement to
do so by way of a salary increase. She stated that citizens want the
best for all students, and asked why citizens have to appeal to Council
every year for more money. She advised that she fully supports the
school budget as presented by the School Board.
Ms. Cindy Dossett, representing the Central Council PTA, 2419
Lincoln Avenue, S. W., advised that Roanoke City schools need a fully
funded budget. She stated that remedial teachers are needed in all
schools, and called attention to the importance of counsellors and nur-
ses at every school, the need for seven period days for the high
schools, full time principals, full day kindergarten, drop-out
programs, and computer technology, advising that all of the programs
listed in the school budget are important. She stated that the
children of the Roanoke City public schools can provide the City with a
productive future if Council will give them the programs and the
teachers that are needed now, advising that a fully funded school
budget must be provided in order for the children of Roanoke to be
guaranteed a promising future. She pointed out that parents have too
often seen the proposed school budget cut by Council, and each year
when the school budget is presented, citizens begin to hear and read
about real estate taxes that will be necessary in order to fund the
budget, advising that such tactics may scare some, but many parents
know that monies can come from many sources. She com~nented that citi-
zens hear that the school system should look to other sources and needs
162
for funding the school budget, advising that many needs are not
included in the budget that these sources are used for. She stated
that parents have heard Council members say that they have worked for
education by trying to obtain more state funds for the schools, but
when state funds are cut back, the school budget suffers, advising that
it is time for local government to support the schools by taking care
of its own and by giving the children the kind of education they need
for the future. She noted that the proposed budget is not extravagant
but necessary. She stated that an excellent education is the basis for
any good community and the future of the City of Roanoke lies in the
hands of the children that must be educated. She advised that the
City's children must be educated well so that they wil1 return to
Roanoke what they have been given. She stated that it is time for
Council to become men of vision, to educate the children well, and to
give the schools a fully funded budget.
Ms. Patricia Willis, 5044 Bruceton Road, S. W., advised that her
child has been enriched by the high tech program at William Ruffner
Middle School and she hopes to continue in the aeronautics program this
fall. She advised that students are individuals and not just numbers
and asked that current programs be continued.
Ms. Linda Steadman, President, Crystal Spring Elementary School
PTA, 2601 South Jefferson Street, advised that the School Board and the
administration have done an admirable job in focusing on the educa-
tional needs of the students of the City of Roanoke. She stated that
with Roanoke's diverse enrollment, this is a challenge that has been
met in a variety of ways, with the Magnet Schools, reading specialists,
guidance counsellors, etc. She further stated that additional remedial
programs, full day kindergarten and programs for high risk students
would further enhance the total school curriculum and bring Roanoke
City in line with what is offered in Roanoke County. She co~ented
that Crystal Spring Elementary School is pleased with the proposed
school renovations, a comprehensive plan which will update the faci-
lity, add space and provide a better learning environment for the
children, however, while new buildings and alternative programs are
important, the effectiveness of any school depends primarily upon its
faculty and administration. She advised that salaries for teachers and
administrators are woefully inadequate given the responsibilities that
they are charged with--educating the children, instilling values and
shaping their future growth. She stated that Roanoke is fortunate to
have many excellent teachers in the school system and the proposed
salary increase will confirm their worth, as well as attract other top
educators to the Roanoke City schools.
Mr. Melvin E. Huff, 4402 Delray Street, N. W., inquired as to how
consolidation will effect the positions of City Manager and County
Administrator; whereupon, the Mayor advised that Council and admi-
nistrators would not address specific questions during this time,
however, all concerns and questions would be recorded and citizens
would receive a response during the budget process.
163
Ms. Eula Rosenberger, 501 Darwin Road, S. W., advised that she is
the parent of a student in the middle school program in Roanoke City,
and one of the reasons her family selected Roanoke City when moving was
due to the excellence in school programming for the educationally
gifted and talented student population. She further stated that the
City is most fortunate to have the leadership and vision of Dr. Tota
and his professional staff. She advised that one example of this for-
ward thinking leadership has been the establishment of the Scholars
Program which addresses the needs of the middle school student, as well
as the needs of those students who have displayed high achievement and
motivation toward academic accomplishment at this level. She stated
that this program reaches the multiple levels of students from all of
the middle schools across the City enriching and extending inquisitive
minds as well as raising the levels of academic excellence. She
expressed appreciation for Council's support of Roanoke City school
students in the past by providing the system with the best possible
Superintendent and with proper funding in order to maintain excellent
scholastic programs. She explained that with the proposed budget,
funding for critical programs, such as the Scholars Program, will go
forward. She asked that Council not short-change the students and
their future by giving them less than the best.
Mr. George Quadrado, parent of a child at Grandin Court Elementary
School, 2470 Montgomery Avenue, S. W., advised that he was pleased that
the City Manager has placed the education of Roanoke City children on
the forefront of the City's priorities. He stated that he is convinced
that the key to a healthy future for the City of Roanoke lies in a
quality education for its children; and the children represent
Roanoke's future citizens and major forces of the Valley. He pointed
out that many of the revenue depleting problems that society faces
today, such as the high cost of law enforcement, over population of
jails, cost of vandalism, and loss of funds resulting from low paying
jobs, etc., can be directly or indirectly associated with the low edu-
cational achievement levels of a large segment of the population. He
advised that the segment of the population that enhances the tax base
has a direct correlation with educational success and it stands to
reason that investing relatively few dollars today to take maximum
advantage of the crucial early years of education will result in better
prepared students going through the grades and a greater percentage of
the students expanding the City's tax base, thus, a smaller portion of
the population draining the City's revenue base. He stated that if it
is true that the education of Roanoke's future citizens is so impor-
tant, why are teachers short-changed when it comes to paying them what
they are worth, advising that teachers can never be paid what they are
worth, but the City should at least pay them in a manner comparable to
neighboring communities. He further stated that the fact that Roanoke
is having to catch up in the areas of full day kindergarten, seven
period days, and administrative and teacher salaries all attest to the
fact that neighboring communities had a better understanding of the
value of education much earlier than the City, and their greater appre-
ciation of education also explains Roanoke City's decline in student
enrollment. He stated that education is of paramount importance and
the City's future depends on it, therefore, it is worth paying for. He
asked that Council find a way to show the City's educators that they
are highly valued professionals and that the City is willing to pay for
164
that value. He stated that Roanoke is well known as the Star City of
the South, and in education, the Star stands for excellence, and asked
that the City resolve to make its educational system second to none and
citizens will see what dividends the beautiful Roanoke Valley will reap
in the future.
Ms. Sandra Ryals, 3645 Mudlick Road, S. W., representing the
Advisory Committee for School Health, advised that Council's help is
needed to find a way to sustain the collaborative efforts in providing
a comprehensive school health program for school aged children in
Roanoke, and minimum funding must be found in order to continue the
school nurse superviso~ position which was started this year through a
cooperative agreement between the Roanoke City public schools, the
Roanoke Health District and the City of Roanoke. She advised that
further support is needed to at least continue five part-time school
nurse positions currently funded by Chapter I and additional funds are
required to meet the recommended ratio of one nurse per school or at
least one nurse per 1000 students in order to more effectively meet the
health needs of Roanoke's school age children. She stated that for
many years, care health services have been provided by school nurses
funded by Chapter I, which is a federally funded program for educa-
tionally disadvantaged students who have unmet health needs which
impact upon their academic achievement if these medical and health
problems are not prevented. She explained that this year, five part-
time Chapter I school nurses provide supportive health services to
approximately 1,550 students in 16 Chapter I schools; that the Health
Department has assigned 12 public health nurses on call to 28 schools,
visiting clinics, homes, schools and the community, advising that with
escalating demands on mandated health programs and present staffing
levels, that amount of time averages out to approximately two hours a
week for about 13,000 children. She explained that the school health
program in Roanoke City has consisted more or less of crisis interven-
tion, except for the annual health screenings which are done to iden-
tify students with potential vision, dental, hearing and scolosis
defects that impact upon learning. She stated that thanks to the PTA
visual aid fund, glasses have been purchased for children who would not
otherwise be able to afford them. She pointed out that with the rise
in the number of disadvantaged students to 40 per cent of school popu-
lation, there has been a dramatic increase in the health needs of the
children which include problems with alcohol abuse, drug abuse, teen-
age pregnancy, sexually transmitted diseases and violent behaviors.
She added that in some school divisions, serious illnesses and injuries
have occured to students where no one adequately trained in first aid
or CPR was available to render assistance, and as a result of these
crises, localities have recognized the need to have nurses available
for the health and safety of students throughout the school day, and
asked that Roanoke City not wait until a serious crisis has occurred in
the school system to reco§nize the value of having school nurses. She
stated that it may be desirable for the Health Department of schools to
assume full responsibility for health care services, but it is not
feasible in the foreseeable future unless there are special monies
designated; and recent site visits to other school districts have shown
165
that School Boards and local governments have recognized that together
all must share in the expenses of providing health services to stu-
dents. In summary, Ms. Ryals stated that both City and school funds
are needed to continue the school health nurses supervisory position
which is currently filled by a uniquely qualified individual with spe-
cial expertise in school health, public health and professional nursing
supervision; that funds are needed to continue the five part-time
school nurse positions which are critical for children with special
needs, as well as the addition of at least two full-time public health
nurses to start phasing in a comprehensive school health program in
order to meet the recommended guidelines of one nurse per school or one
nurse per 1,000 students. She advised that it is a known fact that
dollars invested in school health nurse services for children will be
an investment in the future.
Mr. H. Joel Kelley, 378 Elm Avenue, S. W., complained about the
proposed increases in the cigarette tax, the automobile decal fee and
prorating the personal property tax. He stated that Council is asking
smokers, one of the smallest groups of taxpayers in the City, to pay an
additional five cents cigarette tax which amounts to $30.00 more per
person per year for the average smoker. Instead of increasing the City
decal fee to $20.00 for owners of vehicles weighing under 4,000 pounds,
he suggested that the fee for all vehicles be established at $25.00
which would eliminate the need to pro-rate personal property taxes and
ease the tax burden for those persons on a fixed or low income. He
spoke in favor of a full day kindergarten program, advising that he
would like for teachers to receive, in addition to the 5.1 per cent
state mandated pay raise, at least a 3 per cent City paid increase. He
proposed that the high school drop-out prevention program be extended
to include the lower grades which would cause the drop-out rate of 4.7
per cent to decrease.
Ms. Martha S. Anderson, 3308 Somerset Street, S. W., advised that
as the parent of a child in the Roanoke City school system, she has
been aware of the extremely low number of school nurses in Roanoke
City; and last year's publicity relating to the Title I funding issue
and the fact that two school nurses were told that they may not have
their jobs renewed was a matter she read about and found to be incre-
dible. She stated that not until this year as the Public Affairs
Chairman for the Junior League of the Roanoke Valley, Inc., did she
become informed of the brutal statistics of the health needs of school
aged children; that it is becoming increasingly difficult for the
family alone to meet the basic health needs of these children; that the
majority of children today live in one parent families or two parent
families where both parents work; and low income, poverty and limited
availability of health care resources to families further reduce the
quality of health of school age children. She pointed out that the
Virginia General Assembly has given considerable study to the matter;
that documents from studies performed in 1974, 1987 and 1989 all decry
the state wide need for minimum standards for school health services
and the consistent recommendation of these studies has been for
increased numbers of nurses in schools, with the minimum recommendation
of one nurse per 1,000 students or one nurse per school. She stated
that Roanoke's ratio for school nurses is two-tenths per 1,000 students
166
which is far from the recommended minimum ratio. She further stated
that the Board of Directors of the Junior League endorsed a public
policy concept indicatin9 full support for increasing school nurses;
that state budget constraints for this year have effected everyone; and
she will continue to work with legislators next year for a state-wide
commitment for funding toward meeting the health needs of school age
children. She further stated that the time has come for Council to
take a leadership role in addressing the health needs of school age
children; that the Cooperative A9reement between the City Health
Department, the school system and Roanoke City to develop and implement
a comprehensive school health program this past January is commendable,
yet current school nurses have once again been told that their jobs
were not budgeted for next year. She advised that the job of the
school nurse is important; that everyday students come to school
hungry, hurting or sick and these physical needs must be addressed
before a child can learn and achieve in school; that many school age
children do not receive re9ular well child care and for these children,
the school nurse is often the only health professional with whom they
have contact; and nurses have the knowledge and the expertise to assist
school personnel with the health related learning needs of students.
She pointed out that schools are a key part of a child's world; that
healthy students learn more and they are tardy and absent less and
generally succeed more frequently; and the connection between health
and education should be clear for the children, for the teacher, for
school nurses and for principals. She asked that this year be the last
time that the City's children have their school nurse services
threatened, and that Council sustain and plan for the strengthenin9 of
the new Cooperative Agreement between the City schools and the Health
Department by making clear the importance of supervised adequate num-
bers of registered nurses in all of the City schools and work toward
the ratio of one nurse per 1,000 students, thereby guaranteeing the
prospects for health learnin9 for all students.
Mr. Rick H. Hendrick, 933 Missouri Avenue, N. E., representin9 the
Lincoln Terrace Elementary School, requested that Council approve full
funding of the upcoming school budget. He stated that the citizens and
the children deserve the best education that money can buy which begins
with full day kindergarten that will allow the students to not only
achieve mentally but socially and be equal with their neighbors in
County locations and provide them with a base and a foundation for
learning that will last them for a lifetime. He stated that full day
kindergarten will also benefit the working parent so that they will not
have to find extra day care for their children who attend half day
schools. He urged that Council adopt full funding of the school budget
and increase the full time nurses in the schools, advising that
children are unpredictable when it comes to illness and they are not
always sick when health screening occurs at the beginning of the school
year. He stated that as a parent, he is proud of the Roanoke City
Schools; that Council has funded excellent programs for the gifted stu-
dents and for the students with physical and mental problems; that the
majority of students, however, do not fall into these categories,
therefore, the average student deserves and requires more programs; and
requested that Council fund these programs so that Roanoke can look to
its children as the leaders of tomorrow.
167
Dr. Samuel J. Williams, President, Academy of Medicine, 213
McClanahan Street, S. W., advised that the Academy is comprised of the
medical community with in excess of 400 members, and it is a superb
community of which he is proud to be a part. He spoke on behalf of
continuing funding for school nurses in the Roanoke City public school
system. He stated that approximately four months ago, an agreement to
develop a comprehensive school health program in Roanoke was entered
into by Dr. E. J. Clarke of the Roanoke City Health District, Dr.
Frank P. Tota, Superintendent of Schools, and Mr. James D. Ritchie,
Director of Human Resources for the City. He pointed out that funding
by the Federal Government for Chapter I nurses has apparently been
deleted commencing this coming year, and the five part-time nurse posi-
tions are in danger of being abolished. He advised that presentations
have been made by representatives of the school nurses to the School
Board and to the Central Council PTA who apparently believe that
funding should come from the City Government, and management would
still be provided by the Health Department. He pointed out that the
state has denied more funding; that proposed City and school budgets do
not include funding for the school health program, and urged that
Council at least fund the existing contingent of school nurses and com-
mit to a phasing in of more nursing staff in order to handle a more
comprehensive program for all of the public school children. He stated
that the present staff can handle little more than crisis intervention
for the 13,200 children in 26 schools, and advised that the Virginia
State Task Force in 1987 called for at least one nurse in every school,
or one nurse per 1,000 students which would translate into 13 full time
nurses at the present time as compared to the two and one-half nurses
currently on staff. He stated that the children are the future of
Roanoke and to not provide for them in this way is to betray the
welfare and the trust of Council's constituents. On behalf of all of
the doctors of the Academy of Medicine, he urged that Council accept
the challenge.
Ms. Gerry E. Bourdaux, Chairman of the Parent Advisory Committee
for the Governor's School, 6910 Lamar Drive, N. E., and a member of the
Roanoke Regional Council for Education of the Gifted, advised that
because of her involvement on the abovestated committees, she has been
able to see which school systems provide or do not provide for the aca-
demically talented students of the Roanoke Valley. She stated that
Roanoke City is an outstanding leader in this regard because of its
unique programs for gifted students, programs such as PLATO for the
elementary school child, the Scholars Center for the middle school
child, the Governor's School and CITY School for high school students,
and the Senior Honors Pro§ram. She added that Roanoke County and the
City of Salem are in the process at the present time of upgrading their
own programs in response to competition with Roanoke City in order to
attract talented students. She advised that she resides in Roanoke
County and it is no secret that parents in the County and other school
districts have been transferring their gifted students to Roanoke City
in order to take advantage of the programs above referred to. She
pointed out that in November, she attended consolidation meetings which
were held in Roanoke County, along with 250 other County residents, and
168
one of the main reasons that the group listed for consolidation per-
tained to the high quality of programs offered by Roanoke City for the
academically talented student. In particular, she praised the efforts
of faculty and staff of the Governor's School for setting high academic
standards, advising that the Governor's School is one of 60 in the
nation and serves as a model school because it uses innovative educa-
tional ideas, integrated curriculum, cooperative learning techniques
and provides an outreach program to disseminate the latest information
in technology to other schools. She stated that the Roanoke office of
Economic Development often brings clients to the Governor's School who
are interested in relocating to the Roanoke Valley. She explained that
the Governor's School does its job on a "shoe-string" budget; that it
charges the smallest amount of tuition of any other Governor's School
in the State of Virginia; and its facilities are very limited, yet more
and more students attend every year. She commented that she would like
to make Council aware of the impact that the City's programs have had
on the community, and to urge that Council fully support the education
budget so that Roanoke City can continue its role as a leader in educa-
tion.
Ms. Katherine E. Glassbrenner, 5221Medmont Circle, S. W., advised
that she is the parent of three children in the Roanoke City school
system, President of the PTA at Raleigh Court Elementary School and
First Vice-President of the PTA at Woodrow Wilson Middle School. She
expressed appreciation to the City Manager for his support of the
school budget, advising that that kind of support and dedication is
needed for the education of the children of Roanoke City. She referred
to problem children in the schools, advising that a special program is
needed for this type of child because they prevent other children from
getting a good education when they are allowed to remain in the
classroom and they make parents afraid to send their children to the
City schools. She added that problem children cannot adequately have
their needs addressed in the regular classroom setting by the regular
classroom teacher, and teachers need a place to send these types of
students where they will receive specialized attention. She asked that
Council seriously consider the needs for an alternative education
program for the sake of the children themselves and for the sake of the
regular child, advising that everyone learns better when the classroom
is a place where teachers can teach and children can learn. She
advised that recently she visited a local greeting card shop and she
was waited on by her child's teacher, and she went to a movie theater
and her ticket was taken by her child's teacher. She stated that
teachers should not have to work a second job in order to make ends
meet. She called attention to instances in which principals earn less
money than teachers, advising that principals have to work all sunm~r,
therefore, on a hourly basis, the principal often makes less money than
the classroom teacher that he or she supervisors. She expressed con-
cern as to how the City will be able to retain good quality pro-
fessionals in its educational system, advising that one can take a fine
school and staff it with good teachers, but if those teachers have no
recognition or help, they cannot do a good job because they need sup-
port and leadership, and principals, as well as teachers, need to be
paid what they are worth. She added that if school nurses are not pro-
vided to address the physical needs of the children, the teacher will
be called upon to do one more job.
169
m
Ms. Diane Alexander, 1175 Garland Road, S. E., advised that the
middle school concept is successful; and her child attends Stonewall
Jackson Middle School and is learning academically at a rapid pace, the
credit for which she attributes to the teachers. She stated that there
are many programs at Jackson Middle School that encourage her son to
work academically as well as socially, and teachers take the time to
listen to the students as well as talk with them. She added that
teachers are not paid enough for the work they do not only in the
classroom, but after normal school hours, and urged that teachers be
given every consideration in their request for a pay increase.
Mr. Richard Ninninger, 1217 Sun,nit Avenue, S. W., advised that he
is a guidance counsellor at Fallon Park Elementary School which is the
largest elementary school in the Roanoke area or any other surrounding
County, with approximately 700 students. He stated that Fallon Park
Elementary School does not serve an affluent community and called
attention to the fact that approximately 500 of the students are
entitled to free or reduced lunches. He further stated that Fallon
Park serves children with high needs, children who often do not have
their needs met adequately in the home setting for a variety of
reasons. He added that it is vitally important that there be addi-
tional nursing services in the schools; that at the present time,
Fallon Park has the services of a nurse for three and one-half hours
per day, three days a week; that it is essential to have a full time
nurse at Fallon Park Elementary School; that during the times when the
nurse is not on duty, the staff receives between 10 and 15 requests
daily for nursing services; that some of these requests can be post-
poned and the needs can be met at a later time, however, there are
instances when requests cannot or should not be postponed. He urged
that Council, in its consideration of the proposed budget, give serious
consideration to providing nursing services in the schools as recom-
mended by the state.
Ms. Judith A. Burgess, Co-Chairman of the Special Education
Advisory Board and Parent Coordinator with the Parent Resource Center
in Roanoke City, expressed appreciation for the City's support of the
needs of the handicapped student. She urged that the City provide the
funding necessary for special children, advising that as the community
changes, the number of students and families with special needs will
grow even while overall school enrollment may decline. She stated that
the Special Education Advisory Committee and the Parent Resource Center
support full funding of the recommended school budget.
Ms. Whitney Matthews, 3605 Penarth Road, S. W., advised that she
is a student at the Governor's School and Co-President of the CITY
School Program and expressed appreciation for her education and for
what it has meant to her life. She stated that there are many aspects
of CITY School that should make Roanoke proud, such as advanced studies
in English, government and participation by representatives of the
business community, as well as the opportunity for professional intern-
ships. She further stated that as a student of the CITY School, she
has learned how well the community can work together and the importance
170
of working for the City. She added that at CITY School, students do
what they can to help Roanoke through community service which is their
way of thanking Roanoke for what it has given to them. She urged that
Council fully fund the school budget in order that other students will
have the opportunity to receive the same kind of education she has
received. She advised that she was specifically in favor of a seven
period day which would offer more opportunities within the school day.
Ms. Amy Frazier, 254 Cherryhill Road, N. W., a student at CITY
School and the Governor's School advised that she looked back upon her
12 years in the Roanoke City school system with happiness, appreciation
and satisfaction. She stated that she had the opportunity to travel to
Japan as an exchange student, to compete in academic competition
through the Governor's School, to participate in the CITY School
Program and to learn the language of Japanese at CITY School through an
eight week course which was taught after school hours in which students
paid their own tuition. As a host of Japanese exchange students, and
as an exchange student herself, she urged that Council fully fund the
school budget so that the language of Japanese can be taught at Patrick
Henry and William Fleming High Schools. She added that she hoped the
proposed budget will be adopted which will ensure that the programs for
which she is so grateful will continue to be offered in order that
other students will know the excellence in education that she has
been privileged to receive.
Ms. Barbara A. Smith, Director of the Refugee Office, 436
Bramble Lane, S. W., appeared before Council on behalf of the parents
of refugee children who cannot address Council because of language dif-
ficulties. She advised that a refugee is a person who must flee their
native country because of life threatening political situations and
who, the United States Government has accepted for resettlement in this
country, most of which in the Roanoke Valley are Southeast Asian. She
urged that Council vote for full funding of the Roanoke City schools,
and called attention to the fine job which has been done by teachers by
incorporating these students who do not speak the English language into
the classroom setting. She stated that currently, the City of Roanoke
has 45 students who are being taught by one English second language
itinerant teacher who travels from school to school teaching these 45
students English as a second language, and there are 29 high school and
middle school students who are being taught by one teacher at Patrick
Henry High School. She explained that from the beginning of April
until June 1991, the City can expect 100 additional foreign language
students who will need to be taught English as a second language; that
most of these students will not be able to speak English; and a large
percentage have never been in a school system or set foot in a school
before arriving in Roanoke. She pointed out that the Equal Education
Opportunity Act of 1974 states that equal education cannot be denied by
the failure of an educational agency to take appropriate action to
overcome language barriers that will allow equal participation in
instructional programs. She advised that the ESL Program is already
stretched beyond its limits and another 100 students will be added to
this already overstressed program; and although the number of ESL stu-
171
dents is small in proportion to the total number, this program is a
lifesaving program for those students who cannot achieve equal par-
ticipation except in this way. She urged that Council approve a fully
funded school budget including the ESL program.
Mr. Donald W. Hussee, 1612 Shamrock Street, N. W., addressed the
matter of personal property taxes and pointed out that his property
assessment increased by 124 per cent due, according to the Office of
Real Estate Valuation, to construction of two houses in his neigh-
borhood. He stated that many people in Roanoke City are out of work
and people that have steady jobs do not understand the kind of sacrifi-
ces that these people are forced to make. He spoke in favor of
lowering the tax rate and added that teachers are asking for more money
when they should be thankful that they even have a job.
Ms. Meredith Nouman, 1891 Arlington Road, S. W., requested that
Council support full funding of the school budget, advising that as a
two year resident of Roanoke, she has seen tremendous investments in
the future of this City's youth--a new airport terminal, the proposed
downtown tower, etc.---all of which set the tone for a progressive
tomorrow in terms of keeping young people in Roanoke. As a parent, she
requested that Council invest financially in the morale of the parents
and the teachers of the City's school system, advising that the Roanoke
City schools are an asset to the community; and students with diverse
economic and racial backgrounds reflect the civic arena of the Roanoke
of tomorrow. She requested full time principals in the neighborhood
schools and in the Magnet Schools which will continue the emphasis on
neighborhood schools, as well as funding for full day kindergarten for
all elementary schools.
Mr. Robert N. Turcotte, Co-President, Wasena Elementary School
PTA, spoke in support of a fully funded school budget. He advised that
Fishburn Park Elementary School and Wasena Elementary School are
paired, sharing a principal; that the principal is short on his most
valuable resource--his time, and with two schools and two staffs, he is
limited in the amount of time he can devote toward improving the
instructional quality for the children of the two schools. He stated
that with the passage of a fully funded school budget, Fishburn Park
and Wasena Elementary Schools will each have a full time principal as
mandated by the state. He asked that Council approve a fully funded
school budget which will protect the City's investment in its educa-
tional system, keep teachers and administrators financially secure in a
stable work force and improve programs which, in turn, will improve the
scholastic performance of students.
Ms. Pat Whitten, 3802 Bosworth Drive, S. W., President of the
Patrick Henry High School PTSA, advised that parents of students at
Patrick Henry High School are pleased with the commitment to education
expressed by the City Manager in his proposed budget for 1990-91, and
they are also pleased that the budget intends to finance programs such
as seven period days. She expressed support of programs included in
the proposed budget which will bring City schools into parity with
programs offered in County schools. She stated that students at
Patrick Henry and William Fleming High Schools have already won top
awards throughout the state and region in a diversity of subjects and
].72
skill; and the City offers 9ood programs, as well as exceptional
teachers, and it is felt that the teachers cannot be expected to remain
in a school system where their dedication and expertise are not
rewarded financially. She advised that better teacher salaries is a
top priority of parents because parents want to retain the excellent
and experienced teachers that help to make Roanoke's schools number
one; that programs will be worthless if the system loses experienced
teachers; that as an incentive, teachers need an adequate pay increase;
and in order to continue to move forward with programs and teacher
salary increases, there cannot be a decrease in the real estate tax
rate. She stated that the City will have to assume an increased
responsibility for the schools in the 1990's according to state and
federal governments; and the City Manager has submitted a budget that
is generous to the schools and Council is encouraged to approve the
recommended budget.
Mr. Ernest E. Johnson, Jr., 3524 Cove Road, N. W., member of the
William Fleming faculty and a patron of William Fleming High School and
William Ruffner Middle School, expressed appreciation for programs and
support of the school system which have made it possible for his
children to receive an education that is second to none even without
consolidation. He urged that Council not rest on the past, but look to
the future and provide a level of funding that will keep William
Fleming High School and the rest of the City schools at the top of the
echelon. He called attention to the need for a sufficient number of
computers for use in the regular classroom setting.
Ms. Shirley Whorley, 3016 Lombardy Road, N. W., a biology teacher
at William Fleming High School, discussed some of the exciting programs
taking place in the Science Department at William Fleming. She advised
that as the State Department of Education focuses on the success of the
population labeled as high risk, more staff is needed to work with
these students and additional planning time is needed to develop new
curricula so as to stimulate an interest in subject matter; and there
is a need for new instructional material, computers and software, rein-
forcement of activity, and renovation of two science labs in Camper
Hall. On behalf of the Science Department and other faculty and staff
at William Fleming High School, she expressed appreciation for
Council's past support, and requested Council's support of the 1990-91
school budget.
Ms. Alice McCaffrey, 7870 Cedar Edge Road, S. W., advised that the
City of Roanoke should be proud of its schools because they provide the
Roanoke Valley with innovative educational ideas that challenge every
school system to do better. She stated that during the two years she
has been a resident of the Roanoke Valley, the programs which have been
offered within the City school system have been so attractive that her
family now travels daily in order to be a part of this experience at
the Highland Park Magnet School. She added that not only is she a
Magnet School enthusiast, but she has had an opportunity to see and
hear about other programs that the City offers which generate excite-
ment, progress and learning. She urged that Council value the benefits
of education to a society and demonstrate its pride in the educational
system of the City by supporting the proposed budget of the Roanoke
City Schools.
173
Mr. James G. Overholzer, 2115 Avenel Avenue, S. W., advised that
he is the parent of a child attending Highland Park £1e~entary School.
He stated that because of the success that his child has achieved at
Highland Park and the programs offered, he fully supports the school
budget as recommended by the School Board.
Ms. Kathy Stockburger, 2506 Cornwallis Avenue, S. E., advised that
on behalf of Fishburn Park Elementary School, she would like to express
appreciation for the support that Fishburn Park has received in the
past. She stated that she is a Board Member of the Fishburn Park
Elementary School PTA and she has a great interest in the future of the
Roanoke City Public Schools. She added that this is an exciting but
critical time for the school system; that not only is the City a part
of a broader picture in which new possibilities exist for the Roanoke
Valley, but citizens face a multitude of concerns and problems which
are ~mre complex and more sophisticated than ever before. She advised
that as a parent, she is pleased with her child's education thus far;
that as a citizen of Roanoke, she is impressed with the ambitious
vision of the School Board and the apparent willingness of City Council
to make that vision a reality; however, turning that vision into
reality requires careful thought, concrete planning and expenditure of
considerable amounts of money which is an investment in the future of
the children of Roanoke. She stated that the City cannot afford to let
this opportunity for investment with such a high return pass it by;
that direct services to citizens must be the City's first priority;
that the City must be willing to compensate its professionals fairly so
that they will choose the opportunity to deliver these services because
without these professionals there will be no services to be delivered.
She explained that Fishburn Park Elementary School is fortunate to have
the beginning of a great computer lab, two full time Magnet Programs,
special education classes, excellent teachers, and 310 students. She
advised that Fishburn Park does not have a full time principal, and the
composition and needs of the student body have changed as evidenced by
a signficant increase in the free lunch program, single parent fami-
lies, use of a clothes closet and lack of discretionary money for even
a small extra such as the school book store. She stated that the needs
of the student body cannot be couched in just fiscal terms, and the
fiscal as well as the emotional needs of the student body cannot be met
without the advantage of a full time principal, and requested that
Council make this need a priority in the upcoming budget. She advised
that in order to be in compliance with the standards for accrediting
public schools in Virginia, the minimum staffing from an elementary
school with an enrollment above 300 is one full time principal, and an
alternative staffing plan that reduces the number of staffing positions
will not be accepted. She explained that the current principal at
Fishburn Park Elementary School is a dedicated educator who strives to
make himself available to both of his paired schools, however, crises
usually occur unplanned and unpredicted and the job of an elementary
school principal is an important one, therefore, sharing the principal
between two schools appears to be an inefficient form of management at
best.
174
Ms. Linda Greene, 2152 Mountain View Terrace, S. W., President of
the Virginia Heights Elementary School PTA, expressed appreciation for
Council's support of the school system as it strives to make educa-
tional programs stronger and more exciting. She stated that with
matching funds from the PTA and other partnerships, Virginia Heights
Elementary School has been able to stretch City School Board funds
farther than most people realize. She advised that Virginia Heights
has the only public school swimming program in the State of Virginia,
as well as a computer in every classroom, and a computer program that
is unique in the nation to only three schools for the hearing impaired.
She stated that through con~nunity involvement and established part-
nerships with civic groups, Virginia Heights is attempting to address
the many diversities of its students. She pointed out that a full day
kindergarten is needed, programs need to be established for those stu-
dents who are at risk, more than minimum state requirements for
guidance counselors and remedial teachers are needed, and salaries of
all employees in the Roanoke City school system need to be improved.
She stated that she would like for her children to receive the quality
of education that she received as a student in the system, and asked
that Council realize that the students of today will be the leaders of
tomorrow.
Ms. Joy Proffitt, 3640 Ventnor Road, S. E., representing the
Garden City Elementary School, advised that full day kindergarten would
be beneficial to the teacher, as well as to the child, because the
teacher would have more time to develop the whole child as opposed to
the academic side only. She stated that full day kindergarten would
also allow for enrichment time for all students, especially those with
limited experience in their backgrounds. On the economic side, she
explained that Garden City Elementary School looses many of its stu-
dents to Roanoke County due to its close proximity to the County and
the County's all day kindergarten program. She stated that parents
would benefit from all day kindergarten inasmuch as there are no day
care centers in the area to assist working parents. She explained that
Garden City Elementary School has had the advantage of an excellent
guidance counsellor three days a week, but additional time would permit
the counsellor to develop programs in the areas of self-esteem, drug
and alcohol abuse and study skills. She advised that Garden City needs
remedial reading teachers to assist with students who do not qualify
for special education programs who are struggling in certain academic
areas. She commented that Garden City receives the assistance of a
nurse one hour per week and not only would a full time nurse be helpful
by administering to children who come to school ill, but the nurse
could also provide preventative maintenance which could be used by all
children. She stated that the children of the City of Roanoke are its
greatest asset and their education should be given foremost con-
sideration when Council makes its financial decision on the budget.
Mr. George W. Sanderson, 144 Monterey Avenue, N. E., advised that
he is a member of a school volunteer program known as the Senior Stars
Program and he volunteers his time at the Hurt Park Elementary School.
He called athe need for full time nurses in the school, advising that
Hurt Park has a nurse two mornings per week and for some of the
children, because of their family background, the school health nurse
175
Iii
will provide the only source of professional medical treatment they
will receive. He also called attention to the need for all day kin-
dergarten where youngsters will be under the influence of caring
teachers. He advised that a reading resource teacher is needed at Hurt
Park, as well as additional computers. He spoke in favor of better pay
for teachers, more teaching positions and a classroom system of two-way
communication.
Ms. Carol Underwood, 6647 Bryant Circle, N. E., spoke on behalf of
school bus drivers, advising that in the past, driving a school bus was
more or less a job for housewives to help supplement the husband's
income; however, that is no longer the case. She referred to two dif-
ferent types of licenses that school bus drivers must possess, advising
that drivers are leaving the system for better paying jobs and they are
faced with more and more responsibility. She pointed out that school
bus drivers are the first person a child sees in the morning and the
last person they see in the evening that has anything to do with the
school system. She added that the decision as to whether some of the
drivers will remain in the system for the upcoming year will depend
upon whether or not Council decides to adopt the school budget as
recommended, and requested that Council approve the proposed budget
inasmuch as it is needed and deserved.
Mr. John D. Muskopf, 5415 Hunting Hills Drive, S. W., advised that
he is the parent of three children in the City school system. He asked
that Council listen to the mandate of all of the people who spoke
before him who requested that the school budget be fully funded. He
stated that there is a mandate before Council to fund the school budget
and asked that Council act accordingly. He requested that Council give
teachers and employees of the school system a three per cent increase
in salary above the amount that has been requested by the School Board
which will act as an incentive for teachers and school personnel to
remain in the school system.
Mr. Holly Mutter, Camp Director, Big Lick District, 1614 Gordon
Avenue, S. E., called attention to the need for another baseball field
in Garden City Park, as well as construction of some type of shelter in
Fishburn Park.
Mr. Willie Hurt, President of the Forest Park Elementary School
PTA, expressed appreciation to Council for its support of the school
budget in previous years. He advised that full day kindergarten and
full time guidance counsellors do work 100 per cent because both
programs have been established at Fishburn Park Elementary School. He
also spoke in support of a nurse for each school. He asked that
Council approve the school budget in full, advising that citizens are
proud to have a Council and a School Board that acts with wisdom on the
requests of the citizens of Roanoke.
Ms. Linda Schoonover, 1215 Amerhurst Street, S. W., expressed
appreciation to Council for its support of the Roanoke City school
system, advising that she hopes Council will support the proposed
school budget. She stated that her child would like to become a hair
dresser and she would like to receive her training through the Gibboney
176
Technical Center at Patrick Henry High School. She further stated that
being a part of this program has helped her daughter to grow in self
esteem, it has helped her to grow professionally and it has given her
compassion inasmuch as she works with some of the adult members of
Burrell Hospital. She advised that a comprehensive educational system
is the basic nutrient to the professional growth of its students as
they become an essential part of a prosperous and successful society, a
society in which they can aspire to be whatever they want to be and
they are limited only by their own determination and ambition. She
stated that Council's decision on the proposed budget will determine
the level of excellence in education for the Roanoke City Public
Schools.
Mr. Alvin M. Martin, 3325 Oakland Boulevard, N. W., advised that
he is the parent of two children who attend Preston Park Elementary
School where he serves as Co-President of the Preston Park PTA. He
spoke in support of full day kindergarten which is necessary for the
preparation of the basic learning skills of children entering school
for the first time. He stated that inasmuch as there is a 40 per cent
or better ratio of lower income students at Preston Park Elementary
School, many of these children come to school lacking meaningful
learning experiences. He pointed out that in most cases, either or
both parents work and time is not devoted to children before they come
to school, therefore, full day kindergarten would allow teachers to
have more time in preparing children to enter the first grade. He
explained that the decreasing enrollment in Roanoke City schools can be
attributed to half day kindergarten versus the concept of full day kin-
dergarten by surrounding school divisions. He called attention to the
need for remedial reading teachers, advising that reading skills are
necessary for children growing up in today's world, and illiteracy can
only be solved by supplying teachers who are skilled in the art of
teaching children how to read. He added that teachers need to work
with children on a one to one basis to ensure that they receive the
kind of reading skills that enable them to comprehend and follow direc-
tions which will provide them with a chance to become productive stu-
dents in the school system. He stated that it is a known fact that if
children cannot read, they are prime candidates for failure in school
and become failures in society because they cannot follow instructions.
To help ensure the success of children in the Roanoke City Public
School system, he stated that everything possible must be done to help
children learn to read in the early school years, and asked that
Council fund the school budget as requested in order to meet these
pressing needs.
Ms. Charlene O. Cooper, 1906 Fairhope Road, N. W., advised that
funding of the school budget is a necessity because education is vital
to the future of the children and without a proper education from well
trained, educated, organized and skilled teachers, the children of the
City of Roanoke will not be able to face the many obstacles and
challenges that lie ahead. She stated that the children of Roanoke
represent the key to the future. She advised that drug abuse is on the
rise and many children will be affected; that if providing longer kin-
dergarten hours and longer school days will help to keep the children
off of the streets, prevent drug abuse, and prevent illiteracy, the
budget as recommended by the School Board should be approved. She
expressed support for the Alternative Education Program which her
children participated in at William Fleming High School and, as a
result of their participation, they graduated from high school. She
applauded the Roanoke City public schools and Roanoke City teachers for
a job well done and asked that they be given the salary increases they
have requested. She stated that she supports a tax increase, she sup-
ports the proposed school budget and she supports the request of
teachers for a salary increase.
Mr. Leonard M. Barrow, 3871Wilmont Avenue, N. W., spoke in sup-
port of the proposed school budget, however, he expressed concern that
if the budget is not adopted as recommended, the Vocational Education
Program is likely to be deleted. Ne stated that his child participates
in the Vocational School at Patrick Henry High School; that there is
ample money for programs for the educationally gifted student which
stimulate their minds and abilities; and vocational courses provide the
same type of stimulation for students who wish to participate in that
type of curriculum. He asked that funds be included in the school
budget to continue the Vocational Education Program.
Ms. Joan M. McClung, 1950 Avon Road, S. W., advised that she is
the mother of twin sons who are seniors in the Roanoke City school
system who attend different schools by choice; that one son made the
decision to transfer to William Fleming High School in order to par-
ticipate in the Magnet School and he has done extremely well academi-
cally and athletically which is due to an excellent faculty,
accommodating administrators, and well planned, thoroughly researched,
and superior conducting of the aviation program at the William Fleming
Magnet School. She stated that by developing this farsighted program,
Roanoke City has given the hope of a better future to the students who
participate. She further stated that she supports full funding of the
school budget and challenged the City Government and the School Board
to work cooperatively to achieve more and greater things for the school
system. She added that the system may do a good job, but questioned
whether or not it is the best job; and funding may be sufficient but
not enough. She stated that the Roanoke City school system is pro-
viding a good education for its students, but is good the best that can
be done? She pointed out that a large portion of the students will be
short-changed; that the large majority of students fall in the middle
of the spectrum, students who have ability and many of them will go on
to college, but not because of their outstanding academic achievements
or because of their superior intelligence, but because of shear deter-
mination and necessity. She added that these students will struggle,
and many will succeed, but they will not earn honors in college,
however, they will earn a college degree and they will return to the
community and be good middle class citizens. She commented that the
average students who do not complete college will return to the com-
munity and become service workers and be good middle class citizens,
and it is good that the educational system can crank out good middle
class citizens, but is that the best the system can do? She noted that
78
citizens live in a world that is moving so fast that comprehension is
difficult; that the average student is not being prepared for these
challenges; that a high school diploma alone is not good enough anymore
and students must be educated not for just today but for tomorrow,
therefore, ways of teaching and new techniques must be found to prepare
children for their future which translates into more money. She stated
that if the community wants growth which, in turn, means revenue, a
better educational system must be provided which will attract new deve-
lopment, and attract prepared workers with skills and techniques in
order to develop companies which, in turn, will grow and produce more
revenue, and more revenue can and will provide better educational
opportunities. She advised that the system must develop programs to
keep children in school, to keep them off of drugs, to keep them out of
trouble and to show them the importance of getting not a good educa-
tion, but the best education possible. In order to provide the best
possible educatio, she stated that sufficient funds must be provided to
cover necessary expenses.
Ms. Rita M. Loeb, 36 Cardinal Road, S. W., referred to the Mill
Mountain Zoo, advising that the Zoo has been on Mill Mountain for 3B
years, having grown into a facility that not only houses and cares for
animals, but a facility which now concentrates on saving endangered
species and educating the public on these and other environmental
issues. She stated that the Zoo should be a source of pride for the
Roanoke Valley, and can be with financial support from the citizens of
the Valley and the City Government. She requested that the Zoo receive
the same consideration in funding as other cultural and educational
organizations in the City, such as Center In The Square and the
Virginia Museum of Transportation. She pointed out that the Zoo has
been funded in the same amount every year since 1977 with no increase,
however, expenses have continually increased, advising that the
admissions tax alone for 1987 was $5,475.00. She stated that Zoo offi-
cials appreciate the support of the City for the basic maintenance of
the buildings which are City owned. She requested the City's support
in the efforts of the Zoo to seek accreditation from the American
Association of Zoological Parks and Aquariums, and for expansion of
educational programs which will be available to over 10,000 school
children from the Roanoke Valley co,unity.
At 10:20 p.m. the Mayor declared the meeting in recess.
At 10:30 p.m. the meeting reconvened in the Exhibition Hall of the
Roanoke Civic Center, with Mayor Taylor presiding, and all the Members
of the Council in attendance.
Mr. Richard M. Po}ndexter, Route 11, Box 480-C, Botetourt County,
advised that he is a teacher in the Roanoke City school system, a
parent of two children in the system and President of the Roanoke
Education Association. He stated that last year, the School Board
asked teachers to sacrifice their salary increases in order to fund
programs; that by the time the School Board used the five per cent VSRS
write-off in the cost of health care increases, the pay raise that
teachers actually took home was approximately $125.00 less than the
previous year. Ne pointed out that School Board members promised to
make amends for this financial hardship this year, and now it has been
179
discovered that nurses have been placed in the supplementary budget
with funding left to the discretion of City Council. He requested that
Council do the good, right and honorable thing, advising that programs
are only as good as the people who implement them; that teachers are
tired of being asked to do more and more for less and less and they are
quickly reaching the point where they have to make a choice between
feeding their own children or subsidizing the educational program for
all of the school children. He asked that Council remember, as it
makes its decision on the 1990-91 school budget, that there are
teachers in the City who are providing the best possible education for
the children of the City of Roanoke at great personal expense, and
these teachers need to be compensated appropriately for their efforts
and for their dedication.
Ms. Judith W. Felty, 1829 Arden Road, S. W., advised that she
teaches in a program at Patrick Henry Nigh School known as the I-TE~uM
which is an interdisciplinary program and a remedial program that deals
with children who have not done well in the traditional classroom
setting and are in many ways socially, economically and educationally
at risk. She stated that the program involves a considerable amount of
time, interest and patience, advising that what is done for this
segment of the student population today will determine what they will
do to improve the quality of life in the Roanoke Valley in future
years. She asked that Council focus its attention on remedial programs
such as the I-TEAM at Patrick Henry Nigh School, as well as other reme-
dial programs which are desperately needed.
Ms. Robin A. Bailey, 2909 Broad Street, N. W., representing the
Round Hill Primary School, spoke in favor of a pay increase for City
school teachers.
Ms. Dorothy W. Wilson, 3752 Troutland Avenue, N. W., advised that
she is the parent of three children in the City school system and
stated that all schools deserve the same amount of funding, proper
materials and a decrease in the number of students in each classroom.
She stated that teachers not only have to teach the children, but they
have to set aside time in order to make children proper young women and
men because many children 20 not receive the proper training at home.
She commented that even though teachers are doing more and more, their
pay seems to be less and less. She urged that Council give the
teachers the money that they need in order to keep them on the job.
Mr. James L. Williams, 611 Leslie Lane, S. W., representing
Fairview Elementary School, expressed appreciation for the funds that
have been provided for food services for children in the City school
system, as well as funds for remedial reading programs at Fairview
Elementary School. He called attention to the need for full day kin-
dergarten classes, a pay raise for teachers, and six additional reme-
dial reading teachers. He asked that Council think about the children
and their future because the children who are being educated today will
be the leaders of tomorrow.
180
Mr. Ellis H. Milan, 3326 Melody Avenue, S. W., spoke against the
five cents tax increase on tobacco, tie stated that he could understand
and attest to the fact that the money is needed, but he did not
understand why a product that is digressing and is being attacked by
every organization in the country should be applied for a 100 per cent
tax increase. Ne further stated that ten cents per pack equates to
approximately one dollar per carton and one dollar per carton will
cause citizens to purchase cigarettes in Roanoke County, and when they
purchase cigarettes in the County, they will also purchase other pro-
ducts, therefor, the City will lose revenue from sales tax as well as
merchants tax. He advised that it is unfair to the merchants of
Roanoke Valley to compete with merchants in the Roanoke Valley who can
sell cigarettes for ten cents less per pack or one dollar less per car-
ton.
Mr. William L. Pruffitt, 3545 Greenland Avenue, N. W., advised
that he was opposed to any tax increase for automobile decals, cigaret-
tes or anything else. He stated that he did not think that the budget
of the School Board was justified, and the School Board has not
justified the pay raise that it approved for the Superintendent of
Schools which was exorbitant and an unfair use of taxpayers' money. He
further stated that he was not in full concurrence with the City's pro-
posed 1990-91 budget and mentioned specifically the uniforms for cer-
tain City personnel and free parking for certain City employees which
should not be funded at taxpayers' expense. He added that the utility
tax should be decreased; that something should be done about the real
estate tax rate which continues to increase; go up; and Council should
give careful review of the budget submitted by the Roanoke City School
Board. He con~nented that the City is overstaffed with too many people
working in different locations, as well as downtown Roanoke.
Ms. Peggy F. Wade, 3852 Amber Way Circle, S. W., expressed appre-
ciation to the City Manager for proposing that the entire school budget
be funded. She advised that the Roanoke City schools need a seven
period day if they are to produce young people who will be able to com-
pete with other young people on the college level and students must
have enough time in the school day to take subjects that they will need
for whatever vocation they choose. She urged that Council fund the
school budget so that students can be satisfactorily prepared, advising
that state regulations for graduation are increasing, that computer
science is required, as well as more mathematics and more foreign
languages, which can only be provided through seven period days. She
stated that an additional period will require more teachers and more
money, but it will be worth the expenditure because young people need
to be competitive and they need to be prepared for whatever they face
in the future.
Mr. Ted G. Porter, 4707 Jacklin Drive, N. E., Baseball Director,
Williamson Road Recreational Club, called attention to the need for
additional playing fields for softball, baseball, soccer and t-ball,
etc., and asked that Council not forget the parks and recreation needs
of the City when considering the proposed budget for fiscal year
1990-91.
181
Ms. Margaret S. Wright, 5731 Scenic Hills, Roanoke County, advised
that she is the parent of four children in the Roanoke City schools.
She stated that she has been impressed with the principals of the four
schools that her children attend, as well as the teachers; however,
Fishburn Park Elementary School needs a full time principal. She added
that she supports the need for nurses in the schools and she is con-
cerned about the cut in the proposed school budget which will effect
the violin program. She called attention to the need for additional
funds for teacher salary increases, as well as funding to continue the
Governor's School. She stated that she supports full funding of the
school budget because the children of Roanoke represent the future.
There being no additional persons who wished to be heard, the
Mayor declared the public hearing on the proposed 1990-91 fiscal year
budget for the City of Roanoke adjourned at 11:15 p.m.
APPROVED
ATTEST:
City C1 erk
Mayor
m
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
May 7, 1990
2:00 p,m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S.W., City of Roanoke, on Monday, May 7, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, .Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland and
Mayor Noel C. Taylor ......... 7.
ABSENT: None ...............
O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-YOUTH: The Mayor advised that each year
the City of Roanoke observes Student Government Day which is designed
to give seniors in the Roanoke City Schools an opportunity to inner act
with City government elected officials and administrative personnel.
He further advised that the roi)owing students had participated in day
long activities in order to learn how their City government serves:
David Anderson
David Bell
Melissa Bonham
Amy Brown
Diane Burrows
William Bryson
Whitney Carter
Kati Castern
David Clayton
Todd Creasy
Angela Dalton
Roger Farmer
Mike Fazar
Melissa Ferguson
Katy Ford
Robin Ford
Angela Lewis
Autumn Martin
Brian McClung
Jeff McClung
Dawn McDowell
Christine Meredith
Michael Mitchell
Monica Moses
Laurie Nelson
Brian Olinger
David Phelps
Mary Prestipino
Frank Pru
Robert Richards
Kevin Ringley
Dana Jo Short
183
Angel a Gibson
'Carmel Gilpin
Kristi Griffin
Brad Harris
Jay Hogan
Brian Hopkins
Ron Hurt
Ed Jones
Joseph Kelley
Beth Simons
Jeanene Sims
Mike Stanley
Brian Stoneburner
Robin Tare
Donald Thacker
Michelle Turtle
Eric Williams
Chris Wright
The Mayor announced that Student Government Day is sponsored by
the City's Office on Youth, the Youth Services Citizen Board and the
Youth Advisory Committee.
The Mayor advised tilat each year during Student Governnent Day,
Council has the pleasure of recognizing a student who has made signifi-
cant contributions to the City of Roanoke, and the Youth Advisory
Committee and stated that it gave him great pleasure to announce that
Ms. Augusta Vance had been designated as "1990 Student of the Year".
He stated that this honor was bestowed upon Ms. Vance in recogni-
tion of her involvement in City activities and her concern for the well
being of her fellow citizens. He further stated that Ms. Vance has
served as Chair and Vice-Chair of the Youth Advisory Committee of the
Youth Services Citizen Board for the past five years, having shown
dedication and having worked diligently to fulfill her respon-
sibilities. · ....
On behalf of the Members of City Council, Elected and Administra-
tive officials, the Mayor presented Ms. Vance with the highest gift the
City has to offer, the Key to the City of Roanoke.
The Mayor presented each of the students participating in Student
Government Day with an "Executive Glass" engraved with the Seal of the
City of Roanoke.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to four requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; a matter regarding the
disposition of publicly held property, specifically conveyance of a
parcel of land for economic development purposes; a matter pertaining
to acquisition of real property for public purposes for the Roanoke
River Flood Reduction Project and specific legal matters requiring the
provision of legal advice by counsel, being the terms and conditions of
the Roanoke River Flood Reduction Project Local Cooperative Agreement
with the U. S. Government; and a matter regarding compensation of cer-
-~tain Council Appointed Officers. -
184
ACTION:
ACTION:
ACTION:
MINUTES: Minutes of the special meeting of Council held on
Monday, December 4, 1989; the regular meetings of Council held on
Monday, December 4, 1989, and Monday, December 11, 1989; the special
meetings of Council held on Monday, December 18, 1989; and the regular
meetings of Council held on Monday, December 18, 1989, and Tuesday,
December 26, 1989, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .................. 7.
NAYS: None ........ O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........ 7.
NAYS: None .......... O.
BUILDING DEPARTMENT (BOARD OF ADJUSTMENTS AND APPEALS, BUILDING
-CODE): !A~communication from Mr. Paul V~ Childress, Jr., tendering his
resignation as a member of the Board of Adjustments and Appeals,
Building Code~,effective immediately~ inasmuch~as he will be residing
in Northern Virginia, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .............. .-7.
NAYS: None .......... O.
185
ACTION:
ROANOKE ARTS COMMISSION: A communication from Mr. Peter Rippe
tendering his resignation as a member of the Roanoke Arts Commission,
inasmuch as he is currently serving as Director of the Buckley Moss
Museum in Waynesboro, Virginia, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ..................... 7.
NAYS: None .................. O.
ELECTIONS: A communication from Mr. Alton B. Prillaman,
Secretary, Roanoke City Electoral Board, transmitting an Abstract of
Votes cast in the General Election held on May 1, 1990, in the City of
Roanoke, for the offices of three Members of City Council, was before
the body.
"ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the special election held on May 1,
1990, on the following question or proposition:
BOND ELECTION
QUESTION: Shall Ordinance No. 29918, adopted
by the Council of the City of Roanoke on
February 5, 1990, entitled: 'AN ORDINANCE
authorizing the issuance of Fifteen Million Two
Hundred Fifty Thousand Dollars ($15,250,000) prin-
cipal amount of general obligation bonds of the
City of Roanoke, Virginia, for the purpose of pro-
viding funds to defray the cost of the City of
Roanoke of needed permanent public improvements of
and to public buildings, school buildings, the
system of storm drains, public sidewalks, curbing,
streets, highways and bridges, and acquisition of
real property for the foregoing; and providing for
an emergency.', be approved?
Total Votes
Received
(In Figures)
FOR (YES) 7,381
AGAINST (No) 2,839
186
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited with the
Clerk of the Circuit Court of the election on
May 1, 1990, do hereby certify that the above is a
true and correct Abstract of Votes cast at said
election for and against the question or proposi-
tion set forth above.
Given under our hands this 2nd day of May,
1990.
A copy teste:
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the May 1, 1990 General Election, for:
Member, City Council
Names of Candidates
Total Votes
Received
(In Figures)
Roland H. "Spanky" Macher
James G. "Jtmn!y" Harvey, II
Howard E. Musser
William "Bill" White, Sr.
Cecil McClanahan
James O. Trout
Donald Bartol
M. Caldwell Butler
Richard Delipierre
W. J. Garst
3,856
8,203
8,848
7,314
1,036
4,516
1
1
1
1
We, the undersigned Electoral Board,~ upon examina-
tion of the official records deposited with the
Clerk of the Circuit Court of the election held on
May 1, 1990, do hereby certify that the above is a
true and correct Abstract of Votes cast at said
election and do, therefore, determine and declare
that the following person(s) have received the
greatest number of votes cast for the above office
in said election:
ACTION:
ACTION:
James G. "Jimmy" Harvey, II
Howard E. Musser
William "Bill" White, Sr.
Given under our hands this 2nd day of May, 1990.
A copy teste:
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board"
(For full text, see communication and Abstract of Votes on file in the
City Clerk's Office.)
Mr. Trout moved that the communication and Abstract of Votes be
received and filed. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ......... --7.
NAYS: None ............ O.
PENDING LIST: A list of items pending from July 10, 1978 through
April 23, 1990, was before Council. ~ '
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ....... 7.
NAYS: None ........
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter regarding the disposition of publicly held
property, specifically conveyance of a parcel of land for economic
development purposes, pursuant to Section 2.1-344 (Al (3), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
187
188
ACTION:
ACTION:
ACTION:
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter regarding
the disposition of publicly held property, specifically conveyance of a
parcel of land for economic development purposes, pursuant to Section
2.1-344 (A) (3), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........... 7.
NAYS: None ........................
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter with regard to acquisition of real property
for public purposes for the Roanoke River Flood Reduction Project and
specific legal matters requiring the provision of legal advice by
counsel, being the terms and conditions of tile Roanoke River Flood
Reduction Project Local Cooperative Agreement with the U. S.
Government, pursuant to Section 2.1-344 (A) (7), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter with regard
to acquisition of real property for public purposes for the Roanoke
River Flood Reduction Project and specific legal matters requiring the
provision of legal advice by counsel, being the terms and conditions of
the Roanoke River Flood Reduction Project Local Cooperative Agreement
with the U. S. Government, pursuant to Section 2.1-344 (A) (7), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............. -7.
NAYS: None .......... O.
COUNCIL: An oral request of Council Member Howard E. Musser that
Council meet in Executive Session to discuss a matter regarding the
..,compensation of certain Council Appointed Officers, pursuant to Section
2.1-344 (A) (1), Code of Virginia (1950), as amended, was before the
body. ·
Mr. Trout moved that Council concur in the request of Council
Member Musser to convene in Executive Session to discuss a matter
regarding the compensation of certain Council Appointed Officers, pur-
suant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........... 7.
NAYS: None ............... O.
189
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC ~TTERS:
ARCHITECTURAL REVIEW BOARD-LANDmaRKS: Ms. Lin Melchionna, Presi-
dent of the Roanoke Valley Preservation Foundation, a valley-wide, non-
profit organization created to promote historic natural and historic
resources in the Roanoke Valley, appeared before Council and advised
that the Historic Preservation Act of 1990 will be celebrated across
the nation on May 13 - 19, 1990, and she was pleased that the City of
Roanoke and other valley governments will observe this special Act
through proclamations issued by each locality. She stated that the
Roanoke Valley Preservation Foundation, Roanoke Regional Preservation
Office and Old Southwest, Inc., are looking fo)~ard to the celebration
which will call attention to the accomplishments of preservation in the
community and serve as a reminder of the marvelous opportunities our
heritage provides. She further stated that the theme of this year's
celebration is, "Keep America's Heritage Alive". She explained that
the City of Roanoke has a significant heritage to preserve, a variety
of historic structures, pre-historic and historic archaeological sites,
rich historic landscapes and wonderful traditions which help provide
the City's character and appeal. She advised that the City of Roanoke
has been a great leader in preservation efforts over the past decade,
with important achievements including the City Market area, the ware-
house, the Southwest National Register of Historic Districts, a revita-
lized downtown, historic neighborhoods, numerous individually listed
historic properties, an Architectural Review Board, a downtown historic
building rehabilitation incentive package with low interest loan
programs, design assistance and facade grants, the first Regional
Department of Historic Resources Office, and recognition on the
national level for work in historic preservation. She stated that as
Roanoke enters the 1990's, historic and cultural resources will provide
opportunities and challenges in planning and preservation; that careful
thought and discisionmaking is required and the Preservation Foundation
is hopeful that the demonstrated care and concern by City leadership
will prevail.
Ms. Melchionna advised that a very special part of the City's past
is the Belmont/Monterey Rural Historic area, and the Roanoke Valley
Preservation Foundation and the Roanoke Regional Preservation Office
are pleased to honor Roanoke City Council and City staff at a reception
which will be held at historic Monterey during Preservation Week.
Dr. John Kern, Director of the Roanoke Regional Preservation
Office of the Virginia Department of Historic Resources, appeared
before Council and advised that it has been an honor for the pilot
regional historic preservation office to be located in the City of
Roanoke. He reported that progress has been made over the past year
and it has been a pleasure to work with a City that has been well
governed and well managed, and has a national reputation in historic
preservation planning. He added that it has also been a pleasure to
work with the Roanoke Valley Preservation Foundation and Old Southwest,
Inc. He stated that historic preservation promotes citizenship,
strengthens good neighborhoods and sustains economic development; that
recent economic studies indicate that downtown convention centers fare
190
ACTION:
best when they can draw on the heritage tourism which is generated by
historic commercial districts and, with this fact in mind, the Preser-
va tion Office has worked with City Planners and the Architectural
Review Board to provide technical assistance to insure that the City
Market Historic District retains its architectural character. He
further stated that in terms of historic preservation planning, the
Preservation Foundation now routinely receives rezoning requests for
review prior to submittal to the City Planning Commission, and the
Regional Preservation Office is working with the City and the Roanoke
Valley Preservation Foundation to make available a viewshed analysis, a
new technology that will enable the expansion of the Roanoke Center for
Industry and Technology while preserving the cultural landscape between
the expanded Center and Belmont at the Tinker Creek crossing of the
great wagon road. He remarked that the Foundation and the Preservation
Office are working with Virginia Tech and the City on the historic
designation of The Hotel Roanoke, one of the principal landmarks of the
City, as well as with members of First Baptist Church on Jefferson
Street with regard to the historic designation of the original church
structure. He added that the greatest success of the Regional Preser-
vation Office has been in terms of heritage education, working with the
Parks and Recreation Department and using Buena Vista Recreation Center
as their office. Dr. Kern expressed appreciation to the City of
Roanoke for making preservation effective, interesting and profitable.
Mr. Trout moved that the remarks of Ms. Melchionna and Dr. Kern be
received and filed. The motion was seconded by Mr. Garland and unani-
mously adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET-GRANTS-PLANNING: The City Manager submitted a written
report advising that the Community Development Block Grant Program
(CDBG) was created lin 1974 to replace the old Housing and Urban
Development (HUD) urban renewal and catergories grant programs which
were popular during the late 1960's and early 1970's; that since 1974,
the City of Roanoke has received approximately $30 million in CDBG
funds which have been used on numerous projects in housing, economic
development, community services, and public improvements; and Roanoke's
CDBG entitlement will be $1,563,000.00 for the fiscal year beginning
July 1, 1990, with $520,788.00 being added in program income generated
by the grant program from previous years.
It was further advised that the new HUD CDBG funds, added to those
unspent from previous years, will leverage an estimated $3,881,516.00
in additional monies from Federal, State, Local and Private sources,
for a total program scope in the amount of $7,611,815.00; that citizen
hearings and workshops were held on January 16 and April 17, 1990, in
order to obtain recommendations of citizens and to identify revitaliza-
191
tion needs for the coming year; that public hearing results revealed
that citizens are concerned about housing, neighborhood economic deve-
lopment, and drug abuse as the primary problems facing their neigh-
borhoods; and the 1990-91 Statement of Objectives and budget proposals
therefore places heavy emphasis on housing programs and economic deve-
lopment as in previous years.
It was explained that new programs have been added to address tile
problem of drug abuse and related issues; that six new projects are
being recommended for funding; that 27 on-going projects are recom-
mended to have funds added to them; that seven projects are on-going
without the need for additional funds; that ten projects were submitted
for funding which cannot be recommended at this time, with 40 indivi-
dual projects and activities funded in whole or in part with CDBG
funds; and the CDBG program will accomplish the following:
Housing: (32 per cent of CDBG funds; 32 per cent
of funds overall)
Rehabilitate or repair 141 houses or rental
units.
2. Board up 13 buildings.
3. Demolish 13 vacant structures.
0
Assist 20 families to purchase and rehabili-
tate homes.
5. Support new construction of 63 affordable
houses.
Drug Abuse: (five per cent of CDBG funds; seven
per cent of funds overall)
Provide five workshops for 150 parents and
children on drug abuse issues.
0
Provide contractual staff for a coordinated,
interagency approach to fighting back against
drugs in Roanoke.
Assist in the renovation of a drug and alcohol
detoxification center to treat 320 people
annually.
Economic Development:
(43 per cent of CDBG funds;
39 per cent of funds
overall)
Assist in the renovation of a neighborhood
grocery store providing needed services and 25
jobs.
192
Provide for acquisition of property for future
industrial parks ultimately to create 195
jobs.
Assist in the rehabilitation of 15 downtown
store fronts, reducing blight and creating 20
jobs.
4. Provide loans to four small businesses,
creating 14 jobs.
Assist with the Henry Street Music Center,
providing 12 jobs.
TOTAL JOBS: 266
It was further explained that in addition, 460 families will be
helped in crises situations; that 22 neighborhood organizations will be
provided with technical assistance and staff support; that eight mini-
grants will be awarded to neighborhoods; that two neighborhood develop-
merit grants will be awarded to neighborhoods; and general administra-
tion and program oversight will be provided by the Roanoke Redevelop-
merit and Housing Authority and the City's Office of Grants Compliance.
The City Manager advised that the proposed CDBG budget and program
is responsive to the stated concerns nf the citizens of Roanoke, as
well as meeting the regulatory requirements of HUD; that it provides
for housing improvement, business development, the creation of new job
opportunities, human development, the strengthening of neighborhood
organizations and adequate administrative oversight for tile entire
program; that the proposed budget will allow the City to build upon the
successes of the past and to meet some urgent critical needs; that the
CDBG program is submitted for Council's review; that on May 14, 1990,
City Council has scheduled a public hearing to receive the comments of
citizens, at which time Council will be requested to authorize the City
Manager to submit the proposed 1990-1991 Statement of Objectives to the
Richmond Office of the Department of Housing and Urban Development for
review and approval.
(For full text, see report on file in the City Clerk's Office.)
Inasmuch as the above was a briefing matter for the information of
Council, no action was taken.
ITEMS RECOMMENDED FOR ACTION:
SPECIAL PERMITS-STREET LIGHTS-PARKS AND PLAYGROUNDS: The City
Manager submitted a written report advising that Festival-in-the-Park
is an established annual tradition in Roanoke; that Festival activities
originate in City parks during two consecutive weekends in May and June
with music, art, crafts, performing arts, sporting events, food, etc.;
193
Il
i!
ACTION:
that Festival-in-the-Park, Inc., has requested permission to hang
Festival banners from various street light and traffic signal poles in
the downtown area for the period of May 8 - June 9, 1990; that the
traffic signal poles owned by the City of Roanoke are located at the
intersections of Jefferson Street-Elm Avenue and Jefferson
Street-Franklin Road; and the street light poles owned by Appalachian
Power Company (APCO) are located along Elm Avenue and Franklin Road,
which will require APCO's approval.
The City Manager recommended that Council 9rant the request of
Festival-in-the-Park, Inc., to hang Festival banners from City traffic
signal poles in the downtown area for the period of May 8 - June 9,
1990.
(F~r full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#30015-50790) A RESOLUTION authorizing a revocable permit to
Festival-in-the-Park, Inc., to hang certain banners from City traffic
signal poles in the downtown area, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 51, page 581.)
Mr. Bowers moved the adoption of Resolution No. 30015-50790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor- 7.
NAYS: None-- .0.
CLEAN VALLEY COUNCIL-GRANTS: The City Manager submitted a written
report advising that the Clean Valley Council, Inc., was originated by
the governments in the Roanoke Valley to coordinate a valley-wide
litter control program; and all grants to the localities are received
by each locality and then transferred to the Clean Valley Council for
that purpose, in the following amounts:
City of Roanoke
Roanoke County
City of Salem
Town of Vinton
Botetourt County
$ 8,101.00
7,034.00
3,038.00
1,635.00
3,941.00
Total
$23,749.00
194
ACTION:
It was further advised that the Clean Valley Council, Inc.,
generally submits a cooperative grant application for the five locali-
ties; and the Department of Waste Management, Division of Litter Con-
trol and Recycling, requires a resolution from each locality designat-
ing the Clean Valley Council, Inc., as recipient of the funds for the
year beginning July 1, 1990.
The City Manager recommended Council adopt a resolution
designating the Clean Valley Council, Inc., as recipient of the
Division of Litter Control and Recycling Grant for the year beginning
July 1, 1990.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30016-50790) A RESOLUTION designating the Clean Valley Council,
Inc., to develop a coordinated litter control program for the entire
Roanoke Valley and authorizing such Council to apply for certain grant
funds from the Commonwealth for operation of such program.
(For full text of Resolution, see Resolution Book No. 51, page 582.)
Mrs. Bowles moved the adoption of Resolution No. 30016-50790. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ......... 7.
NAYS: None .......... . ....... O.
At 3:00 p.m., the Mayor declared the meeting in recess in order
that those students who had participated in 1990 Student Government Day
could leave the Council Chamber.
At 3:15 p.m., the meeting reconvened in the Council Chamber with
all Members of the Council in attendance, and Mayor Taylor presiding.
BUDGET-HUMAN RESOURCES: The City Manager submitted a written
report advising that the City Department of Social Services is
required to arrange and pay for day care for children of parents who
are mandated to seek employment while receiving financial assistance
for dependent children or food stamps; that parents must participate in
job search or career exploration if they do not become employed; that
parents who become employed are eligible for day care on a sliding fee
scale up to 12 months after they are no longer eligible for a money
payment from Social Services; and the State Department of Social
Services is committed to reimburse 90 per cent of day care costs.
It was further advised that the cost of day care was underesti-
mated in fiscal year 1989-90 by $70,000.00; and factors contributing to
said deficit are as follows:
195
ACTION:
Day care centers, serving 75 per cent of the
children in the City's program received a rate
increase up to 22 per cent.
Number of children served increased from 283 in
March, 1989 to 340 in March, 1990.
It was explained that the Auxiliary Grant Program will be under-
utilized in fiscal year 1989-90 by $35,000.00.
The City Manager recommended that Council authorize the transfer
of $35,000.00 from the Auxiliary Grant Program, Account No. 001-054-
5313-3120, to Purchase Services, Account No. 001-054-5314-3160;
increase Expenditure Account No. 001-054-5314-3160 by $35,000.00 and
increase revenue estimate of funds received from the State Department
of Social Services, Account No. 001-020-1234-0683, by $63,000.00 and
decrease Revenue Account No. 001-020-1234-0670 by $28,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30017-50790) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 583.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30017-50790.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........ 7.
NAYS: None ...................
BRIDGES-DOWNTOWN TOWER PROJECT: The City Manager submitted a
written report advising that the City of Roanoke, in anticipation of
the need to proceed with providing an atrium, pedestrian bridge and
streetscape improvements in connection with the Dominion Tower and
parking garage development at the corner of ~efferson Street and Salem
Avenue, initiated the process for securing engineering services for
said improvements; and architectural and engineering services are
needed to prepare complete plans and specifications for the above-
referenced components.
It was further advised that Engineering Services Qualification
Proposals for preparation of the plans were publicly advertised on
October 22, 1989, and received on November 10, 1989; that selection of
the firm for consideration was based on qualification of personnel,
time available to meet schedule, experience in urban design, ability to
196
ACTION:
produce project on time, local accessibility for project coordination
and cooperation, response to request for proposals, and past record
with the City; that interviews were held with five of the firms which
were deemed qualified; that negotiations were conducted with the firm
which was felt to be the most qualified for project requirements; and
the scope of work to be performed will include complete plans and spe-
cifications for:
an enclosed pedestrian bridge that connects the
project site on the south side of the railroad with
the Hotel Roanoke site on the north side of the
railroad,
an atrium that provides access to the pedestrian
bridge through the project sit~, and
streetscape improvements on the rights-of-way out-
side the face of the Dominion Tower, with elements
to be considered including landscaped medians on
Jefferson Street, Norfolk Avenue, new sidewalk,
trees, benches, and streetlights.
The City Manager recommended that Council award an architectural
and engineering services reimbursement, with a cost ceiling contract,
to Hayes, Seay, Mattern and Mattern, Inc., subject to approval by the
City Attorney, in the amount of $265,600.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#30018-50790) A RESOLUTION authorizing the execution of a
contract with Hayes, Seay, Mattern and Matter, Inc., to provide certain
architectural and engineering services, specifically the plans and spe-
cifications for an atrium, pedestrian bridge and streetscape improve-
merits in connection with the Dominion Tower and parking garage
development at the corner of Jefferson Street and Salem Avenue.
(For full text of Resolution, see Resolution Book No. 51, page 583.)
Mr. Trout moved the adoption of Resolution No. 30018-50790. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ....... 7.
NAYS: None ..........
De
197
11
ill
PUBLIC WORKS-CONSULTANTS REPORTS: The City Manager submitted a
written report advising that City personnel responsible for painting
City vehicles disposed of the remainder of paint and paint cleaner near
the fence behind the paint shop at the service center from the time
they moved into the facility until approximately two years ago; that
the City has voluntarily agreed with the Virginia Department of Waste
Management to conduct a site assessment of the affected area and eva-
luate clean-up options if necessary; that a good portion of the
cleaners and solvents are volatile compounds that would evaporate; and
before the clean-up could begin, it was necessary for a work plan to be
developed and approved by the Department of Waste Management.
It was further advised that the Motor Vehicle Maintenance Depart-
ment had the work plan developed and turned the plan over to the
Engineering Department for execution, whereby the Engineering Depart-
ment advertised on February 19, 1990, for qualified and state certified
firms to evaluate the environmental impact of past waste disposal acti-
vities in accordance with the approved work plan; that on March 30,
1990, the Engineering Department interviewed three firms that had
responded to the request for proposals; and the firm of Olver, Inc.,
was selected as the most qualified to carry out the work plan which was
approved by the Department of Waste Management, consisting of the
following:
Drilling of 16 holes within the defined area and
the analysis of four separate samples from each
test hole.
Holes to be drilled four feet deep with samples to
be taken and analyzed at each foot of depth (a
maximum of 64 tests).
Two additional holes (8 samples) to be drilled and
the samples to be analyzed to form a base com-
parison with the surrounding area.
It was explained that Olver, Inc., submitted a schedule of the
unit prices for tasks to be performed in the implementation of the work
plan, along with a maximum amount for the work if all of the samples
must be analyzed; and it is the assumption of Olver, Inc., based on the
appearance of the suspected site area, that execution of the approved
work plan should be in the cost range of $35,000.00 to $40,000.00.
The City Manager recommended that he be authorized to enter into a
unit price contract, in a form subject to approval by the City
Attorney, to execute the Department of Waste Management approved work
plan at the Public Works Service Center with Olver, Inc., in an amount
not to exceed $50,000.00, without further approval of the City; that
the work be done in a timely manner as required for different tests by
198
ACTION:
ACTION:
the Department of Waste Management; and authoriz~ the Director of
Finance to appropriate $50,000.00 from prior years retained earnings
to an account to be established for said project to be entitled,
P.W.S.C. Site Assessment,
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30019-50790) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 585.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30019-50790.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor- 7.
NAYS: None ...... O.
Mr. Fitzpatrick offered the following Resolution:
(#30020-50790) A RESOLUTION authorizing the execution of a
contract with Olver, Inc., for implementation of a work plan and site
assessment at the Public Works Service Center, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 51, page 585.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30020-50790.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .............. 7.
NAYS: None ........ O.
BUDGET-WATER DEPARTMENT: The City Manager submitted a written
report advising that numerous water projects have been approved by
Council for construction in recent years; that the projects have
included construction of water lines, fire hydrants, improvements at
Hollins and Statesman Industrial Park Pump Stations, Carvins Cove
Reservoir and painting storage tanks; that funding is established for
each project when Council approves the construction based on bid
amounts, as well as extra funding for possible contingencies; and
funding for projects constructed by City forces is based on Council
approved Water Fund budget appropriations.
199
m
ACTION:
It was further advised that completed projects often have con-
tingency funds remaining after final bills are paid because most pro-
jects are completed within the established budgets; that closeout of
projects and deappropriation of funds authorized by Council is needed
in order to make said funds available for other needs, subject to
approval by Council; and reduction of appropriations for projects
which are nearing completion would also allow excess contingency funds
to be made available for other needs, subject to approval by Council.
The City Manager recommended that Council authorize the closeout
of completed water projects and the deappropriation of funds, as well
as the reduction of appropriations for projects nearing completion, as
follows:
Account No.
002-056-8308-9003*
002-056-8326-9003*
002-056-8332-9003*
002-056-8344-9003*
002-056-8348-9003*
002-056-8356-9003
002-056-2178-9028
002-056-2178-9033
Description
Funds Available
Garst Mill Road
Statesman Telemetry
Hollins P. S. Imp.
C. C. Conc. Repl.
FY 86 Projects
Airport Rd. Line
Water Mx. Painting
F. H. FY 87
De-appropriate
$171,000.00 $171,000.00 (1)
6,492.00 6,492.00
22,924.00 22,924.00 (2)
640.04 640.04
.20 .20
61,647.92 40,000.00 (3)
75,000.00 75,000.00 (4)
168,233.00 100,000.00 (5)
$416,056.24
* - Close out accounts
(1) Project no longer required.
(2) Contingency funds remaining.
(3) Force account work resulted in savings in project cost.
(4) Postponed for funding next year.
(5) Over budget for crew capability.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30021-50790) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Water Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 585.)
Mrs. Bowles moved the adoption of Ordinance No. 30021-50790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .... 7.
NAYS: None ...... O.
200
ACTION:
ACTION:
BUDGET-PUBLIC WORKS-EQUIPMENT: The City Manager submitted a writ-
ten report concurring in a report of a bid committee with regard to
purchase of a car-carrier, cab/chassis and body to properly and safely
transport out of service City vehicles, particularly front wheel drive
vehicles.
The bid committee recommended that Council accept the bid of
Berglund Chevrolet, Inc., for a truck cab/chassis for car-carrier, in
the amount of $12,323.27, and the bid of Lee-Hi Wrecker Sales for a
car-carrier body, in the amount of $10,270.95; that Council reject all
other bids received; and appropriate $22,594.32 from Internal Services
Prior Years' Retained Earnings, to Motor Vehicle Maintenance, Account
No. 006-052-2641-9015.
Mr. Garland offered the following emergency budget Ordinance:
(#30022-50790) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 586.)
Mr. Garland moved the adoption of Ordinance No. 30022-50790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Bowles, Fitzpatrick, Garland and
Mayor Taylor ....... ---5.
NAYS: None-- .0.
(Council Member Bowers abstained from voting.)
was out of the Council Chamber.)
(Council Member Trout
Mr. Garland offered the following Resolution:
(#30023-50790) A RESOLUTION accepting bids for a truck cab/chas-
sis and car-carrier, and rejecting other bids.
(For full text of Resolution, see Resolution Book No. 51, page 587.)
Mr. Garland moved the adoption of Resolutio~ No. 30023-50790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Bowles,. Fitzpatrick, Garland and
Mayor Taylor ......... ---5.
NAYS: None ..........
(Council Member Bowers abstained from voting.)
was out of the Council Chamber.)
(Council Member Trout
201
ACTION:
ACTION:
BUDGET-EQUIPMENT-PUBLIC WORKS: The City Manager submitted a writ-
ten report concurring in a report of a bid committee with regard to the
purchase of a two-ton forklift to be used by the Motor Vehicle
Maintenance Department.
The bid committee recommended that Council accept the bid of
Sydnor Industrial Service, Inc., for one new two-ton forklift, in the
total amount of $14,544.00; and appropriate $14,544.00 from Internal
Services Prior Years' Retained Earnings, to Materials Control, Account
No. 006-050-1613-9015.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30024-50790) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 587.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30024-50790.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Musser, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ...... 6.
NAYS: None ............ O.
(Council Member Trout was out of the Council Chamber.)
Mr. Fitzpatrick offered the following Resolution:
(#30025-50790) A RESOLUTION accepting the bid of Sydnor
Industrial Service, Inc,, made to the City for furnishing and deli-
vering one new two-ton forklift; and rejecting all other bids made to
the City.
(For full text of Resolution, see Resolution Book No. 51, page 588.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30025-50790.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Musser, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........ 6.
NAYS: None ....... O.
(Council Member Trout was out of the Council Chamber.)
202
ACTION:
ACTION:
EQUIPMENT-PUBLIC WORKS-REFUSE COLLECTION: The City Manager sub-
mitted a written report concurring in a report of a bid committee with
regard to the purchase of 9,000 pod type recycling carts to initiate
the City's recycling program.
The bid committee recommended that Council accept the low bid of
Zarn, Inc., in the total amount of $182,070.00, for the purchase of
9,000 pod type recycling carts.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#30026-50790) A RESOLUTION accepting the bid of Zarn, Inc., made
to the City for furnishing and delivering nine thousand (9,000) pod
type recycling carts; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 51, page 589.)
Mr. Bowers moved the adoption of Resolution No. 30026-50790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .................................... 6.
NAYS: None ..........................................
Oe
(Council Member Trout was out of the Council Chamber.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of March, 1990.
(For full text, see financial report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the financial report be received and filed.
The motion was seconded by Mr. Garland and unanimously adopted.
SCHOOLS-BONDS: A communication from the Roanoke City School Board
advising that the State's recent financial difficulties have created a
crisis with the State Literary Fund; that the Literary Fund Loan of
$1.0 million for Oakland Elementary School will not be received until
the summer of 1991; that to assist school divisions in need of their
Literary Fund loans, the State has approved a Virginia Public School
Authority bond issue for July, 1990, which would provide school divi-
sions with their loan proceeds in August, 1990; and the interest rate
on the bond issue will be subsidized by the State, with the interest
rate to the school divisions to be four per cent.
203
{i
It was further advised that the Literary Fund Loan of $1.0 million
for Oakland Elementary School was approved by the State in September,
1989 and the loan was placed on the waiting list for receipt of funds;
that the State projected that loan funds would be received in October,
1990, with the first debt service payment scheduled for October, 1991;
that in order to balance the State budget, the General Assembly
recently transferred $45.0 million from the Literary Fund, which
created a cash flow crisis for the Literary Fund; that school divisions
will be forced to wait an additional 6 to 12 months for receipt of said
loan funds; and it is now anticipated that loan funds for Oakland
Elementary School would not be received until at least July, 1991.
It was explained that to assist school divisions in need of said
Literary Fund Loan proceeds, the General Assembly, at its April one-day
special session, approved a Virginia Public School Authority {VPSA)
bond sale with a Literary Fund interest rate subsidy; that the bond
sale will occur in July, 1990, and it will provide school divisions now
waiting for a Literary Fund Loan with the amount approved for the loan
in August, 1990; that while the interest rate on the bond issue is
estimated to be seven to eight per cent, the State interest rate sub-
sidy would result in a net interest rate to Roanoke City Schools equal
to the Literary Fund rate of four per cent; that the State will also
provide $5,500.00 to cover the costs of bond counsel; and consequences
of participating in the Virginia Public School Authority bond sale are
as follows:
Capital funds would be received in August, 1990
rather than the summer of 1991 preventing a future
delay in elementary school renovation projects.
The principal amount for the bond would be
$265,000.00 less than the Literary Loan reducing
the amount of debt outstanding for the locality.
The bond principal amount of $735,000.00 will not
be applied against the locality's Literary Fund
Loan ceiling of $20.0 million, thus providing
funding flexibility for future school projects.
A disadvantage to the bond sale is that debt ser-
vice payments for the Literary Loan would not be
due until October, 1991, while the bond issue would
require a debt service payment in the amount of
$26,470.00 in fiscal year 1991. Since no funds
have been budgeted in fiscal year 1991 for the
payment, the School Board initially must set aside
$26,470.00 of its $75,000.00 contingency fund to
meet the payment.
204
ACTION:
ACTION:
ACTION:
It was advised that because of the short timeframe in meeting the
requirements of the Virginia Public School Authority bond issue,
Council is requested to authorize notice of a public hearing on the
proposed bond issue, which will be held in conjunction with Council's
meeting on Monday, May 29, 1990; that details of the City's par-
ticipation in the issuance of the Virginia Public School Authority
bonds have been coordinated with the Director of Finance and the City
Attorney; and the School Board requests that Council approve the
requirements of the public hearing process for bond issuance in order
to meet State legal requirements.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that Council hold a public hearing on Tuesday,
May 29, 1990, at 2:00 p.m., or as soon thereafter as the matter may be
heard, as above requested by the Roanoke City School Board. The motion
was seconded by Mr. Garland and unanimously adopted.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
At 3:30 p.m., the Mayor declared the meeting in recess.
At 4:55 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Musser moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............. 7.
NAYS: None ..................................................... O.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
BUDGET: A certificate of the Director of Finance advising that
funds required for the 1990-91 General Fund, Water Fund, Sewage Treat-
ment Fund, Roanoke Civic Center Fund and Internal Service Fund budgets
will be available for appropriation, was before Council.
(For full text, see certificate on file in the City Clerk's Office.)
Mr. Garland moved that the certificate be received and filed. The
motion was seconded by Mr. Fitzpatrick and unanimously adopted.
205
m
ACTION:
ACTION:
lAXES: Mrs. Bowles offered the following Ordinance amending and
reordaining §32-190, Levied; amount, Code of the City of Roanoke
(1979), as amended, to establis'~ a new cigarette tax rate of $.005 per
cigarette, effective July 1, 1990:
(#30027) AN ORDINANCE amending and reordaining §32-190, Levied;
amount, Code of the City of Roanoke (1979), as amended, to establish a
new cigarette tax rate of $.005 per cigarette; and providing for an
effective date.
(For fu)l text of Ordinance, see Ordinance Book No. 51, page 598.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor- 7.
NAYS: None .... ' ........ O.
TAXES: Mr. Garland offered the following Ordinance to amending
and reordaining Article III, Tax on Tangible Personal Property
Generally, of Chapter 32, Taxation, 'COde of the City o¥ Roanoke"(1979),
as amended, by the addition of 'new §§32-104.1, Assessment date; situs,
32-108.1, Proration of personal property tax - GenerallY, 32-108.2,
Proration as to mobile homes, and amending §32-106, Penalties and
interest on delin'quencies - ~enerally, and subsection (a) of §32-108,
Taxpayer'S return - Generally; such new and amended sections
establishing a system of proration of personal property tax applicable
to motor vehicles, trailers and boats, providing special rules for
mobile homes, defining "tax day" and "situs", requiring the filing of
returns and providing for penalties and interest as to late payments,
effective January 1, 1991:
(#30028) AN ORDINANCE to amend and reordain Article III, Tax on
Tangible Personal Property Generally, of Chapter 32, Taxation, Co--d'~-~
the City of Roanoke (1979), as amended, by the add('tion of new
§§32-104.1, Assessment.............. date; situs, 32-108.1, Proration of personal~
property tax - Generally, 32-108.2, Proration as to mobile homes, an
by the amendment of §32-106, Penalties and interest on delinquencies -
Generally, and subsection (a) of §32-108,""'"Taxp. ayer's return - Gene-
~; ~uch new and amended sections establishing a system of Proration
o--f--~ersonal property tax applicable to motor vehicles, trailers and
boats, providing special rules for mobile homes, defining "tax day" and
"situs", requiring the filing of returns and providing for penalties
and interest as to late payments; and providing for an effective date
of January 1, 1991.
(For full text of Ordinance, see Ordinance Book No. 51, page 599.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
2O6
ACT ! ON:
ACTION:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor--- 7.
NAYS: None- O.
TAXES: Mr. Garland offered the following Ordinance amending and
reordaining §20-31, When tax payable, Code of the City of Roanoke
11979), as amended, to provide for ~ grace period during which to pay
any motor vehicle, trailer or semi-trailer license fee when such pro-
perty acquires a situs in the City after January I of any year, to pro-
vide that the license tax shall be paid within 30 days of acquisition
of situs or by May 31 of the same year:
(#30029) AN ORDINANCE amending and reordaining §20-31, When tax
payable, Code of the City of Roanoke (1979), as amended, to provide for
a grace period during which to pay any motor vehicle, trailer or semi-
trailer license fee when such property acquires a situs in the City
after January I of any year.
(For full text of Ordinance, see Ordinance Book No. 51, page 601.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .... 7.
NAYS: None ........ O.
BUDGET: Mr. Trout offered the following emergency Ordinance
adopting the annual General Fund Appropriation of the City of Roanoke
for the fiscal year beginning July 1, 1990, and ending June 30, 1991,
in the total amount of $152,035,635.00:
(#30030-50790) AN ORDINANCE adopting the annual General Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July I, 1990, and ending June 30, 1991; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 589.)
Mr. Trout moved the adoption of Ordinance No. 30030-50790. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ..... 7.
NAYS: None ......... O.
BUDGET-WATER DEPARTMENT: Mr. Fitzpatrick offered the following
emergency Ordinance adopting the annual Water Fund Appropriation of the
City of Roanoke for the fiscal year beginning July 1, 1990, and ending
June 30, 1991, in the total amount of $4,841,128.00:
207
(I
ACTION:
ACTION:
ACTION:
(#30031-50790) AN ORDINANCE adopting the annual Water Fund Appro-
priation of the City of Roanoke for the fiscal year beginning July 1,
1990, and ending June 30, 1991; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 591.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30031-50790. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor-- 7.
NAYS: None---
O.
BUDGET-SEWERS AND STORM DRAINS: Mr. Trout offered the following
emergency Ordinance adopting the annual Sewage Treatment Fund Appro-
priation of the City of Roanoke for the fiscal year beginning July 1,
1990, and ending June 30, 1991, in the total amount of $6,852,094.00:
(#30032-50790) AN ORDINANCE adopting the annual General Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1990, and ending June 30, 1991; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 592.)
Mr. Trout moved the adoption of Ordinance No. 30032-50790. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor- 7.
NAYS: None--.
BUDGET-CIVIC CENTER: Mr. Fitzpatrick offered the following
emergency Ordinance adopting the annual Civic Center Fund Appropriation
of the City of Roanoke for the fiscal year beginning July 1, 1990, and
ending June 30, 1991, in the total amount of $1,982,524.0D:
(#30033-50790) AN ORDINANCE adopting the annual Civic Center Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1990, and ending June 30, 1991; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 593.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30033-50790.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor-- 7.
NAYS: None--
208
ACTION:
ACTION:
BUDGET: Mrs. Bowles offered the following emergency Ordinance
adopting the annual Internal Service Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1990, and ending June 30,
1991, in the total amount of $7,144,624.00:
(#30034-50790) AN ORDINANCE adopting the annual Internal Service
Fund Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1990, and ending June 30, 1991; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 594.)
Mrs. Bowles moved the adoption of Ordinance No. 30034-50790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........ -7.
NAYS: None ........
PAY PLAN-CITY EMPLOYEES: Mr. Fitzpatrick offered the following
emergency Ordinance adopting and establishing a new Pay Plan for offi-
cers and employees of the City, effective July 1, 1990; providing for
merit increases; authorizing annual salary increments for certain offi-
cers and employees for use of private motor vehicles; and repealing
Ordinance No. 29557, adopted on May 8, 1989, to the extent of any
inconsistency, effective July 1, 1990:
(#30035-50790) AN ORDINANCE to adopt and establish a new Pay Plan
for officers and employees of the City effective July 1, 1990; pro-
viding for merit increases; authorizing annual salary increments for
certain officers and employees for use of private motor vehicles;
repealing Ordinance No. 29557, adopted May 8, 1989, to the extent of
any inconsistency; and providing for an emergency and an effective
date.
(For full text of Ordinance, see Ordinance Book No. 51, page 594.)
Mr. Fitzpatrick moved the adoption of Ordinanace No. 30035-50790.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland .and Mayor Taylor ........ 7.
NAYS: None ........
COUNCIL: Mr. Trout offered the following emergency Ordinance
establishing the annual salaries of the Mayor, Vice-Mayor and Council
Members for the fiscal year beginning July 1, 1990, effective July 1,
1990, at $13,000.00 for Council Members and for Vice-Mayor and
$15,000.00 for Mayor:
209
ACTION:
ACTION:
(#30036-50790) AN ORDINANCE establishing the annual salaries of
the Mayor, Vice-Mayor and Council Members for the fiscal year beginning
July 1, 1990; and providing for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 51, page 597.)
Mr. Trout moved the adoption of Ordinance No. 30036-50790. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor--
NAYS: None--
CITY MAhAGER-CITY ATTORNEY-DIRECTOR OF FINANCE-DIRECTOR OF REAL
ESTATE VALUATION-MUNICIPAL AUDITOR-CITY CLERK: Mr. Fitzpatrick offered
the following emergency Ordinance establishing annual salaries for the
City Manager, City Attorney, Director of Finance, Director of Real
Estate Valuation, Municipal Auditor and City Clerk for the fiscal year
beginning July 1, 1990, and effective July 1, 1990, as follows:
City Manager - $90,000.00
80,000.00
City Attorney - 80,000.00
Director of Finance -
Director of Real
Estate Valuation - 53,000.00
Municipal Auditor - 55,000.00
City Clerk ' 49,000.00
(#30037-50790) AN ORDINANCE establishing annual salaries for the
City Manager, City Attorney, Director of Finance, Director of Real
Estate Valuation, Municipal Auditor and City Clerk for the fiscal year
beginning July 1, 1990; and providing for an emergency and an effective
date.
(For full text of Ordinance, see Ordinance Book No. 51, page 597.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30037-50790.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor--
NAYS: None-
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
210
At 5:20 p.m., the Mayor declared the meeting in recess.
At 6:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all Members of the Council in attendance.
ACTION:
COUNCIL: Mr. Fitzpatrick moved with respect to the Executive
Session just concluded, that each Member of City Council certify to the
best of his or her knowledge that: (1) only public business matters
lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Executive Session was
convened were heard, discussed or considered by City Council. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor ................... 6.
NAYS: None .............. O.
(Council Member Musser was out of the Council Chamber.)
FLOOD REDUCTION/CONTROL: The City Manager explained that the Local
Cooperative Agreement for the Roanoke River Flood Reduction Project
with the United States Army Corps of Engineers is now in proper form
and, with Council's approval, he would notify the Corps that the City
will proceed with the final draft of the Agreement for execution bet-
ween the Corps of Engineers and the City of Roanoke.
There being no further business, the Mayor declared the meeting
adjourned at 6:20 p.m.
ATTEST:
City Clerk
APPROVED
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
May 14, 1990
7:30 p.m.
(!
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 14, 1990, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, R.e~ular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser and
Mayor Noel C. Taylor ............. 7.
ABSENT: None .... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B, Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT: On behalf of Council and the City
Administration, the Mayor extended a cordial welcome to Ms. Klm Brabham
and Junior Girl Scout Troop No. 49 from Belmont Christian Church.
SALE/PURCHASE OF PROPERTY-INDUSTRIES-COUNCIL: The Mayor advised
that Council Member James O. Trout was unable to be present earlier in
the day for a presentation and announcement concerning the purchase of
the shell building in the Roanoke Centre for Industry and Technology by
the Quibell Corporation; however, he pointed out that Mr. Trout was
largely responsible, as Chairman of the City's Economic Development
Comission, for bringing together the forces in the City of Roanoke to
make the idea of the shell building a reality. The Mayor stated that
Council would like to honor Mr. Trout's outstanding contributions, and
presented him with a framed picture of the shell building containing
the following inscription, "Presented to James O. Trout, Chairman,
1982-1990, in recognition of his untiring efforts to create and main-
tain a broad range of quality development and accomplishments in order
to meet the needs of our diverse population and to strengthen our tax
base." The Mayor advised that it was an honor for him to make the pre-
sentation to Mr. Trout on behalf of the Members of City Council and the
City Administration.
ACTION:
ACTION:
COUNCIL: The Mayor orally requested an Executive Session to
discuss a matter regarding prospective candidates for appointment to
the Roanoke City School Board, pursuant to Section 2.1-344 (A) (1),
Code of Virginia (1950), as amended.
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a matter regarding prospective
candidates for appointment to the Roanoke City School Board, pursuant
to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles,
Garland, Musser and Mayor Taylor---
Fitzpatrick,
'7,
NAYS: None ..................................
At 7:45 p.m., the Mayor declared the meeting in recess.
At 8:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all Members of the Council in attendance.
COUNCIL: Mr. Trout moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor--- 7.
NAYS: None ...... O.
SCHOOLS: The Mayor advised that the three year terms of Ms.
Sallye T. Coleman and Mr. William White, Sr., as members of the Roanoke
City School Board will expire on June 30, 1990; that there is a vacancy
on the School Board created by the resignation of Mr. Guy W. Byrd, Jr.,
for a term ending June 30, 1992; and called for nominations to fill the
vacancies.
Mr. Garland advised that in view of the fact that there were nine
excellent candidates for the position of School Board Trustee, he was
pleased to place in nomination the names of all nine candidates; as
follows:
213
ACTION:
Sallye T. Coleman
Charles W. Day
Emanuel C. Edwards
John T. Geary
David K. Lisk
Delvis O. McCadden
Lewis W. Peery
Finn D. Pincus
Denise A. Reedy
Mr. Garland moved that Council vote first on the two persons to
receive the three year terms of office commencing July 1, 1990, and
ending June 30, 1993. The motion was seconded by Mr. Trout and unani-
mously adopted.
Pursuant to the following roll call vote of the Council, Mr.
Finn D. Pincus and Mr. E. Clabon Edwards were elected as Trustees of
the Roanoke City School Board for terms of three years, each, com-
mencing July 1, 1990, and ending June 30, 1993:
FOR MS. COLEMAN: Council Members Trout and Bowles
FOR MR. DAY: None .....
FOR MR. EDWARDS:
Mayor Tayl or-
Council Members Bowers, Fitzpatrick, Garland and
FOR MR. GEARY: Council Member Musser- 1.
FOR MR. LISK: None-- O.
FOR MR. MCCADDEN: Council Members Bowers and Musser-
e
FOR MR. PEERY: None .... O.
FOR MR. PINCUS: Council Members Trout, Bowles, Fitzpatrick,
Garland and Mayor Taylor .... 5.
FOR MS. REEDY: None ..........
O.
The Mayor called attention to the resignation of Mr. Guy W. Byrd,
Jr., as a Trustee of the Roanoke City School Board, for a term ending
June 30, 1992, and called for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Ms. Sallye T. Coleman.
ACTION:
ACTION:
ACTION:
Mr. Bowers placed in nomination the name of Mr. Delvis O.
McCadden.
Mr. Musser placed in nomination the name of Mr. Charles W. Day.
Mr. Fitzpatrick moved that the nominations be closed. The motion
was seconded by Mr. Garland and unanimously adopted.
Pursuant to the following roll call vote of the Council, Ms.
Sallye T. Coleman was elected as a Trustee of the Roanoke City School
Board to fill the unexpired term of Mr. Guy W. Byrd, Jr., resigned,
ending June 30, 1992, by the following vote:
FOR MS. COLEMAN:
Mayor Taylor-
Council Members Trout, Bowles, Garland and
4.
FOR MR. MCCADDEN: Council Members Bowers, Fitzpatrick and
Musser--- 3.
FOR MR. DAY: None .....
Mr. Musser moved that Mr. Finn D. Pincus be appointed to fill the
unexpired term of Ms. Sallye T. Coleman as a Trustee of the Roanoke
City School Board, for a term ending June 30, 1990, inasmuch as Mr.
Pincus received the largest number of the votes cast in the first elec-
tion for School Board Trustee. The motion was seconded by Mr. Trout
and unanimously adopted.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, May 14, 1990, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Messrs. Scott McCoy and
L. J. Beaty that a tract of land lying west of the intersection of
Aerial Way Drive and Brandon Avenue, S. W., identified as Official Tax
No. 5200107, be rezoned from C-1, Office District, to C-2, General
Commercial District, subject to certain conditions proffered by the
petitioners, the matter was before the body.
A communication from Messrs. McCoy and Beaty requesting that the
petition for rezoning be withdrawn, was before Council.
Mr. Bowers moved that Council concur in the request to withdraw
the matter. The motion was seconded by Mr. Trout and unanimously
adopted.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, May 14, 1990, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Norfolk Capital Company
215
(!
ACT ! OH:
and Emerald Property Management, Inc., that property located at the
intersection with Jefferson Street and Reserve Avenue, S. W., iden-
tified as Official Tax Nos. 1032201, 1032202, 1032204 and 1032206, be
rezoned from HM, Heavy Manufacturing District, to C-1, Office District,
subject to certain conditions proffered by the petitioners, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, April 27,
1990, and Friday, May 4, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~ission advising that the purpose
of the request for rezoning is to utilize the property and existing
structures for general office space and for possible future development
as new medical offices, was before Council.
The Planning Con~nission recommended that Council approve the
request for rezoning, advising that the rezoning would permit the reuse
of an existing vacant commercial structure, and, in addition, the pro-
posed medical office use will be more compatible with the recreational
uses across Reserve Avenue.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas T. Palmer, Attorney, appeared before Council in support
of the request of his clients.
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#30038) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 103, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 606.)
The motion was seconded by Mr. Bowers.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 30038, on its first reading, was adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor .............. 7.
NAYS: None ........ O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearin§ for Monday, May 14, 1990, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Mr. George H. Williams,
Sr., that a tract of land containing 1.904 acre, more or less, located
on the west side of Ridgefield Street, N. E., identified as a portion
of Lots 15, 16 and 17, Sunrise Heights, Official Tax Nos. 3121408 -
3121410, inclusive, and 3121414, be rezoned from RM-1, Residential
Multi-Family, Low Density District, to HM, Heavy Manufacturing
District, subject to certain conditions proffered by the petitioner,
the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, April 27,
1990, and Friday, May 4, 1990.
(See publisher's affidavit on file in the City Clerk's Office. )
A report of the City Planning Commission advising that the purpose
of the request for rezoning is to permit the construction of a struc-
ture to be used in the operation of an existing paint and remodeling
business; and the proposed structure will permit certain painting
operations which are currently conducted outdoors to be moved inside
out of public view, was before Council.
The Planning Commission recommended that Council approve the
request for rezoning, advising that the unique topography of the site,
the proposed building location, and the proposed buffering contribute
to minimizing any impact on the neighborhood.
(For full text, see report on file in the City Clerk's Office.)
The City Attorney submitted a written report advising that a peti-
tion has been filed with the City by individuals opposed to the
rezoning which raises the issue of whether there are sufficient signa-
tures in said petition to invoke the provisions of Section 62(5) of the
Roanoke City Charter which provides with reference to amendments to the
City's Zoning Map, as follows:
"Such regulations, restrictions, and boundaries may
from time to time be amended, supplemented,
changed, modified, or repealed. In case, however,
of a protest against such change signed by the
owners of twenty percent or more either of the area
of the lots included in each proposed change, or of
those immediately adjacent in the rear thereof, or
of those directly opposite thereof, such amendment
shall not become effective except by the favorable
vote of five-sevenths of all the members of the
council. The provisions of the previous section
(subsection) relative to public hearings and offi-
cial notice shall apply equally to all changes or
amendments."
The City Attorney further advised that he was of the opinion that
there are sufficient signatures on the petition to invoke the provi-
sions of Section 62(5) of the City Charter which require that five mem-
bers of Council vote favorably on the proposed rezoning in order for it
to become effective.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#30039) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 312, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 607.)
The motion was seconded by Mrs. Bowles.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 30039 was adopted, on its first reading, by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor-- 7.
NAYS: None ....... O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, May 14, 1990, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of HASI Partnership,
represented by Mr. Harwell M. Darby, Jr., Attorney, that a parcel of
land designated as Official Tax No. 2660417, be rezoned from C-2,
General Commercial District, to LM, Light Manufacturing District, such
rezoning to be subject to certain conditions proffered by the peti-
tioner, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, April 27,
1990, and Friday, May 4, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~ission advising that the purpose
of the request for rezoning is to provide for the renovation of an
existing structure to be used as a manufacturing (cut and sew) facility
with offices, warehousing and retail space, was before Council.
ACTION:
The Planning Commission recommended that Council approve the
request for rezoning, advising that the adaptive reuse of the existing
structure will contribute positively to an area seeking redevelopment
and proffers protect the integrity of the neighborhood.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#30040) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 608.)
The motion was seconded by Mr. Trout.
Mr. Harwell M. Darby, Jr., Attorney, appeared before Council in
support of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 30040 was adopted, on its first reading, by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor .................... 7.
NAYS: None-- O.
GRANTS-PLANNING: Pursuant to motion of Council on Monday,
April 23, 1990, the City Clerk having advertised a public hearing for
Monday, May 14, 1990, at 7:30 p.m., or as soon thereafter as the matter
may be heard, with regard to the proposed 1990-1991 Con~nunity Develop-
ment Block Grant Program, the matter was before the body.
Legal advertisement of the public hearing was published in the
Neighbors section of the Roanoke Times & World-News on Thursday, May 3,
1990, and the Roanoke Tribune on Thursday, May 3, 1990.
(See publishers' affidavit on file in the City Clerk's Office.)
A report of the City Manager advising that Council was briefed at
its meeting on Monday, May 7, 1990, on recommended CDBG program,
including $1,563,000.00 new funds from the U. S. Department of Housing
and Urban Development (HUD); and citizen input was received and con-
sidered on three occasions; viz: January 16, 1990, April 17, 1990 and
May 14, 1990, was also before the body.
The City Manager recommended that he be authorized to submit the
CDBG Statement of Objectives to HUD for final review and approval; that
he be authorized to execute the grant agreement with HUD on behalf of
the City; and upon receipt of program and budget approval from HUD, a
report detailing the necessary budget appropriations by program and
line item, as well as contracts necessary to carry out the fiscal year
1990-91 program, will be presented to Council for adoption.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers advised that approximately a year ago, on a 5 - 2 vote
of the Council, the Gainsboro neighborhood was discussed and there was
debate about whether Council should spread Community Development Block
Grant funds throughout the community or whether or not the funds should
be directed toward completion of projects in Gainsboro and his position
at that time was that the City needed to direct funds into Gainsboro in
order to complete the Project. He explained that some of the money
that was designated for Gainsboro, or designated in a general lump sum
for Gainsboro, was not spent on the Gainsboro Project and requested
clarification from the City Manager. He stated that the City needs to
complete its obligation to the Gainsboro neighborhood and inquired as
to why the Administration was recommending that the $200,000.00 which
was designated for Gainsboro a year ago and not spent was now being
included in the proposed 1990-91 Community Development Block Grant
budget as funds to be transferred.
The Assistant City Manager explained that in last year's Community
Development Block Grant program, Council approved $200,000.00 under the
community development objective of neighborhood image for use in the
Gainsboro, Gilmer, Loudon, and Harrison neighborhoods with the qualifi-
cation, "depending upon need". He stated that last year at the admi-
nistrative public hearing which was held at the First Baptist Church in
advised Gainsboro and during Council's public hearing, the Administra-
tion advised that it had received a number of different requests from
various neighborhood leaders, which requests were lumped together and
had not been field verified, however, the Administration requested the
opportunity to address those needs once it did a field investigation.
He stated that using the resources of the City Engineering Department,
he and the Grants Monitoring Officer went into the field and reviewed
the general areas which were reported by residents as having a par-
ticular need, and it was their opinion that many of those needs could
be met through the City's usual program of street maintenance, there-
fore, the funds which were allocated for these neighborhoods were not
spent, but rolled into this year's Community Development Block Grant
program. He advised that it is the recommendation of the Administra-
tion that these funds be utilized in significant part, $156,000.00, to
fund the Azalea Gardens Kellogg Avenue, N. W. Project which involves
curb, gutter, sidewalk, and utility type projects in order to leverage
63 units of low/moderate income home ownership housing. He stated that
the Administration believes that this is an appropriate use of the
funds; and pointed out that certain of the expressed needs in the
Gainsboro, Gilmer, Loudon and Harrison areas have been met, however,
if others need to be reinvestigated, City staff will be pleased to do
$o.
220
The Mayor inquired if there were persons present who would like to
address Council with regard to the proposed 1990-1991 Community
Development Block Grant Pro§ram and Statement of Objectives and
Proposed Use of Funds; whereupon the following persons made presen-
tations.
Ms. Tricia Givens, President of the Board of The Acting Company of
the Roanoke Valley, appeared before Council in support of a request of
the Active Company for Community Development Block Grant funds in order
to stabilize the old First Baptist Church located at Gilmer Avenue and
Jefferson Street in the Gainsboro nei§hborhood. She advised that The
Actin§ Company is celebrating its sixth year of bringing live theatre
to the Roanoke Valley; that in order to continue its mission of
bringing live theatre and programs to all ages, The Acting company
needs a permanent home; that in June 1989, The Acting Company iden-
tified the old First Baptist Church and realized that this building is
perfectly suited for a theatre and because of its size could be used
for other art organizations as well. She stated that The Acting
Company has identified 20 groups that are interested in using this
space for performances, lectures, meetings and workshops and they have
obtained the services of an architect who is willing to donate his time
to prepare cost estimates. She explained that The Acting Company and
the League of Roanoke Artists are now in the process of establishing a
separate organization for an arts center, one that will include their
membership, as well as people from all sectors of the Roanoke Valley
community. She stated that the Roanoke Valley Preservation Foundation
and the Roanoke Regional Preservation Office have been working with
First Baptist Church to list "Old First" on the National Register of
Historic Places, with all of the necessary paperwork to be completed
this fall, and "Old First" will be the second church building in the
Roanoke Valley to be included on the National Register. She further
stated that because of the location of First Baptist Church, which is
one block from Virginia Tech's Hotel Roanoke, the proposed convention
center and the Henry Street Revival Project, it is felt that First
Church has the potential as an arts center to be a real treasure to the
arts community as well as to the Gainsboro/Henry Street area and will
enhance efforts to bring downtown Roanoke across the tracks. She
further stated that The Acting Company is asking for another commitment
in the Henry Street area with the revitalization of "Old First". She
pointed out that the application for $45,000.00 of Community Develop-
ment Block Grant funds will stabilize "Old First"; and while The Acting
Company was not recommended for funding, it is hoped that should monies
become available this year, they will be considered for funding because
the funds will be used to prevent further deterioration of the struc-
ture.
Ms. Clara White, 2651 Creston Avenue, S. W., representing the
Roanoke Valley Preservation Foundation, appeared before Council and
urged Council's financial support of "Old First" for necessary
emergency repairs. She stated that The Acting Company, League of
Roanoke Artists, and affiliated organizations wish to adopt the
building for their particular purposes and the Preservation Foundation
feels that this building is peculiarly suited for that kind of adap-
tation. She explained that the First Baptist Church was constructed in
1898 and incorporates the architecture of that time; that it is an
essentially unchanged example of 19th century architecture, as well as
evidence of exceptional vision and dedication on the part of the black
community, and it has been assured a place on the National Historic
Landmarks Register. She stated that the building lends itself well to
the proposed uses and few structural changes will be required; that the
second floor auditorium is imminently suitable for dramatic performan-
ces, curved pews can be used exactly as they are and the first floor
can easily be converted for art shows and studios. She pointed out
that the Preservation Foundation considers this purpose as an unusually
fitting solution for the adaptation and preservation of a historical
structure, a structure well worth being preserved; that presently, worn
out gutters and flashing are threatening damage from leaks, that an
architect considers stabilization of these elements essential for
future planning and it is to that end that The Acting Company has
addressed Council for financial aide. She stated that it should be
noted that the rehabilitation of the old First Baptist Church will fit
well with the proposed Henry Street revitalization project, the con-
vention center and development of a revitalized Gainsboro neigh-
borhood, thus providing a preservation link between Roanoke's black
and white communities, and urged Council's earnest consideration of the
request of The Acting Company for Community Development Block Grant
funds, in the amount of $45,000.00.
Mr. Walter W. Wheaton, 1202 Mercer Avenue, N. W., Chairman of the
Board of Trustees of First Baptist Church, appeared before Council and
advised that in 1898 a few faith believing people constructed the First
Baptist Church on North Jefferson Street. He stated that since that
time the new congregation has borne the expense of a new church edi-
face, with the old building still standing. He further stated that it
is hoped to keep this building as a living monument of the past,
advising that The Acting Company has expressed a desire to occupy the
old building which is in need of extensive repairs and renovations. He
stated that the Church congregation believes that The Acting Company
will do a good job in building a better cultural community for all
citizens of the Roanoke Valley, and with coming innovations in the area
such as the revitalization of Henry Street, new office buildings, a new
convention center and new street changes, it is believed that this
allocation of Community Development Block Grant funds will not only
enhance the Gainsboro neighborhood, but the entire area. He asked
that Council give favorable consideration to the request for funds by
The Acting Company.
Ms. Susanne Ross, Route 6, Box 50, Rocky Mount, Virginia,
appeared before Council and advised that the 150+ membership of the
League of Roanoke Artists requests that if funds become available, that
they be earmarked for non-residential historic preservation of the old
First Baptist Church in the Gainsboro area. She stated that the League
222
of Roanoke Artists fully supports The Acting Company of the Roanoke
Valley and 20 interested users of this facility to be used as a
cultural arts center, advising that if the $40,000.00 becomes
available, the building and especially the roof, could be stabilized
and volunteers could begin cleaning up the interior of this historic
site immediately.
Ms. Rochelle Lorritts, 719 Devonshire Drive, Vinton, Virginia,
Program and Special Events Planner for the Harrison Museum of African/
American Culture, appeared before Council and advised that the Harrison
Museum is in full support of the lease agreement between the old First
Baptist Church, The Acting Company of Roanoke Valley and the League of
Roanoke Artists. She stated that with an inhouse seating capacity of
100, the Harrison Museum must use other facilities for programming and
special events that attract major audiences and they are extremely gra-
teful for the generosity and support of Virginia Western Community
College and Roanoke College, the two facilities that are currently used
for such programs, however, having to take their programs to these
locations causes them to loose a vital and substantial portion of the
community in which the Museum exists and wishes to serve. She stated
that the old First Baptist Church building will provide Harrison Museum
with much needed off site space and the collaboration of these two
historic landmarks in the northwest community will establish a beauti-
ful, innovative precedent in the Roanoke Valley.
The Reverend Carl T. Tinsley, President, Gainsboro Neighborhood
Development Corporation, 2647 Springhill Drive, N. W., appeared before
Council and advised that the Gainsboro area is the oldest community in
Roanoke, and what should have been done has not been completed in
Gainsboro. He requested that Council delay its decision on the
Community Development Block Grant budget this evening and invited the
Members of Council to visit the Gainsboro area in an effort to arrive
at a reasonable solution that will be of benefit to the residents of
Gainsboro, to the City and to City Council. He advised that the
Gainsboro Neighborhood Development Corporation endorses the request
for use of the old First Baptist Church by The Acting Company inasmuch
as the revival of Henry Street has touched the hearts of many people
and they have waited patiently for the Henry Street Revitalization to
become a reality.
Mr. Andrew Roberts, 2730 Yellow Mountain Road, S. W., appeared
before Council on behalf of his aunts, Ms. Natalie Foster Lemon and Ms.
Mary R. Waynick who own 41 pieces of property in the Shaffers Crossing
area, 25 of which are subject to condemnation through action approved
by Council on Monday, August 26, 1985. He stated that since that time
his aunts have been denied use of their property, however, they have
continued to pay property taxes, upkeep of the property and insurance
expenses, and pointed out that since 1985, they have spent in the range
of $10,000.00. He asked that Council either fund the Shaffers Crossing
Project and acquire the remaining parcels of land, or abandon the pro-
ject altogether and allow property owners to develop their land.
ACTION:
Following discussion and questions by the Mayor and Members of
Council with regard to expenditure of funds in the Gainsboro area, as
well as funds which were requested by The Acting Company of the Roanoke
Valley to be used for certain renovations to the former First Baptist
Church, and the remarks of Mr. Roberts regarding the Shaffers Crossing
Project, Mr. Bowers moved that Council delay action on the 1990-91
Community Development Block Grant budget for a period of three weeks in
order for the City Manager to review the remarks of Council Members as
well as those persons who made presentations and report to Council
accordingly.
There being no second, the Mayor declared the motion lost.
Mrs. Bowles offered the following Resolution approving the pro-
posed Fiscal Year 1990-1991 Budget for the Community Development Block
Grant Program and the Statement of Community Development Objectives and
Projected Use of Funds:
(#30041-51490) A RESOLUTION approving the proposed Fiscal Year
1990-1991 Budget for the Community Development Block Grant Program, and
the Statement of Community Development Objectives and Projected Use of
Funds; authorizing the City Manager to execute and submit the Statement
of Community Development Objectives and Projected Use of Funds to the
United States Department of Housing and Urban Development (HUD); and
authorizing the City Manager to execute the requisite Grant Agreement
with HUD.
(For full text of Resolution, see Resolution Book No. 51, page 602.)
Mrs. Bowles moved the adoption of Resolution No. 30041-51490. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor- 6.
NAYS: Council Member Bowers
At 10:20 p.m., the Mayor declared the meeting in recess.
At 10:35 p.m., the meeting reconvened in the Council Chamber, with
all Members of the Council in attendance and Mayor Taylor presiding.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to three requests for Executive Sessions to discuss personnel
224
matters relating to vacancies on various authorities, boards, comis-
sions and committees appointed by Council; a matter regarding acquisi-
tion of an interest in real property and disposition of publicly held
property, specifically possible acquisition of an interest in certain
real property and the subsequent disposition thereof by conveyance; and
specific legal matters requiring the provision of legal advice by coun-
sel concerning the terms and conditions of a possible economic develop-
ment agreement; whereupon, the Mayor advised that all three Executive
Sessions had been withdrawn.
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
ELECTIONS-SCHOOLS: A communication from Mr. Alton B. Prillaman,
Secretary, Roanoke City Electoral Board, advising that Crystal Spring
Elementary School will be closed for renovations, during the 1990-91
school year and cannot be used as a polling place during that time;
that the Roanoke Council of Garden Clubs, Inc., has been recommended as
an alternative location; and the President of the Garden Club, under
the direction of the Garden Club's Board of Directors, has authorized
the City to use the building for voting purposes while Crystal Spring
Elementary School is closed, was before Council.
It was further advised that Section 24.1-39 of the Code of
Virginia 1950, as amended, requires that notice of a proposed reloca-
tion of polling place be published in a newspaper of general cir-
culation for two consecutive weeks, that no changes can be made within
60 days next preceding al~ general election, and relocating a polling
place also requires approval from the Department of Justice.
The Electoral Board recommended that a public hearing be held on
Monday, June 11, 1990, at 7:30 p.m., on temporarily relocating the
polling place in South Roanoke No. 2. Precinct from Crystal Spring
Elementary School to the Roanoke Council of Garden Clubs, Inc.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the City Attorney
for preparation of the proper documents establishing a public hearing
to be held on Monday, June 11, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard in the Roanoke City Council
Chamber. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
225
ACTION:
ACTION:
ITEMS RECOMMENDED FOR ACTION:
BUDGET-EQUIPMENT-PUBLIC WORKS: The City Manager submitted a writ-
ten report concurring in a report of a bid committee with regard to the
purchase of a trailer-mounted thermoplastic application system and
self-propelled asphalt maintainer.
The bid committee recommended that Council accept the bids of
Pave-Mark Corp., for one new trailer-mounted thermoplastic application
System, in the amount of $17,210.00, and the bid of Virginia Public
Works Equipment Co., for one new self-propelled asphalt maintenance, in
the amount of $46,617.00; that Council authorize the transfer of
$63,827.00 from General Fund Contingency Replacement, Account No.
001-002-9410-2202, to Street Maintenance Department, Account No.
001-052-4110-9015; and that all other bids be )-ejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30042-51490) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 602.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30042-51490.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............. 7.
NAYS: None ............. O.
Mr. Trout offered the following Resolution:
(#30043-51490) A RESOLUTION accepting bids made to the City for
furnishing and delivering certain street maintenance equipment; and
rejecting all other bids made to the City for such equipment.
(For full text of Resolution, see Resolution Book No. 51, page 603.)
Mr. Trout moved the adoption of Resolution No. 30043-51490. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............... 7.
NAYS: None ............. O.
.26
ACTION:
EQUIPMENT-REFUSE COLLECTION: The City Manager submitted a written
report concurring in a report of a bid committee with regard to the
purchase of a new recycling truck.
The bid committee recommended that Council accept the low bid of
Dempster Systems, for one new cab/chassis and body, in the total amount
of $70,312.00, and reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30044-51490) A RESOLUTION accepting the bid of Dempster Systems
made to the City for furnishing and delivering one new recyclables
hauler consisting of cab/chassis and body; and rejecting all other bids
made to the City.
(For full text of Resolution, see Resolution Book No. 51, page 604.)
Mrs. Bowles moved the adoption of Resolution No. 30044-51490. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ........ 7.
NAYS: None ............
.0.
REPORTS OF COMMITTEES:
BUDGET-BRIDGES: Council Member Robert A. Garland, Chairman of a
committee appointed by the Mayor to tabulate bids received for rehabi-
litation of the Franklin Road Bridge, submitted a written report on
behalf of the committee recommending that the City Manager be
authorized to execute a unit price contract with Lanford Brothers
Company, Inc., in a form subject to approval by the City Attorney, in
the amount of $481,293.00; that the City Manager be authorized to exe-
cute a Force Account Agreement with Norfolk Southern Corporation, in a
form subject to approval by the City Attorney, in the amount of
$39,734.00; and that the Director of Finance be authorized to appro-
priate and transfer funds from the following accounts:
$41,649.00 from Capital Improvement Reserve,
Account No. 008-052-9575-9181
$551,572.00 from FY 90 Capital Fund Interest to
Account No. 008-052-9602-9003, entitled, Franklin
Road Bridge Rehabilitation.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Z27
ACTION:
ACTION:
Mr. Garland offered the following emergency budget Ordinance:
(#30045-51490) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 604.)
Mr. Garland moved the adoption of Ordinance No. 30045-51490. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor--- 7.
NAYS: None-- O.
Mr. Garland offered the following emergency Ordinance:
(#30046-51490) AN ORDINANCE accepting the bid of Lanford Brothers
Company for rehabilitation of the deck of the Franklin Road Bridge over
the tracks of the Norfolk & Western Railway, upon certain terms and
conditions, and awarding a contract therefor; authorizing the proper
City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; authorizing the
proper City officials to execute a Railway Force Account Agreement with
Norfolk Southern Corporation; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 605.)
Mr. Garland moved the adoption of Ordinance No. 30046-51490. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ........ 7.
NAYS: None .... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
TAXES: Ordinance No. 30027 amending and reordaining §32-190,
Levied; amount, Code of the City of Roanoke (1979), as amended, to
establfsh a new cigarette tax rate of $.005 per cigarette, effective
July 1, 1990, having previously been before the Council for its first
reading on Monday, May 7, 1990, read and adopted on its first reading
and laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
ACTION:
ACTION:
(#30027-51490) AN ORDINANCE amending and reordaining §32-190,
Levied; amount, Code of the City of Roanoke (1979), as amended, to
establish a new cigarette tax rate of $.005 per cigarette; and pro-
viding for an effective date.
(For full text of Ordinance, see Ordinance Book No. 51, page 598.)
Mrs. Bowles moved the adoption of Ordinance No. 30027-51490. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor- 7.
NAYS: None .........
TAXES: Ordinance No. 30028 amending and reordaining Article III,
Tax on Tangible Personal Property Generally, of Chapter 32, Taxation,
Code of the City of Roanoke (1979), as amended, by the addition of new
§§32-104.1, Assessment date; situs, 32-108.1, Proration of personal
property tax - Generally, 32-108.2, Proration as to mobile h6mes~ and
by the amendment of §32-106, Penalties ana interest on delinquencies -
Generally, and subsection (a) of §32-108, T~xpayer's return - Gene-
~; such new and amended sections establishing a systei~ of proration
o~personal property tax applicable to motor vehicles, trailers and
boats, providing special rules for mobile homes, defining "tax day" and
"situs", requiring the filing of returns and providing for penalties
and interest as to late payments, effective January 1, 1991, having
previously been before the Council for its first reading on Monday,
May 7, 1990, read and adopted on its first reading and laid over, was
again before the body, Mr. Fitzpatrick offering the following for its
second reading and final adoption:
(#30028-51490) AN ORDINANCE to amend and reordain Article III,
Tax on Tangible Personal Property Generally, of Chapter 32, Taxation,
~ode of 'the City of Roanoke (1979), as amended, by the addition of new
§§32-104.1, Assessment date; situs, 32-108.1, Proration of personal
property tax - Gen6rally, 32-108.2, Proration as to mobile hon~s, and
by the amendment oF §32-106, Penalties and interest on d61i"~'quen'cies -
Generally, and subsection (a') of §32-108, Taxpayer's return - Gene-
~; such new and amended sections establishing a system of proration
~ersonal property tax applicable to motor vehicles, trailers and
boats, providing special rules for mobile homes, defining "tax day" and
"situs", requiring the filing of returns and providing for penalties
and interest as to late payments; and providing for an effective date
of January 1, 1991.
(For full text of Ordinance, see Ordinance Book No. 51, page 599.)
Mr. Fitzparick moved the adoption of Ordinance No. 30028-51490.
The motion was seconded by Mr. Trout and adopted by the following vote:
229
ACTION:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor--. 7.
NAYS: None- O.
TAXES: Ordinance No. 30029 amending and reordaining §20-31, When
tax pa~abl.e, Code of the City of Roanoke 11979), as amended to provl-i-~
for a grace period during which to pay any motor vehicle~ trailer or
semi-trailer license fee when such property acquires a situs in the
City after January I of any year, such license tax shall be paid within
30 days of acquisition of situs or by May 31 of the same year,
whichever shall occur later, having previously been before the Council
for its first reading on Monday, May 7, 1990, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#30029-514g0) AN ORDINANCE amending and reordaining §20-31, When
tax payable, Code of the City of Roanoke (1979), as amended, to prow--T-~
for a grace period during which to pay any motor vehicle, trailer or
semi-trailer license fee when such property acquires a situs in the
City after January I of any year.
(For full text of Ordinance, see Ordinance Book No. 51, page 601.)
Mr. Trout moved the adoption of Ordinance No. 30029-51490. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout,
Garland, Musser and Mayor Taylor .....
NAYS: None-
Bowers, Bowles, Fitzpatrick,
7.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
SALE/PURCHASE OF PROPERTY-INDUSTRIES: The City Manager submitted
a written report advising that pursuant to Ordinance No. 28735, adopted
on July 27, 1987, Council authorized execution of an agreement under
date of August 1, 1987, between the City, the Roanoke Redevelopment and
Housing Authority and the Greater Roanoke Valley Development Foundation
pertaining to the construction of a shell building in the Roanoke
Centre for Industry and Technology; and the Agreement provides that the
City and the Foundation shall approve the price and other terms of sale
of the shell building, provided, however, that the City will not
unreasonably withhold its consent to a bonafide offer.
ACTION:
It was further advised that the City conveyed to the Housing
Authority a 13.7 acre industrial site in the Centre for Industry and
Technology known as Site 10, valued at $14,000.00 per acre; that the
purchase price for the land was deferred until the shell building was
sold; that pursuant to Section 3 of the agreement, upon the City's
request, the Housing Authority is to defer, renegotiate, or forgive
any portion or all of the purchase price for the land; that an offer
was received on April 10, 1990, from Quibell Corporation, in the amount
of $1,289,000.00, with $80,000.00 being deferred for five years at no
interest; and an agreement must be executed between Quibell and the
Housing Authority to defer and take payment of the $80,000.00.
It was explained that during the deferral period, the Housing
Authority will hold a second mortgage against the real estate and the
equipment located thereon; that a separate agreement between the
Housing Authority and the City must be executed in which the Housing
Authority agrees to pay to the City the $80,000.00 it receives from
Quibell and to assign to the City its rights in the Second Deed of
Trust and Financing Statement; and the City will receive approximately
$111,000.00 at the closing, with the balance of $80,000.00 in five
years for the cost of the land, and the closing is to occur on or
before May 31, 1990.
The City Manager recommended that Council approve the sale of the
shell building, in the amount of $1,289,000.00 with $80,000.00 being
deferred for five years; that he be authorized to enter into an
agreement with the Roanoke Redevelopment and Housing Authority to defer
the $80,000.00 for five years; that the City receive payment, at no
interest, in five years; and during the deferral period, the Housing
Authority will have a second mortgage on the shell building.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#30047-51490) A RESOLUTION agreeing to the sale of an industrial
building within the Roanoke Centre for Industry and Technology by the
Greater Roanoke Valley Development Foundation to Quibell Corporation,
and authorizing the execution of an agreement and any necessary
ancillary documents to defer payment of a portion of the sale price due
the City from the City of Roanoke Redevelopment and Housing Authority.
(For full text of Resolution, see Resolution Book No. 51, page 606.)
Mr. Trout moved the adoption of Resolution No. 30047-51490. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ........ 7.
NAYS: None .... O.
ACTION:
ELECTIONS: Council Member Musser moved that the City Manager and
the Electoral Board be requested to investigate the feasibility of
relocating the Lee-Hi Voting Precinct. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 10:50 p.m.
APPROVED
ATTEST:
City Clerk
252
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
May 21, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Nunicipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 21, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Counci! Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor ......... 7.
ABSENT: None ..........
-0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend !. L. Word, Sr.,
Pastor, New Dimensional Church of God and Christ, Bedford, Virginia.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-PUBLIC WORKS: The Mayor presented Mr.
William F. Clark, Director of Public Works, with a formal proclamation
declaring the week of May 20 - 26, 1990, as "National Public Works
Week" in the City of Roanoke, said proclamation calling upon all citi-
zens and civic organizations to acquaint themselves with the problems
involved in providing public works and to recognize the contributions
that public works officials make everyday to the health, safety, and
comfort of more than 100,000 citizens of the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
The Mayor called upon the City Clerk to read the following names
of the Public Works Employees of the Quarter:
First Quarter - Ma~/Jul¥
Cynthia M. Arato
Richard A. Cooley
Tony V. Chapman
Oscar H. Wright, Jr.
Rodney D. Flint
David W. Dearing
Joe H. Terry
Dispatcher II
Maintenance Mechanic II
Custodian II
Motor Equip. Mech. Help.
Motor Equip. Operator II
Survey Party Aide II
Sanitation Worker
Communications
Building Maintenance
Custodial Services
Motor Veh. Maint.
Street Maintenance
Engineering
Refuse Collection
233
Second Quarter - August/October
Jeffrey S. Shawver
John T. Lamonde, Jr.
Audrey C. Rickmond
Edward W. Gray
Howard D. Saunders
G. Vernon Welch
Connie J. Welch
Mechanical/Plumbing Insp.
Security/Custodian
Account Clerk II
Laborer
Signal Technician II
Maintenance Mechanic II
Sanitation Worker
Building Inspections
Custodial Services
Motor Vehicle Maint.
Street Maintenance
Signals & Alarms
Building Maintenance
Refuse Collection
Third Quarter - November/January
Carl L. Alexander
Sarah E. Fitton
A1 bert L. Taylor
David A. Owen
Joseph B. Lee
Charles R. Hale
Stacy D. White
Laborer/Operator
Construction Cost Techn.
Motor Equip. Operator I
Communications Techn.
Custodian II
Maintenance Mechanic II
Master Equip. Mechanic
Street Maintenance
Engineering
Refuse Collection
Communications
Custodial Services
Building Maintenance
Motor Vehicle Maint.
Fourth Quarter - February/April
Earl A. Mitchell, III
John R. Burke
John S. Reeves
John E. Ferguson
Frank J. Gross
J. Thomas Tasselli
Charles B. Chaney
Gustavus L. Poindexter Custodian II
Trades Helper Building Maintenance
Motor Equip. Operator II Street Maintenance
Signal Technician I Signals & Alarms
Master Equipment Mechanic Motor Veh. Maint.
Motor Equipment Operator I Refuse Collection
City Planner Community Planning
Housing Develop. Techn. Building Inspections
Custodial Services
The Mayor congratulated each Employee of the Quarter and advised
that because of their dedication and efforts, the City of Roanoke has
one of the nation's finest Public Works Departments.
The Mayor advised that on behalf of the Members of City Council,
the City Manager and the Director of Public Works, he was pleased to
announce the Employee of the Year in the Public Works Directorate. He
stated that the honoree is a security/custodian in the Custodial
Services Department at the Public Works Service Center and has been an
employee of the City of Roanoke since 1980. He advised that this dedi-
cated City employee has missed no time from work in the last four
years; that while performing his duties, he witnessed an attempted
breaking and entering of an employee's motor vehicle on at least two
occasions and on each occasion, his quick and appropriate action
resulted in the apprehension of the person responsible for the criminal
act and the recovery of the stolen goods. He pointed out that the
honoree has received cash awards for two suggestions of money saving
ideas which he submitted under the City employee suggestion program,
and his conduct and actions typify his initiative and conscientious
approach to his job. He advised that it was his pleasure to recognize
Mr. John T. Lamonde, Jr., 1990 Employee of the Year in the Public Works
Directorate.
234
ACTION:
Mr. Bowers offered the following Resolution:
(#30048-52190) A RESOLUTION recognizing JOHN T. LAMONDE, JR., as
Employee Of The Year in the Public Works directorate.
(For full text of Resolution, see Resolution Book No. 51, page 609.)
Mr. Bowers moved the adoption of Resolution No. 30048-52190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ -7.
NAYS: None ........
-0.
The Mayor presented Mr. Lamonde with a framed copy of Resolution
No. 30048-52190 and a plaque containing the inscription, "Presented to
John L. Lamonde, Jr., Public Works Employee of the Year 1989-90"; and
a $100.00 savings bond.
ACTS OF ACKNOWLEDGEMENT: Mr. Steven Goodwin, representing the
Roanoke Valley Veterans Council, appeared before Council and offically
presented a Flag of the United States of America to Commander Richard
S. Thomas in recognition of the work he has done with the flags in
downtown Roanoke, the War Memorial Project, the historical flags placed
at the War Memorial, as well as special holidays, and for the work he
has done with flags in the school classrooms of the Roanoke Valley. He
called attention to and co~ended Commander Thomas for the patriotism
that he enjoys and instills in others.
On behalf of the Members of the Roanoke City Council, the City
Manager, City staff, and more than one hundred thousand citizens of the
City of Roanoke, the Mayor advised that it was his pleasure to
recognize Commander Richard S. Thomas, as an outstanding citizen of the
Roanoke Valley community and an outstand-ing citizen of the United
States of America. He stated that he has known Commander Thomas for a
number of years during which time he has been active in the affairs of
his community; that he is a graduate of Tri State University which is
located in Angola, Indiana, and holds a degree in Aeronautical Engi-
neering, as well as a degree in Mechanical Engineering; that he
received his Master of Education Degree from the University of Virginia
in Charlottesville and on three occasions, he has been the recipient of
the "Teacher of the Year" Award. The Mayor stated that Mr. Thomas gave
30 years of his life in service to his country, five of which were
devoted to active duty in the Naval Air Reserve during World War II;
that upon returning home from the war, Commander Thomas was employed by
the State Board of Education as Supervisor of the Veteran's on-the-Job
training program in the western part of the State; that he organized
the first "Massing of the Colors" which was held at St. John's
Episcopal Church on June 14, 1984; and he has served as President and
Secretary of the Roanoke Valley Veterans Council and has been in com-
mand of the Military Order of World Wars on two occasions. He pointed
out that Commander Thomas has been an ardent supporter of the Roanoke
Valley War Memorial and has been in charge of the historic flag display
at Lee Plaza; that he has assumed the responsibility of posting 22
flags on certain special days of the year; that in his position with
the Roanoke Valley Veterans Council, Commander Thomas has taken on the
great responsibility for the 170 United States Flags which are flown in
downtown Roanoke on selected holidays, and in this capacity, he has
secured workers, purchased flags, and even stored the flags in his own
home.
The Mayor advised that in recognition of the many accomplishments,
dedication, enthusiasm, and efficiency of Mr. Thomas, it gave him great
pleasure to declare Monday, May 21, 1990, as Commander Richard S.
Thomas Day in the City of Roanoke.
The Mayor presented Commander Thomas with a formal proclamation,
as well as a Key to the City. He presented Mrs. Thomas with a crystal
star which is symbolic of the Star on Mill Mountain.
i
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to three requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, commis-
sions and committees appointed by Council; a matter regarding the
acquisition of an interest in real property and disposition of publicly
held property, specifically possible acquisition of an interest in cer-
tain real property and the subsequent disposition thereof by con-
veyance; and a matter regarding specific legal matters requiring the
provision of legal advice by counsel concerning the terms and con-
ditions of a possible economic development agreement.
MINUTES: Minutes of the regular meetings of Council held on
Tuesday, January 2, 1990; Monday, January 8, 1990; Tuesday, January 16,
1990; and Monday, January 22, 1990, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............. 7.
NAYS: None ........ O.
I
256
ACTION:
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....... 7.
NAYS: None ............ O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter regarding the acquisition of an interest in
real property and disposition of publicly held property, specifically
possible acquisition of an interest in certain real property and the
subsequent disposition thereof by conveyance, pursuant to Section
2.1-344 (A) (3), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter regarding
the acquisition of an interest in real property and disposition of
publicly held property, specifically possible acquisition of an
interest in certain real property and the subsequent disposition
thereof by conveyance, pursuant to Section 2.1-344 (A) (3), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .......... 7.
NAYS: None ............
-0.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter regarding specific legal matters requiring
the provision of legal advice by counsel on the terms and conditions of
a possible economic development agreement, pursuant to Section 2.1-344
(A) (7), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
237
ACTION:
ACTION:
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter regarding
specific legal matters requiring the provision of legal advice by coun-
sel on the terms and conditions of a possible economic development
agreement, pursuant to Section 2.1-344 (A) (7), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor-- 7.
NAYS: None ..... O.
HOUSING: A communication from Mr. Herbert D. McBride, Executive
Director, City of Roanoke Redevelopment and Housing Authority,
requesting that Council schedule and advertise a public hearing for
Monday, June 11, 1990, on Amendment No. 3 to the Downtown East
Redevelopment Plan, R-42 (CD-3), the impetus being development proposed
by Norfolk and Western Railway Company for Disposition Parcel 2 located
in the Downtown East Project Area, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Housing
Authority and that a public hearing be held on Monday, June 11, 1990,
at 7:30 p.m., or as soon thereafter as the matter may be heard, in the
Council Chamber. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor- .7.
NAYS: None .............
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CELEBRATIONS: Mr. Danny Beamer, Executive Director and
Co-Tournament Director of the Crestar Festival Soccer Tournament,
appeared before Council and advised that the Tournament which will be
held on May 26 - 27, 1990, is the largest Tournament ever held in the
Roanoke Valley, with 176 teams from eleven different states which will
generate approximately 6,000 visitors to the local area. He stated
that 1700 hotel rooms have been reserved; that last year's Tournament
brought in over $1 million to the local economy, and 288 games will be
played in two days at 20 different fields and 14 different locations
throughout the Roanoke Valley. He advised that the majority of the
games will be played at Rivers Edge Park and expressed appreciation to
the Manager of the Department of Parks and Recreation and to his staff
for their assistance, and presented each member of Council with a com-
memorative patch.
238
ACTION:
ACTION:
Mr. Trout moved that the remarks of Mr. Beamer be received and
filed. The motion was seconded by Mr. Bowers and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
SCHOOLS: A communication from the Roanoke City School Board
advising that at its meeting on May 15, 1990, the School Board adopted
a resolution and application for Roanoke City Public Schools to par-
ticipate in the 1990 Virginia Public School Authority (VPSA) bond
issue, with the proceeds of the bond issue to be used in lieu of the
Literary Fund Loan approved by the State for Oakland Elementary School,
was before Council.
The School Board requested that Council approve the application
and ,. resolution indicating that Roanoke City desires to participate in
the VPSA bond issue, advising that no further action is required of the
City at this time, and if the application is approved by the VPSA
Board, Council will be requested to conduct a public hearing and to
perform any other procedural matters that may be required for partici-
pation in the VPSA bond issue.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#30049-52190) A RESOLUTION authorizing the appropriate City
officials to make application to the Virginia Public School Authority
for financing under the Authority's Literary Fund Interest Rate Subsidy
Program.
(For full text of Resolution, see Resolution Book No. 51, page 609.)
Mr. Trout moved the adoption of Resolution No. 30049-52190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .......... 7.
NAYS: None ..................
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
Grant No. 6072 - $938,677.00 for the replacement of
boiler systems and for asbestos
abatement. The appropriation
request is made in anticipation of
proceeds from the approved 1990
Capital Bond Issue.
239
Grant No. 6128 - $139,349.00 for the Chapter I
Summer Program to provide reading,
language arts, and mathematics
instruction for students in
targeted schools. The Program is
100 per cent reimbursed by Federal
funds.
Grant No. 6419 - $6,521.00 for the Vocational
Education Teen Mothers Program to
provide vocational instruction to
20 students. The Program is 100
per cent reimbursed by Federal
funds.
Grant No. 6422 - $34,357.00 for the 1990 Summer
Youth Employment Title II-B
Program to provide summer school
and vocational training for teen
mothers and work experience for
building trades students. The
Program is 100 per cent reimbursed
by Federal funds.
Grant No. 6961 - $25,000.00 for the Chess Program
to pay for chess instruction and
participation in tournaments. A
contribution has been received for
the Program.
Grant No. 6962 - $1,715,457.00 for the Magnet
Schools Program for 1990-91 to
provide for the operation of the
Elementary Magnet School Program.
The Program is 100 per cent reim-
bursed by Federal funds.
Grant No. 6963 - $746,519.00 for the 1990-91
Governor's School Program to pro-
vide instruction in science and
math to high school students. The
Program will be supported by State
funds and tuition collected from
participating school districts.
(For full text, see communication on file in the City Clerk's Office.)
The Director of Finance submitted a written report advising that
the request will appropriate $938,677.00 in the Capital Projects Fund
for boiler system replacement and asbestos abatement; that funding is
from the anticipated proceeds of the City's 1990 bond issue; that the
previously approved bond issue of $15,250,000.00 includes $3,300,000.00
24O
ACTION:
ACTION:
designated for asbestos removal in schools and $430,000.00 for replace-
ment of school heating systems; that said report will also appropriate
funds for six grant programs, of which five are funded with 100 per
cent Federal or State funds or contributions; that the Governor's
School grant for fiscal year 1991 requires $193,500.00 in fiscal year
1991 school funds to be transferred from the General Fund as a local
match; and funding in the fiscal year 1991 adopted budget is available
in the Education category of the General Fund, Account No. 001-060-
6001-6307-0382 (Tuitions - In State).
It was further advised that two measures were being presented for
approval by Council; that the first measure is for the bond funds and
all grant funds except the local match; that the second measure is for
the local match being appropriated from the fiscal year 1991 previously
adopted budget; whereupon, Mr. Schlanger recommended that Council con-
cur in the request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30050-52190) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Projects and Grant Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 610.)
Mrs. Bowles moved the adoption of Ordinance No. 30050-52190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .................. 7.
NAYS: None ....... O.
Mrs. Bowles offered the following emergency budget Ordinance:
(#30051-52190) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 613.)
Mrs. Bowles moved the adoption of Ordinance No. 30051-52190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........... 7.
NAYS: None ........ O.
241
I!
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
WATER DEPARTMENT: The City Manager advised that May 6 - 12, 1990,
was desi9nated as National Drinkin9 Water Week which was established to
enhance public awareness of drinking water issues and to increase
public recognition of the difference that drinking water makes to the
health, safety and quality of life that all citizens enjoy in the City
of Roanoke. He presented an 18 minute video entitled, "What Do You
Know About H20", which was prepared by the American Water Works
Association, and provides certain interesting facts about the availabi-
lity of water, its uses and mis-uses-
Inasmuch as the above matter was a briefing, no action was taken
by the Council.
ITEMS RECOMMENDED FOR ACTION:
CELEBRATIONS (SPECIAL EVENTS)-STADIUM: The City Manager submitted
a written report advising that the Roanoke Special Events Committee was
appointed by Council to plan and implement community-wide events; that
family-type events must be planned and implemented, as well as adult
events; that the objectives of the Committee are to create entertaining
and fun type events, attracting local citizens, as well as bringing
thousands of other people to Roanoke; and the Special Events Committee
is hosting the Grand Opening Night of Festival-in-the-Park on Friday,
May 25, 1990, with closing night activities to be held on Sunday,
June 3, 1990.
It was further advised that the criteria established pursuant to
Resolution No. 24982 for waiving the fee for use of Victory Stadium has
been met inasmuch as the Committee is tax exempt; that net proceeds
will be used by the Committee for ongoing events; and public liability
insurance, in an amount of $1,000,000.00 per occurrence, is provided by
the Committee with a hold-harmless clause which names the City of
Roanoke as co-insured.
The City Manager recommended that Council waive Victory Stadium
rental fee and grant concession rights to the Roanoke Special Events
Committee for the Grand Opening Night on May 25, 1990, and the closing
night activities on June 3, lg90.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30052-52190) A RESOLUTION waiving the standard rental fee for
use of certain City facilities for the 20th Anniversary Salute to
Roanoke's Festival-in-the-Park, and granting concession rights in con-
junction with such event.
(For full text of Resolution, see Resolution Book No. 51, page 614.)
242
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No. 30052-52190.
The motion was seconded by Mr. Garland and adopted by tile following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ..... 7.
NAYS: None ..................
De
CELEBRATIONS (SPECIAL EVENTS)-PARKS AND PLAYGROUNDS: The City
Manager submitted a written report advising that Festival-in-the-Park,
Inc., has requested the use of certain City park facilities and the
barricading of certain public streets, or portions thereof, in connec-
tion with 1990 Festival-in-the-Park scheduled for May 24 - June 3,
1990; and public liability and property damage insurance, pursuant to
Section 15.1-14.9, of the Code of Virginia, must be furnished by orga-
nizations permitted to use the public streets, with the amount of the
insurance to be established by the governing body.
It was further advised that the required insurance policy should
name the City of Roanoke, its officers, agents, and employees as addi-
tional insureds; that in addition, as a matter of policy, the City
requires public liability insurance for the use of all public facili-
ties including City parks; that Festival-in-the-Park, Inc., has offered
to provide insurance coverage with limits of $1,500,000.00 per occur-
rence and $2,500,000.00 per aggregate as recommended by the City's Risk
Manager; and Council's approval is needed with regard to the amount of
liability insurance that Festival-in-the-Park, Inc., will be asked to
provide in connection with the subject events.
The City Manager recom~aended that Council approve insurance
coverage, with liability limits of $1,500,000.00 per occurrence and
$2,500,000.00 per aggregate, in connection with Festival-in-the-Park;
and that Festival-in-the-Park, Inc., furnish the above insurance and
name the City of Roanoke, its officers, agents, and employees as addi-
tional insureds on said policy.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#30053-52190) A RESOLUTION establishing the minimum amount of
public liability and property damage insurance to be provided by
Festival-in-the-Park, Inc., for festival activities.
(For full text of Resolution, see Resolution Book No. 51, page 615.)
Mr. Bowers moved the adoption of Resolution No. 30053-52190. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........... 7.
NAYS: None ..........................
243
ACTION:
ACTION:
BUDGET-CIVIC CENTER-CONSULTANTS REPORTS: The City Manager sub-
mitted a written report concurring in a report of a bid committee with
regard to providing certain consulting services to assist in tile pre-
paration and evaluation of food service bids and subsequent contract
negotiations for operations of concessions and catering services at the
Roanoke Civic Center.
The bid committee recommended that Council authorize the City
Manager to award a contract, in a form subject to approval by the City
Attorney, to the firm of William Caruso & Associates, in the total
amount of $13,500.00, to provide certain consulting services to assist
in the preparation and evaluation of food service bids and subsequent
contract negotiations for the operation of concessions and catering
services at the Civic Center; authorize the Director of Finance to
transfer $13,500.00 from Capital Outlay - Equipment, Account No.
005-0§0-8600-9015, to Fees for Professional Services, Account No.
005-050-2105-2010; and reject all other bids received by the City.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30054-521g0) AN ORDINANCE to amend and reordain certain sec-
tions of the I989-g0 Civic Center Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 615.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30054-521g0.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowers, Bowles,
Muss,r, Trout and Mayor Taylor---
NAYS: None-
Mr. Fitzpatrick offered the following Resolution:
Fitzpatrick, Garland,
(#30055-52190) A RESOLUTION authorizing the City Manager to enter
into a contract with William Caruso and Associates to provide certain
concession and catering consulting services for operations at the
Roanoke Civic Center.
(For full text of Resolution, see Resolution Book No. 51, page 616.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30055-52190.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor- .7.
NAYS: None- - ....... O.
244
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a writ-
ten report recon~nending approval of the third quarter and projected
fourth quarter personnel lapse funds as set forth in a memorandum from
the Office of Management and Budget, as follows:
General Fund:
Total Budgeted Personnel Lapse
Net First and Second Quarter
Personnel Lapse Reduction
$ 550,000.00
(344,005.00)
Budgeted Personnel Lapse Balance
Remaining
$ 205,995.00
Recommended Third and Fourth Quarter
Expenditure Reduction
Recommended Revenue Adjustment
$ 300,879.00
(81,638.00)
Net Third and Fourth Quarter Personnel
Lapse Reduction
Balance Recommended to be transferred
to General Fund Contingency Reserve
Internal Service Fund:
$(219,241.00)
$ 13,146.00
Total Budgeted Personnel Lapse
Net First and Second Quarter
Personnel Lapse Reduction
$ 100,000.00
(79,900.00)
Budgeted Personnel Lapse Balance
Remaining
$ 20,100.00
Net Third and Fourth Quarter Personnel
Lapse Reduction $(65,500.00)
Balance Recommended to be transferred
to Internal Service Fund Contingency $ 45,400.00
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
245
ACTION:
(#30056-52190) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Internal Service Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 616.)
Mr. Fitzpatrick moved the adoption of Ordinance No, 30056-52190.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members
Musser, Trout and Mayor Taylor-
Bowers, Bowles, Fitzpatrick, Garland,
NAYS: None-
REPORTS OF COMMITTEES:
BUDGET-STREETS AND ALLEYS-AIRPORT-TRAFFIC: Council Member
Robert A. Garland, Chairman of a committee appointed by the Mayor to
tabulate bids received for bituminous concrete overlays and pavement
profiling of various streets within the City, presented a written
report on behalf of the committee, recommending that Council award a
contract to Virginia Asphalt Paving Co., Inc., in the total amount of
$901,532.60, and establish a contingency, in the amount of $9,467.40,
for a total not to exceed $911,000.00; authorize the transfer of
$261,000.00 from the following accounts; and reject all other bids
received by the City:
Capital Outlay
Electricity
Landfill Fees
Maintenance of
Fixed Assets
Mi scel laneous Ref.
Recovered Costs
Snow Removal -
Overtime
- Expend. Equip.
- Motor Fuels
~lorkmens Comp. -
Medical
Workmens Comp. -
Wages
Subtotal
001-052-4210-9010
001-052-4210-9015
001-052-4330-2022
001-052-4210-2010
001-002-9410-2201
001-004-9140-2170
001-024-3310-8005
001-052-4140-1003
001-052-4140-2035
001-052-4140-2038
001-004-9110-1140
001-004-9110-1135
5,000.00
6,930.00
20,000.00
20,000.00
25,000.00
40,000.00
10,000.00
9,070.00
2,000.00
3,000.00
80,000.00
40,000.00
$261,000,00
Paving Program Account
(FY 1990-91) 001-052-4120-2010
Total
$650,000.00
$911,000.00
246
ACTION:
ACTION:
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Fir. Garland offered the following emergency budget Ordinance:
(#30057-52190) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 619.)
Mr. Garland moved the adoption of Ordinance No. 30057-52190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....................................... 7.
NAYS: None ............
Mr. Garland offered the following emergency Ordinance:
(#30058-52190) AN ORDINANCE accepting the bid of Virginia Asphalt
Paving Co., Inc., for bituminous concrete overlays and pavement pro-
filing of various streets within the City of Roanoke, upon certain
terms and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 620.)
Mr. Garland moved the adoption of Ordinance No. 30058-52190. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ......... -7.
NAYS: None .......
Om
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 30038 rezoning four parcels of land lying
on the north side of Reserve Avenue, S. W., approximately 115 feet,
more or less, west of its intersection with Jefferson Street, S. W.,
identified as Official Tax Nos. 1032201, 1032202, 1032204, and 1032206,
from HM, Heavy Manufacturing District, to C-1, Office District, subject
to certain conditions proffered by the petitioners, having previously
been before the Council for its first reading on Monday, May 14, 1990,
read and adopted on its first reading and laid over, was again before
the body, Mr. Bowers offering the following for its second reading and
final adoption:
247
(!
ACTION:
ACTION:
(#30038-52190) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 103, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered-by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 606.)
Mr. Bowers moved the adoption of Ordinance No. 30038-52190. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor- 7.
NAYS: None ................
O.
ZONING: Ordinance No. 30039 rezoning a tract of land consisting
of four parcels, more or less, located on the west side of Ridgefield
Street, N. E., identified as a portion of Lots 15, 16 and 17, Sunrise
Heights, Official Tax Nos. 3121408 - 3121410, inclusive, and 3121414,
from RM-1, Residential Multi-Family, Low Density District, to HM, Heavy
Manufacturing District, subject to certain conditions proffered by the
petitioner, having previously been before the Council for its first
reading on Monday, May 14, 1990, read and adopted on its first reading
and laid over, was again before the body, Mr. Fitzpatrick offering the
following for its second reading and final adoption:
(#30039-52190) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 312, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 607.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30039-52190.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........................... 7.
NAYS: None ........................................
-0.
ZONING: Ordinance No. 30040 rezoning a tract of land containing
3.024 acres, more or less, located at 3342 Melrose Avenue, N. W., iden-
tified as Official Tax No. 2660417, from C-2, General Con~nercial
District, to LM, Light Manufacturing District, subject to certain con-
ditions proffered by the petitioner, having previously been before the
Council for its first reading on Monday, May 14, 199D, read and adopted
on its first reading and laid over, was again before the body, Mr.
Bowers offering the following for its second reading and final adop-
tion:
248
ACTION:
ACTION:
ATTEST:
(#30040-52190) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 608.)
Mr. Bowers moved the adoption of Ordinance No. 30040-52190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ...... 7.
NAYS: None ..... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:30 p.m., the Mayor declared the meeting in recess.
At 5:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Fitzpatrick moved with respect to the Executive
Session just concluded, that each Member of City Council certify to the
best of his or her knowledge that: (1) only public business matters
lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Executive Session was
convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .................. 7.
NAYS: None ............ O.
There being no further business, the Mayor declared the meeting
adjourned at 5:13 p.m.
APPROVED
City C1 erk
249
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
May 29, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, May 29, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meeti Section 2-15, Rules of Procedure, Code of the City of Roanoke
TT~' of
...... , as an~nded.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Robert A.
Garland, Howard E. Musser, James O. Trout, David A. Bowers and Mayor Noel C.
Taylor ................ 6.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; William X
Parsons, Assistant City Attorney; Joel M. Schlanger, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James Williams,
Pastor, Pure Gospel Church of God and Christ.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
POLICE DEPARTMENT: Police Chief M. David Hooper appeared before
Council and advised that in May 1989 and during 1989-90 budget study,
Council took unusual action on behalf of the citizens of the City of
Roanoke by authorizing 19 additional police officers to be hired and
placed in the service of the Police Department. He reported that since
that time, a class of 25 officers graduated from the Police Academy in
November 1989, and introduced a class of 15 regular officers and two
auxiliary officers who were in attendance.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss a matter
regarding acquisition of an interest in real property, specifically
possible acquisition of an interest in certain real property for
construction of a public facility.
250
ACTION:
ACTION:
ACTION:
SCHOOLS: A communication from Ms. Sallye T. Coleman advising that
inasmuch as she was appointed by Council to fill the unexpired term of
Mr. Guy W. Byrd, Jr., resigned, as a member of the Roanoke City School
Board, ending June 30, 1992, she would like to submit her resignation
from her current term of office which expires on June 30, 1990, in
order to assume her new term of office, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted and that the com-
munication be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor ............ 6.
NAYS: None .............. O.
(Council Member Bowles was absent.)
SCHOOLS: A report of qualification of Ms. Sallye T. Coleman to
fill the unexpired term of Mr. Guy W. Byrd, Jr., resigned, ending
June 30, 1992; and Mr. Finn D. Pincus to fill the unexpired term of
Ms. Sallye T. Coleman, resigned, ending June 30, 1990, as Trustees of
the Roanoke City School Board, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor .................. 6.
NAYS: None ........ O.
(Council Member Bowles was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter regarding acquisition of an interest in
real property, specifically possible acquisition of an interest in cer-
tain real property for construction of a public facility, pursuant to
Section 2.1-344 (A) (3), Code of Virginia {1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter regarding
acquisition of an interest in real property, specifically possible
acquisition of an interest in certain real property for construction of
a public facility, pursuant to Section 2.1-344 (A) (3), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
251
AYES:
and Mayor Taylor ................
NAYS: None-
ICouncil Member Bowles was absent.)
REGULAR AGENDA:
Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
6.
ACTION:
HEARING OF CITIZENS UPON PUBLIC MAITERS: NONE.
PETITIONS AND COMMUNICATIONS:
TAXATION-SPECIAL PERMITS: A petition from Showtimers of Roanoke
Valley, Inc., represented by Mr. David H. Beidler, Treasurer,
requesting that Council adopt a resolution, in accordance with the
requirements of Section 30-19.04(B), Code of Virginia, 1950, as
amended, after holding a public hearing with regard to exemption from
taxation of the property of Showtimers of Roanoke Valley located at
1431 McVitty Road, S. W., and that a recommendation be made to the
General Assembly of Virginia that the real property of Showtimers be
designated by a Section within Article IV, Section 58.1-3650 et. seq.
of the Code of Virginia exempting the real and personal property of
Showtimers from taxation so long as Showtimers is operated not-for-
profit and the property so exempt is used for the particular purposes
of providing con~nunity theatre and education in the performing arts for
the benefit of the citizens of the Roanoke Valley.
(For full text, see petition on file in the City Clerk's Office.)
Mr. Trout moved that the petition be referred to the City Manager
and the City Attorney for study, report and recommendation to Council.
The motion was seconded by Mr. Fitzpatrick and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
WATER DEPARTMENT-SEWERS AND STORM DRAINS-UTILITIES: The Director
of Utilities and Operations presented an oral briefing with regard to
efforts involved in providing public utilities to one family per day.
He advised that the amount of water that a family uses depends upon
the number of occupants, their ages, amount of lawn irrigation, number
of appliances in use, the type of entertaining that is done, etc., with
the average family using approximately 250 gallons of water per day.
Mr. Jesse Perdue, Manager of Utility Line Services, presented a
video with regard to typical problems occuring with a sewer line system
and the consequences.
252
ACTION:
Inasmuch as the above matters were considered to be briefings for
the information of Council only, no action was taken.
ITEMS RECOMMENDED FOR ACTION:
SPECIAL PERMITS-CELEBRATIONS: The City Manager submitted a writ-
ten report advising that Council has granted permission to various
civic groups to hang flags from street lighting poles in the Central
Business District of the City; and pursuant to communication under date
of April 13, 1990, Mr. Robert S. Hartman, Games Director for Virginia
Amateur Sports, Inc., has requested authorization to hang flags on cer-
tain City street lighting poles to promote the CorEast Virginia State
Games Festival to be held on July 5 - 8, 1990.
The City Manager recommended that Council grant Virginia Amateur
Sports, Inc., permission to hang flags from City street lighting poles
in the Central Business District for the promotion of the CorEast
Virginia State Games from July 5 - 8, 1990.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#30059) AN ORDINANCE granting to Virginia Amateur Sports, Inc.,
a revocable permit to mount certain flags on street lighting poles in
the Central Business District of the City, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 634.)
vote: The motion was seconded by Mr. Trout and adopted by the following
AYES: Council Members Fitzpatrick Garland, Musser, Trout, Bowers
and Mayor Taylor ....... '
=6,
NAYS: None .......
-0,
(Council Member Bowles was absent.)
SALE/PURCHASE OF PROPERTY: The City Manager submitted a written
report advising that remains of an old roadway, possibly a portion of
the original alignment of what eventually became Colonial Avenue,
S.W., (previously called Poor House Road and Bent Mountain Road)
passes through several properties, including property of Mr. and Mrs.
Troy E. Goad; that unclear legal status of the old roadway must be
cleared up prior to the sale of the property by Mr. and Mrs. Goad; that
granting of a quitclaim deed to any interest the City may have in the
old roadway has been requested by Mr. and Mrs. Goad; and five or six
additional properties may be affected by said situation.
ACTION:
The City Manager recommended that Council authorize the appro-
priate City officials to execute a quitclaim deed to the old roadway
south of Colonial Avenue and west of Winding Way Road, S. W., subject
to approval by the City Attorney,
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#30060) AN ORDINANCE providing for the release of the City's
interest in an abandoned private road off of Colonial Avenue, S. W.
upon certain terms and conditions. '
(For full text of Ordinance, see Ordinance Book No. 51, page 635.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor .......... 6.
NAYS: None .........
(Council Member Bowles was absent.)
BUDGET-HUMAN RESOURCES-YOUTH: The City Manager submitted a writ-
ten report advising that the City of Roanoke receives funds from the
United States Department of Agriculture (USDA), through the Virginia
Department of Corrections, to enhance the food service program of the
Crisis intervention Center (Sanctuary), Juvenile Probation House (Youth
Haven), and Juvenile Detention Home; and USDA funds for the second
quarter of fiscal year 1990 and the third quarter of fiscal year 1990
have been received by the City of Roanoke for the facilities as
follows: '
Crisis Intervention
Juvenile Probation House
Juvenile Detention Home
$ 2,556.14
1,027.70
6,451.73
Total
$10,035.57
It was further advised that USDA funds usage regulations require
that the funds be used for equipment and repairs, food costs, and labor
costs of food service workers.
The City Manager recommended that Council appropriate USDA funds
to the Crisis Intervention Center, Juvenile Probation House, and
Juvenile Detention Home, and increase corresponding revenue estimates,
as follows:
253
254
ACtIOn:
Crisis Intervention Center - Revenue
Account No. 001-020-1234-0661, USDA - Crisis
Intervention, in the amount of $2,556.14, to
Account No. 001-054-3360-3000.
Juvenile Probation House - Revenue
Account No. 001-020-1234-0662, USDA - Youth Haven,
in the amount of $1,027.70, to Account No. 001-054-
3350-3000.
Juvenile Detention Home - Revenue
Account No. 001-020-1234-0660, USDA - Juvenile
Detention, in the amount of $6,451.73, to Account
No. 001-054-3320-3000.
Total Revenue and Appropriations
$10,035.57
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30061-52990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 621.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30061-52990.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ........... 6.
NAYS: None .....................
(Council Member Bowles was absent.)
BUDGET-CIVIC CENTER: The City Manager submitted a written report
advising that advertisement was placed in a local newspaper on April 1,
1990, soliciting professional services proposals from qualified archi-
tectural/engineering firms to prepare the necessary contract documents
for removal of asbestos containing materials in the Civic Center
Auditorium which the Civic Center Management hopes to remodel; and the
services would also include full time supervision of the project during
the removal of the asbestos containing materials.
It was further advised that present regulations require a facility
to be surveyed for asbestos containing materials and an abatement plan
must be implemented before a building permit can be issued for any work
within the facility; that five firms responded to the advertisement,
and were deemed to be qualified and licensed to prepare the required
documents and to supervise the work covered by the contract; and indi-
vidual discussions were held with all offerors, with the firm of
Dewberry & Davis being selected as the most qualified.
ACTION:
ACTION:
The City Manager recommended that he be authorized to execute a
contract with Dewberry & Davis for contract documents for asbestos aba-
tement and supervision of the contract at the Roanoke Civic Center
Auditorium within the required time restraints, for a professional ser-
vices fee not to exceed $76,600.00; and authorize the appropriation of
$76,600.00 from Civic Center Retained Earnings to a capital account to
be established by the Director of Finance entitled, Asbestos Abatement
for Civic Center Auditorium.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30062-52990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Civic Center Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 621.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30062-52990.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ......... .6.
NAYS: Nolle ........
.0.
(Council Member Bowles was absent.)
Mr. Bowers offered the following Resolution:
(#30063-52990) A RESOLUTION authorizing the execution of a
contract with Dewberry & Davis, to provide certain professional ser-
vices in connection with asbestos abatement in the Roanoke Civic Center
Auditorium in the area of public occupancy surrounding the auditorium;
and providing for an emergency.
(For full text of Resolution, see Resolution Book No. 51, page 622.)
Mr. Bowers moved the adoption of Resolution No. 30063-52990. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ......... 6.
NAYS: None ........
(Council Member Bowles was absent.)
255
256
ACTZON:
BUDGET-VIRGINIA TECH-TRADE AND CONVENTION CENTER: The City
Manager submitted a written report advising that the Laventhal and
Horwath report prepared for the City of Roanoke in 1986-87 recommended
that a new trade and convention center be constructed; that both the
study and the City Manager appointed Trade Center Task Force recom-
mended that the project be built near The Hotel Roanoke; and Virginia
Tech has been proceeding with its plans on the rehabilitation of The
Hotel Roanoke and development of a management training and education
conference center facility.
It was further advised that as Virginia Tech and a prospective
hotel developer proceed with planning, the City of Roanoke will need to
commence its own planning in order to allow for the potential of the
three distinct projects to work together; and a more detailed space
program which will outline sizes of rooms, number of rooms and kinds of
rooms, as well ~s recom~nendations on operations of the City facility in
conjunction with the other two projects, is needed.
The City Manager recommended that Council appropriate $30,000.00
in undesignated Capital funds to an account to be established by the
Director of Finance in the Capital Projects Fund, which funds will be
needed to purchase the professional assistance required for said pro-
ject.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#30064-52990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 622.)
Mr. Bowers moved the adoption of Ordinance No. 30064-52990. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ................ 6.
NAYS: None .................... O.
(Council Member Bowles was absent.)
DIRECTOR OF FINANCE:
BUDGET: The Director of Finance submitted a written report
advising that the City of Roanoke's Internal Service Fund accounts for
certain service providing departments; that the service providing
departments within the Internal Service Fund recover the costs of pro-
viding those services by charging the receiving departments; that
budgeted funds for internal services were allocated in the current
fiscal year budget throughout the various departments based on esti-
mated usage, which has varied from the original estimates; that it is
257.
ACTION:
ACTION:
ACTION:
necessary to make appropriation transfers between several departments
to provide sufficient funds for internal services for the remainder of
the fiscal year which will not increase the original overall budget,
but reallocate amounts between departments; and recommended that
Council concur in the recommendation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#30065-52990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. S1, page 623.)
Mr. Musser moved the adoption of Ordinance No. 30065-52990. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ........................ 6.
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of April, 1990.
(For full text, see financial report on file in the City Clerk's
Office.)
Mr. Bowers moved that the financial report be received and filed.
The motion was seconded by Mr. Musser and adopted.
REPORTS OF COMMITTEES:
AUDIT COMMITTEE-LICENSES: Council Member David A. Bowers,
Chairman of the Audit Coff~ittee, presented minutes of a meeting which
was held on Monday, May 21, 1990, advising that the Committee received,
reviewed and filed the KPMG Peat Marwick June 30, 1990, Audit Plan;
withdrew from the agenda the KPMG Peat Marwick Financial Trends
Analysis report as requested by the Municipal Auditor; received,
reviewed and filed a report from the Municipal Auditor concerning bingo
activities; reviewed a revised bingo ordinance and unanimously agreed
to refer the measures to Council at its May 29, 1990 meeting; and
received with regret the notice of retirement by William L. Brogan as
Municipal Auditor, and agreed to request that Council start the process
of employing a Municipal Auditor so that the position can be filled by
October 1, 1990.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Bowers moved that the minutes of the Audit Committee be
received and filed. The motion was seconded by Mr. Trout and unani-
mously adopted.
258
ACTION:
ACTION:
Mr. Bowers called attention to the notice of retirement of Mr.
William L. Brogan, Municipal Auditor, effective October 1, 1990;
whereupon, he moved that the process of filling the vacancy be
referred to the Council's Personnel Committee for appropriate action.
The motion was seconded by Mr. Fitzpatrick and adopted.
Mr. Bowers offered the following emergency Ordinance with regard
to regulation of bingo and raffle games in the City of Roanoke:
(#30066-52990) AN ORDINANCE to amend and reordain §21-65, Bingo
9ames and raffles conducted under this article of the Code of the City
of Roanoke (1979), as amended and to add new §21-66, Bingo games and
raffles - definitions; §21-67, Annual-permit required; ~pplication and
processin~ fee, form of application; §21-6B, ReqUirement of issuance of
~ermit; where valid; duration; permits subject to regulation; §21-69,
['imitation on frequency and duration of conducting bingo games; §21-70,
Instant bingo; §21-71, Reports of gross' receipts and disbursements
~equired; form of reports; failure to file; certificate of compliance;
right of entry upon premises; records; independent accounting proce-
~-ure; §21-73, Prohibited practices; §21-74, Denial, suspension or
reVOcation of ~ermit; penalties; §21-75, Enforcement of article;
.injunctive relief; §21-76, Hearings and appeals; §21-77, Joint opera-
tion of bingo games; restrictions; special permit required; and
~21~77.1, Only raffles, bingo and instant bingo games permitted; to
provide fo~ the regulation o~'bingo and raffle games in the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 625.)
Mr. Bowers moved the adoption of Ordinance No. 30066-52990. The
motion was seconded by Mr. Fitzpatrick.
Mr. Donald J. Feick, 2784 Hillbrook Drive, S. W., Chairman of the
Bingo Committee of the Knights of Columbus, appeared before Council and
expressed appreciation for the efforts of the City on behalf of legiti-
mate bingo operations; however, he pointed out that it is felt that
the two per cent of the total of gross receipts for the audit fee may
present a problem for legitimate operations because it represents a
tremendous portion of the profits and asked that Council give further
review to the matter.
Ms. E. C. Fralin, 4907 Keithwood Drive, S. W., appeared before
Council and advised that she has played bingo for many years and noted
that the Knights of Columbus and St. Elias Catholic Church conduct the
only legal bingo operations in the City of Roanoke. She stated that
she has played instant bingo all night from 11:00 p.m., until 7:00 and
8:00 a.m., and she has observed operators who take in between $3,000.00
and $5,000.00 per night, three nights a week, month after month, with
the money going into the operator's pocket rather than to charitable
group or organization. She expressed concern that instant bingo cannot
be eliminated, and pointed out that she would prefer that the money she
spends on bingo would be used to help someone in need rather than the
bingo operator.
259
ACTION:
Ms. Brenda Duncan, 823 Clearwater Avenue, N. E., appeared before
Council and advised that she is a bingo player, but she was also a
bingo employee who worked for approximatly a year and one-half for a
bingo operator until she found out that the profits were going into the
operator's pocket. She called attention to salaries that are paid to
bingo employees, with callers making as much as $40.00 per night. She
stated that the only legal bingo in the City of Roanoke is operated by
the Knights of Columbus and St. Elias Catholic Church, advising that
all illegal bingo operations are located in the City of Roanoke. She
questioned procedures used by the Commissioner of Revenue in issuing
bingo permits.
Mr. Bowers addressed the matter of the two per cent fee for bingo
audit reports, advising that a concern has been raised that the audit
fee could be enough to cause some of the legitimate operators to go
out of business. He stated that he had discussed the matter with the
Assistant City Attorney, the Director of Finance and a representative
of the Office of Commonwealth's Attorney who are in agreement that the
portion of the measure dealing with the audit fee should be deleted
from the proposed ordinance for a period of one week and referred back
to the City Attorney, Director of Finance and Commonwealth's Attorney
for further review and report to Council at its regular meeting on
Monday, June 4, 1990.
Mr. Bowers moved that Ordinance No. 30066-52990 be amended to
delete, for a period of one week, Section 21-72, Audit of Reports; Fee,
and that the matter be referred to the City Attorney, Director of
Finance and Commonwealth's Attorney for review and report to Council at
its next regular meeting on Monday, June 4, 1990. The motion was
seconded by Mr. Garland and adopted.
Ordinance No. 30066-52990, as amended, was adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musse~, Trout, Bowers
and Mayor Taylor-- 6.
NAYS: None ...... .0.
(Council Member Bowles was absent.)
STATE OF THE CITY-TRAFFIC (CITY OF ROANOKE TRANSPORTATION SAFETY
COMMISSION): A report of the City of Roanoke Transportation Safety
Commission, advising that the Mayor's 1989 State of the City Recom-
mendation No. 3 recommended that the Star City become the safest place
to live in Virginia by striving to have Virginia's highest highway
compliance rate for buckling up; that the City accept the challenge of
the United States Conference Mayors, which passed a resolution at its
§§th Annual Meeting in Nashville, Tennessee, calling for Mayors to work
toward achieving a national safety belt usage rate of 70 per cent by
1990, and the challenge is a great way to get the whole community
involved in a worthwhile project; that the Mayor suggested that the
necessary program of education be developed and that a committee be
appointed that would help the City to use the resources at its command
260
through the Virginia Automobile Safety Alliance headed by )as.
Barbara S. Bolton as the City strives to meet the challenge of 70 per
cent by 1990; and the City of Roanoke Transportation Safety Commission
received said recommendation for study, report and recommendation to
Council, was before the body.
It was further advised that Virginia's automobile safety belt law,
House Bill No. 1210, became effective January 1, 1988, which requires
drivers and front seat passengers to use safety belts; that citations
can be issued only when a law enforcement officer stops a driver for
another law violation, and the violation of the safety belt law
involves a $25.00 civil penalty; that safety belt use is mandatory for
all municipal employees who are occupants of municipal vehicles in
accordance with City of Roanoke Personnel Operating Procedure No. 23;
that reported accidents for the City indicate that during the three
year period before the law took affect, from 1985 - 1987, 23 vehicle
occupants were killed in Roanoke City automobile accidents, and of this
total, 20 were not wearing safety belts, an average of 6.7 unbelted
fatalities per year; that in the two years since the law took effect,
ten vehicle occupants were killed in Roanoke City automobile accidents,
and of this total, eight were not wearing safety belts, an average of
4.0 unbelted fatalities per year; and this significant reduction in
unbelted fatalities is likely due to the higher safety belt compliance
rate.
It was explained that education and enforcement is necessary to
make the law more effective; that the Virginia Auto Safety Alliance,
the Department of Motor Vehicles, the Virginia State Police, and the
Virginia Department of Transportation have launched education and pro-
motional campaigns on many fronts to encourage Virginia drivers to
comply with the law; that signs, literature, and other promotional
devices such as the addition of the safety belt logo to the back of the
annual automobile safety inspection stickers are but a few of the many
educational materials being used by these agencies; that the Roanoke
Transportation Safety Commission should initiate a campaign to further
the efforts if the 70 per cent usage rate is to be achieved; that the
Virginia Transportation Research Council's latest survey figures for
Roanoke indicate that the safety belt compliance rate was only 57.6
per cent in June, 1989, and 60.0 per cent in March, 1990; and studies
by the Research Council will be conducted once again in June, 1990.
The City of Roanoke Transportation Safety Commission proposed the
following educational activities for occupant protection which can
occur in Roanoke in the weeks and months ahead to help Roanoke achieve
the desired 70 per cent safety belt usage rate during 1990:
Public Service Announcements - provide public ser-
vice announcements with reminders and statistics
concerning safety belts to local television and
radio stations to be televised and broadcast when-
ever possible.
261
Division of Motor Vehicles (DMV) mini-grant funds
are available in the maximum amount of $1,500.00.
These funds can be used to acquire:
educational literature for distribution -
brochures, flyers, booklets, bumper
stickers, etc., are available through the
DMV and other organizations for distribu-
tion at key locations (Municipal
Building, City schools, libraries, etc.);
signage - safety belt signs are available
for purchase and installation at key
locations such as parking garage exits,
near shopping mall exits, school parking
lot exits, and other strategic locations;
billboards - billboard messages are
available for purchase and installation
at various locations;
Roanoke Civic Center Marquee - periodic display of
safety belt reminders throughout the year.
Enforcement - police officer education and encoura-
gement will be conducted to enhance enforcement of
the safety belt law.
Roanoke City Police Department is scheduled to be
present at the Festival-in-the-Park's Art in the
Park Day on June 2, 1990, to distribute safety belt
information. Also, during the month of June, the
Police Department will be involved in the "Saved by
the Belt" Program which highlights the actual
experiences of individuals whose lives were saved
by safety belts.
The Transportation Safety Commission recommended that Council
receive and file the report.
(For full text, see report on file in the City Clerk's Office.)
Vice-Mayor Fitzpatrick requested that the Transportation Safety
Commission consider the feasibility of installing appropriate signage,
containing the City's logo, at strategic entrances to the City with the
message that based upon the Mayor's recon~endation, the City of Roanoke
will strive to have Virginia's highest highway compliance rate for
buckling up.
262
ACTION:
ACTION:
Mr. Bowers moved that the report be received and filed.
motion was seconded by Mr. Fitzpatrick and adopted.
The
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY TIlE MAYOR AND MEMBERS OF COUNCIL:
COUNCIL-HOUSING (HOUSING AUTHORITY): Council Member Bowers moved
that the City Attorney be requested to prepare the proper measure
expressing Council's sympathy upon the passing of the late Percy T.
Keeling, Sr. The motion was seconded by Mr. Musser and adopted.
FIRE DEPARTMENT-BUILDINGS: Council Member Trout called attention
to the diversity of buildings in the City of Roanoke and inquired if
the City's inventory of buildings has reached the point where the City
needs additional fire equipment or more up to date replacement of spe-
cialized equipment.
The City Manager responded that fire equipment is adequate to ser-
vice City structures. He stated that fire equipment is expensive and
City staff is investigating a method of financing with regard to repla-
cement of certain fire apparatus.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:35 p.m., the Mayor declared the meeting in recess.
At 4:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowles.
COUNCIL: Mr. Trout moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor .......... 6.
NAYS: None .......... O.
(Council Member Bowles was absent.)
263
There being no further business, the Mayor declared the meeting
adjourned at 4:23 p.m.
APPROVED
ATTEST:
City C1 erk
264
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
June 4, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 4, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
~, of Section 2-15, Rules of Procedure, Code of the Cityof Roanoke
~l~, as amended.
PRESENT: Council Members Robert A. Garland, Howard E. Musser, James O.
Trout, David A. Bowers and Vice-Mayor Beverly T. Fitzpatrick, Jr.-- 5.
ABSENT: Council Member Elizabeth T. Bowles and Mayor Noel C. Taylor-2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Vice-Mayor Beverly T.
Fitzpatrick, Jr.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Fitzpatrick.
ACTION:
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session to discuss
specific legal matters requiring the provision of legal advice by coun-
sel, being the terms and conditions of the Consolidation Agreement bet-
ween the City of Roanoke and the County of Roanoke.
PENDING LIST: A list of items pending from July 10, 1978, through
May 29, 1990, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
265
ACTION:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick-- 5.
NAYS: None ..... O.
(Council Member Bowles and Mayor Taylor were absent.)
COUNCIL: A communication from Vice-Mayor Beverly T. Fitzpatrick,
Jr., requesting an Executive Session to discuss specific legal matters
requiring the provision of legal advice by counsel, being the terms and
conditions of the Consolidation Agreement between the City of Roanoke
and the County of Roanoke, pursuant to Section 2.1-344 (Al (7), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Vice-
Mayor to convene in Executive Session to discuss specific legal matters
requiring the provision of legal advice by counsel, being the terms and
conditions of the Consolidation Agreement between the City of Roanoke
and the County of Roanoke, pursuant to Section 2.1-344 (Al (7), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick 5.
NAYS: None ..... O.
(Council Member Bowles and Mayor Taylor were absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
WATER DEPARTMENT-SEWERS AND STORM DRAINS: Mr. M. Craig Sluss,
Manager, Water Department, presented a ten minute video with regard to
what happens to City of Roanoke water as it passes through the process
from raw water to the treated sewage effluent.
Mr. Kit B. Kiser, Director of Utilities and Operations, advised
that in 1988, the City experienced a drought which was considered to be
the fourth dryest year in Roanoke's history; that during that period,
the City had two problems, one pertained to state regulations which
require that if a locality reaches 80 per cent of its treatment capa-
city for three consecutive months, it must submit to the State Health
266
Department a plan for expansion of the treatment plant; and the City
also had a problem in getting treated water from Carvins Cove Dam to
the citizens fast enough. He explained that last year, Council
authorized a contract with Mattern & Craig, Consulting Engineers and
Alvord Burdick and Howson to perform a feasibility study regarding
expansion of the Carvins Cove Filter Plant and the pipework for water
to serve downtown Roanoke. He stated that Carvins Cove is rated to
treat 18 million gallons of water; that currently there is a source or
safe yield of 20 million gallons per day and in order to use the raw
water source of 20 million gallons per day average safe yield, City
staff has investigated the feasibility of expanding the Water Pollution
Control Plant from 18 to 28 million gallons per day. He pointed out
that preliminary information thus far indicates the following imme-
diate needs:
repair of intake structures (pipes) to the Carvins
Cove Dam such as screens to keep weeds, fish,
debris, etc., out of the pump;
expansion of the low lift pump station for Carvins
Cove Filter Plant;
renovation and expansion of the Carvins Cove Filter
Plant in order to meet capacity needs;
transmission pipeline from the Carvins Cove Plant
to Hershberger Road (Delray Pumping Station loca-
tion); and
replacement of pressure filters in the Falling
Creek Filter Plant (bids were received and the City
previously awarded a portion of the contract).
Mr. Kiser indicated that all of the above amounts to approximately
$17 million of water needs.
With regard to sewage, Mr. Kiser advised that the City experienced
considerable problems during the heavy rainfall in 1989; that before
the November, 1985 flood, Council authorized the City Administration to
engage the firm of Malcolm Pirnie and Associates to prepare a 20 year
feasibility study that was presented to the Water Resources Committee
and to Council in March, 1987, which report anticipated over a 20 year
period the renovation and expansion of the Sewage Treatment Plant and
replacement of interceptors. He stated that since that time the City
experienced the high water flows of 1989 and referred to a report of
the Water Resources Committee dated February, 1990 regarding the high
flows and pending potential action by the State. He explained that the
City has received what is referred to as a "95 per cent letter" from
the State (the State issues such a letter if a locality meets or
exceeds 95 per cent of its flow for two consecutive months), and the
City has, in turn, submitted a plan of action to the State. He
explained that City flows average approximately 17 - 19 million gallons
267
per day; that flow averages for the entire month of July 1989 was 29
million gallons per day compared to City allocated capacity at the
Sewage Treatment Plant of 15.8, therefore, there is a need for plant
expansion in order to meet the needs of the Roanoke Valley even though
the Valley has a regional plant and other local governments are
involved. He advised that in reviewing the Malcolm Pirnie figures of
32 million gallons yield per day, costs could range in the area of $40
to $45 million, of which the City's share could range between $7 - $15
million, including certain distribution improvements that are deemed
necessary. Mr. Kiser stated that with all of the above in mind, he has
requested the City Manager and the Director of Finance to submit cer-
tain specific recommendations to Council in the near future.
(No action was taken on the matter.)
ITEMS RECOMMENDED FOR ACTION:
STREETS AND ALLEYS: The City Manager submitted a written report
advising that a communication under date of May 30, 1989, along with an
earlier communication under date of June 6, 1988, was sent to the City
Engineering Department by Mr. Neil Schlossberg, owner of property
designated as Official Tax No. 5010320 adjacent to unopened Pineland
Road right-of-way; that Mr. Schlossberg has verbally indicated that
intends to construct a single-family home; that State law requires the
approval of Council before the City or a developer can proceed with
grading on a previously platted but unopened right-of-way; and the City
would not be obligated to provide the improvements inasmuch as there is
no law requiring the City to do so.
It was further advised that the existing portion of Pineland Road is
approximately 950 feet in length; that extension of approximately 80
feet would be required to provide the access desired by Mr.
Schlossberg, as well as to provide an area for vehicles to turn around;
that Mr. Schlossberg has expressed no interest in extending Pineland
Road by its final 100 feet to the intersection with Circle Drive; and
Section 15.1-368, Code of Virginia (1950), as amended, provides that
whenever the Council of any city shall deem it desirable to grade any
street, it shall, by resolution or ordinance, direct the same to be
done, and if improvements be such as may cause damage to abutting pro-
perty owners, the resolution or ordinance shall designate and direct a
committee of Council or an officer of the City to proceed by personal
inspection of all of the premises likely to be affected by such grading
to ascertain what damages, if any, will accrue to the owners of the
several properties so likely to be affected.
The City Manager reconm~nded that Council authorize the grading of
Pineland Road, S. W., by the developer at 100 per cent cost to the
developer, with no City funds to be involved; and appoint a committee/
officer to inspect the Pineland Road area and determine what damages,
if any, will accrue to the owners of properties affected by the pro-
posed improvements.
(For full text, see report on file in the City Clerk's Office.)
268
Mr. Bowers offered the following emergency Ordinance:
(#30068-60490) AN ORDINANCE approving the opening and grading of
a portion of unopened right-of-way to provide for the extension of
Pineland Road, S. W., upon certain terms and conditions, and appointing
an officer of the City to ascertain whether such grading will damage
abutting properties; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 636.)
Mr. Bowers moved the adoption of Ordinance No. 30068-60490. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick 5.
NAYS: None ................
0
(Council Member Bowles and Mayor Taylor were absent.)
HUMAN RESOURCES: The City Manager submitted a written report
advising that in a communication to the Mayor and Members of
Council under date of November 6, 1989, Council Member David A. Bowers
brought to Council's attention a possible need for services to assist
divorcing or divorced spouses with children in dealing with conflicts
arising from child custody and visitation privileges; that Council
referred the matter to the City Manager on November 13, 1989, for
study, report and recommendation; and a study group comprised of mem-
bers of the Human Resources Steering Committee was established to
research available resources and to provide additional information on
the issue.
It was further advised that the study group found that there is a
need for services to assist divorcing/divorced spouses with conflicts
concerning child custody and visitation privileges; that human service
professionals indicated that the types of conflicts are common and may
continue without satisfactory resolution for years; and the study group
examined the scope of existing services and found that the following
programs are offered:
Family Services of the Roanoke Valley provides
counseling services for divorcing or divorced
Roanoke City residents on an ability to pay fee
scale. However, Family Services does not offer
conflict resolution services for divorcing/divorced
spouses.
Roanoke County Social Services offers mediating
services which provide divorcing spouses assistance
with child custody and visitation conflicts.
ACTION:
Roanoke City Department of Social Services
currently provides staff to work with the court
system to conduct court-ordered custody investiga-
tions, or "home studies", for cases involving
separation and divorce issues such as custody and
visitation. Almost 100 home studies were conducted
by Social Services in 1989. Within the next 12
months, the Social Services Department will train
two case workers in mediation, conciliation and
arbitration services. These services will be
integrated into the current service delivery system
for families.
A group of local citizens is establishing the
Conflict Resolution Center, Inc. Services are
scheduled to begin in October, 1990. The purposes
of this organization include the provision of
mediation, conciliation, and arbitration services
for citizens seeking expeditious and less costly
resolution of disputes, and, the development of
educational programs regarding the non-judicial
resolution of disputes and to promote their use in
the community.
The City Manager recommended that Council cooperate with the
Conflict Resolution Center in its attempt to establish child custody
and visitation mediation services and related educational programming;
and at the end of one year, investigate the effectiveness of the ser-
vice and determine if additional services need to be offered by the
Social Services Department.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council receive and file the report and
concur in the recommendation of the City Manager. The motion was
seconded by Mr. Trout and adopted.
REFUSE COLLECTION: The City Manager submitted a written report
advising that current solid waste regulations approved and enforced by
the State Department of Solid Waste Management requires that composting
of grass and wood products be subject to the same formal Part A and
Part B permit application and review process as other methods of solid
waste disposal, e.g. incinerators, landfills, resource recovery facili-
ties, etc.; and formal permit procedures which are being imposed on
composting will hamper recycling efforts and serve to increase the uti-
lization of landfills for the disposal of grass and wood refuse.
It was further advised that a communication received on May 1,
1990, to Mayor Taylor from the Chairman of the Board of Mecklenburg
County urges the City to support an effort to get the State Department
of Waste Management to change the Solid Waste Management regulations to
269
270
ACTION:
exempt the composting of grass and wood from the formal State per-
mitting process, which request was referred to the City Manager for
action; and informal discussions with persons dealing with Solid Waste
Management regulations support the fact that the Department of Solid
Waste Management is willing to give serious consideration to the
suggested change in the regulations.
The City Manager recommended that Council approve a resolution
similar to that received from Mecklenburg County urging the State
Department of Solid Waste Management to exempt grass and wood and
natural wood product debris from the formal permit procedures now
required by the Solid Waste Management regulations; and submit copy of
said report and resolution to the Executive Director of the State
Department of Solid Waste Management, the Virginia Municipal League
Environmental Quality and Leqislative Affairs Con~nittee and to the
Chairman of the Mecklenberg County Board of Suprevisors.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#30069-60490) A RESOLUTION urging that certain solid waste regu-
lations promulgated by the Commonwealth of Virginia be amended to
exempt composting of natural grass and wood products from the formal
permit application process.
(For full text of Resolution, see Resolution Book No. 51, page 637.)
Mr. Garland moved the adoption of Resolution No. 30069-60490. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick ............... 5.
NAYS: None ...........................
(Council Member Bowles and Mayor Taylor were absent.)
CITY CODE-HUMAN RESOURCES: The City Manager submitted a written
report advising that Section 63.1-26, Code of Virginia (1950), as
amended, gives responsibility to the State Board of Social Services
to make necessary rules and regulations governing the employment of
personnel in the local departments of Social Services in the State of
Virginia; that the State Board of Social Services recognizes that this
creates a certain cumbersome system at times and, therefore, has made
it possible for local governing bodies to gain permission to be
exempted from State hiring procedures if certain conditions are met by
the locality; and an amendment to the City Code is required in order to
obtain an exemption from the State.
271
l!
ACTION:
It was further advised that under present practice, an applicant
for a Social Services position must complete both a City application
and a State application for employment, whereby the State application
is then mailed to the State Personnel Office for screening before
selected, then returned to the local department for interviewing, which
process is cumbersome and delays the selection process for up to two
months; that a City Code amendment will allow the City to fill a
vacancy four to six weeks sooner than current practice, which will
result in better service to applicants for employment and will improve
delivery of services to citizens; and the Local Board of Social
Services has requested that the City Code be amended to provide that
employees of the Department of Social Services shall be included in the
classified service of the City, except as otherwise provided by the
Code of Virginia.
The City Manager recommended that Council adopt an Ordinance to
add new subsection (bl) to Section 2-66, Unclassified and Classified
Services Generally; Original Appointments; Probation, of the Code of
the City of Roanoke (1979), as amended, to provide that employees of
the Department of Social Services shall be included in the classified
service of the City, except as otherwise provided in the Code of
Virginia (1950), as amended.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#30070) AN ORDINANCE to amend and reordain §2-66, Unclassified
and classified services ~enerall~; original appointments; probation,
~'ode of the City of Roanoke (1979), as amended, by the addition of a
new subsection (bl), such new subsection providing that upon approval
of the State Department of Social Services, employees of the City's
Department of Social Services shall be governed by the provisions of
Chapter 2, Administration, Code of the City of Roanoke (1979), as
amended, except to the extent of any inconsistency between provisions
of such Chapter and provisions of the Code of Virginia (1950), as
amended.
(For full text of Ordinance, see Ordinance Book No. 51, page 644.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick 5.
NAYS: None ...... O.
(Council Member Bowles and Mayor Taylor were absent.)
272
ACTION:
BUDGET-YOUTH-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM:
The City Manager submitted a written report advising that the Fifth
District Employment and Training Consortium administers the Summer
Youth Program for economically disadvantaged youth in the Fifth
Planning District, which operates from May 15 through September 30 of
each year, in which 312 disadvantaged youth will be served, with 129
from the City of Roanoke; that Program activities include administra-
tion, eligibility, determination, work experience, career exploration
and special projects involving remedial education; that Veterans
Project funds have been awarded for the Consortium to continue serving
said targeted group for the period of February 1, 1990 - January 1,
1991; and 25 veterans will be served throughout the Fifth Planning
District, primarily in occupational skills training and on-the-job
training programs.
It was further advised that Notice of Award No. 90-03-05 has been
received, in the amount of $445,146.00, for the Summer Youth Program;
that $28,981.00 of last years' Summer Youth funding needs to be deobli-
gated and appropriated to the current years' program, as indicated by
Award No. 90-03-06; that the Consortium was awarded a Veterans Grant,
NOA No. 90-191-1, in the amount of $34,867.00; that Award No. 90-01-03
has been received, in the amount of $126,756.00, for Title II-A funds;
that $110,103.00 represents a carryover from Program Year 1988 (PY'88)
Grant and $16,653.00 in additional funding from a reallocation of state
funds; and Title II-A grant funding, in the amount of $60,944.00, pre-
viously appropriated as fiscal 1990 grant needs to be deappropriated
and transferred to the fiscal year 1991 grant year.
The City Manager reconmmnded that Council appropriate new
Consortium funding, in the amount of $496,666.00, to revenue and expen-
diture accounts, and transfer $200,028.00 of existing Consortium
funding between program years.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the'following emergency budget Ordinance:
(#30071-60490) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Consortium Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 637.)
Mr. Trout moved the adoption of Ordinance No. 30071-60490. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick -5.
NAYS: None ....... O.
(Council Member Bowles and Mayor Taylor were absent.)
273
im
m
ACTION:
BUDGET-PUBLIC WORKS: The City Manager submitted a written report
advising that Account No. 3005, Project Supplies, provides for
maintenance/service/inspection of 789 motorized vehicles and 400 other
items in the City's fleet; that estimated average monthly expenditures
for fiscal year 1989-90 was in the amount of $44,871.00; and the total
fiscal year 1989-90 budget appropriation for Account No. 3005, Project
Supplies, was in the amount of $538,456.00.
It was further advised that projected year end expenditure deficit
for Account No. 3005, Project Supplies, is estimated to be in the
amount of $59,000.00; that estimated average monthly expenditures have
been higher than originally estimated when the fiscal year 1989-90
budget was approved; and the projected deficit is attributed to the
increasing age of the fleet and more major items i.e., motors, trans-
missions, etc., that were repaired than were anticipated, with and the
City's average equipment age currently at 9.73 years old.
The City Manager recommended that Council transfer $59,000.00 from
Internal Service Contingency, Account No. 006-002-9410-2199, to Account
No. 006-052-2641-3005.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#30072-60490) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 640.)
Mr. Garland moved the adoption of Ordinance No. 30072-60490. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick .................. 5.
NAYS: None ......................
O®
(Council Member Bowles and Mayor Taylor were absent,)
CO~4UNICATIONS-EQUIPMENT: The City Manager submitted a written
report advising that the City of Roanoke executed a contract requiring
NCR Corporation to provide the City with a Public Safety Computer Aided
Dispatch (CAD) System, on March 17, 1987; that the Virginia Criminal
Information Network (VCIN) Form Tool Enhancement is a requirement of
the contract; that plans and specifications for the VCIN Form Tool are
reconmmnded to be deleted from the contract inasmuch as the enhancement
is no longer considered a necessary component of the system; and speci-
fic system enhancements have been offered by NCR Corporation in lieu of
the VCIN Form Tool Enhancement, as follows:
274
ACTION:
Security enhancement;
Rostering enhancement;
Report edits;
Case number reset enhancement;
Disposition one enhancement; and
KDT priority message enhancement.
The City Manager recommended that he be authorized to execute
Amendment No. 1 to the City's contract with NCR Corporation for a
Public Safety Computer Aided Dispatch System, subject to approval by
the City Attorney, at no additional cost.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#30073-60490) A RESOLUTION approving the City Manager's execu-
tion of Amendment No. I to the City's contract with NCR Corporation for
a public safety computer aided dispatch system.
(For full text of Resolution, see Resolution Book No. 51, page 640.)
Mr. Bowers moved the adoption of Resolution No. 30073-60490. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick ................... 5.
NAYS: None .............
(Council Member Bowles and Mayor Taylor were absent.)
BUDGET-PARKS AND PLAYGROUNDS-EQUIPMENT-RECREATION DEPARTMENT: The
City Manager submitted a written report concurring in a report of a bid
committee with regard to replacement of heating and cooling equipment
at Preston Park Recreation Center.
The bid comnittee recommended that Council accept the low bid sub-
mitted by Hubbard Service Department, in the amount of $10,500.00;
reject all other bids received by the City; and transfer $10,500.00
from Maintenance Fixed Asset Contingency, Account No. 001-002-9410-2001
to Building Maintenance, Account No. 001-052-4330-3056, to provide
sufficient funds for replacement of the heating and cooling unit.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#30074-60490) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 641.)
ACTION:
Mr. Musser moved the adoption of Ordinance No. 30074-60490. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick 5.
NAYS: None .......................
275
(Council Member Bowles and Mayor Taylor were absent.)
Mr. Musser offered the following Resolution:
(#30075-60490) A RESOLUTION accepting the bid of Hubbard Service
Department made to the City for furnishing and installing replacement
heating, ventilation and air conditioning equipment at the Preston Park
Recreation Center; upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; and rejecting all other bids made to
the City.
(For full text of Resolution, see Resolution Book No. 51, page 641.)
ACTION: Mr. Musser moved the adoption of Resolution No. 30075-60490. The
motion was seconded by Mr. Garland and adopted by the following vote:
(m
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick 5.
NAYS: None.
(Council Member Bowles and Mayor Taylor were absent.)
BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a writ-
ten report concurring in a report of a bid committee with regard to
chain link fencing at Mill Mountain Zoo.
The bid committee recommended that Council accept the bid sub-
mitted by Hartwell Fence Company, in the amount of $9,824.00; reject
all other bids received by the City; and authorize the transfer of
$9,824.00 from Maintenance Fixed Asset Contingency, Account No. 001-
002-9410-2201, to Building Maintenance, Account No. 001-052-4330-3056,
to provide sufficient funds for fence replacement.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#30076-60490) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
m
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 642.)
Mr. Garland moved the adoption of Ordinance No. 30076-60490. The
motion was seconded by Mr. Bowers and adopted by the following vote:
276
ACTION:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick ...... 5.
NAYS: None .................... O.
(Council Member Bowles and Mayor Taylor were absent.)
Mr. Garland offered the following emergency Ordinance:
(#30077-60490) AN ORDINANCE accepting the bid of Hartwell Fence
Company made to the City for replacement of the chain link fence at
Mill Mountain Zoo; rejecting all other bids made to the City; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 643.)
Mr. Garland moved the adoption of Ordinance No. 30077-60490. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick ................... 5.
NAYS: None .... O.
(Council Member Bowles and Mayor Taylor were absent.)
REPORTS OF COMMITTEES:
SIGNS AND BILLBOARDS-SPECIAL PERMITS-BRIDGES: Council Member
Howard E. Musser, Vice-Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the Committee with regard to not
entering into a new lease agreement with Lamar Corporation for sign-
board space, and require removal of signs adjacent to the First Street
Bridge, N. W.
A staff report advised that the lease of signboard space to the
Lamar Corporation was originally authorized pursuant to Ordinance No.
10647, adopted on July 10, 1950; that the lease was renegotiated and a
new five year lease was effective January 1, 1985, which was authorized
pursuant to Ordinance No. 27441, adopted on March 4, 1985; and income
from the new lease was $50.00 per annum.
It was further advised that the Lamar Corporation now conducts
business in the name of Lamar Advertising Company - Roanoke; that the
lease terminated on December 31, 1989; and extensive public improve-
merits are planned in the area around the sign location, including
improvements to First Street, N. W., and a new 2nd Street Bridge
overlooking the sign location.
The Water Resources Committee recommended that Council not enter
into a new lease with Lamar Corporation and require removal of the
signs adjacent to 1st Street Bridge, N. W.
(For full text, see reports on file in the City Clerk's Office.)
277
Ii,
ACTION:
ACTION:
Mr. Musser moved that Council concur in the recommendation of the
Water Resources Committee. The motion was seconded by Mr. Garland and
adopted.
SEWERS AND STORM DRAINS: Council Member Howard E. Musser, Vice-
Chairman of the Water Resources Committee, presented a written report
on behalf of the Committee with regard to a contract amendment with Bio
Gro Systems, Inc., for the second year's quantity of sludge disposal at
the Sewage Treatment Plant, in the amount of $77.62 per dry ton.
A staff report advised that the renewal contract for yearly
quantity sludge hauling with Bio Gro Systems, Inc., expires in May,
1990; that this is the second contract negotiated for one year with the
option to renew for a total of five years; that the first year contract
was signed on the basis of a minimum of 5,000 dry tons of sludge to be
hauled at $73.78 per dry ton; and the renewed contract price, based on
the consumer price index for all urban consumers, will be as follows:
Consumer Price Index January, 1989
Consumer Price Index January 1990
CPI increased 5.2 per cent
Cost per dry ton for sludge hauling
in 1990-91 shall be $73~78 + 5.2 per cent
increase : $77.62
121.1
127.4
It was further advised that the sludge volume for 1990-91 should
be established at a minimum of 6,000 dry tons to a maximum, subject to
funding and available volume, of 10,000 dry tons; that Council's
authorization is desired to execute a contract amendment with Bio Gro
Systems, Inc., to contract for the second year's quantity of sludge
removal, hauling and land application; and Bio Gro Systems, Inc.,
wishes to renew the contract for a second year.
The Water Resources Committee recon~ended that Council authorize a
contract amendment with Bio Gro Systems, Inc., for the second year's
quantity of sludge disposal at $77.62 per dry ton, subject to certain
terms and conditions.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#30078-60490) A RESOLUTION authorizing an amendment to the
City's contract with Bio Gro Systems, Inc., for the second year of
removal and disposal of sludge from the Water Pollution Control Plant,
and authorizing the proper City officials to execute the requisite
contract documents.
(For full text of Resolution, see Resolution Book No. 51, page 643.)
Mr. Musser moved the adoption of Resolution No. 30078-60490. The
motion was seconded by Mr. Trout and adopted by the following vote:
278
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick 5.
NAYS: None .......................................
(Council Member Bowles and Mayor Taylor were absent.)
SEWERS AND STORM DRAINS: Council Member Howard E. Musser, Vice-
Chairman of the Water Resources Committee, presented a written report
on behalf of the Committee with regard to sewage flow from Botetourt
County outside of the defined natural drainage area.
A staff report advised that the interjurisdictional sewage treat-
ment agreement under date of March 23, 1972, requires the City to
accept sewage flows up to a designated capacity allocation from a
defined area of Botetourt County; that the area is defined by Section
I(A) of the agreement as being all of the areas or territory of
Botetourt County within the natural drainage basin of the Roanoke River
and its tributaries and including the territory of the Town of
Troutville, in said County; and a request for certification of down-
stream capacity was received from a representative of Botetourt County
in August, 1989 to permit deliverance of 20,000 gallons per day from
property owned by the Tarmac Lone Star Cement Company.
It was further advised that the property owned by Tarmac Lone Star
Cement Company starts at the divide between the natural drainage area
of the Roanoke River and the James River; that the capacity was cer-
tified correctly as being available in a communication under date of
August 22, 1989, from Kit B, Kiser, Director of Utilities and
Operations; that an error was stated in the certification letter, as
follows: "It is your decision as to whether to use your capacity reser-
vation for flows originating outside the natural watershed,"; and the
pre-treatment program inquiry again brought said area for service to
mind on April 27, 1990.
It was explained that prior consent of the City, expressed in the
form of a resolution or resolutions of the governing body, is required
before Botetourt County can deliver sewage flow originating outside the
limits of the defined area to the City's Regional Sewage Treatment
Plant under the terms of the 1972 agreement; that the correct procedure
was explained by the City Manager to Mr. John Williamson, Botetourt
County Administrator, on May 3, 1990; that Mr. Williamson has responded
with a communication under date of May 10, 1990, requesting that the
City, by resolution, approve the 20,000 gallons per day flow from out-
side the natural drainage area; that the allocated capacities to
Botetourt County per the 1972 agreement are: treatment: 1.90 million
gallons per day and interceptor: 1.42 million gallons per day; that
the capacity being used or previously certified is 0.54 million gallons
per day; and capacity certification outside the natural drainage area
must be approved by Council by resolution.
279
ACTION:
ACTION:
The Water Resources Committee recommended that Council authorize
sewage flows up to 20,000 gallons per day from outside the natural
drainage area of the Roanoke River in the vicinity of property owned by
Tarmac Lone Star Cement Company and its successor, subject to the terms
of the 1972 agreement, providing the flows are accessible against the
capacities allocated to Botetourt County per the 1972 agreement.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#30079-60490) A RESOLUTION authorizing certain flows to the
Water Pollution Control Plant from outside the natural drainage area of
the Roanoke River, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 51, page 644.)
Mr. Musser moved the adoption of Resolution No. 30079-60490. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick 5.
NAYS: None .......... O.
(Council Member Bowles and Mayor Taylor were absent.)
AUDITS-BINGO AND RAFFLE OPERATIONS-LICENSES: Council, at its last
regular meeting on Tuesday, May 29, 1990, having deferred action on
that portion of Ordinance No. 30066-52990 with regard to audit fees in
connection with the application and processing fee for bingo operations
in the City of Roanoke, the matter was before the body.
The Director of Finance requested that action on the matter be
deferred until the next regular meeting of Council on Monday, June 11,
1990, at 7:30 p.m., whereupon, Mr. Trout moved that Council concur in
the request. The motion was seconded by Mr. Garland and adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SPECIAL PERMITS: Ordinance No. 30059-60490 granting to Virginia
Amateur Sports, Inc., a revocable permit to mount certain flags on
street lighting poles in the Central Business District of the City,
in connection with the promotion of the CorEast Virginia State Games
Festival to be held on July 5 - 8, 1990, having previously been before
the Council for its first reading on Tuesday, May 29, 199D, read and
adopted on its first reading and laid over, was again before the body,
Mr. Bowers offering the following for its second reading and final
adoption:
280
ACTION:
ACTION:
ACTION:
(#30059-60490) AN ORDINANCE granting to Virginia Amateur Sports,
Inc., a revocable permit to mount certain flags on street lighting
poles in the Central Business District of the City, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 634.)
Mr. Bowers moved the adoption of Ordinance No. 30059-60490. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick .................................................... 5.
NAYS: None ..............................
.0.
(Council Member Bowles and Mayor Taylor were absent.)
STREETS AND ALLEYS: Ordinance No. 30060-60490 providing for the
release of the City's interest in an abandoned private road off of
Colonial Avenue, S. W., upon certain terms and conditions, to Mr. and
Mrs. Troy E. Goad, as more specifically set forth in a report to
Council under date of May 29, 1990, having previously been before the
Council for its first reading on Tuesday, May 29, 1990, read and
adopted on its first reading and laid over, was again before the body,
Mr. Bowers offering the following for its second reading and final
adoption:
(#30060-60490) AN ORDINANCE providing for the release of the
City's interest in an abandoned private road off of Colonial Avenue,
S. W., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 635.)
Mr. Bowers moved the adoption of Ordinance No. 30060-60490. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick. 5.
NAYS: None ........... O.
(Council Member Bowles and Mayor Taylor were absent.)
ACTS OF ACKNOWLEDGEMENT: Mr. Bowers offered the following resolu-
tion memorializing the late Percy T. Keeling, Sr.:
(#30067-60490)
KEELING, SR.
A RESOLUTION memorializing the late PERCY T.
(For full text of Resolution, see Resolution Book No. 51, page 635.)
Mr. Bowers moved the adoption of Resolution No. 30067-60490. The
motion was seconded by Mr. Musser and adopted by the following vote:
281
ACTION:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick- 5.
NAYS: None ............... O.
(Council Member Bowles and Mayor Taylor were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
ROANOKE MEMORIAL HOSPITALS-CITY PROPERTY: The City Manager sub-
mitted a written report advising that the expansion of Roanoke Memorial
Hospitals by Carilion Health Systems has been publicized, and the
expansion involves exchange of properties between the City and
Carilion; that preliminary planning information has been presented to
the City, and, subsequently by the City Manager to the Water Resources
Committee; and authority to proceed with negotiations and preliminary
engineering reviews was granted by the Water Resources Committee to the
City Manager, with any proposed agreement to be brought back through
the Water Resources Committee to Council for approval.
It was further advised that a request to enter upon City-owned
property and street right-of-way for the purpose of performing test
borings has been received from Carillon Health Systems; that seven
locations for boring are located on or adjacent to City-owned property
leased to Carillon and three locations are in or adjacent to the right-
of-way of Weller Lane, S. E.; and a draft license and right of access
agreement has been provided by Carillon Health Systems.
The City Manager recommended that Council authorize appropriate
City officials to execute a license and right of access agreement to
permit sub-surface investigation on the site of the proposed expansion
of Roanoke Memorial Hospitals.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#30080) AN ORDINANCE authorizing a license and access agreement
with Carillon Health Systems for City-owned property adjacent to
Roanoke Memorial Hospital upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 645.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
282
ACTION:
ACTION:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick ..................... 5.
NAYS: None ........ O.
(Council Member Bowles and Mayor Taylor were absent.)
At 2:50 p.m., the Vice-Mayor declared the meeting in recess.
At 3:45 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Fitzpatrick presiding, and all Members of the Council in
attendance, with the exception of Council Member Bowles and Mayor
Taylor.
COUNCIL: Mr. Trout moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Vice-
Mayor Fitzpatrick ......... 5.
NAYS: None ....... O.
(Council Member Bowles and Mayor Taylor were absentJ)
CONSOLIDATION: Mr. Musser moved that Council hold a public
hearing on Monday, July 9, 1990, at 7:30 p.m., or as soon thereafter as
the matter may be heard, with regard to possible changes to the pro-
posed Consolidation Agreement for the Roanoke Metropolitan Government,
as follows:
1. School Board composition.
Enlargement of the territory to receive the
second vote.
Adjustment of language pertaining to the Urban
Service District.
4. Proposal under discussion regarding the
reassignment of teachers.
The motion was seconded by Mr. Bowers and adopted.
283
There being no further business, the Vice-Mayor declared the
meeting adjourned at 4:50 p.m.
City Clerk
APPROVED
V i ce-Mayor
284
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 11, 1990
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 11, 1990, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
bleetin~s, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
i1979), as amended.
PRESENT: Council Members Howard E. Musser, James O. Trout, David A.
Bowers, Beverly T. Fitzpatrick, Jr., Robert A. Garland and Mayor Noel C.
Taylor ....... _ ........................ 6.
ABSENT: Council Member Elizabeth T. Bowles
-1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Lorraine Alston,
Pastor, Deliverance Church Ministries.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 11, 1990, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Ms. Laura Brown, Ms.
Sharon C. Bohon, Ms. Irene B. Kemp, Ms. Georgia E. Asburry, Mr. John K.
Bohon, and Mr. W. D. Asburry that a tract of land located on Lynn
Avenue, S. W., designated as Official Tax Nos. 1271811 - 1271815,
inclusive, be rezoned from LM, Light Manufacturing District, to C-1,
Office District; and that Official Tax No. 1271816 be rezoned from C-2,
General Commercial District, to C-1, Office District, subject to cer-
tain conditions proffered by the petitioners, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 25,
1990, and Friday, June 1, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
ACTION:
A report of the City Planning Commission advising that the purpose
of the request for rezoning is to amend the zoning to reflect present
uses, to allow for expansion of existing structures and to provide a
buffer between existing light manufacturing and residential zoning was
before Council. '
The Planning Commission recommended that Council approve the
request for rezoning which will correct an existing non-conformity
and provide for less intensive uses than the current LM zoning, and
that City staff continue to study the zoning in the area and investi-
gate possible options for improving access through the existing alley.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#30081) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 657.)
The motion was seconded by Mr. Bowers.
Mr. W. H. Fralin, Attorney, appeared before Council in support of
the request of his clients.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 30081, was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ....... -6.
NAYS: None ....... O.
(Council Member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 11, 1990, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Southern Classic Soft
Cloth Auto Wash, Inc., that a 1.5 acre parcel of land located at the
northeast corner of Hollins Road and Orange Avenue, N. E., the north-
east portion of which is identified as Official Tax No. 3042120, and
the remaining portion bears no official tax number, be rezoned from tM,
Light Manufacturing District, to C-2, General Commercial District, sub-
ject to certain conditions proffered by the petitioner, the matter was
before the body.
285
286
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 25,
1990, and Friday, June 1, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning is to allow for the construction and opera-
tion of an automatic car washing facility, was before Council.
The Planning Commission recommended that Council approve the
request, advising that the property is marginally viable for industrial
development due to its configuration, and will allow for a compatible
and restricted use to be constructed on an otherwise limited lot.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#30082) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 304, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 657.)
The motion was seconded by Mr. Garland.
Mr. Daniel F. Layman, Jr., Attorney, appeared before Council in
support of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 30082 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor-- 6.
NAYS: None ..... O.
(Council Member Bowles was absent.)
HOUSING: Pursuant to motion adopted by Council on Monday, May 21,
1990, the City Clerk having advertised a public hearin9 for Monday,
June 11, 1990, at 7:30 p.m., or as soon thereafter as the matter may be
heard, on the request of the City of Roanoke Redevelopment and Housing
Authority to amend the text of the Downtown East Redevelopment Plan
(Amendment No. 3) for the Downtown East Project Area, in order to per-
mit certain commercial uses in a certain portion of the redevelopment
area, the matter was before the body.
287
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 25,
1990, and Friday, June 1, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that on
Wednesday, June 6, 1990, the Planning Commission was briefed on pro-
posed amendments to the Downtown East Redevelopment Plan; and during
the presentation, it was pointed out that proposed amendments to the
text of the Redevelopment Plan were intended to bring the building and
lot requirements and supplementary regulations into conformity with the
City's existing zoning regulations which became effective in May, 1987.
It was further advised that a staff report recommended approval of
the request, noting that the proposed amendments eliminate the duplica-
tion of standards that currently exist; and several amendments to the
Redevelopment Plan dealing with maximum permitted building height and
curb-cut requirements necessary to permit the construction of the pro-
posed Norfolk Southern Office Building would be addressed by the pro-
posed revisions.
The Planning Commission recommended that Council approve proposed
amendments to the Downtown East Redevelopment Plan R-42.
(For full text, see report on file in the City Clerk's Office.)
M~. Garland offered the following Resolution:
(#30083-61190) A RESOLUTION approving a certain amendment, being
Amendment No. 3, to the Downtown East Redevelopment Plan for Project
No. VA. R-42.
(For full text of Resolution, see Resolution Book No. 51, page 645.)
The motion was seconded by Mr. Bowers.
The Mayor inquired if there were persons present who would like to
address Council with regard to the matter; whereupon, Mr. H. Wesley
White, Land Planning/Subsidized Housing Director of the Roanoke
Redevelopment and Housing Authority, advised that the main emphasis for
amendment to the Plan pertains to the Norfolk and Western Office deve-
lopment in the Downtown East Project. He called upon Mr. Lloyd
Dillard, representing Norfolk Southern, who introduced members of the
design team, as well as Mr. William Reynolds, representing the firm of
Smallwood, Reynolds, Stewart, Stewart and Associates who presented an
overview of the project.
Mr. Bowers advised that the City of Roanoke Redevelopment and
Housing Authority approved the project at its meeting on Monday,
June 11, 1990.
288
ACTION:
The City Manager advised that he had not taken for granted the
work of the Housing Authority on this or any other City project, and
publicly expressed appreciation to the Roanoke Redevelopment and
Housing Authority for the work it performs,
Resolution No. 30083-61190 was adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........ 6.
NAYS: None ........... O.
(Council Member Bowles was absent.)
ELECTIONS: Pursuant to motion adopted by Council on Monday,
May 14, 1990, the City Clerk having advertised a public hearing for
Monday, June 11, 1990, at 7:30 p.m., or as soon thereafter as the
matter may be heard, on the proposed temporary relocation of the
polling place for South Roanoke Precinct No. 2 from Crystal Spring
Elementary School to property of the Roanoke Council of Garden Clubs,
Inc., 2713 Avenham Avenue, S. W., the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 25,
1990, and Friday, June 1, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#30084-61190) AN ORDINANCE temporarily changing the polling
place for South Roanoke Precinct No. 2 from Crystal Spring Elementary
School to the Roanoke Council of Garden Clubs, Inc.; providing for an
emergency and an expiration date for this ordinance.
(For full text of Ordinance, see Ordinance Book No. 51, page 646.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30084-61190.
The motion was seconded by Mr. Garland.
The Mayor inquired if there were persons in attendance who would
like to address Council with regard to the change in polling place.
There being none, Ordinance No. 30084-61190 was adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ....... 6.
NAYS: None ........... O.
(Council Member Bowles was absent.)
289
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, February 5, 1990, and Monday, February 12, 1990; the special
meeting held on Tuesday, February 20, 1990; the regular meeting held on
Tuesday, February 20, 1990; and the regular meeting held on Monday,
February 26, 1990, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .... 6.
NAYS: None-- O.
(Council Member Bowles was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor-- . .......6.
NAYS: None---
Ge
(Council Member Bowles was absent.)
290
ACTION:
ACTION:
YOUTH: A communication from Mr. Finn D. Pincus tendering his
resignation as a member of the Youth Services Citizen Board, effective
immediately, inasmuch as he was recently appointed as a Trustee of the
Roanoke City School Board, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret, and
that the communication be received and filed. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .......................................... 6.
NAYS: None ........ O.
(Council Member Bowles was absent.)
COUNCIL: A report of qualification of Messrs. Howard E. Musser,
James G. Harvey, II, and William White, Sr., as members of the Council
of the City of Roanoke, for terms of four years, each, commencing
July 1, 1990. and ending June 30, 1994, was before the body.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ............ 6.
NAYS: None ...............................
(Council Member Bowles was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
NONE.
291
CIlY CODE-PROCUREMENT CODE-GENERAL SERVICES: The City Manager
submitted a written report advising that effective July 1, 1989, the
General Assembly authorized local governments to establish purchase
procedures not requiring competitive sealed bids or competitive nego-
tiation for single or term contracts not expected to exceed $15,000.00,
which increased the threshold for competitive procurement from
$10,000.00 to $15,000.00; and in November 1989, Council adopted the
1990 Legislative Program which, in part, requested the General Assembly
to amend the City Charter to increase the City's threshold for public
advertisement of bids and proposals from $10,000.00 to $15,000.00 in
order to be consistent with State Procurement Policy.
It was further advised that in March, 1990, the City was informed
that the requested Charter amendment was approved by the General
Assembly and signed by the Governor; and adoption of an ordinance is
necessary to amend the City Code to implement the changes authorized by
the General Assembly.
The City Manager recommended that Council adopt the following City
Code amendments:
Amend Ci~v Code Sections 23.1-4, 23.1-4.1, 23.1-6
and 23.1-10 to provide for the increase in the
threshold for competitive procurement from
$10,000.00 to $15,000.00.
Amend City Code Section 23.1-10(b) to provide, in
lieu of opening bids at a public meeting of
Council, that bids for materials, equipment,
supplies and services shall be publicly opened by a
committee appointed by the City Manager which will
study, tabulate and report to Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
{#30085-61190) AN ORDINANCE to amend and reordain subsections (a)
and (b) of §23.1-4, Requirement of bidding; power to reject bids, sub-
section (a) of §23.1-4.1, Requirement of competitive negotiation, and
subsection (g) of §23.1-6' Exceptions to requirement of comp6titive
procurement, Code of the City of Roanoke (1979), as amended, the
amended"subsections increasing the threshold for required competitive
sealed bidding and competitive negotiation from $10,000.00 to
$15,000.00; to amend and reordain subsection (b) of §23.1-10, Bid
openings; bid acceptance and evaluation, to provide that bids
construction anticipated to 'exceed $15,000.00 shall be opened before
City Council; to add a new subsection (bl) to §23.1-10, Bid openings;
bid acceptance and evaluation, establishing a procedure for the opening
Of bids and proposals for goods, professional services and services;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 647.)
292
ACTION:
ACTION:
Mr. Musser moved the adoption of Ordinance No. 30085-61190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor- 6.
NAYS: None---
Oo
(Council Member Bowles was absent.)
BUDGET-FIRE DEPARTMENT: The City Manager submitted a written
report advising that Council concurred in an October 3, 1989, report to
designate $325,000.00 from the 1989-90 Capital Maintenance and Equip-
ment Replacement Program (CMERP) to the Fire Station 460 East construc-
tion project; that Council allocated funds for purchase of fire
apparatus for the new fire station in the General Fund Equipment
Replacement Contingency account; and funds are needed to continue land
acquisition and construction planning activities for the project.
The City Manager recommended that Council authorize appropriation
of $325,000.00 from the 1989-90 Capital Maintenance and Equipment
Replacement Program, and transfer $91,922.00 from the General Fund
Equipment Replacement Contingency Account to the Capital Projects Fund
to an account to be designated by the Director of Finance to be
entitled, Fire Station 460 East.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30086-61190) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Capital Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 649.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 300B6-61190.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .... 6.
NAYS: None ......... O.
(Council Member Bowles was absent.)
BUDGET-GRANTS-YOUTH: The City Manager submitted a written report
advising that pursuant to Resolution No. 29688, adopted on July 24,
1989, Council authorized acceptance of a Delinquency Prevention and
Youth Development Act Grant, for the purpose of continuing coordinated
293
m
ACTION:
ACTION:
planning and youth services program implementation; and pursuant to
Ordinance No. 29687, adopted on July 24, 1989, Council appropriated
$48,584.00 to the Youth Services Grant and transferred $10,000.00 as
the required match from Community Planning to the Youth Services Grant,
in connection with Grant No. 89-[-15.
It was further advised that the City Manager was notified on
June 5, 1990, that Grant No. 89-I-15 was approved for an additional
$736.38 in funds for fiscal year 1989-90; and additional funding must
be disbursed to localities no later than June 20, 1990, and either
spent or obligated no later than June 30, 1990.
The City Manager recommended that Council accept additional
funding from the Department of Corrections, in the amount of $736.38;
and appropriate $500.00 to Management Services, Account No. 035-052-
B827-7015, and $236.38 to Administrative Supplies, Account No. 035-052-
8827-2030, and increase the revenue estimate in the grant fund by the
same amount.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#30087-61190) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 649.)
Mr. Bowers moved the adoption of Ordinance No. 30087-61190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........ 6.
NAYS: None ...............
.0.
(Council Member Bowles was absent.)
Mr. Fitzpatrick offered the following Resolution:
(#30088-61190) A RESOLUTION authorizing the acceptance of an
additional Delinquency Prevention and Youth Development Act Grant made
to the City of Roanoke by the Commonwealth of Virginia Department of
Corrections and authorizing the acceptance, execution and filing of
"Amended Special Conditions" with the Department of Corrections for
this grant.
(For full text of Resolution, see Resolution Book No. 51, page 650.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30088-61190.
The motion was seconded by Mr. Garland and adopted by the following
vote:
294
ACTION:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........... 6.
NAYS: None ........
(Council Member Bowles was absent.)
EMERGENCY SERVICES: The City Manager submitted a written report
advising that on July 10, 1989, Council approved a third party billing
system to offset the cost of providing improved Emergency Medical
Services; that the system billed insurance companies only when patients
required ambulance transportation to a medical facility; and the
billing rates established by Council on July 10, 1989, are as follows:
Basic Life Support (BLS)
Advanced Life Support (ALS)
Response and Evaluation
$100.00
130.00
70.00
The response and evaluation fee is assessed only in
cases of habitual misuse of the system.
It was further advised that on May 7, 1990, Council adopted the
Fiscal Year lg90-91 Supplemental Budget for Emergency Medical Services
(EMS) which recommended a user fee in the form of a first party billing
system to offset the cost of providing improved emergency medical ser-
vice; that claims will continue to be filed with the patient's
insurance, however, the patient will be responsible for the balance of
the bill not covered by their insurance; and the fiscal year 1989-g0
fee structure will remain the same under the proposed first party
billing system.
The City Manager recommended that he be authorized to initiate a
first party billing system for Emergency Medical Services, effective
July 1, 1990.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the recommendation. The
motion was seconded by Mr. Fitzpatrick and adopted,
EMERGENCY MEDICAL SERVICES: The City Manager submitted a written
report concurring in a report of a bid committee with regard to a
Billing and Collection Service for Emergency Medical Services.
The bid committee advised that Council approved $50,000.00 in the
fiscal year 1990-91 budget for a Billing and Collection Service for
Emergency Medical Services; that advertisement of a public notice to
provide for billing and collection service was placed in The Roanoke
Times and World News on April 22, 1990; that a request for proposals
was mailed specifically to four firms currently listed on the City's
bid list, with one professional medical services billing firm
responding.
295
It was further advised that the current billing and collection
contract with Carillon Transportation Services, Inc., will expire on
June 30, 1990; that the proposal received from Health East, Inc., an
affiliate of Carillon Health Systems, was evaluated pursuant to cri-
teria in the request for proposals by representatives from Administra-
tion and Public Safety, Emergency Services and General Services; that
an interview was held with Health East, Inc. representatives and the
proposal was determined to be acceptable; and a flat rate of $5,750.00
per month, plus 6.5 per cent of net collections was negotiated.
The bid committee recommended that Council award a contract to
Health East, Inc., to provide a billing and collection service for
Emergency Medical Services for a period of one year from July 1, 1990,
through June 30, 1991, with an option to renew for two additional
years, in a form subject to approval by the City Attorney, for a flat
monthly rate of $5,750.00, plus 6.5 per cent of collections; approve a
revenue estimate increase of $22,500.00 for Emergency Medical Services,
Account No. 001-020-1234-0854, transfer $22,500.00 from Contingency
Account No. 001-002-9410-2199, and appropriate $45,000.00 to Emergency
Medical Services Fees for Professional Services, Account No. 001-050-
3521-2010.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30089-61190) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 651.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 30089-61190.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ..................................................... 6.
NAYS: None ................... O.
(Council Member Bowles was absent.)
Mr. Fitzpatrick offered the following Resolution:
(#30090-61190) A RESOLUTION authorizing the City Manager to
enter into a contract between the City and Health East, Inc., for pro-
vision of emergency medical services billing and collection services.
(For full text of Resolution, see Resolution Book No. 51, page 651.)
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No. 30090-61190.
The motion was seconded by Mr. Musser and adopted by the following
vote:
296
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .............................. 6.
NAYS: None ................ O.
(Council Member Bowles was absent.)
BUDGET-HUMAN RESOURCES-TOTAL ACTION AGAINST POVERTY-GRANTS: The
City Manager submitted a written report advising that the U. S. Depart-
ment of Agriculture has solicited applications from municipalities to
participate in the 1990 ¥irginia Summer Food Service Program; that the
purpose of the program is to provide nutritionally balanced, healthy
meals to children, ages 1 through 18, from low-income families (less
than 185 per cent of poverty) during the summer months of 1990; and
cost reimbursements are made to program sponsors (City of Roanoke), by
the U. S. Department of Agriculture, at a rate of approximately $2.01
per meal consumed for lunch by a participating eligible youth, and
$1.12 per breakfast.
It was further advised that the Virginia Summer Food Service Pro-
gram is similar in concept to the National School Lunch Program and the
participants' eligibility is comparable to that used to determine
eligiblity for free, or reduced price meals during the school year;
that Roanoke operated the program last year serving approximately 500
eligible youth daily at nine feeding locations in the City; that over
24,000 meals were consumed during the entire summer; and the Roanoke
City Schools sponsored a similar program in 1985 and has, again,
elected not to sponsor such a program this year due to the broad
responsibilities of sponsorship and their present capabilities.
It was explained that the need for the program and potential
operational plans were originally explored and developed by a task
force of the City Manager's Human Resources Steering Committee; that
agencies represented included the Department of Social Services, the
Fifth District Employment and Training Consortium, with the assistance
of Parks and Recreation, the Roanoke Redevelopment and Housing Autho-
rity, and Total Action Against Poverty; that problems regarding lack of
-enough food were projected for 55 families in the northwest neigh-
borhoods of the City; that problems regarding nutrition/attention for
children were projected for 1,333 families throu§hout Roanoke, with 166
families in northwest and 154 families in the southeast areas of the
City, which are concentrated neighborhoods and projections are based
upon the United Way Needs Assessment Survey; and the U. S. Department
of Agriculture is supportive of efforts by the City to expand the
program and has expressed its interest in providing whatever supportive
assistance necessary to accomplish the objectives of the program.
It was further explained that a grant application for the Virginia
Summer Food Service Program has been prepared by the Fifth District
Employment and Training Consortium, on behalf of the City of Roanoke,
for consideration by the U. S. Department of Agriculture for funding
this summer, for the period of June 18 through August 24, 1990; that
865 daily lunch meals, as well as 340 breakfast meals, are proposed for
297
youths participating at six housing project sites; viz: Jamestown,
Indian Village, Hurt Park, Lincoln Terrace, Hunt Manor, and Bluestone
Park; and the YMCA Family Life Center, the TAP Academic Summer
Program, the Fitness Pilot Program (Fallon Park School), -the
Rutherfoord Child Development Center, Lincoln Terrace Head Start
Center, Hurt Park Head Start Center, and Forest Park Baptist Church are
additional sites, and it is estimated that over 40,000 meals will be
served through the expanded project.
It was advised that the proposed expansion from nine to 13 feeding
locations reflects both the success of last year's program and the
broad need existing for such a program for needy youth in the City;
that the Department of Human Resources is proposed to administer the
project through interagency agreements with the Fifth District
Employment and Training Consortium (FDETC), Roanoke Redevelopment and
Housing Authority (RRHA) and Total Action Against Poverty (TAP), with
an informal written agreement with the Department of Social Services
and a contract with a meal vendor to prepare and deliver the meals,
daily, to the project sites; and there are approximately 1,000 meals
proposed to be provided on each of the 49 meal service days, between
June 18 and August 24, lggO, Monday through Friday, excluding the
fourth of July.
It was further advised that all costs are reimbursable by the
U. S. Department of Agriculture, based upon the number of meals con-
sumed by eligible youth participants; that a grant application has been
submitted to the U. S. Department of Agriculture; that a grant award is
expected no later than June 15, 1990; that a vendor must be selected to
prepare and deliver the meals to the 13 project sites; that an invita-
tion for bid process has been developed and implemented, following the
City's procurement guidelines; that one bid was received and, upon
review by appropriate City staff, it has been determined that Total
Action Against Poverty has proposed a responsive program for meal pre-
paration and delivery, with cost projections in the total amount of
$73,243.64.
The City Manager recommended that Council endorse the application
as submitted; accept the subsequent grant award from the U. S.
Department of Agriculture, in the amount of $73,243.64; authorize the
Department of Human Resources to negotiate and execute appropriate
interagency agreements to facilitate the success of the project; accept
the responsive bid from Total Action Against Poverty to prepare and
deliver meals at an average rate of $1.65 per lunch meal served and
$.95 per breakfast meal served; authorize the negotiation of a vendor
contract between the City and Total Action Against Poverty; and
appropriate $73,243.64, with a corresponding revenue estimate, to an
account to be established in the Grant Fund by the Director of Finance
for the Virginia Sum~er Food Service Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
mm
298
ACTION:
ACTION:
(#30091-61190) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 652.)
Mr. Musser moved the adoption of Ordinance No. 30091-61190. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........ 6.
NAYS: None .........................
(Council Member Bowles was absent.)
Mr. Musser offered the following emergency Ordinance:
(#30092-61190) AN ORDINANCE authorizing the execution of a grant
application made on behalf of the City of Roanoke for the United States
Department of Agriculture 1990 Summer Food Service Program, and the
acceptance of the subsequent grant award; authorizing the acceptance of
the bid of Total Action Against Poverty in the Roanoke Valley, Inc.,
and award of the requisite contract to prepare and deliver the Summer
Food Service Program daily meals to designated sites in the City of
Roanoke; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 652.)
Mr. Musser moved the adoption of Ordinance No. 30092-61190. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........................... 6.
NAYS: None .......... O.
(Council Member Bowles was absent.)
DIRECTOR OF FINANCE:
BUDGET-GRANTS-PLANNING: The Director of Finance submitted a writ-
ten report advising that the Community Development Block Grant Program
is accounted for on the City's financial records by program year, and
four program years are currently appropriated; that the report recom-
mends the two earliest Community Development Block Grant years, Nos.
B-86-MC-51-O020 and B-87-MC-51-O020 be closed by reprogramming unspent
funds in said program years to the next subsequent program year No.
B-88-MC-51-O020; that funds being reprogrammed will be used for the
same activities for which they are currently appropriated; that repro-
ramming of said funds allows the City to maintain a minimum number of
program years on its records at any given time; that HUD allows locali-
ties to determine the number of CDBG program years to retain on a loca-
lity's records; and the amount of unspent funds being reprogrammed is
as follows:
299
B-86-MC-51-O020 (FY86-87)
B-87-MC-51-O020 (FY87-88)
$344,382.00
381,049.00
$725,431.00
ACTION:
The Director of Finance recommended that Council close Community
Development Block Grant years B-86-MC-51-O020 and B-87-MC-51-O020; and
transfer unspent funds, in the amount of $725,431.00, to Community
Development Block Grant year B-88-MC-51-O020.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#30093-61190) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 653.)
Mr. Bowers moved the adoption of Ordinance No. 30093-61190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .............................. 6.
NAYS: None ...........................................
(Council Member Bowles was absent.)
REPORTS OF COMMITTEES:
BUDGET-CITY PROPERTY: Council Member Robert A. Garland, Chairman
of a bid con~nittee appointed by the Mayor to tabulate bids received
for asbestos abatement at 118 through 123 Campbell Avenue, S. W., and
the Knights of Pythias Building, presented a written report on behalf
of the committee, reco~nending that Council authorize the City Manager
to enter into a contract with Strahle Construction Company, Inc., in
the mnount of $55,005.00 and 25 working days for asbestos abatement in
118, 120, 122 and 124 Campbell Avenue, S. W., in accordance with
contract documents as prepared by the Engineering Department; authorize
the City Manager to enter into a contract with Professional Service
Industries, Inc., in the amount of $9,950.00 to inspect, test and cer-
tify asbestos abatement according to State and Federal regulations; and
authorize the Director of Finance to encumber the following funds in
Project Capital Account No. 008-002-9620-9060, and reject all other
bids received by the City:
300
ACTION:
ACTION:
Strahle Construction Company, Inc.
Professional Service Industries, Inc.
Project Contingency
$55,005.00
9,550.00
5,000.00
TOTAL $69,555.00
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#30094-61190) AN ORDINANCE accepting the bid of Strahle
Construction Company, Inc., for proper removal and disposal of the
asbestos containing material identified within the buildings at 118,
120, 122 and 124 Campbell Avenue, S. W., upon certain terms and con-
ditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 654.)
Mr. Garland moved the adoption of Ordinance No. 30094-61190. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ................. 6.
NAYS: None ..............
Om
(Council Member Bowles was absent.)
Mr. Garland offered the following Resolution:
(#30095-61190) A RESOLUTION authorizing the execution of a
contract with Professional Service Industries, Inc., to provide certain
professional services, specifically procurement and analysis of daily
air samples and inspection and certification for occupancy of buildings
at 118, 120, 122 and 124 Campbell Avenue, S. W., following the removal
and disposal of asbestos containing materials from the buildings by
Strahle Construction Company, Inc.
(For full text of Resolution, see Resolution Book No. 51, page 655.)
Mr. Garland moved the adoption of Resolution No. 30095-61190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .......... -6.
NAYS: None ........... --0.
(Council Member Bowles was absent.)
301
ACTION:
LICENSES-BINGO AND RAFFLE OPERATIONS: The Director of Finance,
the City Attorney and the Commonwealth's Attorney submitted a joint
written report advising that on Tuesday, May 29, 1990, Council adopted
a measure providing for the regulation of bingo and raffle games in the
City; that at the meeting it was requested that proposed Section 21-72
relating to the audit of reports and fees be removed so that further
study could be completed; that the Code of Virginia allows for the
local governing body to establish a reasonable audit fee of up to two
per cent of the total gross receipts; that with start-up costs asso-
ciated with developing new forms, procedures, rules and regulations,
and explanatory information, it is expected that over $50,000.00 will
be spent the first year; and City officials have conferred with other
localities and discovered that the reason the General Assembly raised
the fee in the 1990 Session was because the one per cent fee did not
cover actual costs, and the localities found that the General Fund had
to subsidize said special regulatory section.
It was further advised that several organizations have stated that
they are of the opinion that the two per cent fee is too high, however,
fully understanding that there is no intention to subsidize the acti-
vity from the General Fund; that the two per cent fee is being recom-
mended to be implemented effective immediately; that at the end of one
full year of operation, the City will review the fee and recommend a
reduction in said fee if it is found that excess fees have been collec-
ted; that also in reviewing said section, the City evaluated the appli-
cation and processing fee set forth in Section 21-67; that it is felt
that the fee should be revised and split into two specific parts with
bingo application and processing fees remaining at $200.00 and raffle
application and processing fees being $25.00 because it was found that
raffle application reviews and processing will take less time and thus
the cost should be less.
The Director of Finance, the City Attorney and the Commownwealth's
Attorney recommended that Council adopt an ordinance amending Section
21-67, Annual permit required; application and processing fee; form of
application, to reduce the application and processing fee for raffle
permits.
(For full text, see report on file iii the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#30096-61190) AN ORDINANCE to amend and reordain §21-67, Annual
permit required; application and processing fee; form of applicat~,
of the Code '6f" ~he City of Roanoke (1979): as amended, to" reduce the
application and processing fee for raffle permits; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 656.)
Mr. Bowers moved the adoption of Ordinance No. 30096-61190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
302
ACTION:
ACTION:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........... -6.
NAYS: None .........
(Council Member Bowles was absent.)
The Director of Finance requested that action on a measure with
regard to an audit fee of bingo and raffle reports be deferred until
the next regular meeting of Council on Monday, June 18, 1990, at
2:00 p.m.; whereupon, Mr. Trout moved that Council concur in the
request. The motion was seconded by Mr. Fitzpatrick and adopted.
A communication from Mr. Donald J. Flick, Bingo Chairman, Knights
of Columbus, supporting efforts to eliminate abuses to the bingo laws;
however, he indicated that the two percent tax on gross receipts will
be a fatal blow to many of the legitimate operations such as the
Knights of Columbus, was before Council.
Mr. Flick requested that Council consider a sliding scale such as
.75 percent or one percent for operators with gross receipts up to
$250,000.00 and two percent for those over $250,000.00.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Musser and adopted.
BUDGET-BINGO AND RAFFLE OPERATIONS-LICENSES-CITY EMPLOYEES-DIREC-
TOR OF FINANCE: The Director of Finance submitted a written report
advising that ordinances passed by Council have transferred the
authority of reasonable investigation of applications for bingo and
raffle permits, the issuance of rules and regulations of bingo games
and raffles, and the auditing of proceeds for such activities, plus
other related activities, to the Director of Finance; and in order to
carry out this important function, it is recommended that a position be
created in the Office of the Director of Finance equal to that of an
Accountant or a Tax Compliance Administrator, currently pay scale Ii;
and in order to provide for salary, benefits, and operating expenses,
it is recommended that the sum of $50,000.00 be appropriated.
The Director of Finance recommended that Council concur in the
establishment of one new position and appropriation of necessary funds
to carry out the required duties, advising that there will be no cost
to the General Fund inasmuch as said funds are dedicated revenues
coming from application and processing fees as well as the auditing fee
which is currently set forth in existing ordinances.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
303
ACTION:
ACTION:
(#30097-61190) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 656.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30097-61190.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ....... 6.
NAYS: None .......
Om
(Council Member Bowles was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CITY CODE-HUMAN RESOURCES: Ordinance No. 30070-61190 amending and
reordainin9 §2-66, Unclassified and classified services generally;
original appointment~; probation, Code of the City of Roanoke (1979),
as amended, by the addition of a new subsection (bl), such new subsec-
tion providing that upon approval of the State Department of Social
Services, employees of the City's Department of Social Services shall
be governed by the provisions of Chapter 2, Administration, Code of the
City of Roanoke (1979), as amended, except to the extent of any incon-
sistency between provisions of such Chapter and provisions of the Code
of Virginia (1950), as amended, having previously been before the
Council for its first reading on Monday, June 4, 1990, read and adopted
on its first reading and laid over, was again before the body, Mr.
Fitzpatrick offering the followin9 for its second reading and final
adoption:
(#30070-61190) AN ORDINANCE to amend and reordain §2-66, Unclas-
sified and classified services ~enerally; original appointments.'~_~9_b~-
tion, Code of the City of Roanoke (1979), as amended, by the add~t~n
Ta new subsection (bl), such new subsection providing that upon
approval of the State Department of Social Services, employees of the
City's Department of Social Services shall be governed by the provi-
sions of Chapter 2, Administration, Code of the City of Roanoke (1979),
as amended, except to the extent of any inconsistency between provi-
sions of such Chapter and provisions of the Code of Virginia (1950), as
amended.
(For full text of Ordinance, see Ordinance Book No. 51, page 644.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30070-61190.
The motion was seconded by Mr. Garland and adopted by the following
vote:
3O4
ACTION:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .......... 6.
NAYS: None ..................
(Council Member Bowles was absent.)
HEALTH DEPARTMENT-CITY PROPERTY: Ordinance No. 30080-61190
authorizing a license and access agreement with Carillon Health Systems
for City-owned property adjacent to Roanoke Memorial Hospital, upon
certain terms and conditions, for the purpose of performing subsurface
investigations and test borings on property on or adjacent to City-
owned property leased to Carilion Health Systems and on or adjacent to
the right-of-way of Weller Lane, S. E., having previously been before
the Council for its first reading on Monday, June 4, 1990, read and
adopted on its first reading and laid over, was again before the body,
blr. Musser offering the following for its second reading and final
adoption:
(#30080-61190) AN ORDINANCE authorizing a license and access
agreement with Carilion Health Systems for City-owned property adjacent
to Roanoke Memorial Hospital upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 645.)
Mr. Musser moved the adoption of Ordinance No. 30080-61190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........ 6.
NAYS: None ..........................
(Council Member Bowles was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COb~ENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
PORNOGRAPHY/ADULT BOOK STORES: Mr. Musser inquired if adult book
stores are legal in the City of Roanoke; whereupon, the City Attorney
advised that no obscene literature may be sold in the City. He called
attention to a well defined definition established by the Supreme Court
of the United States and carried over into the City Code whereby no
person can lawfully possess, manufacture, produce, or sell obscene
materials whether they be books or motion pictures or videos.
OTHER HEARINGS OF CITIZENS: NONE.
At 8:35 p.m., the Mayor declared the meeting in recess.
305
m
m
ACTION:
ACTION:
ACTION:
At 9:25 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all Members of the Council in attendance,
with the exception of Council Member Bowles.
COUNCIL: Mr. Trout moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ....... 6.
NAYS: None ...... O.
(Council Member Bowles was absent.)
YOUTH (YOUTH SERVICES CITIZEN BOARD): The Mayor advised that the
three year terms of Ms. Anita J. Hammerstrom and Mr, Thomas H. Miller
as members of the Youth Services Citizen Board expired on May 31, 1990,
and called for nominations to fill the vacancies.
Mr. Bowers placed in nomination the names of Ms. Anita J.
Hammerstrom and Mr. Thomas H. Miller.
There being no further nominations, Ms. Hammerstrom and Mr. Miller
were reelected as members of the Youth Services Citizen Board for terms
of three years, each, ending May 31, 1993, by the following vote:
FOR MS. HAMMERSTROM AND MR. MILLER: Council Members Musser,
Trout, Bowers, Fitzpatrick, Garland and Mayor Taylor ................. 6.
(Council Member Bowles was absent.)
ROANOKE ARTS COMMISSION: The Mayor advised that there is a
vacancy on the Roanoke Arts Con~nission, created by the resignation of
Mr. Peter Rippe, for a term ending June 30, 1993, and called for nomi-
nations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Dr. Ruth S.
Appel hof.
There being no further nominations, Dr. Appelhof was elected as a
member of the Roanoke Arts Con~nission for a term of three years, ending
June 30, 1993, by the following vote:
FOR DR. APPELHOF: Council Members Musser, Trout, Bowers,
Fitzpatrick, Garland and Mayor Taylor .......... 6.
(Council Member Bowles was absent.)
306
ACTION:
Mr. Fitzpatrick moved that the City residency requirement be
waived in connection with Dr. Appelhof's appointment. The motion was
seconded by Mr. Bowers and adopted.
There being no further business, the Mayor declared the meeting
adjourned at 9:30 p.m.
APPROVED
ATTEST:
City Clerk
307
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
June 18, 1990
2:00 p.m.
m
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 18, 1990, at 2:00 p.m., the regular
meeting hour, with Vice-Mayor Beverly T. Fitzpatrick, Jr., presiding, pursuant
to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the
City of Roanoke (1979), as amended.
PRESENT:
Bowles, Robert
Fitzpatrick, Jr.
Council Members James O. Trout, David A. Bowers, Elizabeth T.
A. Garland, Howard E. Musser and Vice-Mayor Beverly T.
'6,
ABSENT: Mayor Noel C. Taylor ....
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Frank W. Feather,
Pastor, Forest Park Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Fitzpatrick.
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for Hemlock Hills Storm Drain Improvements from Guernsey Lane to
West Side Boulevard, N. W., said bids to be received by the City Clerk
until 1:30 p.m., on Monday, June 18, 1990, and to be held, opened and
read before the Council at 2:00 p.m., on that date, or as soon there-
after as the matter may be heard, the Vice-Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Vice-Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the City Clerk
opened and read the following bids:
BIDDER
BASE BID TOTAL
E. C. Pace Company, Inc.
Dixon Contracting, Inc.*
Aaron J. Conner, General Contractor,
Inc.
$109,075.00
119,970.00
155,829.75
*See Alteration to bid
308
ACTION:
ACTION:
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
to Council. The motion was seconded by Mr. Trout and adopted.
The Vice-Mayor appointed Robert A. Garland, Chairman, William F.
Clark and Kit B. Kiser as members of the committee.
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately.
SEWERS AND STORM DRAINS: A report of the City Manager with regard
to pipe failure at the rear of property located at 218 Houston Avenue,
N. E., to Carvins Creek, was before Council.
The City Manager advised that the property owner at 218 Houston
Avenue, N. E., informed the Engineering Department of a large hole and
washout at the rear of his property; that investigation revealed that a
20 foot deep storm drain manhole had collapsed, except for one side
which was holding back the bank; and a 30 inch corrugated pipe that
outflowed from the manhole down a 40 to 45 per cent grade for a
distance of 300 linear feet to Carvins Creek had been completely unco-
vered, exposed and separated.
It was further advised that Aaron J. Conner, General Contractor,
Inc., had two crews in the area working on the Williamson Road Storm
Drain Project; that the Engineering Department instructed the contrac-
tor on June 7, 1990, to proceed with making the necessary repairs,
which is estimated to be approximately $30,000.00 to $35,000.00; and a
description of the method of correction is as follows:
Tile area of repair will involve placing a stone
base road across Carvins Creek and cutting a work
road to the site.
Remove the existing pipe, all of which appears to
be in good condition, and regrade and fill in the
eroded area.
Install a new precast concrete manhole, connect
onto the existing pipe with a special wye connec-
tion so the flow will enter the bottom of the new
manhole.
Reconnect and relay the existing 30 inch corrugated
metal pipe from the new manhole to Carvins Creek.
The pipe will be anchored at various points down
the slope with concrete collars.
309
'm
ACTION:
Install a concrete collar at the outfall of the
pipe with a grouted rip rap channel to the creek.
Repair the rear yard fence at 218 Houston Avenue,
N. E., then topsoil and seed.
All work performed during the course of repairs
will be carefully documented by an itemized account
of materials, labor, and equipment and by pho-
tographs.
It was explained that estimated cost for the work cannot be fully
defined until the contractor clears the area, checks the condition of
the existing pipe and establishes the time to complete the work; that
funding for the repairs is available in excess funds in the Willtamson
Road Storm Drain accounts now under construction; and a full report
with documentation will be presented to Council upon completion of the
work.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick-- 6.
NAYS: None- · ......... O.
(Mayor Taylor was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-APPALACHIAN POWER COMPANY-VIRGINIA MUNICIPAL LEAGUE: The
City Manager submitted a written report advising that governmental
electric rates have in recent years been established through contract
negotiations for three year term increments; and the type of rates are:
310
school s;
pumping (water and sewage);
other (general government); and
street lighting - the City of Roanoke, contrary to
some smaller localities, has a separate contract
for street lighting.
It was further advised that current contract rates for schools,
pumping and general government are due for consideration for change as
of June 30, 1990; that the electric company (APCO) recommended a modest
decrease of 4.7 per cent over a two year period; that potential for a
more substantial decrease exists, and can only be developed through an
exchange of information between representatives of APCO and expert rate
personnel representing the City; and the City has historically joined
with other cities, towns and counties served by APCO to negotiate as a
block unit through the Virginia Municipal League (VML) and Virginia
Association of Counties (VACO).
It was explained that representatives of the City on the Electri-
cal Rate Steering Committee include the City Attorney and the Director
of Utilities and Operations with less frequent representation by the
Director of Public Works, the Manager of Signals and Alarms and an
Assistant City Attorney; that all negotiations are subject to approval
by Council; and Council has authorized expenditures in fiscal year 1991
for electric energy, as follows:
General Fund $2,760,100.00
Water and Sewer Funds 685,000.00
Schools 1,372,775.00
The City Manager recommended that Council authorize payment of the
City's pro rata assessment, in the amount of $23,420.00, to the
Virginia Municipal League; and transfer $23,420.00 from Building
Maintenance Electricity, Account No. 001-052-4330-2022, to Director of
Utilities and Operations, Account No. 001-056-1250-2010.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30098-61890) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 659.)
Mrs. Bowles moved the adoption of Ordinance No. 30098-61890. The
motion was seconded by Mr. Bowers and adopted by the following vote:
311
AYES: Council Members Trout, Bowers Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ....... ' 6.
NAYS: None ....... _ ...... O.
(Mayor Taylor was absent.)
GRANTS-HOUSING: The City Manager submitted a written report
advising that $220,000.00 from the Virginia Department of Housing and
Community Development's Single Family Rehabilitation and Energy Conser-
vation Loan Program, and $240,000.00 in Community Development Block
Grant (CDBG) funds were allocated to the Home Purchase Assistance
Program by Council on June 26, 1989, allowing the City to provide loans
to low-moderate income households agreeing to buy and repair approxi-
mately 18 - 20 certain identified substandard houses; and the program
is administered jointly by the City and the Roanoke Redevelopment and
Housing Authority (RRHA), as outlined in the City's current contract
for services with the Housing Authority.
It was further advised that real estate options were selected as
the best way to allow the City to implement the Home Purchase
Assistance Program; that these options define the property owner's and
the City's responsibilities under the Program, establish a purchase
price for the property, allow the City to access the property, and
market the property for sale to qualifying low and moderate income
purchasers in the Program through assignment of the real estate option,
which provides for a direct sale of the property from the current owner
to the purchaser selected through the Program; that the City will not
exercise any option and will not actually purchase any property in the
Program; and should the City be unable to find a buyer for the pro-
perty, the real estate option would be allowed to expire.
It was explained that Council previously authorized the City
Manager to execute options with individual property owners at 1502
Tazewell Avenue, S. E., 1433 Gladstone Avenue, S. E., and 903 Kellogg
Avenue, N. W., allowing said properties to be included in the Home
Purchase Assistance Program; that real estate options have been exe-
cuted by the owner of two vacant single-family homes located at 913
Kellogg Avenue, N. W., (City assessed at $18,300.00) and 931 Kellogg
Avenue, N. W., (City assessed at $21,000.00); that options are offered
at $19,000.00 for each of the properties; that Housing Development
staff has determined that the offered price is reasonable to allow
homes to be included in the Program; and Council's authorization, for
the City Manager to execute real estate options with the owners of the
properties is necessary to allow said properties to be marketed through
the Program.
The City Manager recommended that he be authorized to execute real
estate options at 913 and 931 Kellogg Avenue, N. W., subject to appro-
val by the City Attorney, with the owners of said properties selected
for the Home Purchase Assistance Program.
(For full text, see report on file in the City Clerk's Office.)
312
ACTION:
Mr. Musser offered the following emergency Ordinance:
(#30099-61890) AN ORDINANCE authorizing certain real estate
options to be entered into in connection with the Home Purchase
Assistance Program, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 659.)
Mr. Musser moved the adoption of Ordinance No. 30099-61890. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick 6.
NAYS: None .........
(Mayor Taylor was absent.)
HUMAN RESOURCES-GRANTS: The City Manager submitted a written
report advising that the City Manager's Task Force on Homelessness
studied the homeless and low-income housing situation in Roanoke and
presented its findings and recommendations in a comprehensive report
entitled, No Place to Call Home, in April, 1987; that the City Manager
appointed a Follow-Up Task Force to evaluate how well the report's
recommendations were implemented and to recommend new activities based
on future findings; that the Task Force continues to meet on a regular
basis; and Council accepted Emergency Shelter Grants Program entitle-
ment funds totalling $54,000.00 in 1987, 1988, and 1989, which were
allocated under the Stuart B. McKinney Homeless Assistance Act, from
the United States Department of Housing and Urban Development to pro-
vide services to the homeless, as follows:
$26,000.00 - Resolution No. 28872, November 16
1987. '
$20,000.00 to Total Action Against Poverty
$ 6,000.00 to Roanoke Area Ministries
$ 4,000.00 - Resolution No. 29087, May 9, 1988.
$ 2,300.00 to Roanoke Area Ministries
$ 1,700.00 to Total Action Against Poverty
$24,000.00 - Resolution No. 29507, April 3, 1989.
$10,000.00 to Total Action Against Poverty
$ 8,500.00 to Roanoke Area Ministries
$ 5,500.00 to TRUST
It was explained that Council accepted 1990 Emergency Shelter
Grants Program entitlement funds, in the amount of $39,000.00, through
the Stuart B. McKinney Homeless Assistance Act on March 26, 1990, pur-
suant to Resolution No. 29990-32690; that the City invited applications
zations had an opportunity to submit funding requests, with the dead-
line to submit applications on April 30, 1990; and the City Manager
requested the Follow-Up Task Force on the Homeless to carefully review
the proposals which were submitted within the designated time frame and
recon)nend a allocation of funds to benefit the citizens of the City of
Roanoke.
It was further explained that Roanoke Area Ministries, Roanoke
Valley Trouble Center, Inc. (TRUST), and Total Action Against Poverty
submitted proposals for funding through the 1990 Emergency Shelter
Resource Fund; and requests, in the total amount of $46,640.00, from
the three agencies are as follows:
Roanoke Area Ministries -
TRUST _
Total Action Against Poverty -
$13,840.00
11,370.00
21,430.00
The City Manager pointed out that the Task Force carefully studied
each proposal using the application requirements, federal guidelines,
and pre-determined criteria to recommend the allocation of funds and
found that all agencies were eligible for funding after meeting appli-
cation requirements and federal guidelines; and the City Manager's
Follow-Up Task Force on Nomelessness submitted the following recommen-
dations to the City Manager based on guidelines and criteria:
Allocate $11,790.00 to Roanoke Area Ministries for
the payment of maintenance, operations, insurance,
utilities, and furnishings.
Allocate $10,120.00 to TRUST for the payment of
maintenance, operations, insurance, utilities, and
furnishings.
Allocate $17,090.00 to Total Action Against Poverty
(Transitional Living Center Program) for the
payment of maintenance, operations, insurance, uti-
lities, and furnishings.
The City Manager recommended that Council concur in the recommen-
dation of the City Manager's Follow-Up Task Force on the Homeless for
the allocation of Emergency Shelter Resource Funds, and that he be
authorized to execute sub-grant agreements with Roanoke Area
Ministries, Roanoke Valley Trouble Center, Inc., (TRUST), and Total
Action Against Poverty.
(For full text, see report on file in the City Clerk's Office.)
314
ACTION:
Mr. Garland offered the following Resolution:
(#30100-61890) A RESOLUTION concurring in the recommendation of
the City Manager's Follow-Up Task Force on Homeless as to the alloca-
tion of Emergency Shelter Resource Funds, and authorizing the execution
of the subgrant agreements with Roanoke Area Ministries, Total Action
Against Poverty and TRUST to administer the funds.
(For full text of Resolution, see Resolution Book No. 51, page 660.)
Mr. Garland moved the adoption of Resolution No. 30100-61890. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick .... 6.
NAYS: None .........
(Mayor Taylor was absent.)
HOUSING-GRANTS: The City Manager submitted a written report
advising that the Virginia General Assembly appropriated $43.75 million
for the upcoming biennium for various housing programs, most to be
designed and administered by the Virginia Department of Housing and
Community Development; that the Emergency Home Repair Program is one
such program, providing grant funds to make emergency repairs to
housing units occupied by low-income families/individuals; and guide-
lines for the program include the following:
Grant funds awarded by the Deparment of Housing and
Community Development must be matched with at least
an equal amount in cash, in-kind services, labor,
etc., from other sources;
Each housing unit may receive a maximum of $500.00
in grant funds from the Department of Housing and
Community Development, or $1,000.00 if the repairs
or improvements make the unit handicapped
accessible.
It was further advised that Council endorsed application for a
maximum grant award from the Department of Housing and Community
Development for the Program on April 9, 1990; that the Department of
Housing and Community Development requested that the amount of the
grant award not be specified in the application unless the applicant
desired an award of less than the $8,000.00 - $10,000.00 that the
Department expects to be awarded to each applicant to the Program; and
Council approved the proposed fiscal year 199D-91 CDBG Budget on May
14, 19g0, pursuant to Resolution No. 30041, which provides for an addi-
tional $8,000.00 allocation to be matched with funds carried over from
the fiscal year 198g-90 Program, in which $24,200.50 is currently
available to provide for continued program operation.
315
It was explained that the Department of ilousing and Community
Development has notified the City that its grant application has been
approved; that $13,571.00 was awarded to the City, with $3,846,00
available for qualifying energy repairs, such as roof and furnace
repair or replacement, and $9,725.00 available for other qualifying
emergency repairs; that execution of the Grant Agreement with the
Department of Housing and Community Development to receive funds in the
amount of $13,571.00, and execution of a general contract with Total
Action Against Poverty is necessary in order to continue the program;
and according to terms of the general contract, TAP will provide the
following:
1. assess tenant's income eligibility for the
program;
perform the repair work necessary to avoid
condemnation of the unit;
perform weatherization repairs to the unit
where appropriate;
e
in exchange, TAP will receive a $300.00 admin-
istrative for each repair grant, which will
come from the total allocation of funds to the
Program, and additional administrative funds
are not required.
It was further advised that each repair requires execution of a
separate three-party contract among the City as the provider of the
grant funds, TAP as the repair contractor, and the property owner
authorizing the repairs agreeing not to increase the tenant's rent, and
providing matching funds; and in most cases, properties identified for
the Emergency Home Repair Program will have conditions requiring imme-
diate repair.
The City Manager recommended that he be authorized to execute a
grant agreement with the Department of Housing and Con~unity Develop-
ment to receive $13,571.00 awarded to the City for the Emergency Home
Repair Program, requesting that upon expiration of the current
agreement with TAP, that he be authorized to execute an agreement with
TAP for the cooperative administration of the Emergency Home Repair
Program, subject to approval by the City Attorney; that he be
authorized to execute individual contracts for grants under the
Emergency Home Repair Program as determined appropriate, subject to
approval by the City Attorney; and that the Director of Finance be
authorized to appropriate $13,571.00 ill State grant funds.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
316
ACTION:
ACTION:
(#30101-61890) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 661.)
Mrs. Bowles moved the adoption of Ordinance No. 30101-61890. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ................ 6.
NAYS: None .......
(Mayor Taylor was absent.)
-0.
Mrs. Bowles offered the following Resolution:
(#30102-61890) A RESOLUTION authorizing the City Manager or his
designee to execute a Grant Agreement with the Virginia Department of
Housing and Community Development in connection with a grant of funds
under the Emergency Home Repair Program; authorizing the City Manager
or his designee to execute an agreement with Total Action Against
Poverty in the Roanoke Valley, Inc., for the cooperative administration
of the Emergency Home Repair Program; and authorizing the City Manager
or his designee to execute certain contracts between the City of
Roanoke, Total Action Against Poverty in the Roanoke Valley, Inc., and
individual property owners, for the purpose of obtaining grants in an
amount not to exceed $2,000.00 under the Emergency Home Repair Program,
upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 51, page 661.)
Mrs. Bowles moved the adoption of Resolution No. 30102-61890. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick 6.
NAYS: None ........ O.
BUDGET-EQUIPMENT-PLANNING-ECONOMIC DEVELOPMENT: The City Manager
submitted a written report concurring in a report of a bid committee
with regard to the purchase of a new four-wheel mini van to be used for
the continued support of Economic Development activities, specifically
tours, site visits, difficult terrain, etc.
The bid committee recommended that Council accept the lowest
responsible bid submitted by Magic City Ford, in the amount of
$17,487.00, for one new four wheel drive mini van; transfer $17,487.00
from the General Fund Contingency, Account No. 001-002-9410-2201, to
Vehicular Equipment, Account No. 001-002-8120-g010; and reject all
other bids received by the City.
(For full text, see reports on file in the City Clerk's Office.)
317
ACTION:
ACTION:
Mr. Garland offered the following emergency budget Ordinance:
(#30103-61890) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 662.)
Mr. Garland moved the adoption of Ordinance No. 30103-61890. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowles, Garland, Musser and Vice-
Mayor Fitzpatrick 5.
NAYS: None ......... O.
(Mayor Taylor was absent.) (Council Member Bowers abstained from
voting.)
Mr. Garland offered the following Resolution:
(#30104-61890) A RESOLUTION accepting the bid of Magic City Ford
made to the City for furnishing and delivering one new four-wheel drive
mini van in accordance with City of Roanoke specifications, as set
forth in its request for quotations dated May 24, 1990; and rejecting
all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 51, page 663.)
Mr. Garland moved the adoption of Resolution No. 30104-61890. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowles, Garland, Musser and Vice-
Mayor Fitzpatrick ........... 5.
NAYS: None ............. O.
(Mayor Taylor was absent.) (Council Member Bowers abstained from
voting.)
FIRE DEPARTMENT-EQUIPMENT: The City Manager submitted a written
report concurring in a report of a bid committee with regard to the
purchase of nine new breathing air masks and cylinders to be used by
the Fire Department.
The bid committee recommended that Council accept the lowest
responsible bid submitted by Fire and Safety Equipment for nine new
breathing air masks and cylinders, in the total amount of $13,067.37;
and reject all other bids received by the City.
(For full text, see reports on file in the City Clerk's Office.)
318
ACTION:
Mr. Bowers offered the following Resolution:
(#30105-61890) A RESOLUTION accepting the bid of Fire & Safety
Equipment Co., Inc., made to the City for furnishing and delivering
nine new breathing air masks and cylinders; and rejecting all other
bids made to the City.
(For full text of Resolution, see Resolution Book No. 51, page 663.)
Mr. Bowers moved the adoption of Resolution No. 30105-61890. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ......... .6.
NAYS: None ............ -0.
(Mayor Taylor was absent.)
WATER DEPARTMENT: The City Manager submitted a written report
concurring in a report of a bid con)~ittee with regard to purchasing
water and sewage treatment chemicals for the period of July 1 1990 to
June 30, 1991. , ,
The bid committee recommended that Council accept the lowest
responsible bids meeting specifications, and authorize the issuance of
purchase orders for the period of July 1, 199D, to June 30, 1991, as
follows; and reject all other bids received, by the City.
Standard Ground Alum - The lowest responsible bid
as submitted by Prillaman Chemical Corporation, in
the amount of $234.40 per ton, price firm for one
year.
Liquid Chlorine - The total lowest bid as submitted
by Van Water and Rogers, in the amount of $43.75
cwt. for 150 lb. cylinders and $20.88 cwt. for
2,000 lb. cylinders, price firm for one year.
Sodium Silico Fluoride - The lowest responsible bid
as submitted by Prillaman Chemical Corporation, in
the amount of $26.40 cwt. price firm for one year.
Liquid Alum - The lowest responsible bid as sub-
mitted by General Chemical Corporation, in the
amount of $.353025 per gallon, price firm for one
year.
Sulfur Dioxide - The lowest responsible bid,
including consideration for cylinder deposits as
submitted by Jones Chemical, Inc., in the amount of
$455.00 per ton, price firm for one year.
(For full text, see reports on file in the City Clerk's Office.)
319
m
m
ACTION:
Mrs. Bowles offered the following Resolution:
(#30106-61890) A RESOLUTION accepting certain bids made for pro-
vidin9 chemicals for water and sewage treatment; rejecting other bids;
and providing for an emergency.
(For full text of Resolution, see Resolution Book No. 51, page 664.)
Mrs. Bowles moved the adoption of Resolution No. 30106-61890. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick. 6.
NAYS: None .......
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a writ-
ten report advising that the fiscal year 1989-90 General Fund and
Internal Service Fund budgets included funds in the non-departmental
category for payment of termination leave, unemployment compensation,
and workman's compensation wages and medical expenses; that in addi-
tion, funds were budgeted in the non-departmental category to cover the
rate increase for hospitalization insurance that became effective on
January 1, 1990; that these types of fringe benefits are budgeted in
the non-departmental category because annual charges to each department
are difficult to accurately project; and the actual costs are charged
to the applicable department in anticipation of periodic budget trans-
fers to cover said costs.
The Director of Finance recommended that Council authorize the
transfer of funds from the non-departmental category to applicable
departmental budgets, as follows:
GENERAL FUND
INTERNAL
SERVICE FUND
Unemployment Comp.
Workman's Comp. Wages
Workman's Comp. Med.
Termination Leave Pay
Hospitalization Ins.
$ 23,678.00 $ 1,565.00
75,820.00 3,228.00
225,949.00 10,464.00
93,155.00 9,682.00
336,219.00 28,282.00
Total $754,821.00 $53,221.00
(For full text, see report on file in the City Clerk's Office.)
32O
ACTION:
Mr. Garland offered the following emergency budget Ordinance:
(#30107-61890) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Internal Service Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 664.)
Mr. Garland moved the adoption of Ordinance No. 30107-61890. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick 6.
NAYS: None- O.
(Mayor Taylor was absent.)
CITY ATTORNEY:
CITY CODE-TRAFFIC: The City Attorney submitted a written report
advising that several merchants in the Williamson Road area of the City
have experienced problems with persons who park their automobiles on
the merchants' parking lots after normal business hours; that the
merchants have tried to eliminate the intrusion and inconvenience by
posting signs which prohibit parking when the businesses are closed;
and currently, the City Code provides a five dollar penalty for persons
who park in areas which have been posted with "No Parking" signs,
however, the penalty has not served as an effective deterrent.
It was further advised that from time to time, the police have
tried to enforce the prohibition against parking by charging the
individuals with trepassing; that both the State Code and the City Code
provide criminal penalties for persons who trespass on the property of
others; that violation of either statute is punishable as a Class I
misdemeanor, the maximum penalty for which is confinement in jail for
not more than 12 months and a fine of not more than $1,000.00, or some
combination thereof; and the courts, however, have been very reluctant
to convict first-time offenders of trespassing in said cases unless the
persons have also been guilty of other misconduct, such as being
intoxicated in public or refusing to vacate the premises when directed
to do so by police officers.
The City Attorney pointed out that the problem can be more effec-
tively handled by amending the City Code to specifically prohibit
parking, standing or stopping in a parking lot, parking facility or
other area designed for parking which has been posted by clearly
visible signs or markers or where oral notice has been given; that the
amendment would apply to public or private parking facilities; that
instead of a $5.00 fine, a penalty of $25.00 would be authorized; that
321
m
ACTION:
the fine could be paid within ten days, and if not paid within that
period, the penalty would be increased to $35.00; that the Common-
wealth's Attorney has worked closely with the City Attorney's Office in
researching the legal issues involved and in preparing the appropriate
measure; and both the Commonwealth's Attorney and the Chief of Police
recommend adoption of said measure.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#30108-61890) AN ORDINANCE amending and reordaining the Code of
the City of Roanoke (1979), as amended, by adding a new subsection (15)
of §20-65, Parkin~ prohibited in specified places, to prohibit parking
in places wh~6~ there has been oral or written notice that parking is
prohibited and to amend subsections (b)(1) and (3) of §20-89, Penalties
for unlawful parki.ng, to provide a penalty for violations of such pro-
hibition; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 667.)
Mr. Trout moved the adoption of Ordinance No. 30108-61890. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ......... 6.
NAYS: None .........................
O.
(Mayor Taylor was absent.)
Mr. Melvin E. Huff, 4402 Delray Street, I~. W., appeared before
Council in support of the measure.
REPORTS OF COMMITTEES:
BUDGET-CITIZENS' SERVICES COMMITTEE: Mr. Raleigh Campbell,
Member, Citizens' Services Committee, presented a written report on
behalf of the Committee with regard to funding for qualified agencies
for fiscal year 199D-g1.
It was advised that the budget of the Citizens' Services Committee
was established by Council, pursuant to Ordinance No. 30030-50790, by
which the General Fund budget for fiscal year 1990-91 was adopted on
May 7, 1990; that public notice for agencies to file applications for
City funds was published in local newspapers on February 11, 15, 18 and
22, 1990, with an application deadline of March 9, 1990; that 28
requests, in the total amount of $701,327.25, were received from
various agencies; and agencies were notified of tentative allocation
recommendations and advised that they could appeal the Committee's ten-
tative recommendations.
322
It was further advised that the budget for fiscal year 1990-91
approved by Council for the Citizens' Services Committee provides for
an increase in funding of approximately five per cent; that total funds
available for allocation in fiscal year 1990-91 is $285,000.00; and
performance audi ts are conducted for each agency receiving funds
through the Con~ittee in order to evaluate the effectiveness and effi-
ciency of funded programs,
The following was provided for Council's information:
The Citizens' Services Committee requests that
$8,000.00 be transferred to the Director of Human
Resources' budget, upon approval of Council, to
cover monitoring expenses.
Agencies are requested to submit a budget by objec-
tive and activity when applying for funds through
the Citizens' Services Committee.
A schedule attached to the report shows reco~ended
funding for allocation to the various agencies.
The de]iberations of the Comaittee are contained in
minutes of meetings on file in the City Clerk's
Office.
Appeals of Committee recommendations as provided by
Council policy were received after notification to
each agency of its tentative recommended alloca-
tion. One appeal was filed and was heard on
May 31, 1990.
Mill Mountain Theatre requested an appeal
to secure additional funding in order to
achieve equity with similar organizations
which receive monies from the Committee.
After hearing the appeal at which the
Theatre emphasized its outreach services
to the community, the Committee agreed to
increase its recommended allocation from
$500.00 to $1,000.00.
The committee recommends a payment of $20.00 per
day to Bethany Hall for Roanoke City residents, up
to a maximum of $5,200.00,
The committee recommends that $23,000.00 be allo-
cated to The Salvation Arnty and a contract be exe-
cuted with The Salvation Army for the provision of
services to City citizens under the Homeless
Housing Program and/or Abused Women's Shelter,
The committee recommends that $23,000.00 be allo-
cated to Unified Human Transportation Systems,
Inc., (RADAR) through Valley Metro in order that
Valley Metro may receive credit for providing
transportation to the handicapped.
The following recommendations were submitted by the Citizens'
Services Committee for consideration by Council:
Council concur in the funding of agencies in the
amounts recommended as indicated on a schedule
attached to the report.
Council authorize the Chairman of the Citizens'
Services Committee and the Director of Finance to
not release funds to any agency until objectives,
activities, and other reasonable requests of the
monitoring staff are submitted and accepted.
Transfer $8,000.00 from the Citizens' Services
Committee budget, Account No. 001-054-5220-3700,
Contributions, to the Director of Human Resources,
Fees for Professional Services, Account No.
001-054-1270-2010, for payment of services for the
Homeless Housing Program and/or Abused Women's
Shelter provided to City citizens by The Salvation
Army.
Transfer $23,000.00 from the Citizens' Services
Committee budget, Account No. 001-054-5220-370D,
Contributions, to the Director of Human Resources,
Fees for Professional Services, Account No. 001-
054-1270-2010, for payment of services for the
Homeless Housing Program and/or Abused Women's
Shelter provided to City citizens by The Salvation
Army.
Transfer $5,200.00 from the Citizens' Services
Committee budget, Account No. 001-054-5220-3700,
Contributions, to the Director of Human Resources,
Fees for Professional Services, Account No. 001-
054-1270-2010, for p~vment of services provided to
City citizens at Bethany Hall.
Authorize the City Manager or his designee to nego-
tiate a contract for $23,000.00 with The Salvation
Army for the provision of services to City citizens
under the Homeless Housing Program and/or Abused
Women's Shelter. Council will be asked to
authorize execution of the contract after it has
been negotiated.
(For full text, see report on file in the City Clerk's Office.)
323
324
ACTION:
ACTION:
Mr. Musser offered the following emergency budget Ordinance:
(#30109-61890) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 668.)
Mr. Musser moved the adoption of Ordinance No. 30109-61890. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ......... -6.
NAYS: None .......... O.
(Mayor Taylor was absent.)
Mr. Musser offered the following Resolution:
(#30110-61890) A RESOLUTION concurring in the recommendation of
the Citizens' Services Committee for allocation of City funds to
various agencies.
(For full text of Resolution, see Resolution Book No. 51, page 669.)
Fir. Musser moved the adoption of Resolution No. 30110-61890. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ........ 6.
NAYS: None ....... O.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS:
BINGO AND RAFFLE OPEI~ATIONS-LICENSES: The Director of Finance,
the City Attorney and the Commonwealth's Attorney submitted a joint
written report advising that on Tuesday, May 2g, 1990, Council adopted
a new ordinance providing for the regulation of bingo and raffle games
in the City; that at the meeting it was requested that proposed Section
21-72 relating to the audit of reports and fees be removed so that
further study could be completed; that the Code of Virginia allows for
the local governing body to establish a reasonable audit fee of up to
two per cent of total gross receipts; that with start-up costs asso-
ciated with developing new forms, procedures, rules and regulations,
and explanatory information, it is expected that over $50,000.00 will
be spent the first year; that after conferring with other localities,
it was found that the reason the General Assembly raised the fee in the
lggO Session was because the one per cent fee was not covering actual
costs, and the localities found that the General Fund had to subsidize
this special regulatory section.
325
ACTION:
It was further advised that the fees have again been reviewed, as
well as the 9ross receipts collected as was reported by the organiza-
tions last year; and in order to sustain an active program of enfor-
cement and the maintaining and processing of applications, the
following fee schedule is recommended:
1.5 per cent of the first $150,000.00 of 9ross
receipts.
2.0 per cent of all gross receipts
$150,000.00.
over
It was explained that at the end of the first full year of opera-
tion, revenue collected will be reviewed to ensure that it is sup-
porting the program; that if the City collected more than is necessary
to support the program, a reduction in the fee schedule will be recom-
mended; and if the revenue collected is not sufficient to administer an
adequate program, an increase in the fees will be recommended.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#30111-61890) AN ORDINANCE amending the Code of the City of
Roanoke (1979), as amended, by enacting new §21-72, Audit of reports;
fee, to provide for the audit of bingo and raffle reports and to
establish the fee for such audits; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 670.)
Mr. Trout moved the adoption of Ordinance No. 30111-61890. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ~6.
NAYS: None .............
(Mayor Taylor was absent.)
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 30081-61890 rezoning a tract of land lying
on the northwesterly side of Lynn Avenue, S. W., designated as Official
Tax Nos. 1271811-1271815, inclusive, from LM, Light Manufacturing
District, and rezoning Official Tax No. 1271816, from C-2, General
Commercial District, to C-1, Office District, subject to certain con-
ditions proffered by the petitioners, having previously been before the
Council for its first reading on Monday, June 11, 1990, read and
adopted on its first reading and laid over, was again before the body,
Mr. Musser offering the following for its second reading and final
adoption:
526
ACTION:
ACTION:
(#30081-61890) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 657.)
Mr. Musser moved the adoption of Ordinance No. 30081-61890. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick .................... 6.
NAYS: None .................................
(Mayor Taylor was absent.)
ZONING: Ordinance No. 30082-61890 rezoning a 1.5 acre parcel of
land located at the northeast corner of Hollins Road and Orange Avenue,
N. E., the northeast portion of which is identified as Official Tax No.
3042120, and the remaining portion bears no official tax number, from
LM, Light Manufacturing District, to C-2, General Commercial District,
subject to certain conditions proffered by the petitioner, having pre-
viously been before the Council for its first reading on Monday,
June 11, 1990, read and adopted on its first reading and laid over, was
again before the body, Mr. Trout offering the following for its second
reading and final adoption:
(#30082-61890) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 304, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 658.)
Mr. Trout moved the adoption of Ordinance No. 30082-61890. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ............ 6.
NAYS: None ........... O.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE VICE-MAYOR AND MEMBERS OF
COUNCIL:
TRAFFIC-MAYOR'S COMMITTEE FOR THE DISABLED: Council Member Trout
inquired as to the status of a measure which would provide certain
penalties for parking in a space designated for handicapped parking;
whereupon, the City Attorney advised that the measure would be included
on the agenda of Monday, June 25, 1990, for consideration by Council.
327
COUNCIL: Vice-Mayor Fitzpatrick expressed appreciation to the
citizens of the City of Roanoke and to the Members of Council for the
opportunity to serve as Vice-Mayor from July 1, 1988 to June 30, 1990.
COUNCIL-NEWSPAPERS (ROANOKE TIMES & WORLD-NEWS): The Vice-Mayor
welcomed students who were participating in the 1990 Minority Journa-
lism Workshop through the Roanoke Times & World-News.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Vice-Mayor declared the
meeting adjourned at 2:40 p.m.
APPROVED
ATTEST~-"~ ~'~'~ '~': ~~
City Clerk
Vice-Mayor
mi
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
June 25, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 25, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Rg~ular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~IlJ?~-~, as amended.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor .......... 7.
ABSENT: None .......... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Diblin9, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTS OF ACKNOWLEDGEMENT-COUNCIL: Inasmuch as Council Member
James O. Trout's term of office as a member of City Council will expire
on June 30, 1990, Mr. Garland offered the following Resolution
recognizing and commending the service of Mr. Trout:
(#30112-62590) A RESOLUTION recognizing and commending the
Honorable James O. Trout, Member of City Council.
(For full text of Resolution, see Resolution Book No. 51, page 671.)
Mr. Garland moved the adoption of Resolution No. 30112-62590. The
~notion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser and Mayor Taylor ....... 6.
NAYS: None .........
.0.
(Council Member Trout abstained from voting.)
Vice-Mayor Fitzpatrick presented Mr. Trout with a framed copy of
Resolution No. 30112-62590.
329
m
ACTION:
Council Member Garland presented Mr. Trout with a sterling silver
sandwich tray with his years of service engraved thereon.
Council Member Musser presented Mr. Trout with a gold plated clock
with the City Seal engraved thereon.
Council Member Bowers presented Mr. Trout with framed letters of
appreciation for services rendered from the Honorable George Bush,
President of the United States of America, and the Honorable Douglas
Wilder, Governor of Virginia.
The City Manager presented Mr. Trout with a framed photograph of
the Roanoke Regional Airport Terminal.
Council Member Bowles presented Mrs. Trout with a basket con-
taining items that are symbolic of the City of Roanoke and the Common-
wealth of Virginia.
The Mayor presented Mr. Trout with a plaque containing his years
of service, with the Key to the City of Roanoke mounted thereon.
Inasmuch as Council Member Robert A. Garland's term of office as a
Member of City Council will expire on June 30, 1990, Mr. Musser offered
the following Resolution recognizing and commending the service of Mr.
Garland:
(#30113-62590) A RESOLUTION recognizing and commending the
Honorable Robert A. Garland, Member of City Council.
(For full text of Resolution, see Resolution Book No. 51, page 671.)
Mr. Musser moved the adoption of Resolution No. 30113-62590. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Musser, Trout
and Mayor Taylor ........ 6.
NAYS: None ........... O.
(Council Member Garland abstained from voting.)
The Mayor advised that Council would honor Mr. Garland at a
banquet on Monday, July 1, 1990, at which time appropriate presen-
tations would be made.
BID OPENINGS:
CIVIC CENTER: Pursuant to notice of advertisement for bids for
removal of ACM Ceiling at the Roanoke Civic Center Auditorium, said
bids to be received by the City Clerk until 1:30 p.m., on Monday,
June 25, 1990, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
33O
ACTION:
ACTION:
ACTION:
BIDDER
BID ITEM I
BID ITEM 2
WACO, Inc.
AREMCO, Inc.
Anderson Services, Inc.
Oneida Asbestos
Abatement, Inc.
HICO, Inc.
Western State Insulation
Company
EME, Inc.
Strahle Construction
Co., Inc.
Falcon Associates, Inc.
LCM Corporation
American Diversified
Const., Inc.
ACMC, Inc.
HEPACO, Inc.
$139,800.00
157,333.00
172,322.11
187,000.0D
219,890.00
259,793.00
262,340.00
263,000.00
274,000.00
321,115.00
347,777.11
348,000.00
370,229.00
$144,800.00
194,333.00
NO BID
193,000.00
224,890.00
270,246.00
273,340.00
NO BID
298,000.00
342,556.00
372,777.11
NO BID
388,740.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Fir. Trout and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (Al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
331
ACTION:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor-- .7.
NAYS: None-
SCHOOLS: A report of qualification of Messrs. Finn D. Pincus and
Emanuel C. Edwards as members of the Roanoke City School Board for
terms of three years each commencing July 1, 1990, and ending June 30,
1993, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ..... 7.
NAYS: None--- O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY, INC.: Mr. E.
Cabell Brand, President, Total Action Against Poverty in the Roanoke
Valley, Inc., appeared before Council and presented a statement high-
lighting TAP's 25 year history. He advised that in December 1989,
TAP's central headquarters located on Shenandoah Avenue, N. W., was
destroyed by fire, that in early January 1990, he appointed a
Rebuilding Committee to examine options for a future site and members
of the committee have been meeting with the City Manager and his staff
to discuss possibilities and opportunities.
Mr. Brand pointed out that given TAP's priorities, it was natural
to consider Henry Street as a potential location; that since it became
clear that not all with whom they talked shared their enthusiasm for
Henry Street, TAP looked elsewhere and called attention to the former
Stone Printing Company building which would meet space requirement
needs. He advised that the City Administration has suggested a third
option which is the School Administration Building.
Mr. Brand explained that TAP is interested both in finding the
best location for its facilities and in being a good citizen, and for
this reason, he has written to the City Manager indicating that TAP
would look favorably on the School Administration Building if the Henry
Street renewal is outside the realm of possibility and if the City will
help with the following:
332
(1)
(21
(3)
(4)
that the building and land be deeded to TAP as
a gift with no restrictions;
that the City remove the existing asbestos,
fix the roof and provide additional parking;
that all decisions by the appropriate bodies,
City Council and the School Board, be carried
out before the expiration of TAP's option on
the Stone Printing building; and
that TAP be authorized to occupy the facili-
ties as soon as possible.
In closing, Mr. Brand stated that since time is a critical con-
sideration; perhaps TAP should consider the Stone Printing building as
a temporary headquarters since they can move in immediately.
Mr. Brand urged that the City of Roanoke redefine its commitment
to the Henry Street economic development program, and requested that
the City study the data and cost estimates collected by TAP. He
encouraged Council to appoint a committee composed of two or three
Members of Council to work with the City Manager, the Executive
Director of TAP and two members of the TAP Board of Directors to eva-
luate the various alternatives before TAP's option expires on the Stone
Printing building on July 20, 1990. He suggested that the City restudy
the possibility of the Henry Street renewal as an economic development
program, advising that over the long term of a 25 year perspective, it
is his opinion that the best investment would be on Henry Street; that
if Virginia Tech is successful with The Hotel Roanoke project and the
convention center and exhibit hall become a reality, the Henry Street
commercial economic development next door will be a guaranteed economic
success; and if The Hotel Roanoke plans do not materialize or are
seriously delayed, a Henry Street economic development on the north
side of the railroad tracks may be even more important to the City of
Roanoke.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Reginald Shareef, 1227 Rugby Boulevard, N. W., appeared before
Council and spoke in support of the Henry Street revitalization project
in general, and requested Council's favorable consideration concerning
the location of TAP's headquarters in the Henry Street area. He asked
that Council not under estimate the importance of the Henry Street area
to the progressive image of Roanoke City. He advised that Henry Street
remains a historical reminder of African American cultural enrichment,
economic development and entrepeneural spirit. He commented that much
like the Harrison Museum of African American Culture, Henry Street
represents a collective institutional presence that has enhanced the
quality of life for the entire community. He stated that continued
renewal of the Henry Street area will also complement the revitaliza-
tion process of downtown Roanoke and the institutional transformation
currently taking place in the immediate area.
333
ACTION:
Mr. Garland moved that the Mayor be authorized to appoint the com-
mittee as requested by Mr. Brand. The motion was seconded by Mr.
Bowers and unanimously adopted.
Upon advice of the City Attorney, Mr. Bowers moved that Council
meet in Executive Session to discuss a personnel matter dealing with
appointment of Members of Council to serve on a committee as requested
by the President of Total Action Against Poverty in the Roanoke Valley,
Inc. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .............. 7.
NAYS: None ....... O.
(See page for further action on the matter.)
PETITIONS AND COMMUNICATIONS:
COUNCIL-LEGISLATION: A communication from Vice-Mayor Beverly T.
Fitzpatrick, Jr., with regard to an article from the Richmond-Times
Dispatch which relates to the issue of local lobbying on behalf of
cities and counties in the Virginia General Assembly, was before
Council.
Vice-Mayor Fitzpatrick advised that the article discusses how
other communities in the Commonwealth are maximizing benefits by
complimenting their elected officials with full-time lobbyists; and the
City is most fortunate to have in the Roanoke Valley one of the finest
elected delegations of any area of the Commonwealth, who not only
assist the City greatly in its leglislative affairs efforts, but are
looked upon as leading policy makers for the entire Commonwealth.
Mr. Fitzpatrick further advised that having someone always in the
General Assembly on constant vigil or working with other senators and
delegates on projects can assist the City's elected senators and dele-
gates and can enhance their ability to assist Council with projects
such as additional funding for education, the Trade and Convention
Center, the expansion of the Regional Sewage Treatment Plant, the
University Connection highway and other matters that need special
attention as Council moves the Valley forward.
Mr. Fitzpatrick suggested that each Member of Council read the
material and request the City Manager, the City Attorney and the
Director of Finance to report to Council on their feelings about the
assistance a lobbyist, with the Valley's best interests in mind, might
lend to Council's efforts. Further, he requested that the senators and
delegates of the Roanoke Valley give Council their thoughts on the
opportunity and whether it would benefit their efforts to assist
Council in those projects which are considered to be vital to the eco-
nomic vitality of the City.
(For full text, see communication on file in the City Clerk's Office.)
334
ACTION:
Following discussion, Mr. Trout moved that the matter be referred
to the City Manager, the City Attorney and the Director of Finance for
study and report to Council. The motion was seconded by Mr. Bowers and
unanimously adopted.
BUDGET-SCHOOLS-GRANTS: A communication from the Roanoke City
School Board requesting that Council close out the following 36
completed school grants which will result in a net decrease in
appropriations in the amount of $60,449.00, was before the body.
035-060-6124 Chapter I Winter 124-89-1 $ 1,882.00
035-060-6125 Chapter ! Sun~er 124-89-2 (68,603.00)
035-060-6126 Chapter I Carryover 124-89-3 71,415.00
035-060-6217 Chapter II 87 ( 9,169.00)
035-060-6218 Staff Development Title II 86 ( 791.00)
035-060-6219 Staff Development Title II 87 ( 245.00)
035-060-6221 Instructional Services Title II ( 73.00)
035-060-6222 Chapter II 88 ( 8,557.00)
035-060-6415 Alternative Education 89 ....
035-060-6416 Vocational Education Teen Mothers 2,749.00
035-060-6417 Summer Youth Employment 89 ( 8,886.00)
035-060-6420 Licensed Practical Nursing 89 ....
035-060-6421 Licensed Practical Nursing 90 ....
035-060-6560 Transitional Services 88 ( 308.00)
035-060-6561 Special Education Tuition 88 2,018.00
035-060-6563 Flow Through 89 5,748.00
035-060-6564 Child Development Clinic 89 ( 287.00)
035-060-6565 Bureau of Crippled Children 89 ( 170.00)
035-060-6566 Juvenile Detention Home 89 ( 36.00)
035-060-6567 Special Education Inservice 89 ....
035-060-6568 Teenage Mothers Grant ( 290.00)
035-060-6571 Preschool Incentive 89 ( 2,390.00)
035-060-6732 Vocational Education Equipment 88 ( 485.00)
035-060-6733 Apprenticeship 89 ( 4,103.00)
035-060-6734 ABE/DIAL 89 ( 5,059.00)
035-060-6735 GED Testing 89 ( 663.00)
035-060-6736 Vocational Education Equipment 89 ( 1,074.00)
035-060-6811 Artist in Education 89 ( 2,168.00)
035-060-6812 Magnet School Artists 89
035-060-6926 Partners in Excellence 455.00
035-060-6938 Removal of Architectural Barriers ....
035-060-6939 Substance Abuse Prevention & Education ( 2,970.00)
035-060-6940 Governor's School 89 (21,163.00)
035-060-6943 Grants Development 89 ( 5,985.00)
035-060-6945 Regional Science Fair 89 ( 1,141.00)
035-060-6947 Chess Program 89 ( 100.00)
Net Decrease $(60,449.00)
(For full text, see communication on file in the City Clerk's Office.)
335
m
ACTION:
ACTION:
A report of the Director of Finance advising that the request to
close grants is necessary inasmuch as the grant programs have been
completed; and reco~nended that Council concur in the request of the
School Board, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#30114-62590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 672.)
Mr. Bowers moved the adoption of Ordinance No. 30114-62590. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Musser, Trout
and Mayor Taylor ..................... 6.
NAYS: None--
(Council Member Garland was out of the Council Chamber.)
INDUSTRIES-BONDS: A communication from Mr. Harwell M. Darby, Jr.,
Attorney, representing the Industrial Development Authority of the City
of Roanoke, requesting approval of a plan to assist Quibell Corporation
in financing the acquisition, construction and equipping of a manufac-
turing facility to be located in the Roanoke Centre for Industry and
Technology, Lots 9 and 10, by issuance of up to $2,500,000.00 of
industrial development revenue bonds, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30115-62590) A RESOLUTION approving the plan of financing of
the Industrial Development Authority of the City of Roanoke, Virginia,
for the benefit of Quibell Corporation, to the extent required by
Section 147 of the Internal Revenue Code of 1986, as amended.
(For full text of Resolution, see Resolution Book No. 51, page 675.)
Mrs. Bowles moved the adoption of Resolution No. 30115-62590. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Musser, Trout
and Mayor Taylor-- 6.
NAYS: None ........... O.
(Council Member Garland was out of the Council Chamber.)
336
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SALE/PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS-FLOOD REDUCTION/
CONTROL: The City Manager submitted a written report advising that a
bond referendum for the financing of the Roanoke River Flood Reduction
Project was approved by the citizens of the City of Roanoke on
April 11, 1989; that Ordinance No. 29733-91189, adopted on
September 11, 1989, authorized acquisition of property rights for the
Roanoke River Flood Reduction Project, however, the final location for
the Early Warning System was subject to further review; and the Local
Cooperative Agreement between the City and the United States Army Corps
of Engineers has been successfully negotiated by City staff and is to
be signed in the near future.
It was further advised that the project schedule, as mutually
agreed to by City staff and the Corps of Engineers, includes separate
construction projects for the Early Warning System and the Flood
Reduction Channel Project, which will allow the project to proceed as
the right-of-way is obtained; that four sites required for the comple-
tion of the total Integrated Flood Observation and Warning System
(IFLOWS) network for the Upper Roanoke River Basin have now been iden-
tified, consisting of the following and are more particularly iden-
tified on maps attached to the report:
Mill Mountain Site is located adjacent to the
Communications Tower on City owned land on Mill
Mountain.
Tinker Creek Site is located approximately 200 feet
downstream of the Tinker Creek and Carvins Creek
confluence on property owned by Elizabeth Arden.
Mason Creek Site is located adjacent to Mason Creek
approximately 200 feet downstream of the Route 311
and Route 740 intersection within the Virginia
Department of Transportation right-of-way.
Roanoke River Site is located adjacent to the
bridge over the North Fork of the Roanoke River in
Montgomery County. This site is located within the
Virginia Department of Transportation right-of-way.
It was explained that required easements for the four sites will
consist of a legal easement agreement for the Tinker Creek site,
Virginia Department of Transportation Land Use Permits for the Mason
Creek and the Roanoke River sites, and a Resolution from City Council
for the Mill Mountain site.
337
m
ACTION:
The City Manager recommended that Council adopt a measure
authorizing the use of Mill Mountain property for the purpose of
installing and maintaining an automatic rain gauge and authorizing
acquisition of three easements, subject to approval by the City
Attorney, on property owned by the Virginia Department of Transporta-
tion and Elizabeth Arden.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#30116-62590) AN ORDINANCE authorizing the City's acquisition of
three easements in land and providing for use of certain City-owned
property for the Roanoke River flood reduction project early warning
system, upon certain terms and conditions; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 676.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30116-62590.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Musser, Trout
and Mayor Taylor ..................................................... 6.
NAYS: None .............................
0
(Council Member Garland was out of the Council Chamber.)
GRANTS-PLANNING: The City Manager submitted a written report
advising that Council authorized the second year of funding for the
Western Virginia Revolving Loan Fund as part of the Community
Development Block Grant (CDBG) application, which was approved by
Council on May 14, 1990, pursuant to Resolution No. 30041-51490; that
the first year of funding was approved by Council on April 10, 1989,
pursuant to Resolution No. 29512; and the City has received HUD appro-
val of the CDBG application, pursuant to communication under date of
June 18, 1990.
It was further advised that the Western Virginia Revolving Loan
Fund is a project operated by Southwest Virginia Community Development
Fund to provide low interest loans to small businesses in the greater
northwest Roanoke area and industrial areas of the City for the
creation of jobs; that local matching funds necessary for the program
are provided by $33,334.00 in fiscal year 1990-1991 CDBG funds, plus
$33,333.0D in carry-over monies which will leverage a minimum of
$733,334.00 in additional funds from various sources for businesses in
Roanoke; and an administrative agreement between the City and Southwest
Virginia Community Development Fund is necessary in order for funds to
be disbursed for business loans.
338
ACTION:
The City Manager recommended that he be authorized to execute an
agreement with the Southwest Virginia Community Development Fund for
administration and implementation of the Western Virginia Revolving
Loan Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#30117-62590) A RESOLUTION authorizing the execution of a writ-
ten agreement with the Southwest Virginia Community Development Fund
for the implementation and administration of the Western Virginia
Revolving Loan Fund program, and providing for certain Community
Development Block Grant (CDBG) funds for the purpose, for the period
beginning July 1, 1990, and ending June 30, 1991.
(For full text of Resolution, see Resolution Book No. 51, page 676.)
Mr. Trout moved the adoption of Resolution No. 30177-62590. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Mayor Taylor ............... 6.
NAYS: None .......
Oe
(Vice-Mayor Fitzpatrick was out of the Council Chamber.)
SEWERS AND STORM DRAINS-WATER DEPARTMENT: The City Manager and
the Director of Finance submitted a joint written report advising that
available working capital in excess of obligations in the Water and
Sewer Funds should be at least $1,000,000.00, each, to provide for cash
flows and emergencies such as floods and droughts; and the status of
Water and Sewer Fund working capital in excess of obligations projected
to June 30, 1990, is as follows:
Water - $977,572.00
Sewage - -$548,641.00'
* - Several projects will last for multiple years
which should provide time to meet the current obli-
gations from current rate structures.
It was further advised that requirement by the State Health
Department to replace the pressure sand filters and renovate the
Falling Creek Filter Plant has been acknowledged; that plans and speci-
fications have been prepared and advertised; that a portion of the bid
to renovate Falling Creek, in the amount of $246,881.00 for equipment,
has been awarded, and the remainder, in the amount of $1,004,119.00, is
on hold, pending certification of funds by the Director of Finance
until June 30, 1990; that the last overall water rate increase occurred
339
in 1976; that the last overall sewer rate increase occurred in 1981,
followed by a decrease in 1985; and the average cost of residential
water and sewer service, based on a typical residential usage of 1800
cu. ft. units, is as follows:
Monthly Daily
Hater $3.20 $.11
Sewage 5.16 .17
$8.36 $.28
It was explained that the drought of 1988 showed the weakness in
the City's water system and pointed out the need to expand Carvins Cove
Filter Plant from a rated capacity of 18 million gallons per day (MGD)
(peak) to 28 MGD (peak) in order to fully utilize the safe raw water
yield of 20 MGD; that Council authorized a Carvins Cove Filter Plant
renovation and expansion feasibility study on August 14, 1989, with
Mattern and Craig and Alvord, Burdick and Howson, Consulting Engineers;
and preliminary infomation from the study, as well as the known bid
amount from the Falling Creek Filter Plant renovation results in the
following in~nediate extraordinary capital needs: (prices include engi-
neering and 15 per cent contingency in 1990 dollars)
I tern Descri pti on Estimated Cost
Improvements to raw water
at Carvins Cove Dam $
Low lift pump station
expansion for Carvins
Cove Filter Plant 2,308,050.00
3 Carvins Cove Treatment Plant
upgrading and expansion 8,987,250.00
4 Transmission line from
Carvins Cove plant to
Hershberger Road (Delray
Pumping Station location)
Falling Creek Filter Plant
Renovation
645,150.00
4,175,650.00
1,004,119.00
$17,120,219.00
The amount of $17,100,000.00 is the estimate-used
to project funding needs.
The City Manager explained that 1989 was the fourth wettest year
in history and has shown again the need to renovate and expand
Roanoke's joint sewage facilities; that the City treats sewage from the
City of Roanoke, City of Salem, Roanoke County, Town of Vinton, and
Botetourt County under the terms of 30 year agreements executed in
1972; that City reserve capacity in the sewage plant is 15.83 MGD; that
340
City actual flows to the sewage plant are 16 - 19 MGD during average
rainfall conditions, but have averaged as high as 29.05 MGD for the
month of July, 1989; that the Wastewater Facility Plan dated February,
1987, and prepared for the City, in consultation with the staffs of all
contracting jurisdictions projected the need to increase the capacity
for "wet" months from the current permit limits of 35 MGD to 62 MGD;
and overall system joint use facilities improvements were projected to
cost $32,000,000.00 in the 1987 report.
The City Manager further explained that high rainfall amounts and
resulting high sewage flows during 1987 and 1989 has resulted in the
need to re-define the extent of the needed expansion; that preliminary
information results in the need to expand from an average monthly capa-
city of 35 MGD to an average monthly capacity of 42 MGD and, more
importantly, a "wet" monthly capacity of 72 MGD; that the current esti-
mated cost to renovate and expand the Sewage Treatment Plant and
replace the Roanoke River Interceptor from the City of Salem to the
plant, as well as replace the Tinker Creek Interceptor from Orange
Avenue to the plant, in 1993 dollars, is in the amount of
$43,643,000.00; and City share of these unusual and extraordinary capi-
tal improvements, plus improvements to the wholly owned and used
distribution system, is $15,500,000.00, with the remainder to be paid
by the other jurisdictions using the Sewage Treatment Plant and
incoming interceptors.
It was pointed out that the Water and Sewer Funds have no
significant retained earnings; that the annual costs for providing
water and sewer service have increased in the range of six to nine per
cent annually; that the last water rate increase was in 1976 and the
last sewer rate increase was in 1981; that both funds have been unable
to budget for replacement equipment and maintenance from annual revenue
because of current rate structures; that this lack of revenue has
required the use of prior years' retained earnings and the delay in
needed capital replacement; that $17,100,000.00 in water capital needs
and $15,500,000.00 as City share of sewage capital needs have been
identified; that rates for water and sewage services are currently the
lowest in the State for known comparable localities; and an increase in
water and sewer rates over the next five years in the following amounts
is needed:
Water
Sewage
12.11 per cent increase each year for
five years.
12.96 per cent increase each year for
five years.
It was explained that the regressive water rates, e.g. the more
the volume used, the lower the unit cost for water, is a rate structure
that does not encourage water conservation; that many utilities have
either a flat rate for usage or a progressive rate, e.g. the more
volume used, the higher the unit cost for water; that the City needs to
work toward a goal of a flat water rate, perhaps not all at once in
fairness to large commercial and industrial users; that 54 users would
be affected if the City abolished the bottom two steps of a four step
regressive water rate schedule; that Council authorized the Director of
341
ACTION:
Finance to employ David M. Griffith, Inc., to review the City's water
and sewage service rates; that a full report is available in the Office
of the Director of Finance for review as deemed appropriate; and the
rates which are being recommended are less in some_ instances than the
rates suggested by David M. Griffith, Inc.
The City Manager recommended that Council authorize a five year
phased-in, across the board increase, in water and sewer rates in
accordance with the different schedules contained on Attachment B to
the report; that the rates be effective with all water and sewage
billed on and after October 1, 1990, July 1, 1991, July 1, 1992, July
1, 1993 and July 1, 1994; that for water rates effective July 1, 1991,
the bottom rate step in the regressive scale will be deleted and the
rate next to the bottom will be deleted, effective July 1, 1992; and
connection charges, special service charges, fire service charges, and
septic tank disposal charges are recommended for all billings on or
after October 1, 1990.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#30118-62590) A RESOLUTION establishing certain water and sewer
rates and other related rates and charges for this City, effective
August 1, 1990.
(For full text of Resolution, see Resolution Book No. 51, page 677.)
Mrs. Bowles moved the adoption of Resolution No. 30118-62590. The
motion was seconded by Mr. Garland.
The City Manager referred to the presentations which were made
over the last month pertaining to the water and sewer systems and
public utilities. He stated that Roanoke's Water and Sewage Depart-
ments have done an outstanding and cost effective job in treating raw
water, delivering it to the consumer, collecting water from the whole
Roanoke Valley and treating it again so that the water will be cleaner
than the river in which it enters. He advised that both the City's
water and sewage systems are at or near capacity and both require
expansion and renovation. He called attention to the Carvins Cove
Filter Plant which now produces 18 million gallons of treated water
per day and needs to be expanded so that it can produce 28 million
gallons per day. He explained that State Health Department regulations
require that when a water system operates with 80 per cent of capacity
for three consecutive months, plans must be made to upgrade the system,
advising that during the drought of 1988, the facility was at 79 per
cent of capacity for three consecutive months, with certain individual
days exceeding that level. He added that the drought showed the
weaknesses in the City's system; that even though there was raw water
in the dam, it could not be treated and transported fast enough to
)~et customer demands which left spot outages and low water pressure
in certain areas of the City. He stated that the Falling Creek Filter
342
Plant contributes approximately 1.8 million gallons per day to the
water system, however, it no longer meets state regulations for
treating water. He explained that the Falling Creek Filter Plant was
built in 1927 and can be described as being a rustic water plant; that
beyond the condition of the physical plant, the equipment is outdated,
and the pressure filters have been ruled by the State Health Department
as no longer meeting state regulations. He called attention to state
standards which have changed the quality of water that is to be pro-
duced at the Falling Creek facility, and the City has been put on
notice by the State that it must either correct the shortcomings or
take the project off line, advising that the plant needs to be moder-
nized to include heat and indoor plumbing.
In 1985, the City Manager explained that Council authorized a
study of the Water Facility Plant, under the direction of the State
Water Control Board; that the study was completed in February 1987, and
recommended expansion of the waste water system which treats sewage
from Roanoke City, the City of Salem, Botetourt County, the Town of
Vinton and Roanoke County. He added that included in the recommen-
dation was the replacement of all or part of the two main interceptor
lines; that the increased capacity of the lines corresponds to
increased capacity of the plant which is proposed to go from its pre-
sent 35 million gallons per day to at least 62 million gallons per day,
and, in fact, expansion would likely be defined at 70 or more million
gallons per day based on needs of the other jurisdictions. He stated
that last year's wet weather demonstrated how close to capacity the
Sewage Treatment Plant has been operating; that on several occasions,
the Plant exceeded limits set by the State Water Control Board, and, in
fact, even now the plant violates its permits when there is a heavy
saturation of ground water. He further stated that fortunately some of
the 30 million gallons of waste water per day can be diverted into
holding tanks and can be held to be treated during peak periods which
keeps the plant from being over loaded and making direct discharge into
the stream. He stressed that these improvements must be made; that
they are not optional and have been requested by the state and federal
authorities.
Mr. Herbert stated that it is his responsibility to point out to
Council what could be the result of not taking action in this par-
ticular area, advising that the State has the authority to prohibit new
building permits through refusal to allow any new hook ups to the water
system, the result of which would literally bring economy to a halt in
terms of new construction. He explained that even if these projects
were not mandated, they still need to be made because without them
Roanoke wi)l find itself unable to provide water for some of its citi-
zens in the needed volume to drink and for fire protection. He advised
that for the past 13 months, the facility has exceeded the 35 MGD capa-
city that the Sewage Treatment Plant should be receiving which is a
valley-wide problem. He explained that the Water and Sewer Funds are
unable to pay for these needed capital improvements and called atten-
tion to the need to increase water and sewer rates to pay for the
necessary improvements. In summary, the City Manager advised that the
capital projects are:
343
m
m
improvements to raw water intake at Carvins Cove
Dam;
expansion of the low lift pump station from 12 MGD
up to 28 MGD;
expansion and upgrading of the Carvins Cove Filter
Plant by ten million gallons per day;
transmission line from the Treatment Plant to the
Delray Pumping Station in the vicinity of Cross-
roads Mall;
improvements to Falling Creek Filter Plant in order
to bring the facility into technical compliance
with the State Health Department.
With regard to the sewer system, the City Manager advised that the
Sewage Treatment Plant needs to be renovated in order to bring it up to
current day standards in terms of the City's permit. He called atten-
tion to the need for dry weather expansion from 35 to 42 MGD in order
to address the needs of the entire Roanoke Valley; and replacement of
the Roanoke River Interceptor, as well as the Tinker Creek Interceptor.
He advised that the above represents a total of $43 million, with the
City's share being in the range of approximately $9 million, along with
other improvements in the City's collector system.
The Director of Finance advised that the Water and Sewer Funds
have basically no significant retained earnings, and at the present
time, it is possible to have a deficit in the Sewer Fund if all of the
appropriations currently authorized are expended. He explained that
many improvements were made in the Williamson Road area during the time
that the changes were being made to the sewer system which were unan-
ticipated; that annual costs in the water and sewer system have risen
each year in the area of six to nine per cent; that the City's last
water rate increase was in 1976 and the last sewer rate increase was in
1981; that both funds have literally been unable to budget for replace-
ment equipment and maintenance from annual revenue; and he has been
unable to certify funds for a bid to replace the Falling Creek Filter
Plant.
Mr. Schlanger advised that once the capital needs of the Water and
Sewer Funds were identified, the ball as passed to him as Chief
Financial Officer of the City to analyze and recommend alternatives to
fund such requirements; that inasmuch as this was such an important
step in correcting some of the City's infrastructure problems in
meeting the necessary state and federal requirements, he felt it was
important to turn to a neutral third party which, in this case, was
David M. Griffith and Associates, to perform a rate analysis study. He
stated that the Griffith report was thorough, but he was not comple-
tely convinced that the recommendations had to be implemented in their
entirety; therefore, internally, the report was taken apart and
rebuilt. He stated that when the process started, it was realized that
the Water and Sewer Funds had no retained earnings; that he was mindful
344
of the financial requirements to provide for the necessary capital pro-
jects over a reasonable period of time, as well as the need to stabi-
lize reserves to meet further crises and for daily operating expenses,
but most importantly, it was desired to lessen the impact to whatever
extent possible for the citizens who pay for the service. He advised
that tile consultant's recommendation called for a 60 1/2 per cent
increase in water rates and a 97 per cent increase in sewer rates;
however, the Administration was recommending a 12.11 per cent increase
in water rates and a 12.96 per cent increase in sewer rates each year
for the next five years, with the first increase becoming effective on
October 1, 1990, and for the next four years on July 1 as outlined in
Attachment B to the report. He called attention to other recommen-
dations such as fee changes for fire protection, septic tank disposal
charges, water connection fees for domestic and fire services and spe-
cial charges. He also called attention to another important recommen-
dation which is the elimination of the bottom rate of the regressive
scale, effective July 1, 1991, and the next to the bottom rate elimina-
tion of the regressive rate on July 1, 1992. He advised that the abo-
vestated recommendation will fund capital requirements as outlined by
the City Manager, noting that the average residential customer who is
currently paying 28 cents per day will pay 31 cents per day for the
first year and 45 cents per day during the fifth year.
The City Manager advised that when he began to seriously consider
the timing and the recommendation he might bring to Council, he formed
a system of committees to advise and have input known as a water and
sewer rate citizens committee and a water and sewer facilities plan
professional committee. He further advised that members of the water
and sewer rate citizens committee consisted of Ms. Kathy Hill, Mr.
Bittle Porterfield, Mr. Lewis Hartman, Ms. Mildred Prater, Mr. Lewis
Ellis, Mr. Sherman Franklin, Mr. Eldridge Chambers, Ms. Florine
Thornhill, Mr. Charles Trent, and Mr. Cecil Kinser. He stated that
these citizens spent a number of evenings dealing with City staff and
they had access to the same information that has been furnished to
Council because City staff was looking for direction as to whether the
project made sense and whether it was needed. He stated that a pro-
fessional committee was appointed as well composed of representatives
of some of the larger users of water consisting of Mr. Ray Sarver, a
plumber, Mr. E. C. Pace, a contractor, Mr. James Douthat, an attorney,
Mr. Brian Wishneff, City Planner, Mr. Wayne Craig, an engineer, Mr.
Samuel Lionberger, a developer, Mr. Frank Boxley, a contractor, Mr.
A. Byron Smith, a local businessman, Mr. Pat Shaffner, an architect,
and Mr. Steven Mancuso, Valley Metro. He added that these citizens and
business persons had an impact in terms of the recommendation which was
submitted to CoIJncil and how the rate structure will be affected.
Mr. Louis E. Ellis, 1502 Sherwood Avenue, S. W., representing a
group of concerned citizens who served on the water and sewer advisory
committee, advised that after careful deliberation, it has become
apparent that major improvements are required to both the water and
sewer systems, with the cost of implementation to be significant and
unavoidable. He stated that it is imperative that the locality main-
tain efficient and reasonable delivery of basic services to the citi-
zens; that citizens have enjoyed a bargain in the form of water and
sewer service facilities for a number of years, while the City has
maintained the quality of these services, and in order to insure
proper levels of water delivery, to increase the wastewater treatment
345
II
m
capacity and to provide water quality assurances, citizens must face
the reality of the costs involved in delivering these services. He
explained that the proposal before Council is to increase the daily
cost over five years to that of a can of soda for the average household
at today's prices. He stated that the proposed improvements and expla-
nations are responsible and necessary and urged that Council support
the recommendation of the City Manager and the Director of Finance.
Council Member Bowles, Chairman of the Water Resources Committee,
advised that by majority vote, the Water Resources Committee concurred
in the City Manager's recommendation.
Following discussion of the recommendation, Mr. Trout proposed
that Council consider a one year water rate increase and a one year
sewer rate increase and that $797,000.00 be transferred from the pro-
posed pedestrian bridge over The Norfolk and Western Railway tracks
from the Dominion Tower to The Hotel Roanoke to the Falling Creek
Filter Plant account, in order to provide sufficient funds for improve-
ments to the Falling Creek Filter Plant.
Upon question, the Director of Finance advised that Mr. Trout's
proposal would solve the immediate problems in the Water and Sewer
Funds; however, to his knowledge, it would be the first time in the
history of the City of Roanoke that an Enterprise Fund would be supple-
mented, other than the Civic Center Fund which is normally supplemented
from the General Fund. He stated that the history of the Water and
Sewer Funds is that the rates have always maintained that function, and
expressed concern that if at a later date Council wishes to proceed
with the pedestrian bridge, that amount of money would have to be
appropriated in the General Fund which could prove to be difficult.
He stated that in accounting terms, Council has the right to do exactly
what Mr. Trout has proposed, advising that if the water rate is
increased by 12.11 per cent, effective October 1, 1990, that action
would provide $238,000.00 and would allow him to certify funds for the
Falling Creek Filter Plant improvements, but would not provide suf-
ficient funds should there be other large capital requirements needed
in the Water Fund.
Mr. Schlanger advised that if the sewer rate is increased by
12.96 per cent for one year, that action would provide an additional
$518,0D0.00 per year and only $388,000.00 in the coming fiscal year,
assuming that the increase is made effective October 1, 1990. He added
that such an increase would not solve the problem in the Sewer Fund
inasmuch as there is presently a one-half million dollar deficit.
Mr. Fitzpatrick expressed concern over commitments which have been
made by Council to Virginia Tech or whomever the hotel developer may be
and the precedent that would be set if Council votes to take funds
already committed to the pedestrian bridge in order to subsidize water
and sewer rates, which, in the past, have been subsidized by user fees.
346
ACTION:
ACTION:
ACTION:
Mr. Trout offered a substitute motion that Council approve a one
time sewer rate increase of 12 per cent and a one time water rate
increase of 12 per cent; that funds in the amount of $797,000.00 be
transferred, temporarily, from the proposed pedestrian bridge over the
Norfolk and Western Railway tracks from the Dominion Tower to The Hotel
Roanoke to the Falling Creek Filter Plant account; that Council retain
the current regressive rate structure; and that Council approve con-
nection fees as proposed by the City Manager. The motion was seconded
by Mr. Musser.
There was discussion with regard to transferring the pedestrian
bridge funds to the Falling Creek Filter Plant project in which the
Director of Finance advised that Mr. Trout's proposal has merit for the
pure reason that the Falling Creek Project should and must be done;
however, he stated that it is not his recommendation that it is in the
best interest of the City to carry out Mr. Trout's proposal. He
further stated that this would be the first time in the history of the
City of Roanoke that a City Council has taken funds which were set
aside in a capital project for another purpose and used those funds to
subsidize the Water and Sewer Funds which have always been supported by
user fees.
At the request of certain Members of Council, the Mayor declared
the meeting in recess at 4:35,
At 4:40 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
Following discussion, the substitute motion offered by Mr. Trout,
seconded by Mr. Musser, was lost by the following vote:
AYES: Council Members Bowers, Musser and Trout ..........
.3.
NAYS: Council Members Bowles, Fitzpatrick, Garland and Mayor
Tayl or ........ 4.
Mr. Bowers offered a substitute motion that Council approve a one
time 12 per cent increase in the water rate and a one time 12 per cent
increase in the sewer rate; approve connection fees proposed by the
City Manager; retain the current regressive rate structure; and request
that the City Manager report to Council with a recommendation on
funding for improvements to the Falling Creek Filter Plant. The motion
was seconded by Mr. Musser.
Upon question, the Director of Finance advised that if the substi-
tute motion is adopted, he would be in a position to certify funds for
the Falling Creek Filter Plant improvements.
The substitute motion was then adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....... 7.
NAYS: None .............. O.
347
Ill
ACTION:
ACTION:
ACTION:
As a result of the action taken by Council, the City Attorney
reviewed certain revisions that would be necessary to a proposed reso-
lution presently before the Council. He also pointed out that it would
be necessary to amend the exhibit which has been changed from Attach-
merit B to Attachment H.
Mr. Bowers moved that Council approve the amendments as set forth
by the City Attorney. The motion was seconded by Mr. Trout and unani-
mously adopted.
Resolution No.30118-62590 as amended, was then adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .............. 7.
NAYS: None ...........
PARKS AND PLAYGROUNDS-ARMORY/STADIUM: The City Manager submitted
a written report concurring in a report of a bid committee with regard
to air conditioner replacement at the National Guard Armol~, roof
replacement at the Olde Mill Building, and office and storage buildings
for the Mill Mountain Zoo.
The bid committee recommended that Council authorize the City
Manager to enter into contractual agreements with Johnson-Vest Electric
Corporation for air-conditioning at the National Guard Armory, in the
total amount of $30,362.00; and Leonard Aluminum Utility Buildings,
Inc., for three buildings for office and storage, in the total amount
of $10,532.00; authorize the Manager of General Services to execute a
purchase order for roof replacement of Olde Mill Building at the Mill
Mountain Zoo with Forest Hill Associates, Inc., in the amount of
$3,888.00; and authorize the Director of Finance to transfer $42,004.00
from Maintenance Fixed Asset Contingency, Account No. 001-002-g410-
2201, and $2,778.00 from the General Fund Contingency, Account No.
001-002-9410-219g, to Building Maintenance, Account No. 001-052-4330-
3056, for said projects.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30119-62590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 677.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 3011g-62590.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............... 7.
NAYS: None .......... O.
348
ACTION:
ACTION:
Mr. Musser offered the following Resolution:
(#30120-62590) A RESOLUTION accepting the bid of Johnson-Vest
Electric Corporation made to the City for air conditioning replacement
at the National Guard Armory, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; and rejecting all other bids made to the City for the
work.
(For full text of Resolution, see Resolution Book No. 51, page 678.)
Mr. Musser moved the adoption of Resolution No. 30120-62590. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ......... 7.
NAYS: None ........
-0.
BUDGET-SALE/PURCHASE OF PROPERTY-CAPITAL MAINTENANCE AND EQUIPMENT
REPLACEMENT PROGRAM: The City Manager submitted a written report
advising that the 1989-90 Capital Maintenance and Equipment Replacement
Program (CMERP) was recommended to Council in a report of the City
Manager on October 3, 1989, and Council concurred in said report; that
the Program designated $368,000.00 for the renovation of buildings
located at 118 - 124 Campbell Avenue, in order to house City depart-
ments currently located in downtown rental space, that a contract to
develop preliminary building renovation plans was awarded to Horner and
Associates, pursuant to action of Council on January 2, 1990; that an
asbestos abatement contract was approved by Council on June 11, 1990,
in the amount of $64,955.00; and designated funds remaining in the
1989-90 CMERP, in the amount of $341,716.00, need to be appropriated to
an account to be designated by the Director of Finance to support the
continuation of planning/analysis activities requisite to developing
final building plans and specifications.
The City Manager recommended that Council appropriate $341,716.00
from the 1989-90 CMERP to the Capital Projects Fund to an account to be
designated by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#30121-62590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Capital Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 678.)
Mr. Garland moved the adoption of Ordinance No. 30121-62590. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
349
ACTION:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........... 7.
NAYS: None ...................
REFUSE COLLECTION: The City Manager submitted a written report
concurring in a report of a bid committee with regard to collection
service of bulk containers at city owned facilities, such as the
Municipal Building.
The bid committee recommended that Council award a contract to
Handy Dump, Inc., subject to approval by the City Attorney, for pro-
viding bulk container collection service to the City, at a unit price
of $8.25 for each time a container is emptied, for a period of one
year, from July 1, 1990, through June 30, 1991; and reject all other
bids received by the City.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30122-62590) A RESOLUTION accepting the bid of Handy Dump,
Inc., to provide bulk container collection service for the City's con-
tainers, on a unit price basis, for a one (1) year term, and rejecting
all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 51, page 679.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30122-62590.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ................ 7.
NAYS: None ......... O.
PARKS AND PLAYGROUNDS-ARMORY/STADIUM: The City Manager submitted
a written report advising that Virginia Amateur Sports, Inc., is
planning and implementing the Virginia CorEast Games, which are a
multi-sport, sometimes referred to as a sports festival involving both
Olympic and non-Olympic sports; that objectives are to promote health,
fitness and the spirit of Olympic competition, create entertainment,
attract local citizens, and bring thousands of visitors to Roanoke; and
Virginia Amateur Sports, Inc., will host events con~nencing Thursday,
July 5, and ending Sunday, July 8, 1990.
It was further advised that criteria established, pursuant to
Resolution No. 24982, for waiving the fee for use of Victory Stadium,
National Guard Armory, River's Edge Sports Complex and Fallon Park use,
351
ACTION:
reflect specific operating circumstances and market conditions; and
potential additional revenue identified by David M. Griffith through
the revision of existing customer service charges and imposition of new
service charges is $3,558,432.00, however, $2,380,000.00 of said total
would be generated from service charges for residential refuse collec-
tion which is not being recommended.
It was explained that a summary of recommended customer service
charge changes is set forth as Exhibit II in the Customer Service
Charge Recommendations Fiscal Year 1990-91; that total estimated addi-
tional revenue which would be generated is $322,167.00; that other
attachments to the report provide additional documentation relating to
the methodology and philosophy employed by the consultant in the per-
formance of the study, and specific information as to the service
charge changes recon~ended by the consultant and by the City Manager;
and funding of supplemental budgets adopted by Council for fiscal year
1990-91 is dependent upon the adoption of the service charge changes by
Council.
The City Manager recommended that Counci.~F.~_oncur in the implemen-
tation of the recommended customer service ch(~.~j~" changes during fiscal
year 1990-91, and refer the recommended customer service charge changes
to the City Attorney for preparation of the proper measure to update
the Fee Compendium and the City Code.
(For full text, see report and Customer Service Charge Recommendations
Fiscal Year 1990-91 on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30124-62590) A RESOLUTION establishing certain fees, rates,
assessments and charges to be levied by the City on and after July 1
1990. '
(For full text of Resolution, see Resolution Book No. 51, page 681.)
Mrs. Bowles moved the adoption of Resolution No. 30124-62590. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....... -7.
NAYS: None .......
GRANTS-PLANNING: The City Manager submitted a written report
advising that Counci) authorized the filing of a Community Development
Block Grant (CDBG) application with the Department of Housing and Urban
Development (HUD) for fiscal year 1990-91 on May 14, 1990, pursuant to
Resolution No. 30041-51490; that approval was received pursuant to a
communication under date of June 18, 1990; that grant approval is for
the amount requested by the City or $1,563,000.00; that the report
includes $520,788.00 in expected CDBG Program income from parking
receipts, Housing Authority rehabilitation loan repayments, Cooper
Industries land lease, Coca-Cola UDAG loan repayment and interest pay-
352
ACTIOH:
ment from Downtown Associates for a short-term loan; and $319,454.00
needs to be transferred from older projects to projects included in the
fiscal year 1990-91CDBG program.
The City Manager recommended that Council adopt a resolution
accepting fiscal year 1990-91CDBG funds approved by HUD and that he be
authorized to execute the requisite grant agreement, funding approval,
and any other forms required by HUD on behalf of the City in order to
accept such funds; appropriate $2,083,788.00 to revenue and expenditure
accounts in a Grant Fund to be established by the Director of Finance;
and transfer $319,454.00 from older accounts to Grant Fund accounts, as
follows:
Historic Building Loans
Downtown Design Assist
Downtown Facade Grants
Unprogrammed CDBG
Quick Response to £mer.
Deanwood
Shaffers Crossing
NW Curb, Gutter, etc.
Azalea Gardens-pub. impr.
Fairfax Avenue Clearance
Critical Home Repair
Quick Response to Emer.
(035-088-8837-5169)
(035-088-8837-5200)
(035-088-8837-5201)
(035-088-8840-5183)
(035-088-8820-5203)
(035-088-8830-5131)
(035-088-8830-5145)
(035-089-8937-5190)
(035-089-8937-5204)
(035-089-8920-5172)
(035-089-8920-5101)
(035-089-8920-5203)
$(75,000.00)
10,000.00
65,000.00
(1,583.00)
1,583.00
(42,871.00)
42,871.00
(200,000.00)
156,000.00
30,000.00
6,065.00
7,935.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30125-62590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emer§ency.
(For full text of Ordinance, see Ordinance Book No. 51, page 682.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30125-62590.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....... 7.
NAYS: None ........
Mr. Bowers offered the following Resolution:
(#30126~62590) A RESOLUTION accepting a certain Community
Development Block Grant offer made to the City by the United States
Department of Housing and Urban Development for funds for Program Year
1990-1991; and authorizing execution of the City's acceptance of such
grant and the agreement on behalf of the City to comply with the terms
and conditions of the grant and applicable laws, regulations, and
requirements pertaining thereto.
(For full text of Resolution, see Resolution Book No. 51, page 683.)
353
ACTION:
ACTION:
Mr. Bowers moved the adoption of Resolution No. 30126-62590. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........... 7.
NAYS: None .............. O.
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the financial
report of the City of Roanoke for the month of May, 1990.
(For full text, see financial report on file in the City Clerk's
Office.)
Mr. Musser moved that the financial report be received and filed.
The motion was seconded by Mr. Trout and unanimously adopted.
CITY ATTORNEY:
HANDICAPPED PERSONS: The City Attorney submitted a written report
advising that he recently appeared before the Mayor's Committee for the
Disabled to discuss the issue of handicapped parking; that in preparing
for the meeting with the Committee, he noticed an inconsistency in the
City Code with respect to the penalties for violation of the City's
handicapped parking regulations; that the penalty for parking in a
space reserved for handicapped persons on a public street carries a
$5.00 fine; that the penalty for parking in a space reserved for han-
dicapped persons on public property or in privately owned parking areas
open to the public carries a $25.00 fine; and more recently, Dr.
Charles L. Downs, President of Virginia Western Community College, has,
by communication under date of June 5, 1990, requested that Council
increase the penalty for parking in a space reserved for handicapped
persons on the college campus from $5.00 to $25.00.
The City Attorney further advised that he was of the opinion that
the fine for parking in a handicapped space should be $25.00,
regardless of the location of the space; and recommended that Council
adopt a measure providing for a uniform $25.00 fine for handicapped
parking violations which would apply to the following:
parking in a space reserved for handicapped persons
on a public street;
parking in a space reserved for handicapped persons
on public property;
parking in a space reserved for handicapped persons
in any privately owned parking area open to the
public; and
354
ACT[ON:
parking in a space reserved for handicapped persons
on the premises of Virginia Western Community
College.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
"AN ORDINANCE amending and reordaining the Code of the City of
Roanoke (1979), as amended, by repealing subsection (11) of §20-65,
~a. rkin~ prohibited in specified places, and amending §20-76, Parking in
spaces reserved for handicapped persons; the repealed and amended sec-
tions establishing the parking violation of parking in a space reserved
for handicapped persons and setting forth a penalty therefor; and pro-
viding for an emergency"
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout.
Mr. Fitzpatrick spoke in favor of amending the ordinance to pro-
vide for a fine of $50.00 per violation.
Mr. Sloan H. Hoopes, 2023 Maiden Lane, S. W., President of the
Mayor's Committee for the Disabled, appeared before Council and
expressed appreciation for Mr. Dibling's efforts; however, he stated
that the Committee feels that the fine should be $50.00 for the first
violation, $75.00 for the second violation and a maximum of $100.00 for
the third and each violation thereafter due to the disregard that many
people have for parking in the handicapped spaces. Ne added that to
his knowledge in the downtown area, on the public streets bordered by
Salem Avenue, Franklin Road, Williamson Road and Fifth Street, there
are only six designated handicapped parking spaces.
Mr. George W. Sanderson, 144 Monterey Avenue, N. E., appeared
before Council and advised that if the handicapped parking spaces are
not properly defined, able bodied persons will use them. He stated
that a true deterrent needs to be in effect and the proposed $25.00
fine will not accomplish that goal.
Mr. William Martin, 310 Franklin Road, S. W., representing
Paralyzed Veterans of America, appeared before Council and advised that
a $25.00 fine is not adequate to deter people from parking in handicap-
ped parking spaces, and stated that the Police Department cannot ade-
quately supervise the handicapped parking spaces. He added that when
an able bodied person, for his or her own personal convenience, uses a
handicapped parking space, frequently it means that the handicapped
person cannot conduct his or her business because he or she has no
place to park; that violators know exactly what they are doing, there-
fore, there is no excuse for parking in spaces designated for the
handicapped. He requested that Council take into consideration the
fact that the Mayor's Committee for the Disabled is in support of the
progressive $50.00, $75.00 and $100.00 fine for violations.
ACTION:
ACTION:
ACTION:
Mr. Fitzpatrick moved that the ordinance be amended to provide for
a $100.00 fine for each violation of parking in a handicapped parking
space. The motion was seconded by Mr. Musser.
There was discussion with regard to installation of signs
informing the public that violation of the handicapped parking spaces
will carry a $100.00 fine, in which the City Attorney advised that
the Code of Virginia requires that there be above ground signs; that a
vast majority of the signs are on private property as opposed to public
property; that the City cannot dictate the type of signs that will be
used on private property; and the possibility exists that if the fine
is raised too high, private property owners might remove their handi-
capped parking spaces.
Following discussion, Mr. Bowers moved that the matter be deferred
for a period of two weeks in order that the Mayor's Committee for the
Disabled, Mr. Martin and Mr. Sanderson may confer with the City Manager
and the City Attorney with regard to a compromise proposal on the issue
of the amount of the fine for each violation, as well as adequate
notice to the public.
There being no second, the Mayor declared the motion lost.
Mr. Bowers offered a substitute motion that the proposed ordinance
be amended to provide for appropriate signage at all City locations to
the effect that violation of the handicapped parking space will invoke
a $100.00 fine. The motion was seconded by Mr. Garland.
The City Attorney advised that it will be necessary for him to
redraft the measure. He called attention to the fines to be imposed by
Virginia Western Community College for violation of the handicapped
parking spaces on campus and advised that he would relay to President
Charles L. Downs, that Council is of the opinion that the fine should
be $100.00 on City property. He stated that he would redraft the
measure to provide for a $100.00 fine for violations on all City pro-
perty and inquire as to the wishes of Virginia Western Community
College regarding on campus violations.
As a part of the substitute motion, Mr. Bowers further moved that
action on the matter be deferred until the regular meeting of Council
on Monday, July 9, 1990. The motion was seconded by Mr. Garland and
adopted, Mr. Fitzpatrick voting no.
CITY CODE: The City Attorney submitted a written report advising
that from prior years, Council has reenacted and recodified the City
Code on an annual basis in order to properly incorporate in the Code
amendments made by the General Assembly at the previous Session to
State statutes that are incorporated by reference in the City Code,
which insures that the ordinances codified in the City Code incorporate
the current provisions of State law.
356
ACTION:
It was further advised that incorporation by reference is fre-
quently utilized in order to prevent having to set out lengthly provi-
sions of State statues in their entirety; that in addition, the
technique ensures that local ordinances are always consistent with
State law as is generally required; that the procedure whereby a local
governing body adopts statutes by reference after action of the General
Assembly has been approved by the Attorney General; whereupon, the City
Attorney recommended that Council adopt a measure to readopt and
reenact the Code of the City of Roanoke (1979), as amended.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#30127-62590) AN ORDINANCE to readopt and reenact the Code of
the City of Roanoke (1979), as amended; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 684.)
Mr. Bowers moved the adoption of Ordinance No. 30127-62590. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........... 7.
NAYS: None ........................
REPORTS OF COMMITTEES:
WATER DEPARTMENT: Council Member Robert A. Garland, Chairman of
a bid committee appointed by the Mayor to tabulate bids received for
Phase 2 of the Falling Creek Filter Plant, presented a written report
on behalf of the committee recommending that Council authorize the City
Manager to enter into a contractual agreement with Acorn Construction,
Ltd., in the amount of $1,004,119.00 and 335 consecutive calendar days
to complete Phase 2 of the Falling Creek Filter Plant, in accordance
with contract documents as prepared by Hayes, Seay, Mattern and
Mattern, Inc.; and appropriate funds from the Water Fund Previous
Years' Retained Earnings to a project account to be established by the
Director of Finance for Phase I of the contract, as follows:
Contract Amount
Project Contingency
$1,004,119,00
50,881.00
Total $1,055,000.00
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
357
ACTION:
ACTION:
Mr. Garland offered the following emergency budget Ordinance:
(#30128-62590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Water Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 686.)
Mr. Garland moved the adoption of Ordinance No. 30128-62590. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ......... 7.
NAYS: None .........
Mr. Garland offered the following emergency Ordinance:
(#30129-62590) AN ORDINANCE accepting the bid of Acorn
Construction, Ltd., for certain water treatment plant equipment and
renovations for the Falling Creek Water Plant, upon certain terms and
conditions, and awarding a contract therefor; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 686.)
Mr. Garland moved the adoption of Ordinance No. 30129-62590. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .......... _ ...... 7.
NAYS: None .........
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 6:55 p.m., the Mayor declared the meeting in recess.
At 7:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all Members of the Council in attendance.
358
ACTION:
COUNCIL: Mr. Trout moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .............. -7.
NAYS: None ........
HOUSING (HOUSING AUTHORITY): The Mayor advised that there is a
vacancy on the City of Roanoke Redevelopment and Housing Authority
created by the death of Mr. Percy T. Keeling, Sr., for a term ending
August 31, 1992, and called for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Mr. Wallace I.
Allen.
ACTION:
ACTION:
There being no further nominations, Mr. Wallace I. Allen was
elected as a member of the Roanoke Redevelopment and Housing Authority
to fill the unexpired term of Mr. Percy T. Keeling, Sr., deceased, for
a term ending August 31, 1992, by the followng vote:
FOR MR. ALLEN: Council Members Bowers, Bowles, Fitzpatrick,
Garland, Musser, Trout and Mayor Taylor- ....... .-7.
SCHOOLS (JEFFERSON IlIGH SCHOOL): The Mayor advised that the one
year terms of Ms. Vaunda Leftwich, Messrs. Beverly T. Fitzpatrick, Sr.,
Horace G. Fralin, Theodore J. Edlich, III, and Richard A. Dearing as
members of the Jefferson High School Committee will expire on June 30,
1990, and called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Ms. Vaunda Leftwich,
and Messrs. Beverly T. Fitzpatrick, Sr., Horace G. Fralin, Theodore J.
Edlich, III, and Richard A. Dearing.
There being no further nominations, Ms. Leftwich, and Messrs.
Fitzpatrick, Fralin, Edlich, Dearing were reelected as members of the
Jefferson High School Committee for terms of one year each, ending June
30, 1991, by the following vote:
FOR MS. LEFTWICH AND MESSRS. FITZPATRICK, FRALIN, EDLICH AND
DEARING: Council Members Bowers, Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor ...... 7.
PARKS AND PLAYGROUNDS (MILL MOUNTAIN DEVELOPMENT COMMITTEE): The
Mayor advised that the one year terms of Ms. Betty C. Winfree, Ms.
Frances S. Boon and Messrs. Robert N. Fishburn, M. Carl Andrews, Carl
H. Kopitzke and L. Thompson Hanes as members of the Mill Mountain
Development Committee will expire on June 30, lggO, and called for
nominations to fill the vacancies.
359
ACTION:
ACTION:
ACTION:
Mr. Garland placed in nomination the names of Ms. Betty C.
Winfree, Ms. Frances S. Boon and Messrs. Robert N. Fishburn, M. Carl
Andrews and L. Thompson Hanes.
There being no further nominations, Ms. Winfree, Ms. Boon and
Messrs. Fishburn, Andrews and Hanes were reelected as members of the
Mill Mountain Development Committee for terms of one year each, ending
June 30, 1991, by the following vote:
FOR MS. WINFREE, MS. BOON AND MESSRS. FISHBURN, ANDREWS AND HANES:
Council Members Bowers, Bowles, Fitzpatrick, Garland, Musser, Trout and
Mayor Taylor .... 7.
WATER DEPARTMENT (ADVISORY COMMITTEE - CRYSTAL SPRING PUMPING
STATION): The Mayor advised that the one year terms on Messrs.
David H. Burrows, James M. Kincanon, Philip H. Lemon, Richard L.
Meagher, Thomas D. Taylor, Robert W. Woody, James H. Buck, Lawrence M.
Taylor and Robert W. Boyd as members of the Advisory Con~nittee -
Crystal Spring Pumping Station, will expire on June 30, 1991, and
called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Messrs. David A.
Burrows, James M. Kincanon, Philip H. Lemon, Richard L. Meagher, Thomas
D. Taylor, Robert W. Woody, James H. Buck, Lawrence M. Taylor and
Robert W. Boyd.
There being no further nominations, Messrs. Burrows, Kincanon,
Lemon, Meagher, Taylor, Woody, Buck, Taylor and Boyd were reelected as
members of the Advisory Committee - Crystal Spring Pumping Station, for
terms of one year each, ending June 30, 1991, by the following vote:
FOR MESSRS. BURROWS, KINCANON, LEMON, MEAGHER, TAYLOR, WOODY,
BUCK, TAYLOR AND BOYD: Council Members Bowers, Bowles, Fitzpatrick,
Garland, Musser, Trout and Mayor Taylor-- 7.
Mr. Garland moved that the City residency requirement for Mr. Buck
be waived in this instance. The motion was seconded by Mr. Fitzpatrick
and unanimously adopted.
FLOOD REDUCTION/CONTROL PROJECT (FLOOD PLAIN COMMITTEE): The
Mayor advised that the one year terms of Messrs. Harold L. Shaffer,
Samuel O. Krish, III, Edgar V. Wheeler, Read A. Lunsford, J. T.
Hopkins, Jr., Jim Sailors, George L. Pitzer, James F. Williams,
Robert H. Bennett, Jr., and Terry N. Grimes as members of the Flood
Plain Committee will expire on June 30, 1990, and called for nomina-
tions to fill the vacancies.
Mr. Garland placed in nomination the names of Messrs. Harold L.
Shaffer, Samuel J. Krisch, III, Edgar V. Wheeler, Read A. Lunsford,
J. T. Hopkins, Jr., Jim Sailors, George L. Pitzer, James F. Williams,
Robert H. Bennett, Jr., and Terry N. Grimes.
36O
ACTION:
ACTION:
ACTION:
ACTION:
There being no further nominations, Messrs. Shaffer, Krisch,
Wheeler, Lunsford, Hopkins, Sailors, Pitzer, Williams, Bennett, and
Grimes were reelected as members of tile Flood Plain Committee for terms
of one year each, ending June 30, 1991, by the following vote:
FOR MESSRS. SHAFFER, KRISCH, WHEELER, LUNSFORD, HOPKINS, SAILORS,
PITZER, WILLIAMS, BENNETT AND GRIMES: Council Members Bowers, Bowles,
Fitzpatrick, Garland, Musser, Trout and Mayor Taylor ................. 7.
Mr. Garland moved that the City residency requirement for Mr.
Sailors be waived in this instance. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
WAR MEMORIAL COMMITTEE: The Mayor advised that the one year terms
of Messrs. Thomas R. Plymale, William B. Bagbey and Alfred C. Moore as
members of the War Memorial Committee will expire on June 30, 1990, and
called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Messrs. Thomas R.
Plymale, William B. Bagbey and Alfred C. Moore.
There being no further nominations, Messrs. Plymale, Bagbey and
Moore were reelected as members of the War Memorial Committee for terms
of one year each, ending June 30, 1991, by the following vote:
FOR MESSRS. PLYMALE, BAGBEY AND MOORE: Council Members Bowers,
Bowles, Fitzpatrick, Garland, Musser, Trout and Mayor Taylor ......... 7.
Mr. Garland moved that the City residency requirement for Mr.
Thomas R. Plymale be waived in this instance. The motion was seconded
by Mr. Fitzpatrick and unanimously adopted.
CITIZENS' SERVICES COMMITTEE: The Mayor advised that the one year
terms of Ms. Bernice F. Jones, Ms. Robbie H. Burton and Messrs. James
D. Ritchie, Stanley R. Hale, Harold P. Kyle, Raleigh Campbell and
Alphonso McCain as members of the Citizens' Services Committee will
expire on June 30, 1990, and called for nominations to fill the vacan-
cies.
Mr. Garland placed in nomination the names of Ms. Bernice F.
Jones and Messrs. James D. Ritchie, Stanley R. Hale, Harold P. Kyle,
Raleigh Campbell and Alphonso McCain.
There being no further nominations, Ms. Jones and Messrs. Ritchie,
Kyle, Campbell and McCain were reelected as members of the Citizens'
Services Committee for terms of one year each, ending June 30, 1991, by
the following vote:
FOR MS. JONES AND MESSRS. RITCHIE, HALE, KYLE, CAMPBELL AND
MCCAIN: Council Members Bowers, Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor ........ 7.
361
ACTION:
ACTION:
CELEBRATIONS (SPECIAL EVENTS COMMIITEE): The Mayor advised that
the one year terms of Ms. Carol B. Dalhouse, Ms. Virginia C. Nave, Ms.
Nina C. Bolden, Ms. Dana B. Lee, Ms. Mary E. Kepley, Ms. Lin D. Chaff,
and Messrs. James C. Butler, Greg T. Trafidlo, Samuel G. Oakey, Jr.,
Marc J. Small, Lex P. Gibson, and Greg Feldmann as members of the
Special Events Committee will expire on June 30, 1990, and called for
nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Ms. Carol B.
Dalhouse, Ms. Virginia C. Nave, Ms. Lin D. Chaff and Messrs. Marc J.
Small, Lex P. Gibson, and Greg Feldmann.
There being no further nominations, Ms. Dalhouse, Ms. Nave, Ms.
Chaff and Messrs. Small, Gibson, and Feldmann were reelected as members
of the Special Events Committee for a term of one year each, ending
June 30, 1991, by the following vote:
FOR MS. DALHOUSE, MS. NAVE, MS. CHAFF AND MESSRS. SMALL, GIBSON
AND FELD~NN: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor--- 7.
LIBRARIES: The Mayor advised that the three year terms of Dr. Leo
Platt, Ms. Elizabeth B. Watts and Mr. Philip C. Coulter as members of
the Roanoke Public Library Board will expire on June 30, 1990, and
called for nominations to fill the vacancies.
Mr. Garland placed in nomination the name of Ms. Elizabeth B.
Watts.
There being no further nominations, Ms. Watts was reelected as a
member of the Roanoke Public Library Board for a term of three years
ending June 30, 1993, by the following vote:
FOR MS. WATTS: Council Members Bowers, Bowles, Fitzpatrick,
Garland, Musser, Trout and Mayor Taylor- 7.
PENSIONS: The Mayor advised that the four year terms of Ms.
Frances S. Boon and Messrs. L. Bane Coburn, Richard B. Sarver and F.
Wiley Hubbell as members of the Board of Trustees, City of Roanoke
Pension Plan, will expire on June 30, 1990; that Ms. Boon and Mr.
Sarver are not eligible for reappointment inasmuch as Ms. Boon has
completed her third consecutive term of office and the position of Mr.
Sarver rotates between a member of the Fire Department and a member of
the Police Department, and called for nominations to fill the vacan-
cies.
Mr. Garland placed in nomination the names of Messrs. L. Bane
Coburn and F. Wiley Hubbell.
There being no further nominations, Messrs. Coburn and Hubbell
were reelected as members of the Board of Trustees, City of Roanoke
Pension Plan, for terms of four years each, ending June 30, 1994, by
the following vote:
362
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
FOR MESSRS. COBURN ArID HUBBELL: Council Members Bowers, Bowles,
Fitzpatrick, Garland, Musser, Trout and Mayor Taylor ................. 7.
Mr. Garland moved that the City residency requirement for Mr.
Coburn be waived in this instance. Tile motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
FIRE DEPARTMENT (BOARD OF FIRE APPEALS): The Mayor advised that
the four year terms of Messrs. Corbin L. Wilson and S. L. Lovelace as
members of the Board of Fire Appeals will expire on June 30, 1990, and
called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Messrs. Corbin L.
Wilson and S. L. Lovelace.
There being no further nominations, Messrs. Wilson and Lovelace
were reelected as members of the Board of Fire Appeals for a term of
four years each, ending June 30, 1994, by the following vote:
FOR MESSRS. WILSON AND LOVELACE: Council Members Bowers, Bowles,
Fitzpatrick, Garland, Musser, Trout and Mayor Taylor ......... 7.
ECONOMIC DEVELOPMENT COMMISSION: The Mayor advised that the three
year terms of Messrs. Garry C. Davis, Alvin L. Nash and Robert C.
Lawson, Jr., as members of the Economic Development Commission will
expire on June 30, 1990, and called for nominations to fill the
vacancies.
Mr. Garland placed in nomination the names of Messrs. Garry C.
Davis and Robert C. Lawson, Jr.
There being no further nominations, Messrs. Davis and Lawson were
reelected as members of the Economic Development Commission for terms
of three years each, ending June 30, 1993, by the following vote:
FOR MESSRS. DAVIS AND LAWSON: Council Members Bowers, Bowles,
Fitzpatrick, Garland, Musser, Trout and Mayor Taylor ........ 7.
ROANOKE ARTS COMMISSION: The Mayor advised that the three year
terms of Ms. Vicki Stauffer, Ms. Anne B. Macfarlane, Ms. Susan J. Cole,
Dr. Ruth S. Appelhof and Mr. Ernest M. Johnson as members of the
Roanoke Arts Commission will expire on June 30, 1990, and called for
nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Ms. Vicki Stauffer
and Dr. Ruth S. Appelhof.
There being no further nominations, Ms. Stauffer and Dr. Appelhof
were reelected as members of the Roanoke Arts Commission for terms of
three years each, ending June 30, 1993, by the following vote:
FOR MS. STAUFFER AND DR. APPELHOF: Council Members Bowers,
Bowles, Fitzpatrick, Garland, Musser, Trout and Mayor Taylor ......... 7.
363
ACTION:
Nr. Garland moved that the City residency requirement for DF-.
Appelhof be waived in this instance. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
PERSONNEL DEPARTMENT (PERSONNEL AND EMPLOYMENT PRACTICES COMMIS-
SION): The Mayor advised that the three year terms of Ms. Judy D.
Jackson and Messrs. L. Bane Coburn and Mel H. Lipton as members of the
Personnel and Employment Practices Commission will expire on June 30,
1990, and called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Ms. Judy D. Jackson
and Messrs. L. Bane Coburn and Mel H. Lipton.
There being no further nominations, Ms. Jackson and Messrs. Coburn
and Lipton were reelected as members of the Personnel and Employment
Practices Commission for terms of three years each, ending June 30,
1993, by the following vote:
ACTION: FOR MS. JACKSON AND MESSRS. COBURN AND LIPTON: Council Members
Bowers, Bowles, Fitzpatrick, Garland, Musser, Trout and Mayor Taylor-7.
ACTION:
Mr. Garland moved that the City residency requirement for Mr.
Coburn be waived in this instance. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
COUNCIL-TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY, INC.:
The Mayor advised that with the concurrence of Council, and pursuant to
the request presented earlier in the meeting by Mr. E. Cabell Brand,
President, Total Action Against Poverty, he was appointing Council
Members Elizabeth T. Bowles, David A. Bowers and Howard E. Musser to
work with the City Manager and TAP officials and staff with regard to a
study of alternative for a new headquarters facility for TAP.
There being no further business, the Mayor declared the meeting
adjourned at 7:20 p.m.
APPROVED
ATTEST: k~t~
r-~ ~Clty ~~r
364
ORGANIZATIONAL MEETING ROANOKE CITY COUNCIL
July 2, 1990
2:00 p.m.
The Council of the City of Roanoke held its organizational meeting on
Monday, July 2, 1990, at 2:00 p.m., in the Council Chamber, fourth floor of the
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor
Noel C. Taylor presiding, pursuant to Section 10, Meetin~is of Council, of the
Roanoke City Charter, at which time the newly elected Members of the Roanoke
City Council shall assume the duties of their respective offices.
PRESENT: Council Members David A.
Beverly T. Fitzpatrick, Jr., James G. Harvey,
White, Sr., and Mayor Noel C. Taylor---
Bowers, Elizabeth T. Bowles,
II, Howard E. Musser, William
ABSENT: None .......
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Council Member Elizabeth T.
Bowles.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
COUNCIL: The Mayor advised that Section 10 of the Roanoke City
Charter provides that at 2:00 p.m., on the first Monday of July next
following each regular municiG_I ~l~';v,,, ur 'if such Uay be a City
holiday, then on the day following, the Council shall meet at the usual
place for holding meetings of the legislative body of the City, at
which time the newly elected Council Members shall assume the duties of
their respective offices.
The City Clerk called to the attention of Council a copy of the
Roanoke City Electoral Board Abstract of Votes cast in the General
Election held in the City of Roanoke on May 10, 1988, for the office of
three Members of City Council, certifying that Messrs. Howard E.
Musser, James G. Harvey, II, and William White, Sr., received the
greatest number of votes cast in said election.
The City Clerk advised that Oaths of Office were administered to
Council Members Musser, Harvey and White by the Honorable Circuit Court
Judges Kenneth E. Trabue, G. O. Clemens and Diane M. Strickland on
Thursday, May 31, 1990, for terms of four years, each, commencing
July 1, 1990, and ending June 30, 1992.
365
ACTION:
ACTION:
Mr. Musser having received the greatest number of votes cast in
the Councilmanic election and thus pursuant to Section 4 of the Roanoke
City Charter is elected Vice-Mayor of the City of Roanoke for a term
commencing July 1, 19g0, and continuing for a period of two years until
his successor has been elected and qualified, Mr. Bowers offered the
following Resolution:
(#30129(a)-70290) A RESOLUTION recognizing the HONORABLE
HOWARD E. MUSSER to be a member of the City Council and Vice-Mayor of
the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 51, page 686(a).
Mr. Bowers moved the adoption of Resolution No. 30129(a)-70290.
The motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey, Musser,
White and Mayor Taylor ............. 7.
NAYS: None ................
De
The Mayor presented Vice-Mayor Musser with a framed copy of
Resolution No. 30129(a)-702go.
Mr. Musser offered the following Resolution commending the service
of the Honorable Beverly T. Fitzpatrick, Jr., as Vice-Mayor, from
July 1, 1988, until June 30, 1990:
(#30129(b)-70290) A RESOLUTION commending the service of the
HONORABLE BEVERLY T. FITZPATRICK, JR., as Vice-Mayor of the City of
Roanoke.
(For full text of Resolution, see Resolution Book No. 51, page 686(a).
Mr. Musser moved the adoption of Resolution No. 30129(b)-70290.
The motion was seconded by Mrs, Bowles and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Harvey, Musser, White and
Mayor Taylor ......................... 6.
NAYS: None .............................
O.
(Council Member Fitzpatrick abstained from voting.)
The Mayor presented Mr. Fitzpatrick with a framed copy of
Resolution No. 3012g(b)-702go and a framed Key to the City in recogni-
tion of his outstanding service as Vice-Mayor.
366
There being no further business, the Mayor declared the Organiza-
tional Meeting adjourned at 2:30 p.m.
APPROVED
ATTEST
City Clerk
367
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
July 9, 1990
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, July 9, 1990, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, ~e~ular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979}, as amended.
PRESENT:
Howard E. Musser,
Taylor .........
Council Members Elizabeth T. Bowles, James G. Harvey, II,
William White, Sr., David A. Bowers and Mayor Noel C.
6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Sandra H. Eakin, Deputy City Clerk.
The meeting was opened with a prayer by Vice-Mayor Howard E. Musser.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT: The Mayor presented a Key to the City to
Mr. Igor Chichikov, Peace Child Delegation Leader, and a City of
Roanoke Poster and City pin to 36 delegation members associated with
the Peace Child/Roanoke Tour Program. The City Manager introduced Ms.
Harmon B. Logan, Program Manager of the Peace Child Tour Program.
Ms. Logan explained that the guests present are involved in the
Peace Child Mid-Atlantic Tour, which is one of five Peace Child
domestic tours in the United States this summer; that all five tours
are Soviet/American exchange with students from the United States con-
sisting of participants from several states; and that the Program
involves 140 - 150 students.
BID OPENINGS:
ASBESTOS REMOVAL AND DISPOSAL: Pursuant to notice of adver-
tisement for bids for removal of asbestos containing material at the
A & P Building, 28 Salem Avenue, S. E., said bids to be received by the
City Clerk until 4:30 p.m., on Monday, July 9, 1990, and to be held,
opened and read before the Council at 7:30 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
368
ACTION:
ACTION:
had any questions about tile advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the Deputy
City Clerk to proceed with tile opening of the bids; whereupon, the
Deputy City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
LCM Corporation
HICO, Inc.
AREMCO, Inc.
D & H Contractors, Inc.
$24,520.00
28,276.00
38,650.00
47,250.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Fir. Harvey and adopted.
The Mayor appointed William White, Sr., Chairman, William F.
Clark, Kit B. Kiser and Charles M. Huffine as members of the committee.
A report of the City Manager with regard to the expedient award of
a contract for removal of asbestos containing material at the A & P
Building, 28 Salem Avenue, S. E., was before Council.
The City Manager advised that such asbestos removal must be
accomplished before a permit for demolition can be issued; that under
State regulations, a contractor for asbestos abatement must notify the
Occupational Safety & Health Administration at least twenty days in
advance of any asbestos removal work; that the City's purchase
agreement under date of October 31, 1989, with Relish Realty requires
the building to be vacated by Relish Realty by July 20, 1990; and the
City's agreement with Faison Roanoke Office Limited Partnership provi-
des for final settlement on the property by August 15, 1990.
It was further advised that given the City's contractual obliga-
tion to Faison, it is very important that Council award a contract for
asbestos abatement on the same day that bids are received if at all
possible, which will enable the contractor to give required notice to
State agencies prior to commencing work; and with proper coordination
between the asbestos abatement contractor and the building demolition
contractor, the City can convey the site within the required contrac-
tual timeframe so as not to delay the contractor for the Dominion Tower
Project.
(For full text, see report on file in the City Clerk's Office.)
The City Manager referred to the October 31, 1989 Sales Agreement
between Roland Macher and the City, in the amount of $425,000.00,
wherein the City purchased the A & P Building and allowed the Machers
to use the building until July 20, 1990. He stated that the City gave
the property owners 251 days' notice and that Roland Macher requested a
45 day extension to September 3, 1990, but he was unable to fulfill the
request for an extension because the City is contractually obligated to
convey the property to the developer and his contractor by August 15,
1990.
369
The City Manager advised that the bid committee would review the
bids and bring a report back to Council before the end of the meeting.
ACTION: Mr. Bowers moved that the report be received and filed. The
motion was seconded by Mr. White and adopted.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, July 9, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Contracting
Enterprises, Inc., a Virginia Corporation, that a certain 20 foot alley
running east and west between Bedford Street and Ashlawn Street, S. W.,
be permanently vacated, discontinued and closed, the matter was before
the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 22,
1990 and Friday, June 29, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the alley
as requested for closure is situated behind and to the rear of the
business premises of the applicant, Contracting Enterprises, located at
2003 Russell Avenue, S. W., that the applicant owns all of the proper-
ties abutting the subject alley; that the alley does not serve as a
secondary means of access to any other abutting properties or busi-
nesses; and the right-of-way of the alley is surrounded by buildings
and is enclosed at one section by an overhead connection that extends
between the butting buildings, was before the body.
The Planning Commission recommended that Council approve the
request for closure, subject to the following conditions:
That the applicant agree to submit a plat of sub-
division to the City for review, approval and
recordation, combining the subject alley with the
abutting properties, including any plans for pro-
posed construction within the vacated alley right-
of-way (if any) and providing~ thereon all of the
above-cited necessary easements. ~
That if such a plat of subdivision is not sub-
mitted, approved and recorded within a period of 12
months from the date of any ordinance providing for
such closure, then said ordinance shall become null
and void with no further action by Council being
necessary.
(For full text, see report on file in the City Clerk's Office.)
370
ACTION:
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#30130) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 17.)
The motion was seconded by Mr. Harvey.
Mr. Richard R. Sayers, Attorney, appeared before Council in sup-
port of the alley closure for his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none,
Ordinance No. 30130 was adopted, on its first reading, by the following
vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ....... 6.
NAYS: None ................
O.
(Council Member Fitzpatrick was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopt6d by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, July 9, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. William D.
Brown and Ms. Shelby B. Hill that an alley located south of Lots 6
and 7, Official Tax Nos. 2112406 and 2112407, Block 47, Rogers, Fairfax
and Houston Addition, be permanently vacated, discontinued and closed,
the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 22,
1990 and Friday, June 29, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the alley
section as requested for closure is the easterly end of an alley that
extends from 11th Street, N. W., to a dead-end at its conjunction with
loth Street, N. W.; that reconstruction of loth Street, N. W., resulted
in the road grade of loth Street being raised at least 20 vertical feet
above the grade of the alley; that the alley right-of-way is 15 feet in
width, and 84.16 feet in length, and the alley surface is composed of
gravel; and the applicants own the properties situated on both sides of
the alley.
The Planning Commission recommended that Council approve the
request to close the subject portion of alley, subject to the following
conditions:
371
ACTION:
That the applicant agree to provide to the City a
final subdivision plat for review and approval and
recordation, dedicating therein an area sufficient
to provide an area suitable for a public turnaround
and retaining thereon all necessary easements.
That the applicant agree to provide the City with a
bond or performance guarantee in an amount deemed
sufficient by the City Engineer to construct the
proposed turnaround and to provide for all other
improvements required as a result of the City's
review and approval of the applicants' proposed
subdivision.
That if the above conditions have not been met
within one year from the date of the ordinance pro-
viding for such closure, that said ordinance shall
become null and void with no further action by
Council being necessary.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30131) AN ORDINANCE permanently vacating, discontinuing, and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 19.)
The motion was seconded by Mr. Bowers.
Mr. Michael S. Webb, Attorney, appeared before Council in support
of the alley closure for his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none, Ordi-
nance No. 30131 was adopted, on its first reading, by the following
vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor .................. 6.
NAYS: None .......... O.
(Council Member Fitzpatrick was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, July 9, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Michel Real
Estate Partnership, a Maryland General Partnership, to vacate, discon-
372
tinue and close the following public rights-of-way, to the extent the
City has an interest in said public rights-of-way, the matter was
before the body.
A ten foot alley beginning at the intersection of
the alley and Centre Avenue, running north and
south 132.5 feet, and terminating at its intersec-
tion with a City alley running east and west bet-
ween 24th and 25th Streets, between Centre Avenue
and Shenandoah Avenue, N. W.
An alley right-of-way running in a north/south
direction along the east side of Lot 20, Official
Tax No. 2310520, between 24th and 25th Streets,
N. W.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 22,
1990, and Friday, June 29, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council
approve the request to close and vacate the subject alley extending
from an intersection with Centre Avenue, N. W., in a southerly direc-
tion for 132.5 feet between Official Tax Nos. 2310511, 2310512, 2310513
and 2310510; and that the applicant's request for the City to close and
thereby vacate any interest the City may have in any alley that may or
may not exist along the east side of Lot 20 between Official Tax Nos.
2310521 and 2310520, be included in the Ordinance effecting the clo-
sure, subject to the following conditions:
That the applicant agree to submit to the City for
review, approval and recordation, a plat of sub-
division verifying thereon that title has been
established to the land within the vacated alley(s)
and thereon combining said alley(s) into the
abutting properties, as required by the City
Subdivision Ordinance.
That if said subdivision plat is not submitted and
approved and recorded within a period of 12 months
of the date of adoption of any ordinance providing
for such closure, then said ordinance shall become
null and void with no further action by Council
being necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
373
II
m
ACTION:
(#30132) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia as
is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 19.)
The motion was seconded by Mr. Harvey.
Mr. Jim Knapp appeared before Council in support of the alley
closure.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none,
Ordinance No. 30132 was adopted, on its first reading, by the following
vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor- 6.
NAYS: None .... - ........O.
(Council Member Fitzpatrick was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 9, 1990, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Messrs. Robert H. Fetzer
and Earle H. Shumate that a tract of land containing 0.1492 acre, more
or less, described as Lot 6, Block 6, Map of Villa Heights, 2410
Hanover Avenue, N. W., Official Tax No. 2320806, be rezoned from RM-1,
Residential Multi-Family, Low Density District, to RM-2, Residential
Multi-Family, Medium Density District, subject to certain conditions
proffered by the petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 22,
1990, and Friday, June 29, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning is to permit the rehabilitation of an existing struc-
ture to contain three apartment units; that the two bedroom units will
provide approximately 850 square feet of living area; and the one
bedroom unit will provide approximately 575 square feet of living area,
and no expansion of the existing structure is proposed, was before
Council.
The Planning Commission recommended that Council approve the
request for rezoning which will address several objectives of the
comprehensive plan including the need to provide a variety of housing
choices in existing neighborhoods and appropriate infill development
that is sensitive to the existing neighborhood character.
(For full text, see report on file in the City Clerk's Office.)
374
ACT[ON:
Hr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#30133) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 232, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 52, page 20.)
The motion was seconded by Mr. Musser.
Messrs. Robert H. Fetzer and Earle H. Shumate appeared before
Council in support of the request for rezoning.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none, Ordi-
nance No. 30133 was adopted on its first reading by the following
vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ......... 6.
NAYS: None .......... O.
(Council Member Fitzpatrick was absent.)
ZONING: Pursuant to Resolution Uo. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 9, 1990, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Community Hospital of
Roanoke Valley that the eastern portion of a lot bearing Official Tax
No. 4020801 lying between Elm Avenue, South Jefferson Street,
Williamson Road, and Highland Avenue, S. E., be rezoned from LM, Light
Manufacturing District, to C-1, Office District, the matter was before
the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 22,
1990, and Friday, June 2~, i990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning is to permit the construction of three additional
floors onto an existing parking structure serving Community Hospital
and related medical facilities, was before Council.
The Planning Commission recommended that Council approve the
request for rezoning which is consistent with the existing land use and
zoning pattern in the area, and in addition, will correct an existing
non-conformity.
(For full text, see report on file in the City Clerk's Office.)
375
m
ACTION:
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#30134) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 52, page 21.)
The motion was seconded by Mr. Harvey.
Mr. Daniel F. Layman, Attorney, appeared before Council in support
of the rezoning for his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none,
Ordinance No. 30134 was adopted on its first reading by the following
vote:
AYES: Council Members Harvey, Musser, White, Bowers and Mayor
Taylor ......... -5.
NAYS: None ....... O.
(Council Member Fitzpatrick was absent.) (Council Member Bowles
abstained from voting inasmuch as she serves on the Board of Directors
at Community Hospital.)
PLANNING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 9, 1990, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on a proposal to approve and adopt the
Greater Deyerle Neighborhood Plan as an element of the City's Compre-
hensive Plan, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 22,
1990, and Friday, June 29, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that it is the
opinion of the Commission that the plan accurately reflects the com-
munity issues and goals in the neighborhood and establishes effective
ways to address those goals and issues; that the plan was developed in
a series of four neighborhood workshops which focused on citizen par-
ticipation; and like Roanoke Vision, the Greater Deyerle Neighborhood
Plan is a product of people working in partnership with government to
maintain, improve, and enhance the quality of life in their neigh-
borhood and in the City as a whole, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
376
ACTION:
(#30135-70990) A RESOLUTION approving and adopting the Greater
Deyerle Neighborhood Plan as an element of the City's Comprehensive
Development Plan {1985-2005).
(For full text of Resolution, see Resolution Book No. 51, page 687.)
Mr. Musser referred to page 18 of the plan, relating to traffic on
Mudlick, Grandin, Keagy and Deyerle Roads, stating that he has received
complaints from residents with regard to the "no left turn" signs that
have been put up and that he was under the impression that the signs
were to be put up at the time the Peters Creek Road Extension is
constructed.
The City Manager stated that the problems the neighborhood was
experiencing with through traffic in the early morning and evening
hours was already present, that the problem of using residential
streets as cut-throughs and the amount of traffic justifies the
restrictions between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m.
to 6:00 p.m. He said that the City's Traffic Engineering Department is
monitoring this situation and is going to bring back within a six-month
time period an analysis of how this is working and see if any adjust-
ments need to be made. Mr. Musser stated that he did not realize these
changes would take place now, that he thought it would be 3 or 4 years
from now and this is what he told residents. The City Manager stated
that he considers the signs to be justified in that there has been a
decrease in accidents.
Mrs. Bowles moved the adoption of Resolution No. 30135-70990. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ........... 6.
NAYS: None ..............
(Council Member Fitzpatrick was absent.)
BONDS-SCHOOLS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, July 9, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, in connection with consideration
of an Ordinance approving the issuance by the City of its general obli-
gation bond or bonds, in an amount not to exceed $1,000,000.00, (the
"Bonds") for the purpose of financing in part the costs of construc-
tion, renovation and expansion of school buildings in the City of
Roanoke, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Monday, June 22,
1990, Sunday, July 1, 19§0, and Sunday, July 8,"' 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
377
ACTION:
ACTION:
(#30136-70990) AN ORDINANCE authorizing the issuance of not to
exceed $1,000,000 General Obligation School Bonds, Series 1990, of the
City of Roanoke, Virginia, to be sold to the Virginia Public School
Authority and providing for the form and details thereof; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 688.)
Mr. Bowers moved the adoption of Ordinance No. 30136-70990. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ................ 6,
NAYS: None ...........
Oe
(Council Member Fitzpatrick was absent.)
COUNCIL: Mr. Musser moved that Council convene in Executive
Session to discuss specific legal matters requiring the provision of
legal advice by counsel, being the terms and conditions of a con-
solidation agreement between the City of Roanoke and Roanoke County,
pursuant to Section 2.1-344 (Al (7), Code of Virginia (1950), as
amended.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ....... 6.
NAYS: None ...........
(Council Member Fitzpatrick was absent.)
At 8:25 p.m., the Mayor declared the meeting in recess.
At 8:54 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception Council Member Fitzpatrick.
COUNCIL: Mr. Musser moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ......... 6.
NAYS: None ....... .0.
(Council Member Fitzpatrick was absent.)
378
ANNEXATION/CONSOLIDATION: Pursuant to action taken by the City
Council at its regular meeting on Monday, June 4, 1990, the City Clerk
having advertised a public hearing for Monday, July 9, 1990, at 7:30
p.m., or as soon thereafter as the matter may be heard, with regard to
amendments to the proposed Consolidation Agreement for the Roanoke
Metropolitan Government, the matter was before the body.
Legal advertisement of the public hearing was published in the
Sunday editions of the Roanoke Times & World-News on June 10, 1990,
June 17, 1990, June 24, 1990, and July 1, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#30137-70990) AN ORDINANCE authorizing the execution of
Amendments to the Consolidation Agreement between the City of Roanoke
(hereinafter "City") and the County of Roanoke (hereinafter "County")
dated February 28, 1990; authorizing the filing with the Circuit Courts
for the City and the County of such Amendments; authorizing the City
Attorney to file such petitions, pleadings, certificates and other
legal papers with Federal and State courts and administrative agencies
as are deemed necessary and proper to permit a referendum on consolida-
tion; directing the City Clerk to forward an attested copy of this
ordinance to the Clerk of the Board of Supervisors of the County, the
Clerk of the Town of Vinton Council, the Clerk of the City of Salem
Council and the Judges of the Circuit Courts for the City and the
County; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 693.)
Mr. Musser referred to the three amendments which have been
discussed openly in the news media and in meetings held, and asked the
City Attorney to explain the three amendments; whereupon, the City
Attorney explained the amendments, as follows:
The first amendment is an amendment to Exhibit
E of the Consolidation Agreement, which sets
out the boundaries of the area west of Salem
in which a second vote would occur if the ini-
tial consolidation referendum is successful on
November 6, 1990; and that the area in which
the second vote would occur is bounded on the
north by Botetourt County, on the west by
Craig and Montgomery Counties, and on the
south by Poor Mountain and on the east by the
City of Salem and a ridge line which is
parallel to Interstate 81 and north of
Interstate 81.
379
ACTXON:
(2)
The second amendment is in the area of educa-
tion, which conforms the Consolidation
Agreement to the provisions of the Charter for
Roanoke Metropolitan Government which was
enacted by the 1990 Session of the General
Assembly; that the original consolidation
agreement provided for a nine member school
board, that each member would come from an
election district, that five of the election
districts would be in the former city and four
would be in the former county; however, the
General Assembly provided for an eleven member
school board with one coming from each of the
election districts and one from the Town of
Vinton, and the eleventh member would be based
on average daily membership of the schools of
the territory of the former city versus the
schools of the territory of the former county,
whichever has the largest average daily
membership.
(3)
The third amendment is an amendment to Section
19 which relates to the Urban Service District
and the Suburban Service District; that the
only change to this section is to delete the
references to additional law enforcement ser-
vices and additional firefighting equipment
and services; and the purport of this is to
make it clear that there will be one police
department and one fire department for Roanoke
Metropolitan Government with personnel
assigned based on need, and it also makes it
clear that emergency services personnel will
respond to emergencies without regard to ser-
vice district boundaries.
Ms. Cindy Dossett, 2419 Lincoln Avenue, S. W., appeared before
Council and urged Council's support for the Roanoke City Schools. She
stated that education in the Roanoke City Schools is excellent, that
Roanoke City has an excellent educational system and that she hopes
that the representatives of Roanoke City Council who are involved in
the consolidation talks will make sure it is known that we are proud of
our school system. Ms. Dossett further stated that she feels we need
Valley-wide consolidation, but she does not want to see anything done
that will sacrifice the Roanoke City's education system.
Mr. Musser moved the adoption of Ordinance No. 30137-70990. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor .......................................... 6.
NAYS: None .........................
Oe
(Council Member Fitzpatrick was absent.)
380
ACTION:
ASBESTOS REMOVAL AND DISPOSAL: Council Member William White, Sr.,
Chairman of a bid committee appointed by the Mayor to tabulate bids
received for removal of asbestos containing material at the A & P
Building, 28 Salem Avenue, S. E., presented a written report on behalf
of the committee recommending that Council authorize the City Manager
to enter into a contractual agreement with HICO, Inc., for asbestos
abatement at the A & P Building, 28 Salem Avenue, S. E., according to
the contract documents as prepared by the City Engineer's Office, sub-
ject to approval by the City Attorney, in the amount of $28,276.00,
with fifteen consecutive calendars days; and reject all other bids
received.
The City Manager submitted a written report concurring in the
recommendation of the bid committee.
(For full text, see reports on file in the City Clerk's Office.)
Fir. William F. Clark, Director of Public Works, advised that the
apparent low bidder did not submit a proper bid bond and therefore, is
not a responsive bidder, and that HICO, Inc., the second lowest bidder,
is a responsive bidder.
Mr. White offered the following emergency Ordinance:
(#30138-70990) AN ORDINANCE accepting the bid of HICO, Inc., for
the removal of asbestos containing materials inside the A & P Building
and in the roofing material of the A & P Building, 28 Salem Avenue,
S.E., Roanoke, Virginia, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 694.)
Mr. White moved the adoption of Ordinance No. 30138-70990. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ....... -6.
NAYS: None ......... O.
(Council Member Fitzpatrick was absent.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss personnel
381
ACTION:
ACTION:
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; and a matter with regard
to disposition of publicly held property and use of publicly held pro-
perty for public purpose, specifically being the sale and use of land
held by the Roanoke Redevelopment and Housing Authority.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ...... 6.
NAYS: None ............
(Council Member Fitzpatrick was absent.)
ANNUAL REPORTS-EQUALIZATION BOARD: A communication from the
Honorable Roy B. Willett, Chief Judge, Twenty-Third Judicial Circuit of
Virginia, transmitting the Annual Report of the Board of Equalization
for the year July 1, 1990, to June 30, 1991, was before Council.
Judge Willett advised that the Board received 150 appeals, of
which 48 were commercial and industrial, 101 were residential and one
was withdrawn; that the number of appeals were down somewhat, however,
some of the matters were more complex; that the members of the Board
requested and recommended continued access to the computer service for
their work, continued separate office space from the Office of Real
Estate Valuation, and that the City provide a room by March 1, of each
year, so that the Board may begin work as soon as the oaths of the
respective members are taken.
It was further advised that the Board conducted its business in
Room 162 of the Municipal Building, which arrangement was quite good,
inasmuch as Room 162 is accessible and convenient to the public, and is
well suited to the Board's needs.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the communication be received and filed.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
382
ACTION:
ACTION:
ACTION:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor .... 6.
NAYS: None ............
-0.
(Council Member Fitzpatrick was absent.)
CIVIC CENTER: A communication from Mr. John W. Lambert, Jr., ten-
dering his resignation as a member of the Roanoke Civic Center
Commission, effective October 1, 1990, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the resignation be accepted with regret and
that the co~nunication be received and filed. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Itarvey, Musser, White, Bowers and
Mayor Tayl or .................... 6.
NAYS: None ....................... O.
(Council Member Fitzpatrick was absent.)
PENDING LIST: A list of items pending from July 10, 1978 through
June 25, 1990, was before Council. '
(For full text, see pending list on file in the City Clerk's Office.)
Mrs. Bowles moved that the pending list be received and filed.
The motion was seconded by Mr Harvey and adopted by the following
vote: ·
AYES: Council Members Bowles, Harvey, Musser,-White, Bowers and:
Mayor Taylor ....... ' · .
'6,
NAYS: None--: ....
(Council Member Fitzpatrick was absent.)
-0.
COUNCIL: An oral request of the City Manager for Council to con-
vene in Executive Session to discuss a matter with regard to the dispo-
sition of publicly held property and use of publicly held property for
public purposes, specifically being the sale and use of land held by
the Roanoke Redevelopment and Housing Authority, pursuant to Section
2.1-344 (A) (3), Code of Virginia (1950) as amended, was before the
body. ,
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter with regard
to the disposition of publicly held property and use of publicly held
property for public purposes, specifically being the sale and use of
land held by the Roanoke Redevelopment and Housing Authority, pursuant
to Section 2.1-344 (Al (3), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, Whi~e, Bowers and
Mayor Tayl or .... .6.
NAYS: None-
(Council Member Fitzpatrick was absent.)
383
ACTION:
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PAY PLAN-CITY EMPLOYEES: Mr. Musser referred to a matter with
regard to the Pay Plan for Roanoke City employees that has been
discussed with the City Administration previously.
Mr. Musser moved that the matter and the items discussed pre-
viously be referred to the City Manager and the Director of Finance for
study, report and recommendation to Council. The motion was seconded
by Mr. White and adopted.
COUNCIL: Mr. Harvey asked the concurrence of City Council in
reestablishing the quarterly neighborhood meetings that used to be held
four times a year in the different quadrants of the City. He stated
that by meeting at night in the various neighborhoods, it gives people
the opportunity to-attend Council meetings who may not be able to do so
during the day, and it gives our citizens an extra opportunity to be
involved with Council.
Mr. Harvey moved that the matter be referred to the City Manager
for review in selecting the meeting places, times and dates, and report
and recon~nendation to Council. The motion was seconded by Mr. Musser
and adopted.
Mrs. Bowles stated that she would like t~ see some figures when we
get that information as to what the actual cost is, such as moving our
personnel and equipment to the neighborhoods. She requested that the
news media help in the situation and put out information so citizens
can respond if they are really interested in having the meetings in
their neighborhoods. Mrs. Bowles stated that every neighborhood in
this area has a neighborhood organization in which many of these things
are discussed, and she would like some report from the citizens as to
whether they would really like to have the neighborhood meetings.
PETITIONS AND COmmUNICATIONS:
SCHOOLS: A communication from Mr. Ted H. Key, Executive Director,
Williamson Road Area Business Association, Inc., in connection with
funds needed to complete the beautification - landscape project at
Breckinridge Middle School, was before Council.
384
ACTION:
Mr. Key advised that fund raising by the organization to date was
in the amount of $2,670.00; that the amount needed for the project is
$12,164.00, as described in plans drawn by Ms. Marilyn Arbogast, City
Horticulturist; and that contributions have been received from the
Garden Council, Crestar Bank, the Breckinridge PTA, Williamson Road
Womens Club, Northminister Presbyterian Church, Stovall Engineering,
Shenandoah Chapter of Women's Business Association, Valley Beautiful,
Happy Gardners Club, and individuals from a wide area.
It was further advised that because the organization must raise
$25,000.00 above its dues structure for the general operating expenses
and monies to sponsor the Roanoke Valley Urban Fair on August 21, 1990,
through August 26, 1990, Council is requested to consider funding the
balance of $9,494.00 to complete said project. Mr. Key stated that
coupled with the renovations and relandscaping of Oakland Elementary
School, both the private and public sectors of our City can be proud in
joining hands to create a better image for our City and beyond.
(For full text, see communication on fi)e in the City Clerk's Office.)
Mr. Harvey moved that the request of the Williamson Road Area
Business Association, Inc., be referred to the City Manager for study,
report and recommendation to Council. Mr. Musser requested that the
motion be amended to include that the City Manager negotiate with Mr.
Richard L. Kelley, Executive for Business Affairs and Clerk of the
Roanoke City School Board, with regard to the schools' share of the
project. The motion, as amended, was seconded by Firs. Bowles and
adopted.
TAXES: A communication from Mr. Fred Semrau, Manager, State and
Local Taxes, Bell Atlantic Tricon Leasing Corporation, requesting an
abatement or re-determination of the $10,242.63 in penalty assessed for
1990 personal property taxes, was before Council.
It was advised that the assessed penalty includes $4,877.44 for
late filing of the Corporation's 1990 rendition; that due to the nature
of its business, the Corporation owns equipment in every county in
Virginia; that a majority of the localities require filing of property
tax returns by April 1; that the Corporation failed to realize that the
City of Roanoke required filing of its tax declaration prior to
February 16, 1990; that the additional penalty in the amount of
$5,365.19 was attributed to the Corporation's inquiry of the original
penalty in the amount of $4,877.44; and the Corporation respectfully
requests that the amount be dismissed as an oversite on the part of
Bell Atlantic Tricon Leasing Corporation.
(For full text, see communication on file in the City Clerk's Office.)
A communication from Mr. Gordon E. Peters, City Treasurer,
advising Bell Atlantic that he was unable to comply with the request to
waive the penalties, and that the balance due in the Treasurer's Office
was $10,242.63, was also before Council.
(For full text, see communication on file in the City Clerk's Office.)
385
ACTION:
Mr. Harvey moved that the request of Bell Atlantic Tricon Leasing
Corporation to waive the assessed penalty, be denied. The motion was
seconded by Mr. Musser and adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
Grant No. 6073 - $2,000,000.00 for the renovation
of Crystal Spring Elementary
School. A Literary Fund Loan, in
the amount of $2,000,000.00 has
been approved for the project by
the City and State.
Grant No. 6582 - $5,827.00 for the Special Educa-
tion Inservice Program to provide
funds for the training of special
education program staff members
and for assistance to parents of
handicapped students. The program
will be one hundred percent reim-
bursed by State funds.
Grant No. 6583 - $719,178.00 for the 1990-91 Flow
Through Program to provide aid for
the education and guidance of
handicapped students. The Program
will be one hundred percent reim-
bursed by State and Federal funds.
Grant No. 6584 - $53,132.00 for the Child Develop-
ment Clinic Program to provide
funds for the salary and expenses
of the educational coordinator at
the clinic. The Program will be
one hundred percent reimbursed by
State funds.
Grant No. 6585 - $66,181.00 for the Child Specialty
Services Program to provide funds
for the salary and expenses of the
educational coordinator. The
Program will be one hundred per-
cent reimbursed by State funds.
Grant No. 6586 - $73,497.00 for the Juvenile
Detention Home Program to provide
funds for the salary and expenses
of the two educational coordina-
tors at the detention home. The
Program will be one hundred per-
cent reimbursed by State funds.
386
Grant No. 6587 - $250,000.00 for the Special
Education Tuition Program to pro-
vi de funding for the placement of
special education students at the
direction of the State Department
of Education. The Program will be
one hundred percent reimbursed by
State funds.
Grant No. 6742 - $7,840.00 for the GED Testing
Program to provide instructors for
the administration of the GED exa-
minations. The source of funds
will be student fees.
Grant No. 6743 - $45,527.00 for the Marketing
Education Regional Coordinator
Program to provide funds for the
expenses of the regional coor-
dinator. The Program will be one
hundred percent reimbursed by
State funds.
Grant No. 6744 - $107,350.00 for the 1990-91
Apprenticeship Program to provide
on-the-job and classroom voca-
tional instruction for stude)~ts in
the Apprenticeship Program.
Revenue will be provided by State
funds and fees paid by par-
ticipants.
Grant No. 6964 - $32,300.00 for the Impact Aid
Program to provide funds for
eighty-four percent of the person-
nel cost of the Coordinator of
Grants and Research. The expen-
ditures will be one hundred per-
cent reimbursed by Federal funds.
Grant No. 6965 - $30,292.00 for the Grants Manage-
merit Program to provide for six-
teen percent of the personnel cost
of the Coordinator of Grants and
Research and one hundred percent
of the personnel cost of clerical
support in the Office of Grants
and Development. The Program will
be one hundred percent reimbursed
by Federal funds.
387
ACTION:
Grant No. 6966 - $115,080.00 for the Governor's
Technology Initiative, Phase II,
to provide for the purchase of
twenty-eight computers which will
be placed in the administrative
office of each Roanoke City
school. The Program will be one
hundred percent reimbursed by
State funds.
The Board further requested the appropriation of $622,192.00 for
the Autistic and Multihandicapped Regional Program to provide for an
adjustment in the 1990-91 General Fund Budget resulting from the imple-
mentation of the Regional Program, and the City will provide staffing
and facilities for the Program.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request of the School Board to appropriate funding for the Board
into three funds; that the report of the School Board will appropriate
funds, in the amount of $2,000,000.00, in State Literary Loan funds in
the Capital Project Fund for the renovation of Crystal Spring
Elementary School; that said report will also appropriate funds for the
twelve grants in the Grant Fund; that all of the grants are funded with
one hundred percent Federal funds, State funds, or fees, with no local
match required; that the final item being appropriated is the Autistic
and Multihandicapped Program in the General Fund, which is funded by
facility rental payments and special education tuition revenue from the
State; and recommended that Council concur in the request of the School
Board, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30139-70990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General, Capital Projects, and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 695.)
Mrs. Bowles moved the adoption of Ordinance No. 30139-70990. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ......... 6.
NAYS: None ......... O.
(Council Member Fitzpatrick was absent.)
388
ACTION:
REPORTS OF OFFICERS:
CITY MAHAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Consortium
requested an allocation of six percent in funds from the Governor's
Employment and Training Department that were made available to Service
Delivery Areas for technical assistance; that the Consortium has been
awarded additional Title III funding for the Economic Dislocation and
Worker Adjustment Act Program, in the amount of $5,000.00; and the City
is the grant recipient for Consortium funding.
It was further advised that $2,857.00 has been made available in
technical assistance money from the Governor's Employment and Training
Department to fund computer training needs for certain Consortium
staff; and Notice of Award No. E-90-03-07 has been received from the
Department, in the amount of $5,000.00 for the period of July 1, 1989,
through June 30, 1990.
The City Manager recommended that Council appropriate new Consor-
tium funding, in the amount of $7,857.00 to revenue and expenditure
accounts.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#30140-70990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Consortium Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 699.)
Mr. Musser moved the adoption of Ordinance No. 30140-70990. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ....... .6.
NAYS: None .......... O.
(Council Member Fitzpatrick was absent.)
BUDGET-GRANTS-ART ACQUISITION: The City Manager submitted a writ-
ten report advising that the City was notified of a Local Government
Challenge Grant available through the Virginia Commission for the Arts;
that the Local Government Challenge Grant Funds are available on a
fifty - fifty matching basis, fifty percent State and fifty percent
Local; and application for the grant was made at the request of The
Arts Council of Roanoke Valley.
389
ACTION:
ACTION:
It was further advised that notification by the Commission for the
Arts that a grant, in the amount of $4,250.00, is available to
supplement funds already appropriated from the City to the organization
through the Citizens' Services Committee; that the local funds will
meet the fifty-fifty match; and the grant funds, in the amount of
$4,250.00, will be distributed to The Arts Council of Roanoke Valley.
The City Manager recommended that Council accept the grant from
the Virginia Commission for the Arts; authorize funds to be appro-
priated to an account to be established by the Director of Finance in
the Grant Fund; and authorize the City Manager or his designee to exe-
cute the Local Government Challenge Grant on behalf of the City of
Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#30141-70990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 699.)
Mr. Musser moved the adoption of Ordinance No. 30141-70990. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ...... 6.
NAYS: None- O.
(Council Member Fitzpatrick was absent.)
Mr. Musser offered the following Resolution:
(#30142-70990) A RESOLUTION accepting a Local Government Chal-
lenge Grant from the Virginia Commission for the Arts.
(For full text of Resolution, see Resolution Book No. 51, page 700.)
Mr. Musser moved the adoption of Resolution No. 30142-70990. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ........ 6.
NAYS: None-- O.
(Council Member Fitzpatrick was absent.)
390
ACTION:
BUDGET-POLICE DEPARTMENT-GRANTS: The City Manager submitted a
written report advising that Congress amended 21 USC. Section 881 el-4,
October, 1986, which authorized the transfer of certain federally for-
feited property to State and Local law enforcement agencies that par-
ticipated in the investigation and seizure of the property; and
application for an equitable share of property seized by local law
enforcement must be made to the U. S. Department of Justice and cer-
tified by the City Attorney as to the appropriate agency and represen-
tative to receive the property and that the transfer is not prohibited
by State and Local law.
It was further advised that property, including funds shared witll
State and local agencies, may be used only for the purpose stated in
the application, i.e., narcotics investigations related to law enfor-
cement; that the agel-cy requesting the transfer of property agrees to
pay fees and expenses necessary to effect the transfer; and on January
4, 1988, Council, at its regular meeting, authorized the Director of
Finance to establish grant fund accounts from which funds may be
dispersed in accordance with provisions of the program.
It was explained that the Police Department receives additional
funds periodically from the Federal Government's Asset Sharing Program;
that Council action is necessary to accept additional funds to be
dispersed; that revenues collected to date for the grant are
$267,108.29 and deposited in Grant Account No. 035-035-1234-7060; that
the current revenue estimate is $228,191.00; that funding received in
excess of the revenue estimate, in the amount of $38,917.29, needs to
be appropriated at this time; and expenditures from the grant to date
are $103,945.62.
The City Manager recommended that Council accept assets from the
Federal Forfeited Property Sharing Program; appropriate $38,917.29 to
Investigations and Rewards, Account No. 035-050-3300-2150, in the
amount of $38,917.29; and increase the revenue estimate for the grant
by $38,917.29.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30143-70990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 700.)
Mr. White moved the adoption of Ordinance No. 30143-70990. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor .................... 6.
NAYS: None .......................................
O.
(Council Member Fitzpatrick was absent.
319
ACTION:
Mrs. Bowles offered the following Resolution:
(#30106-61890) A RESOLUTION accepting certain bids made for pro-
viding chemicals for water and sewage treatment; rejecting other bids;
and providing for an emergency.
(For full text of Resolution, see Resolution Book No. 51, page 664.)
Mrs. Bowles moved the adoption of Resolution No. 30106-61890. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick .............. 6.
NAYS: None .........
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a writ-
ten report advising that the fiscal year 1989-90 General Fund and
Internal Service Fund budgets included funds in the non-departmental
category for payment of termination leave, unemployment compensation,
and workman's compensation wages and medical expenses; that in addi-
tion, funds were budgeted in the non-departmental catego)~ to cover the
rate increase for hospitalization insurance that became effective on
January 1, 1990; that these types of fringe benefits are budgeted in
the non-departmental category because annual charges to each department
are difficult to accurately project; and the actual costs are charged
to the applicable department in anticipation of periodic budget trans-
fers to cover said costs.
The Director of Finance recommended that Council authorize the
transfer of funds from the non-departmental category to applicable
departn~ntal budgets, as follows:
GENERAL FUND
INTERNAL
SERVICE FUND
Unemployment Comp.
Workman's Comp. Wages
Workman's Comp. Med.
Termination Leave Pay
Hospitalization Ins.
$ 23,678.00
75,820.00
225,949.00
93,155.00
336,219.00
$ 1,565.00
3,228.00
10,464.00
9,682.00
28,282.00
Total $754,821.00 $53,221.00
(For full text, see report on file in the City Clerk's Office.)
320
ACTION:
Mr. Garland offered the following emergency budget Ordinance:
(#30107-61890) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Internal Service Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 664.)
Mr. Garland moved the adoption of Ordinance No. 30107-61890. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick 6.
NAYS: None .......... O.
(Mayor Taylor was absent.)
CITY ATTORNEY:
CITY CODE-TRAFFIC: The City Attorney submitted a written report
advising that several merchants in the Williamson Road area of the City
have experienced problems with persons who park their automobiles on
the merchants' parking lots after normal business hours; that the
merchants have tried to eliminate the intrusion and inconvenience by
posting signs which prohibit parking when the businesses are closed;
and currently, the City Code provides a five dollar penalty for persons
who park in areas which have been posted with "No Parking" signs,
however, the penalty has not served as an effective deterrent.
It was further advised that from time to time, the police have
tried to enforce the prohibition against parking by charging the
individuals with trepassing; that both the State Code and the City Code
provide criminal penalties for persons who trespass on the property of
others; that violation of either statute is punishable as a Class I
misdemeanor, the maximum penalty for which is confinement in jail for
not more than 12 months and a fine of not more than $1,000.00, or some
combination thereof; and the courts, however, have been very reluctant
to convict first-time offenders of trespassing in said cases unless the
persons have also been guilty of other misconduct, such as being
intoxicated in public or refusing to vacate the premises when directed
to do so by police officers.
The City Attorney pointed out that the problem can be more effec-
tively handled by amending the City Code to specifically prohibit
parking, standing or stopping in a parking lot, parking facility or
other area designed for parking which has been posted by clearly
visible signs or markers or where oral notice has been given; that the
amendment would apply to public or private parking facilities; that
instead of a $5.00 fine, a penalty of $25.00 would be authorized; that
321
ACTION:
the fine could be paid within ten days, and if not paid within that
period, the penalty would be increased to $35.00; that the Common-
wealth's Attorney has worked closely with the City Attorney's Office in
researching the legal issues involved and in preparing the appropriate
measure; and both the Commonwealth's Attorney and the Chief of Police
recommend adoption of said measure.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#30108-61890) AN ORDINANCE amending and reordaining the Code of
the City of Roanoke (1979), as amended, by adding a new subsection (15)
of §20-65, Parkin~ prohibited in specified places, to prohibit parking
in places where there 'has been oral or written notice that parking is
prohibited and to amend subsections (b)(1) and (3) of §20-89, Penalties
for unlawful parking, to provide a penalty for violations of such pro-
hibition; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 667.)
Mr. Trout moved the adoption of Ordinance No. 30108-61890. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ......... 6.
NAYS: None ........... O.
(Mayor Taylor was absent.)
Mr. Melvin E. Huff, 4402 Delray Street, N. W., appeared before
Council in support of the measure.
REPORTS OF COMMITTEES:
BUDGET-CITIZENS' SERVICES COMMITTEE: Mr. Raleigh Campbell,
Member, Citizens' Services Committee, presented a written report on
behalf of the Committee with regard to funding for qualified agencies
for fiscal year 1990-91.
It was advised that the budget of the Citizens' Services Committee
was established by Council, pursuant to Ordinance No. 30030-50790, by
which the General Fund budget for fiscal year 1990-91 was adopted on
May 7, 1990; that public notice for agencies to file applications for
City funds was published in local newspapers on February 11, 15, 18 and
22, 1990, with an application deadline of March 9, 1990; that 28
requests, in the total amount of $701,327.25, were received from
various agencies; and agencies were notified of tentative allocation
recommendations and advised that they could appeal the Committee's ten-
tative recommendations.
322
It was further advised that the budget for fiscal year 1990-91
approved by Council for the Citizens' Services Committee provides for
an increase in funding of approximately five per cent; that total funds
available for allocation in fiscal year 1990-91 is $285,000.00; and
performance audits are conducted for each agency receiving funds
through the Committee in order to evaluate the effectiveness and effi-
ciency of funded programs.
The following was provided for Council's information:
The Citizens' Services Committee requests that
$8,000.00 be transferred to the Director of Human
Resources' budget, upon approval of Council, to
cover monitoring expenses.
Agencies are requested to submit a budget by objec-
tive and activity when applying for funds through
the Citizens' Services Committee.
A schedule attached to the report shows recommended
funding for allocation to the various agencies.
The deliberations of the Committee are contained in
minutes of meetings on file in the City Clerk's
Office.
Appeals of Committee recommendations as provided by
Council policy were received after notification to
each agency of its tentative recommended alloca-
tion. One appeal was filed and was heard on
May 31, 1990.
Mill Mountain Theatre requested an appeal
to secure additional funding in order to
achieve equity with similar organizations
which receive monies from the Committee.
After hearing the appeal at which the
Theatre emphasized its outreach services
to the community, the Committee agreed to
increase its recommended allocation from
$500.00 to $1,000.00.
The committee recommends a payment of $20.00 per
day to Bethany Hall for Roanoke City residents, up
to a maximum of $5,200.00.
The committee recommends that $23,000.00 be allo-
cated to The Salvation Army and a contract be exe-
cuted with The Salvation Army for the provision of
services to City citizens under the Homeless
Housing Program and/or Abused Women's Shelter.
The committee recommends that $23,000.00 be allo-
cated to Unified Human Transportation Systems,
Inc., (RADAR) through Valley Metro in order that
Valley Metro may receive credit for providing
transportation to the handicapped.
The following recommendations were submitted by the Citizens'
Services Committee for consideration by Council:
Council concur in the funding of agencies in the
amounts recommended as indicated on a schedule
attached to the report.
Council authorize the Chairman of the Citizens'
Services Committee and the Director of Finance to
not release funds to any agency until objectives,
activities, and other reasonable requests of the
monitoring staff are submitted and accepted.
Transfer $8,000.00 from the Citizens' Services
Committee budget, Account No. O01-054-5220-3700,
Contributions, to the Director of Human Resources,
Fees for Professional Services, Account No.
001-054-1270-2010, for payment of services for the
Homeless Housing Program and/or Abused Women's
Shelter provided to City citizens by The Salvation
Army.
Transfer $23,000.00 from the Citizens' Services
Committee budget, Account No. O01-054-5220-3700,
Contributions, to the Director of Human Resources,
Fees for Professional Services, Account No. 001-
054-1270-2010, for payment of services for the
Homeless Housing Program and/or Abused Women's
Shelter provided to City citizens by The Salvation
Army.
Transfer $5,200.00 from the Citizens' Services
Committee budget, Account No. O01-054-5220-3700,
Contributions, to the Director of Human Resources,
Fees for Professional Services, Account No. 001-
O54-1270-2010, for payment of services provided to
City citizens at Bethany Hall.
Authorize the City Manager or his designee to nego-
tiate a contract for $23,000.00 with The Salvation
Army for the provision of services to City citizens
under the Homeless Housing Program and/or Abused
Women's Shelter. Council will be asked to
authorize execution of the contract after it has
been negotiated.
(For full text, see report on file in the City Clerk's Office.)
323
324
ACTION:
ACTION:
Fir. Musser offered the following emergency budget Ordinance:
(#30109-61890) AN ORDINANCE to amend and reordain certain sec-
tions of the 19g0-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 668.)
Mr. Musser moved the adoption of Ordinance No. 30109-61890. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ........ ' 6.
NAYS: None-- -0.
(Mayor Taylor was absent.)
Mr. Musser offered the following Resolution:
(#30110-61890) A RESOLUTION concurring in the recommendation of
the Citizens' Services Committee for allocation of City funds to
various agencies.
(For full text of Resolution, see Resolution Book No. 51, page 669.)
Mr. Musser moved the adoption of Resolution No. 30110-61890. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick ........ ' -6.
NAYS: None ........
-0o
(Mayor Taylor was absent.)
UNFINISHED BUSINESS:
BINGO AND RAFFLE OPERATIONS-LICENSES: The Director of Finance,
the City Attorney and the Commonwealth's Attorney submitted a joint
written report advising that on Tuesday, May 29, 1990, Council adopted
a new ordinance providing for the regulation of bingo and raffle games
in the City; that at the meeting it was requested that proposed Section
21-72 relating to the audit of reports and fees be removed so that
further study could be completed; that the Code of Virginia allows for
the local governing body to establish a reasonable audit fee of up to
two per cent of total gross receipts; that with start-up costs asso-
ciated with developing new forms, procedures, rules and regulations,
and explanatory information, it is expected that over $50,000.00 will
be spent the first year; that after conferring with other localities,
it was found that the reason the General Assembly raised the fee in the
1990 Session was because the one per cent fee was not covering actual
costs, and the localities found that the General Fund had to subsidize
this special regulatory section.
325
m
ACTION:
It was further advised that the fees have again been reviewed, as
well as the gross receipts collected as was reported by the organiza-
tions last year; and in order to sustain an active program of enfor-
cement and the maintaining and processing of applications, the
following fee schedule is recommended:
1.5 per cent of the first $150,000.00 of gross
receipts.
2.0 per cent of all gross receipts
$150,000.00.
over
It was explained that at the end of the first full year of opera-
tion, revenue collected will be reviewed to ensure that it is sup-
porting the program; that if the City collected more than is necessary
to support the program, a reduction in the fee schedule will be recom-
mended; and if the revenue collected is not sufficient to administer an
adequate program, an increase in the fees will be recommended.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#30111-61890) AN ORDINANCE amending the Code of the City of
Roanoke (1979), as amended, by enacting new §21-72, Audit of reports;
fee, to provide for the audit of bingo and raffle reports and ~o
establish the fee for such audits; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 670.)
Mr. Trout moved the adoption of Ordinance No. 30111-61890. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick 6.
NAYS: None ..........
(Mayor Taylor was absent.)
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 30081-61890 rezoning a tract of land lying
on the northwesterly side of Lynn Avenue, S. W., designated as Official
Tax Nos. 1271811-1271815, inclusive, from LM, Light Manufacturing
District, and rezoning Official Tax No. 1271816, from C-2, General
Commercial District, to C-1, Office District, subject to certain con-
ditions proffered by the petitioners, having previously been before the
Council for its first reading on Monday, June 11, 1990, read and
adopted on its first reading and laid over, was again before the body,
Mr. Musser offering the following for its second reading and final
adoption:
326
ACTION:
ACTION:
(#30081-61890) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 657.)
Mr. Musser moved the adoption of Ordinance No. 30081-61890. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick 6.
NAYS: None .......... -0.
(Mayor Taylor was absent.)
ZONING: Ordinance No. 30082-61890 rezoning a 1.5 acre parcel of
land located at the northeast corner of Hollins Road and Orange Avenue,
N. E., the northeast portion of which is identified as Official Tax No.
3042120, and the remaining portion bears no official tax number, from
LM, Light Manufacturing District, to C-2, General Commercial District,
subject to certain conditions proffered by the petitioner, having pre-
viously been before the Council for its first reading on Monday,
June 11, 1990, read and adopted on its first reading and laid over, was
again before the body, Mr. Trout offering the following for its second
reading and final adoption:
(#30082-61890) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 304, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 658.)
Mr. Trout moved the adoption of Ordinance No. 30082-61890. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Fitzpatrick .6.
NAYS: None ........
(Mayor Taylor was absent.)
.0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE VICE-MAYOR AND MEMBERS OF
COUNCIL:
TRAFFIC-MAYOR'S COMMITTEE FOR THE DISABLED: Council Member Trout
inquired as to the status of a measure which would provide certain
penalties for parking in a space designated for handicapped parking;
whereupon, the City Attorney advised that the measure would be included
on the agenda of Monday, June 25, 1990, for consideration by Council.
327
COUNCIL: Vice-Mayor Fitzpatrick expressed appreciation to the
citizens of the City of Roanoke and to the Members of Council for the
opportunity to serve as Vice-Mayor from July 1, 1988 to June 30, 1990.
COUNCIL-NEWSPAPERS (ROANOKE TIMES & WORLD-NEWS): The Vice-Mayor
welcomed students who were par~i6ipating" in the"19~O Minority Journa-
lism Workshop through the Roanoke Times & World-News.
OTHER ItEARINGS OF CITIZENS: NONE.
There being no further business, the Vice-Mayor declared the
meeting adjourned at 2:40 p.m.
APPROVED
ATTEST:'/"~ ~"~ ~"
City Clerk
Vice-Mayor
528
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
June 25, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 25, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
~, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~u~, as amended.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor ........ 7.
ABSENT: None .............
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTS OF ACKNOWLEDGEMENT-COUNCIL: Inasmuch as Council Member
James O. Trout's term of office as a member of City Council will expire
on June 30, 1990, Mr. Garland offered the following Resolution
recognizing and commending the service of Mr. Trout:
(#30112-62590) A RESOLUTION recognizing and commending the
Honorable James O. Trout, Member of City Council.
(For full text of Resolution, see Resolution Book No. 51, page 671.)
Mr. Garland moved the adoption of Resolution No. 30112-62590. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser and Mayor Taylor ....... 6.
NAYS: None ......... .0.
(Council Member Trout abstained from voting.)
Vice-Mayor Fitzpatrick presented Mr. Trout with a framed copy of
Resolution No. 30112-62590.
329
m
ACTION:
Council Member Garland presented Mr. Trout with a sterling silver
sandwich tray with his years of service engraved thereon.
Council Member Musser presented Mr. Trout with a gold plated clock
with the City Seal engraved thereon.
Council Member Bowers presented Mr. Trout with framed letters of
appreciation for services rendered from the Honorable George Bush,
President of the United States of America, and the Honorable Douglas
Wilder, Governor of Virginia.
The City Manager presented Mr. Trout with a framed photograph of
the Roanoke Regional Airport Terminal.
Council Member Bowles presented Mrs. Trout with a basket con-
taining items that are symbolic of the City of Roanoke and the Common-
wealth of Virginia.
The Mayor presented Mr. Trout with a plaque containing his years
of service, with the Key to the City of Roanoke mounted thereon.
Inasmuch as Council Member Robert A. Garland's term of office as a
Member of City Council will expire on June 30, 1990, Mr. Musser offered
the following Resolution recognizing and commending the service of Mr.
Garland:
(#30113-62590) A RESOLUTION recognizing and commending the
Honorable Robert A. Garland, Member of City Council.
(For full text of Resolution, see Resolution Book No. 51, page 671.)
Mr. Musser moved the adoption of Resolution No. 30113-62590. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Musser, Trout
and Mayor Taylor .......... 6.
NAYS: None .................. O.
(Council Member Garland abstained from voting.)
The Mayor advised that Council would honor Mr. Garland at a
banquet on Monday, July 1, 1990, at which time appropriate presen-
tations would be made.
BID OPENINGS:
CIVIC CENTER: Pursuant to notice of advertisement for bids for
removal of ACM Ceiling at the Roanoke Civic Center Auditorium, said
bids to be received by the City Clerk until 1:30 p.m., on Monday,
June 25, 1990, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
330
ACTION:
ACTION:
ACTION:
BIDDER
BID ITEM 1
BID ITEM 2
WACO, Inc.
AREMCO, Inc.
Anderson Services, Inc.
Onei da Asbestos
Abatement, Inc.
HICO, Inc.
Western State Insulation
Company
EME, Inc.
Strahle Construction
Co., Inc.
Falcon Associates, Inc.
LCM Corporation
American Diversified
Const., Inc.
ACMC, Inc.
HEPACO, Inc.
$139,800.00
157,333.00
172,322.11
187,000.00
219,890.00
259,793.00
262,340.00
263,000.00
274,000.00
321,115.00
347,777.11
348,000.00
370,229.00
$144,800.00
194,333.00
NO BID
193,000.00
224,890.00
270,246.00
273,340.00
NO BID
298,000.00
342,556.00
372,777.11
NO BID
388,740.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (Al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (Al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
331
ACTION:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....................................... 7.
NAYS: None ...............
SCHOOLS: A report of qualification of Messrs. Finn D. Pincus and
Emanuel C. Edwards as members of the Roanoke City School Board for
terms of three years each commencing July 1, 1990, and ending June 30,
1993, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............... 7.
NAYS: None ........... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY, INC.: Mr. E.
Cabell Brand, President, Total Action Against Poverty in the Roanoke
Valley, Inc., appeared before Council and presented a statement high-
lighting TAP's 25 year history. He advised that in December 1989,
TAP's central headquarters located on Shenandoah Avenue, N. W., was
destroyed by fire, that in early January 1990, he appointed a
Rebuilding Committee to examine options for a future site and members
of the committee have been meeting with the City Manager and his staff
to discuss possibilities and opportunities.
Mr. Brand pointed out that given TAP's priorities, it was natural
to consider Henry Street as a potential location; that since it became
clear that not all with whom they talked shared their enthusiasm for
Henry Street, TAP looked elsewhere and called attention to the former
Stone Printing Company building which would meet space requirement
needs. He advised that the City Administration has suggested a third
option which is the School Administration Building.
Mr. Brand explained that TAP is interested both in finding the
best location for its facilities and in being a good citizen, and for
this reason, he has written to the City Manager indicating that TAP
would look favorably on the School Administration Building if the Henry
Street renewal is outside the realm of possibility and if the City will
help with the following:
332
(1)
(2)
(3)
(4)
that the building and land be deeded to TAP as
a gift with no restrictions;
that the City remove the existing asbestos,
fix the roof and provide additional parking;
that all decisions by the appropriate bodies,
City Council and the School Board, be carried
out before the expiration of TAP's option on
the Stone Printing building; and
that TAP be authorized to occupy the facili-
ties as soon as possible.
In closing, Mr. Brand stated that since time is a critical con-
sideration; perhaps TAP should consider the Stone Printing building as
a temporary headquarters since they can move in immediately.
Mr. Brand urged that the City of Roanoke redefine its commitment
to the Henry Street economic development program, and requested that
the City study the data and cost estimates collected by TAP. He
encouraged Council to appoint a committee composed of two or three
Members of Council to work with the City Manager, the Executive
Director of TAP and two members of the TAP Board of Directors to eva-
luate the various alternatives before TAP's option expires on the Stone
Printing building on July 20, 1990. He suggested that the City restudy
the possibility of the Henry Street renewal as an economic development
program, advising that over the long term of a 25 year perspective, it
is his opinion that the best investment would be on Henry Street; that
if Virginia Tech is successful with The Hotel Roanoke project and the
convention center and exhibit hall become a reality, the Henry Street
commercial economic development next door will be a guaranteed economic
success; and if The Hotel Roanoke plans do not materialize or are
seriously delayed, a Henry Street economic development on the north
side of the railroad tracks may be even more important to the City of
Roanoke.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Reginald Shareef, 1227 Rugby Boulevard, N. W., appeared before
Council and spoke in support of the Henry Street revitalization project
in general, and requested Council's favorable consideration concerning
the location of TAP's headquarters in the Henry Street area. He asked
that Council not under estimate the importance of the Henry Street area
to the progressive image of Roanoke City. He advised that Henry Street
remains a historical reminder of African American cultural enrichment,
economic development and entrepeneural spirit. He commented that much
like the Harrison Museum of African American Culture, Henry Street
represents a collective institutional presence that has enhanced the
quality of life for the entire community. He stated that continued
renewal of the Henry Street area will also complement the revitaliza-
tion process of downtown Roanoke and the institutional transformation
currently taking place in the immediate area.
333
ACTION:
Mr. Garland moved that the Mayor be authorized to appoint the com-
mittee as requested by Mr. Brand. The motion was seconded by Mr.
Bowers and unanimously adopted.
Upon advice of the City Attorney, Mr. Bowers moved that Council
meet in Executive Session to discuss a personnel matter dealing with
appointment of Members of Council to serve on a committee as requested
by the President of Total Action Against Poverty in the Roanoke Valley,
Inc. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ......... 7.
NAYS: None ............
Oe
(See page for further action on the matter.)
PETITIONS AND COMMUNICATIONS:
COUNCIL-LEGISLATION: A communication from Vice-Mayor Beverly T.
Fitzpatrick, Jr., with regard to an article from the Richmond-Times
Dispatch which relates to the issue of local lobbying on behalf of
Cities and counties in the Virginia General Assembly, was before
Council.
Vice-Mayor Fitzpatrick advised that the article discusses how
other communities in the Commonwealth are maximizing benefits by
complimenting their elected officials with full-time lobbyists; and the
City is most fortunate to have in the Roanoke Valley one of the finest
elected delegations of any area of the Commonwealth, who not only
assist.the City greatly in its leglislative affairs efforts, but are
looked upon as leading policy makers for the entire Commonwealth.
Mr. Fitzpatrick further advised that having someone always in the
General Assembly on constant vigil or working with other senators and
delegates on projects can assist the City's elected senators and dele-
gates and can enhance their ability to assist Council with projects
such as additional funding for education, the Trade and Convention
Center, the expansion of the Regional Sewage Treatment Plant, the
University Connection highway and other matters that need special
attention as Council moves the Valley forward.
Mr. Fitzpatrick suggested that each Member of Council read the
material and request the City Manager, the City Attorney and the
Director of Finance to report to Council on their feelings about the
assistance a lobbyist, with the Valley's best interests in mind, might
lend to Council's efforts. Further, he requested that the senators and
delegates of the Roanoke Valley give Council their thoughts on the
opportunity and whether it would benefit their efforts to assist
Council in those projects which are considered to be vital to the eco-
nomic vitality of the City.
(For full text, see communication on file in the City Clerk's Office.)
3'34
ACTION:
Following discussion, Mr. Trout moved that the matter be referred
to the City Manager, the City Attorney and the Director of Finance for
study and report to Council. The motion was seconded by Mr. Bowers and
unanimously adopted.
BUDGET-SCHOOLS-GRANTS: A communication from the Roanoke City
School Board requesting that Council close out the following 36
completed school grants which will result in a net decrease in
appropriations in the amount of $60,449.00, was before the body.
035-060-6124 Chapter I Winter 124-89-1 $ 1,882.00
035-060-6125 Chapter I Sunnier 124-89-2 (68,603.00)
035-060-6126 Chapter ! Carryover 124-89-3 71,415.00
035-060-6217 Chapter II 87 ( 9,169.00)
035-060-6218 Staff Development Title II 86 ( 791.00)
035-060-6219 Staff Development Title II 87 ( 245.00)
035-060-6221 Instructional Services Title II ( 73.00)
035-060-6222 Chapter II 88 ( 8,557.00)
035-060-6415 Alternative Education 89 ....
035-060-6416 Vocational Education Teen Mothers 2,749.00
035-060-6417 Summer Youth Employment 89 ( 8,886.00)
035-060-6420 Licensed Practical Nursing 89 ....
035-060-6421 Licensed Practical Nursing 90 ....
035-060-6560 Transitional Services 88 ( 308.00)
035-060-6561 Special Education Tuition 88 2,018.00
035-060-6563 Flow Through 89 5,748.00
035-060-6564 Child Development Clinic 89 ( 287.00)
035-060-6565 Bureau of Crippled Children 89 { 170.00)
035-060-6566 Juvenile Detention Home 89 ( 36.00)
035-060-6567 Special Education Inservice 89 ....
035-060-6568 Teenage Mothers Grant ( 290.00)
035-060-6571 Preschool Incentive 89 ( 2,390.00)
035-060-6732 Vocational Education Equipment 88 ( 485.00)
035-060-6733 Apprenticeship 89 ( 4,103.00)
035-060-6734 ABE/DIAL 89 ( 5,059.00)
035-060-6735 GED Testing 89 ( 663.00)
035-060-6736 Vocational Education Equipment 89 ( 1,074.00)
035-060-6811 Artist in Education 89 ( 2,168.00)
035-060-6812 Magnet School Artists 89 ....
035-060-6926 Partners in Excellence 455.00
035-060-6938 Removal of Architectural Barriers ....
035-060-6939 Substance Abuse Prevention & Education ( 2,970.00)
035-060-6940 Governor's School 89 (21,163.00)
035-060-6943 Grants Development 89 ( 5,985.00)
035-060-6945 Regional Science Fair 89 ( 1,141.00)
035-060-6947 Chess Program 89 ( 100.00)
Net Decrease $(60',449.00)
(For full text, see communication on file in the City Clerk's Office.)
335
,m
ii
ACTION:
ACTION:
A report of the Director of Finance advising that the request to
close grants is necessary inasmuch as the grant programs have been
completed; and recommended that Council concur in the request of the
School Board, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#30114-62590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 672.)
Mr. Bowers moved the adoption of Ordinance No. 30114-62590. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Musser, Trout
and Mayor Taylor ...................... 6.
NAYS: None ......................
(Council Member Garland was out of the Council Chamber.)
INDUSTRIES-BONDS: A communication from Mr. Harwell M. Darby, Jr.,
Attorney, representing the Industrial Development Authority of the City
of Roanoke, requesting approval of a plan to assist Quibell Corporation
in financing the acquisition, construction and equipping of a manufac-
turing facility to be located in the Roanoke Centre for Industry and
Technology, Lots 9 and 10, by issuance of up to $2,500,000.00 of
industrial development revenue bonds, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30115-62590) A RESOLUTION approving the plan of financing of
the Industrial Development Authority of the City of Roanoke, Virginia,
for the benefit of Quibell Corporation, to the extent required by
Section 147 of the Internal Revenue Code of 1986, as amended.
(For full text of Resolution, see Resolution Book No. 51, page 675.)
Mrs. Bowles moved the adoption of Resolution No. 30115-62590. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Musser, Trout
and Mayor Taylor ......... 6.
NAYS: None ..............
O.
(Council Member Garland was out of the Council Chamber.)
336
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SALE/PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS-FLOOD REDUCTION/
CONTROL: The City Manager submitted a written report advising that a
bond referendum for the financing of the Roanoke River Flood Reduction
Project was approved by the citizens of the City of Roanoke on
April 11, 1989; that Ordinance No. 29733-91189, adopted on
September 11, 1989, authorized acquisition of property rights for the
Roanoke River Flood Reduction Project, however, the final location for
the Early Warning System was subject to further review; and the Local
Cooperative Agreement between the City and the United States Army Corps
of Engineers has been successfully negotiated by City staff and is to
be signed in the near future.
It was further advised that the project schedule, as mutually
agreed to by City staff and the Corps of Engineers, includes separate
construction projects for the Early Warning System and the Flood
Reduction Channel Project, which will allow the project to proceed as
the right-of-way is obtained; that four sites required for the comple-
tion of the total Integrated Flood Observation and Warning System
(IFLOWS) network for the Upper Roanoke River Basin have now been iden-
tified, consisting of the following and are more particularly iden-
tified on maps attached to the report:
Mill Mountain Site is located adjacent to the
Communications Tower on City owned land on Mill
Mountain.
Tinker Creek Site is located approximately 200 feet
downstream of the Tinker Creek and Carvins Creek
confluence on property owned by Elizabeth Arden.
Mason Creek Site is located adjacent to Mason Creek
approximately 200 feet downstream of the Route 311
and Route 740 intersection within the Virginia
Department of Transportation right-of-way.
Roanoke River Site is located adjacent to the
bridge over the North Fork of the Roanoke River in
Montgomery County. This site is located within the
Virginia Department of Transportation right-of-way.
It was explained that required easements for the four sites will
consist of a legal easement agreement for the Tinker Creek site,
Virginia Department of Transportation Land Use Permits for the Mason
Creek and the Roanoke River sites, and a Resolution from City Council
for the Mill Mountain site.
337
m
ACTION:
The City Manager recommended that Council adopt a measure
authorizing the use of Mi]l Mountain property for the purpose of
installing and maintaining an automatic rain gauge and authorizing
acquisition of three easements, subject to approval by the City
Attorney, on property owned by the Virginia Department of Transporta-
tion and Elizabeth Arden.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#30116-62590) AN ORDINANCE authorizing the City's acquisition of
three easements in land and providing for use of certain City-owned
property for the Roanoke River flood reduction project early warning
system, upon certain terms and conditions; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 676.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30116-62590.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Musser, Trout
and Mayor Taylor ....... 6.
NAYS: None .......... O.
(Council Member Garland was out of the Council Chamber.)
GRANTS-PLANNING: The City Manager submitted a written report
advising that Council authorized the second year of funding for the
Western Virginia Revolving Loan Fund as part of the Community
Development Block Grant (CDBG) application, which was approved by
Council on May 14, 1990, pursuant to Resolution No. 30041-51490; that
the first year of funding was approved by Council on April 10, 1989,
pursuant to Resolution No. 29512; and the City has received HUD appro-
val of the CDBG application, pursuant to communication under date of
June 18, 1990.
It was further advised that the Western Virginia Revolving Loan
Fund is a project operated by Southwest Virginia Community Development
Fund to provide low interest loans to small businesses in the greater
northwest Roanoke area and industrial areas of the City for the
creation of jobs; that local matching funds necessary for the program
are provided by $33,334.00 in fiscal year 1990-1991 CDBG funds, plus
$33,333.00 in carry-over monies which will leverage a minimum of
$733,334.00 in additional funds from various sources for businesses in
Roanoke; and an administrative agreement between the City and Southwest
Virginia Community Development Fund is necessary in order for funds to
be disbursed for business loans.
338
ACTION:
The City Manager recommended that he be authorized to execute an
agreement with the Southwest Virginia Community Development Fund for
administration and implementation of the Western Virginia Revolving
Loan Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#30117-62590) A RESOLUTION authorizing the execution of a writ-
ten agreement with the Southwest Virginia Community Development Fund
for the implementation and administration of the Western Virginia
Revolving Loan Fund program, and providing for certain Community
Development Block Grant (CDBG) funds for the purpose, for the period
beginning July 1, 1990, and ending June 30, 1991.
(For full text of Resolution, see Resolution Book No. 51, page 676.)
Mr. Trout moved the adoption of Resolution No. 30177-62590. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Musser, Trout and
Mayor Taylor ........ -6.
NAYS: None .......
(Vice-Mayor Fitzpatrick was out of the Council Chamber.)
SEWERS AND STORM DRAINS-WATER DEPARTMENT: The City Manager and
the Director of Finance submitted a joint written report advising that
available working capital in excess of obligations in the Water and
Sewer Funds should be at least $1,000,000.00, each, to provide for cash
flows and emergencies such as floods and droughts; and the status of
Water and Sewer Fund working capital in excess of obligations projected
to June 30, 199D, is as follows:
Water - $977,572.00
Sewage - -$548,641.00'
* - Several projects will last for multiple years
which should provide time to meet the current obli-
gations from current rate structures.
It was further advised that requirement by the State Health
Department to replace the pressure sand filters and renovate the
Falling Creek Filter Plant has been acknowledged; that plans and speci-
fications have been prepared and advertised; that a portion of the bid
to renovate Falling Creek, in the amount of $246,881.00 for equipment,
has been awarded, and the remainder, in the amount of $1,004,119.00, is
on hold, pending certification of funds by the Director of Finance
until June 30, 1990; that the last overall water rate increase occurred
339
m~
m
m~
in 1976; that the last overall sewer rate increase occurred in 1981,
followed by a decrease in 1985; and the average cost of residential
water and sewer service, based on a typical residential usage of 1800
cu. ft. units, is as follows:
Monthly Daily
Water $3.20 $.11
Sewage 5.16 .17
$8.36 $.28
It was explained that the drought of 1988 showed the weakness in
the City's water system and pointed out the need to expand Carvins Cove
Filter Plant from a rated capacity of 18 million gallons per day (MGD)
(peak) to 28 MGD (peak) in order to fully utilize the safe raw water
yield of 20 MGD; that Council authorized a Carvins Cove Filter Plant
renovation and expansion feasibility study on August 14, 1989, with
Mattern and Craig and Alvord, Burdick and Howson, Consulting Engineers;
and preliminary information from the study, as well as the known bid
amount from the Falling Creek Filter Plant renovation results in the
roi]owing immediate extraordinary capital needs: (prices include engi-
neering and 15 per cent contingency in 1990 dollars)
Item Description Estimated Cost
Improvements to raw water
at Carvins Cove Dam $
Low lift pump station
expansion for Carvins
Cove Filter Plant 2,308,050.00
3 Carvins Cove Treatment Plant
upgrading and expansion 8,987,250.00
4 Transmission line from
Carvins Cove plant to
Hershberger Road (Delray
Pumping Station location)
Falling Creek Filter Plant
Renovation
5
645,150.00
4,175,650.00
1,004,119.00
$17,120,219.00
The amount of $17,100,000.00 is the estimate used
to project funding needs.
lhe City Manager explained that 1989 was the fourth wettest year
in history and has shown again the need to renovate and expand
Roanoke's joint sewage facilities; that the City treats sewage from the
City of Roanoke, City of Salem, Roanoke County, Town of Vinton, and
Botetourt County under the terms of 30 year agreements executed in
1972; that City reserve capacity in the sewage plant is 15.83 MGD; that
34O
City actual flows to the sewage plant are 16 - lg MGD during average
rainfall conditions, but have averaged as high as 29.05 MGD for the
month of July, 1989; that the Wastewater Facility Plan dated February,
1987, and prepared for the City, in consultation with the staffs of all
contracting jurisdictions projected the need to increase the capacity
for "wet" months from the current permit limits of 35 MGD to 62 MGD;
and overall system joint use facilities improvements were projected to
cost $32,000,000.00 in the 1987 report.
The City Manager further explained that high rainfall amounts and
resulting high sewage flows during 1987 and 1989 has resulted in the
need to re-define the extent of the needed expansion; that preliminary
information results in the need to expand from an average monthly capa-
city of 35 MGD to an average monthly capacity of 42 MGD and, more
importantly, a "wet" monthly capacity of 72 MGD; that the current esti-
mated cost to renovate and expand the Sewage Treatment Plant and
replace the Roanoke River Interceptor from the City of Salem to the
plant, as well as replace the Tinker Creek Interceptor from Orange
Avenue to the plant, in 1993 dollars, is in the amount of
$43,643,000.00; and City share of these unusual and extraordinary capi-
tal improvements, plus improvements to the wholly owned and used
distribution system, is $15,500,000.00, with the remainder to be paid
by the other jurisdictions using the Sewage Treatment Plant and
incoming interceptors.
It was pointed out that the Water and Sewer Funds have no
significant retained earnings; that the annual costs for providing
water and sewer service have increased in the range of six to nine per
cent annually; that the last water rate increase was in 1976 and the
last sewer rate increase was in 1981; that both funds have been unable
to budget for replacement equipment and maintenance from annual revenue
because of current rate structures; that this lack of revenue has
required the use of prior years' retained earnings and the delay in
needed capital replacement; that $17,100,000.00 in water capital needs
and $15,500,000.00 as City share of sewage capital needs have been
identified; that rates for water and sewage services are currently the
lowest in the State for known comparable localities; and an increase in
water and sewer rates over the next five years in the following amounts
i s needed:
Water
Sewage
12.11 per cent increase each year for
fi ve years.
12.96 per cent increase each year for
fi ve years.
It was explained that the regressive water rates, e.g. the more
the volume used, the lower the unit cost for water, is a rate structure
that does not encourage water conservation; that many utilities have
either a flat rate for usage or a progressive rate, e.g. the more
volume used, the higher tile unit cost for water; that the City needs to
work toward a goal of a flat water rate, perhaps not all at once in
fairness to large commercial and industrial users; that 54 users would
be affected if the City abolished the bottom two steps of a four step
regressive water rate schedule; that Council authorized the Director of
341
ACTION:
Finance to employ David M. Griffith, Inc., to review the City's water
and sewage service rates; that a full report is available in the Office
of the Director of Finance for review as deemed appropriate; and the
rates which are being recommended are less in some instances than the
rates suggested by David M. Griffith, Inc.
The City Manager recommended that Council authorize a five year
phased-in, across the board increase, in water and sewer rates in
accordance with the different schedules contained on Attachment B to
the report; that the rates be effective with all water and sewage
billed on and after October 1, 1990, July 1, 1991, July 1, 1992, July
1, 1993 and July 1, 1994; that for water rates effective July 1, 1991,
the bottom rate step in the regressive scale will be deleted and the
rate next to the bottom will be deleted, effective July 1, 1992; and
connection charges, special service charges, fire service charges, and
septic tank disposal charges are recommended for all billings on or
after October 1, 1990.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#30118-62590) A RESOLUTION establishing certain water and sewer
rates and other related rates and charges for this City, effective
August 1, 1990.
(For full text of Resolution, see Resolution Book No. 51, page 677.)
Mrs. Bowles moved the adoption of Resolution No. 30118-62590. The
motion was seconded by Mr. Garland.
The City Manager referred to the presentations which were made
over the last month pertaining to the water and sewer systems and
public utilities. He stated that Roanoke's Water and Sewage Depart-
ments have done an outstanding and cost effective job in treating raw
water, delivering it to the consumer, collecting water from the whole
Roanoke Valley and treating it again so that the water will be cleaner
than the river in which it enters. He advised that both the City's
water and sewage systems are at or near capacity and both require
expansion and renovation. He called attention to the Carvins Cove
Filter Plant which now produces 18 million gallons of treated water
per day and needs to be expanded so that it can produce 28 million
gallons per day. He explained that State Health Department regulations
require that when a water system operates with 80 per cent of capacity
for three consecutive months, plans must be made to upgrade the system,
advising that during the drought of 1988, the facility was at 79 per
cent of capacity for three consecutive months, with certain individual
days exceeding that level. He added that the drought showed the
weaknesses in the City's system; that even though there was raw water
in the dam, it could not be treated and transported fast enough to
meet customer demands which left spot outages and low water pressure
in certain areas of the City. He stated that the Falling Creek Filter
342
Plant contributes approximately 1.8 million gallons per day to the
water system, however, it no longer meets state regulations for
treating water. He explained that the Falling Creek Filter Plant was
built in 1927 and can be described as being a rustic water plant; that
beyond the condition of the physical plant, the equipment is outdated,
and the pressure filters have been ruled by the State Health Department
as no longer meeting state regulations. He called attention to state
standards which have changed the quality of water that is to be pro-
duced at the Falling Creek facility, and the City has been put on
notice by the State that it must either correct the shortcomings or
take the project off line, advising that the plant needs to be moder-
nized to include heat and indoor plumbing.
In 1985, the City Manager explained that Council authorized a
study of the Water Facility Plant, under the direction of the State
Water Control Board; that the study was completed in February 1987, and
recommended expansion of the waste water system which treats sewage
from Roanoke City, the City of Salem, Botetourt County, the Town of
Vinton and Roanoke County. He added that included in the recommen-
dation was the replacement of all or part of the two main interceptor
lines; that the increased capacity of the lines corresponds to
increased capacity of the plant which is proposed to go from its pre-
sent 35 million gallons per day to at least 62 million gallons per day,
and, in fact, expansion would likely be defined at 70 or more million
gallons per day based on needs of the other jurisdictions. He stated
that last year's wet weather demonstrated how close to capacity the
Sewage Treatment Plant has been operating; that on several occasions,
the Plant exceeded limits set by the State Water Control Board, and, in
fact, even now the plant violates its permits when there is a heavy
saturation of ground water. He further stated that fortunately some of
the 30 million gallons of waste water per day can be diverted into
holding tanks and can be held to be treated during peak periods which
keeps the plant from being over loaded and making direct discharge into
the stream. He stressed that these improvements must be made; that
they are not optional and have been requested by the state and federal
authori ties.
Mr. Herbert stated that it is his responsibility to point out to
Council what could be the result of not taking action in this par-
ticular area, advising that the State has the authority to prohibit new
building permits through refusal to allow any new hook ups to the water
system, the result of which would literally bring economy to a halt in
terms of new construction. He explained that even if these projects
were not mandated, they still need to be made because without them
Roanoke will find itself unable to provide water for some of its citi-
zens in the needed volume to drink and for fire protection. Ne advised
that for the past 13 months, the facility has exceeded the 35 MGD capa-
city that the Sewage Treatment Plant should be receiving which is a
valley-wide problem. He explained that the Water and Sewer Funds are
unable to pay for these needed capital improvements and called atten-
tion to the need to increase water and sewer rates to pay for the
necessary improvements. In summary, the City Manager advised that the
capital projects are:
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343
improvements to raw water intake at Carvins Cove
Dam;
expansion of the low lift pump station from 12 MGD
up to 28 MGD;
expansion and upgrading of the Carvins Cove Filter
Plant by ten million gallons per day;
transmission line from the Treatment Plant to the
Delray Pumping Station in the vicinity of Cross-
roads Mall;
improvements to Falling Creek Filter Plant in order
to bring the facility into technical compliance
with the State Health Department.
With regard to the sewer system, the City Manager advised that the
Sewage Treatment Plant needs to be renovated in order to bring it up to
current day standards in terms of the City's permit. He called atten-
tion to the need for dry weather expansion from 35 to 42 MGD in order
to address the needs of the entire Roanoke Valley; and replacement of
the Roanoke River Interceptor, as well as the Tinker Creek Interceptor.
He advised that the above represents a total of $43 million, with the
City's share being in the range of approximately $9 million, along with
other improvements in the City's collector system.
The Director of Finance advised that the Water and Sewer Funds
have basically no significant retained earnings, and at the present
time, it is possible to have a deficit in the Sewer Fund if all of the
appropriations currently authorized are expended. He explained that
many improvements were made in the Williamson Road area during the time
that the changes were being made to the sewer system which were unan-
ticipated; that annual costs in the water and sewer system have risen
each year in the area of six to nine per cent; that the City's last
water rate increase was in 1976 and the last sewer rate increase was in
1981; that both funds have literally been unable to budget for replace-
ment equipment and maintenance from annual revenue; and he has been
unable to certify funds for a bid to replace the Falling Creek Filter
Plant.
Mr. Schlanger advised that once the capital needs of the Water and
Sewer Funds were identified, the ball as passed to him as Chief
Financial Officer of the City to analyze and recommend alternatives to
fund such requirements; that inasmuch as this was such an important
step in correcting some of the City's infrastructure problems in
meeting the necessary state and federal requirements, he felt it was
important to turn to a neutral third party which, in this case, was
David M. Griffith and Associates, to perform a rate analysis study. He
stated that the Griffith report was thorough, but he was not comple-
tely convinced that the recommendations had to be implemented in their
entirety; therefore, internally, the report was taken apart and
rebuilt. He stated that when the process started, it was realized that
the Water and Sewer Funds had no retained earnings; that he was mindful
344
of the financial requirements to provide for the necessary capital pro-
jects over a reasonable period of time, as well as the need to stabi-
lize reserves to meet further crises and for daily operating expenses,
but most importantly, it was desired to lessen the impact to whatever
extent possible for the citizens who pay for the service. He advised
that the consultant's recommendation called for a 60 1/2 per cent
increase in water rates and a 97 per cent increase in sewer rates;
however, the Administration was recommending a 12.11 per cent increase
in water rates and a 12.96 per cent increase in sewer rates each year
for the next five years, with the first increase becoming effective on
October 1, 1990, and for the next four years on July 1 as outlined in
Attachment B to the report. He called attention to other recommen-
dations such as fee changes for fire protection, septic tank disposal
charges, water connection fees for domestic and fire services and spe-
cial charges. He also called attention to another important recomff~n-
dation which is the elimination of the bottom rate of the regressive
scale, effective July 1, 1991, and the next to the bottom rate elimina-
tion of the regressive rate on July 1, 1992. He advised that the abo-
restated recommendation will fund capital requirements as outlined by
the City Manager, noting that the average residential customer who is
currently paying 28 cents per day will pay 31 cents per day for the
first year and 45 cents per day during the fifth year.
The City Manager advised that when he began to seriously consider
the timing and the recommendation he might bring to Council, he formed
a system of committees to advise and have input known as a water and
sewer rate citizens committee and a water and sewer facilities plan
professional committee. He further advised that members of the water
and sewer rate citizens committee consisted of Ms. Kathy Hill, Mr.
Bittle Porterfield, Mr. Lewis Hartman, Ms. Mildred Prater, Mr. Lewis
Ellis, Mr. Sherman Franklin, Mr. Eldridge Chambers, Ms. Florine
Thornhill, Mr. Charles Trent, and Mr. Cecil Kinser. He stated that
these citizens spent a number of evenings dealing with City staff and
they had access to the same information that has been furnished to
Council because City staff was looking for direction as to whether the
project made sense and whether it was needed. Ne stated that a pro-
fessional committee was appointed as well composed of representatives
of some of the larger users of water consisting of Mr. Ray Sarver, a
plumber, Mr. E. C. Pace, a contractor, Mr. James Douthat, an attorney,
Mr. Brian Wishneff, City Planner, Mr. Wayne Craig, an engineer, Mr.
Samuel Lionberger, a developer, Mr. Frank Boxley, a contractor, Mr.
A. Byron Smith, a local businessman, Mr. Pat Shaffner, an architect,
and Mr. Steven Mancuso, Valley Metro. He added that these citizens and
business persons had an impact in terms of the recommendation which was
submitted to Council and how the rate structure will be affected.
Mr. Louis E. Ellis, 1502 Sherwood Avenue, S. Wa.n,d representing a
group of concerned citizens who served on the water sewer advisory
committee, advised that after careful deliberation, it has become
apparent that major improvements are required to both the water and
sewer systems, with the cost of implementation to be significant and
unavoidable. He stated that it is imperative that the locality main-
tain efficient and reasonable delivery of basic services to the citi- '
zens; that citizens have enjoyed a bargain in the form of water and
sewer service facilities for a number of years, while the City has "-
maintained the quality of these services, and in order to insure
proper levels of water delivery, to increase the wastewater treatment
345
capacity and to provide water quality assurances, citizens must face
the reality of the costs involved in delivering these services. He
explained that the proposal before Council is to increase the daily
cost over five years to that of a can of soda for the average household
at today's prices. He stated that the proposed improvements and expla-
nations are responsible and necessary and urged that Council support
the recommendation of the City Manager and the Director of Finance.
Council Member Bowles, Chairman of the Water Resources Committee,
advised that by majority vote, the Water Resources Committee concurred
in the City Manager's recommendation.
Following discussion of the recommendation, Mr. Trout proposed
that Council consider a one year water rate increase and a one year
sewer rate increase and that $797,000.00 be transferred from the pro-
posed pedestrian bridge over The Norfolk and Western Railway tracks
from the Dominion Tower to The Hotel Roanoke to the Falling Creek
Filter Plant account, in order to provide sufficient funds for improve-
ments to the Falling Creek Filter Plant.
Upon question, the Director of Finance advised that Mr. Trout's
proposal would solve the immediate problems in the Water and Sewer
Funds; however, to his knowledge, it would be the first time in the
history of the City of Roanoke that an Enterprise Fund would be supple-
mented, other than the Civic Center Fund which is normally supplemented
from the General Fund. He stated that the history of the Water and
Sewer Funds is that the rates have always maintained that function, and
expressed concern that if at a later date Council wishes to proceed
with the pedestrian bridge, that amount of money would have to be
appropriated in the General Fund which could prove to be difficult.
He stated that in accounting terms, Council )las the right to do exactly
what Mr. Trout has proposed, advising that if the water rate is
increased by 12.11 per cent, effective October 1, 1990, that action
would provide $238,000.00 and would allow him to certify funds for the
Falling Creek Filter Plant improvements, but would not provide suf-
ficient funds should there be other large capital requirements needed
in the Water Fund.
Mr. Schlanger advised that if the sewer rate is increased by
12.g6 per cent for one year, that action would provide an additional
$518,000.00 per year and only $388,000.00 in the coming fiscal year,
assuming that the increase is made effective October 1, lggo. He added
that such an increase would not solve the problem in the Sewer Fund
inasmuch as there is presently a one-half million dollar deficit.
Mr. Fitzpatrick expressed concern over commitments which have been
made by Council to Virginia Tech or whomever the hotel developer may be
and the precedent that would be set if Council votes to take funds
already committed to the pedestrian bridge in order to subsidize water
and sewer rates, which, in the past, have been subsidized by user fees.
346
ACTION:
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ACTION:
Mr. Trout offered a substitute motion that Council approve a one
time sewer rate increase of 12 per cent and a one time water rate
increase of 12 per cent; that funds in the amount of $797,000.00 be
transferred, temporarily, from the proposed pedestrian bridge over the
Norfolk and Western Railway tracks from the Dominion Tower to The Hotel
Roanoke to the Falling Creek Filter Plant account; that Council retain
the current regressive rate structure; and that Council approve con-
nection fees as proposed by the City Manager. The motion was seconded
by Mr. Musser.
There was discussion with regard to transferring the pedestrian
bridge funds to the Falling Creek Filter Plant project in which the
Director of Finance advised that Mr. Trout's proposal has merit for the
pure reason that the Falling Creek Project should and must be done;
however, he stated that it is not his recommendation that it is in the
best interest of the City to carry out Mr. Trout's proposal. He
further stated that this would be the first time in the history of the
City of Roanoke that a City Council has taken funds which were set
aside in a capital project for another purpose and used those funds to
subsidize the Water and Sewer Funds which have always been supported by
user fees.
At the request of certain Members of Council, the Mayor declared
the meeting in recess at 4:35.
At 4:40 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
Following discussion, the substitute motion offered by Mr. Trout,
seconded by Mr. Musser, was lost by the following vote:
AYES: Council Members Bowers, Musser and Trout ........
NAYS: Council Members Bowles, Fitzpatrick, Garland and Mayor
Tayl or ............. 4.
Mr. Bowers offered a substitute motion that Council approve a one
time 12 per cent increase in the water rate and a one time 12 per cent
increase in the sewer rate; approve connection fees proposed by the
City Manager; retain the current regressive rate structure; and request
that the City Manager report to Council with a recommendation on
funding for improvements to the Falling Creek Filter Plant. The motion
was seconded by Mr. Musser.
Upon question, the Director of Finance advised that if the substi-
tute motion is adopted, he would be in a position to certify funds for
the Falling Creek Filter Plant improvements.
The substitute motion was then adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............... 7.
NAYS: None .......... -0.
347
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ACTION:
ACTION:
ACTION:
As a result of the action taken by Council, the City Attorney
reviewed certain revisions that would be necessary to a proposed reso-
lution presently before the Council. He also pointed out that it would
be necessary to amend the exhibit which has been changed from Attach-
ment B to Attachment H.
Mr. Bowers moved that Council approve the amendments as set forth
by the City Attorney. The motion was seconded by Mr. Trout and unani-
mously adopted.
Resolution No.30118-62590 as amended, was then adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............. 7.
NAYS: None ........ O.
PARKS AND PLAYGROUNDS-ARMORY/STADIUM: The City Manager submitted
a written report concurring in a report of a bid committee with regard
to air conditioner replacement at the National Guard Armory, roof
replacement at the Olde Mill Building, and office and storage buildings
for the Mill Mountain Zoo.
The bid committee recommended that Council authorize the City
Manager to enter into contractual agreements with Johnson-Vest Electric
Corporation for air-conditioning at the National Guard Armory, in the
total amount of $30,362.00; and Leonard Aluminum Utility Buildings,
Inc., for three buildings for office and storage, in the total amount
of $10,532.00; authorize the Manager of General Services to execute a
purchase order for roof replacement of Olde Mill Building at the Mill
Mountain Zoo with Forest Hill Associates, Inc., in the amount of
$3,888.00; and authorize the Director of Finance to transfer $42,004.00
from Maintenance Fixed Asset Contingency, Account No. 001-002-9410-
2201, and $2,778.00 from the General Fund Contingency, Account No.
001-002-9410-2199, to Building Maintenance, Account No. 001-052-4330-
3056, for said projects.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30119-62590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 677.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30119-62590.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .......... 7.
NAYS: None .......................... O.
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ACTION:
ACTION:
Mr. Musser offered the following Resolution:
(#30120-62590) A RESOLUTION accepting the bid of Johnson-Vest
Electric Corporation made to the City for air conditioning replacement
at the National Guard Armory, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; and rejecting all other bids made to the City for the
work.
(For full text of Resolution, see Resolution Book No. 51, page 678.)
Mr. Musser moved the adoption of Resolution Ho. 30120-62590. The
motion was seconded by Hr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ _ ...... 7.
NAYS: None .......
-0.
BUDGET-SALE/PURCHASE OF PROPERTY-CAPITAL MAINTENANCE AND EQUIPMENT
REPLACEMENT PROGRAM: The City Manager submitted a written report
advising that the 1989-90 Capital Maintenance and Equipment Replacement
Program {CMERP) was recommended to Council in a report of the City
Manager on October 3, 1989, and Council concurred in said report; that
the Program designated $368,000.00 for the renovation of buildings
located at 118 - 124 Campbell Avenue, in order to house City depart-
merits currently located in downtown rental space, that a contract to
develop preliminary building renovation plans was awarded to Homer and
Associates, pursuant to action of Council on January 2, 1990; that an
asbestos abatement contract was approved by Council on June 11, 1990,
in the amount of $64,955.00; and designated funds remaining in the
1989-90 CMERP, in the amount of $341,716.00, need to be appropriated to
an account to be designated by the Director of Finance to support the
continuation of planning/analysis activities requisite to developing
final building plans and specifications.
The City Manager recommended that Council appropriate $341,716.00
from the 1989-90 CMERP to the Capital Projects Fund to an account to be
designated by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#30121-62590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 General and Capital Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 678.)
Mr. Garland moved the adoption of Ordinance No. 30121-62590. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
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ACTION:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor--- 7.
NAYS: None .................................
REFUSE COLLECTION: The City Manager submitted a written report
concurring in a report of a bid committee with regard to collection
service of bulk containers at city owned facilities, such as the
Municipal Building.
The bid committee recommended that Council award a contract to
Handy Dump, Inc., subject to approval by the City Attorney, for pro-
viding bulk container collection service to the City, at a unit price
of $8.25 for each time a container is emptied, for a period of one
year, from July 1, 1990, through June 30, 1991; and reject all other
bids received by the City.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30122-62590) A RESOLUTION accepting the bid of Handy Dump,
Inc., to provide bulk container collection service for the City's con-
tainers, on a unit price basis, for a one (1) year term, and rejecting
all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 51, page 679.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30122-62590.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............ 7.
NAYS: None ........... O.
PARKS AND PLAYGROUNDS-ARMORY/STADIUM: The City Manager submitted
a written report advising that Virginia Amateur Sports, Inc., is
planning and implementing the Virginia CorEast Games, which are a
multi-sport, sometimes referred to as a sports festival involving both
Olympic and non-Olympic sports; that objectives are to promote health,
fitness and the spirit of Olympic competition, create entertainment,
attract local citizens, and bring thousands of visitors to Roanoke; and
Virginia Amateur Sports, Inc., will host events commencing Thursday,
July 5, and ending Sunday, July 8, 1990.
It was further advised that criteria established, pursuant to
Resolution No. 24982, for waiving the fee for use of Victory Stadium,
National Guard Armory, River's Edge Sports Complex and Fallon Park use,
350
ACTION:
has been met inasmuch as the organization is tax exempt; that net pro-
ceeds will be .used by the organization for ongoing and future events;
and public liability insurance, in an amount of $1,000,000.00 per
occurrence, which names the City of Roanoke as an additional insured,
and an agreement to hold the City harmless will be provided by Virginia
Amateur Sports, Inc.
The City Manager recommended that Council waive Victory Stadium,
National Guard Armory, River's Edge Sports Complex and Fallon Park Pool
rental fee, and grant concession rights to Virginia Amateur Sports,
Inc., for events scheduled to commence on Thursday, July 5 through
Sunday, July 8, 1990.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30123-625g0) A RESOLUTION waiving the standard rental fee for
use of certain City facilities for Virginia CorEast Games and granting
concession rights in conjunction with such events.
(For full text of Resolution, see Resolution Book No. 51, page 680.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30123-62590.
The motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ -7.
NAYS: None ........ ---0.
CONSULTANTS REPORTS-DIRECTOR OF FINANCE {BILLINGS AND COLLEC-
TIONS): The City Manager submitted a written report advising that the
purpose of the Fee Compendium is to provide a summary listing of all
customer service charges assessed for specific services provided by
City departments which includes specific information on each service
charge, as well as the legal authorization for the charge; that an
update of the Fee Compendium was last performed in March, 1986, which
included recommendations for changes in existing service charges, as
well as implementation of new service charges, all of which were
adopted by Council; that a contract with David M. Griffith and
Associates, LTD., was authorized by Council in July, 1989, to reeva-
luate all existing service charges and identify potential new service
charges; and a customer service charge study was completed by David 14.
Griffith and Associates, LTD., in November, 1989.
It was further advised that review of recommendations of the
customer service charge study has been completed by department managers
responsible for each service charge and other top administrative staff;
that modifications to recommendations regarding the customer service
charge study are being recommended in some instances to more accurately
351
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reflect specific operating circumstances and market conditions; and
potential additional revenue identified by David M. Griffith through
the revision of existing customer service charges and imposition of new
service charges is $3,558,432.00, however, $2,380,000.00 of said total
would be generated from service charges for residential refuse collec-
tion which is not being recommended.
It was explained that a summary of recommended customer service
charge changes is set forth as Exhibit II in the Customer Service
Charge Recommendations Fiscal Year 1990-91; that total estimated addi-
tional revenue which would be generated is $322,167.00; that other
attachments to the report provide additional documentation relating to
the methodology and philosophy employed by the consultant in the per-
formance of the study, and specific information as to the service
charge changes recommended by the consultant and by the City Manager;
and funding of supplemental budgets adopted by Council for fiscal year
1990-91 is dependent upon the adoption of the service charge changes by
Counc i 1.
The City Manager recommended that Council concur in the implemen-
tation of the recon~ended customer service charge changes during fiscal
year 1990-91, and refer the recommended customer service charge changes
to the City Attorney for preparation of the proper measure to update
the Fee Compendium and the City Code.
(For full text, see report and Customer Service Charge Recommendations
Fiscal Year 1990-91 on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30124-62590) A RESOLUTION establishing certain fees, rates,
assessments and charges to be levied by the City on and after July 1,
1990.
(For full text of Resolution, see Resolution Book No. 51, page 681.)
Mrs. Bowles moved the adoption of Resolution No. 30124-62590. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ 7.
NAYS: None .......
0
GRANTS-PLANNING: The City Manager submitted a written report
advising that Council authorized the filing of a Community Development
Block Grant (CDBG) application with the Department of Housing and Urban
Development (HUD) for fiscal year 1990-91 on May 14, 1990, pursuant to
Resolution No. 30041-51490; that approval was received pursuant to a
communication under date of June 18, 1990; that grant approval is for
the amount requested by the City or $1,563,000.00; that the report
includes $520,788.00 in expected CDBG Program income from parking
receipts, Housing Authority rehabilitation loan repayments, Cooper
Industries land lease, Coca-Cola UDAG loan repayment and interest pay-
352
ACTION:
merit from Downtown Associates for a short-term loan; and $319,454.00
needs to be transferred from older projects to projects included in the
fiscal year 1990-91CDBG program.
The City Manager recommended that Council adopt a resolution
accepting fiscal year 1990-91CDBG funds approved by HUD and that he be
authorized to execute the requisite grant agreement, funding approval,
and any other forms required by HUD on behalf of the City in order to
accept such funds; appropriate $2,083,788.00 to revenue and expenditure
accounts in a Grant Fund to be established by the Director of Finance;
and transfer $319,454.00 from older accounts to Grant Fund accounts, as
follows:
Historic Building Loans
Downtown Design Assist
Downtown Facade Grants
Unprogrammed CDBG
Quick Response to Emer.
Deanwood
Shaffers Crossing
NW Curb, Gutter, etc.
Azalea Gardens-pub. impr.
Fairfax Avenue Clearance
Critical Home Repair
Quick Response to Emer.
(035-088-8837-5169)
(035-088-8837-5200)
(035-088-8837-5201)
(035-088-8840-5183)
(035-088-8820-5203)
(035-088-8830-5131)
(035-088-8830-5145)
(035-089-8937-5190)
(035-089-8937-5204)
(035-089-8920-5172)
(035-089-8920-5101)
(035-089-8920-5203)
$(75,000.00)
10,000.00
65,000.00
(1,583.00)
1,583.00
(42,871.00)
42,871.00
(200,000.00)
156,000.00
30,000.00
6,065,00
7,935.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30125-62590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 682.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30125-62590.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....... 7.
NAYS: None ........
-0.
Mr. Bowers offered the following Resolution:
(#30126Z62590) A RESOLUTION accepting a certain Community
Development Block Grant offer made to the City by the United States
Department of Housing and Urban Development for funds for Program Year
1990-1991; and authorizing execution of the City's acceptance of such
grant and the agreement on behalf of the City to comply with the terms
and conditions of the grant and applicable laws, regulations, and
requirements pertaining thereto.
IFor full text of Resolution, see Resolution Book No. 51, page 683.)
353
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ACTION:
ACTION:
Mr. Bowers moved the adoption of Resolution No. 30126-62590. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ................ 7.
NAYS: None ...... O.
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the financial
report of the City of Roanoke for the month of May, 1990.
(For full text, see financial report on file in the City Clerk's
Office.)
Mr. Musser moved that the financial report be received and filed.
The motion was seconded by Mr. Trout and unanimously adopted.
CITY ATTORNEY:
HANDICAPPED PERSONS: The City Attorney submitted a written report
advising that he recently appeared before the Mayor's Committee for the
Disabled to discuss the issue of handicapped parking; that in preparing
for the meeting with the Committee, he noticed an inconsistency in the
City Code with respect to the penalties for violation of the City's
handicapped parking regulations; that the penalty for parking in a
space reserved for handicapped persons on a public street carries a
$5.00 fine; that the penalty for parking in a space reserved for han-
dicapped persons on public property or in privately owned parking areas
open to the public carries a $25.00 fine; and more recently, Dr.
Charles L. Downs, President of Virginia Western Community College, has,
by communication under date of June 5, 1990, requested that Council
increase the penalty for parking in a space reserved for handicapped
persons on the college campus from $5.00 to $25.00.
The City Attorney further advised that he was of the opinion that
the fine for parking in a handicapped space should be $25.00,
regardless of the location of the space; and recommended that Council
adopt a measure providing for a uniform $25.00 fine for handicapped
parking violations which would apply to the following:
parking in a space reserved for handicapped persons
on a public street;
parking in a space reserved for handicapped persons
on public property;
parking in a space reserved for handicapped persons
in any privately owned parking area open to the
public; and
354
ACTION:
parking in a space reserved for handicapped persons
on the premises of Virginia Western Community
Col 1 ege.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
"AN ORDINANCE amending and reordaining the Code of the City of
Roanoke (1979), as amended, by repealing subsection (11) of §20-65,
Parking prohibited in specified places, and amending §20-76, Parking in
spaces reserved for handicapped persons; the repealed and amended sec-
tiOns establishing the parking violation of parking in a space reserved
for handicapped persons and setting forth a penalty therefor; and pro-
viding for an emergency"
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout.
Mr. Fitzpatrick spoke in favor of amending the ordinance to pro-
vide for a fine of $50.00 per violation.
Mr. Sloan H. Hoopes, 2023 Maiden Lane, S. W., President of the
Mayor's Committee for the Disabled, appeared before Council and
expressed appreciation for Mr. Dibling's efforts; however, he stated
that the Committee feels that the fine should be $50.00 for the first
violation, $75.00 for the second violation and a maximum of $100.00 for
the third and each violation thereafter due to the disregard that many
people have for parking in the handicapped spaces. He added that to
his knowledge in the downtown area, on the public streets bordered by
Salem Avenue, Franklin Road, Williamson Road and Fifth Street, there
are only six designated handicapped parking spaces.
Mr. George W. Sanderson, 144 Monterey Avenue, N. E., appeared
before Council and advised that if the handicapped parking spaces are
not properly defined, able bodied persons will use them. He stated
that a true deterrent needs to be in effect and the proposed $25.00
fine will not accomplish that goal.
Mr. William Martin, 310 Franklin Road, S. W., representing
Paralyzed Veterans of America, appeared before Council and advised that
a $25.00 fine is not adequate to deter people from parking in handicap-
ped parking spaces, and stated that the Police Department cannot ade-
quately supervise the handicapped parking spaces. He added that when
an able bodied person, for his or her own personal convenience, uses a
handicapped parking space, frequently it means that the handicapped
person cannot conduct his or her business because he or she has no
place to park; that violators know exactly what they are doing, there-
fore, there is no excuse for parking in spaces designated for the
handicapped. He requested that Council take into consideration the
fact that the Mayor's Committee for the Disabled is in support of the
progressive $50.00, $75.00 and $100.00 fine for violations.
ACTION:
ACTION:
ACTION:
Mr. Fitzpatrick moved that the ordinance be amended to provide for
a $100.00 fine for each violation of parking in a handicapped parking
space. The motion was seconded by Mr. Musser.
There was discussion with regard to installation of signs
informing the public that violation of the handicapped parking spaces
will carry a $100.00 fine, in which the City Attorney advised that
the Code of Virginia requires that there be above ground signs; that a
vast majority of the signs are on private property as opposed to public
property; that the City cannot dictate the type of signs that will be
used on private property; and the possibility exists that if the fine
is raised too high, private property owners might remove their handi-
capped parking spaces.
Following discussion, Mr. Bowers moved that the matter be deferred
for a period of two weeks in order that the Mayor's Committee for the
Disabled, Mr. Martin and Mr. Sanderson may confer with the City Manager
and the City Attorney with regard to a compromise proposal on the issue
of the amount of the fine for each violation, as well as adequate
notice to the public.
There being no second, the Mayor declared the motion lost.
Mr. Bowers offered a substitute motion that the proposed ordinance
be amended to provide for appropriate signage at all City locations to
the effect that violation of the handicapped parking space will invoke
a $100.00 fine. The motion was seconded by Mr. Garland.
The City Attorney advised that it will be necessary for him to
redraft the measure. He called attention to the fines to be imposed by
Virginia Western Community College for violation of the handicapped
parking spaces on campus and advised that he would relay to President
Charles L. Downs, that Council is of the opinion that the fine should
be $100.00 on City property. He stated that he would redraft the
measure to provide for a $100.00 fine for violations on all City pro-
perty and inquire as to the wishes of Virginia Western Community
College regarding on campus violations.
As a part of the substitute motion, Mr. Bowers further moved that
action on the matter be deferred until the regular meeting of Council
on Monday, July 9, 1990. The motion was seconded by Mr. Garland and
adopted, Mr. Fitzpatrick voting no.
CITY CODE: The City Attorney submitted a written report advising
that from prior years, Council has reenacted and recodified the City
Code on an annual basis in order to properly incorporate in the Code
amendments made by the General Assembly at the previous Session to
State statutes that are incorporated by reference in the City Code,
which insures that the ordinances codified in the City Code incorporate
the current provisions of State law.
356
ACTION:
It was further advised that incorporation by reference is fre-
quently utilized in order to prevent having to set out lengthly provi-
sions of State statues in their entirety; that in addition, the
technique ensures that local ordinances are always consistent with
State law as is generally required; that the procedure whereby a local
governing body adopts statutes by reference after action of the General
Assembly has been approved by the Attorney General; whereupon, the City
Attorney recommended that Council adopt a measure to readopt and
reenact the Code of the City of Roanoke (1979), as amended.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#30127-62590) AN ORDINANCE to readopt and reenact the Code of
the City of Roanoke (1979), as amended; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 684.)
Mr. Bowers moved the adoption of Ordinance No. 30127-62590. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............. 7.
NAYS: None- O.
REPORTS OF COMMITTEES:
WATER DEPARTMENT: Council Member Robert A. Garland, Chairman of
a bid con~nittee appointed by the Mayor to tabulate bids received for
Phase 2 of the Falling Creek Filter Plant, presented a written report
on behalf of the committee recommending that Council authorize the City
Manager to enter into a contractual ~greement with Acorn Construction,
Ltd., in the amount of $1,004,119.00 and 335 consecutive calendar days
to complete Phase 2 of the Falling Creek Filter Plant, in accordance
with contract documents as prepared by Hayes, Seay, Mattern and
Mattern, Inc.; and appropriate funds from the Water Fund Previous
Years' Retained Earnings to a project account to be established by the
Director of Finance for Phase I of the contract, as follows:
Contract Amount
Project Contingency
$1,004,119.00
50,881.00
Total $1,055,000.00
The City Manager submitted a written report concurring in the
recommendation of the co~ittee.
(For full text, see reports on file in the City Clerk's Office.)
357
II
ACTION:
ACTION:
Fir. Garland offered the following emergency budget Ordinance:
(#30128-62590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1989-90 Water Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 686.)
Mr. Garland moved the adoption of Ordinance No. 30128-62590. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ......... 7.
NAYS: None .........
Oe
Mr. Garland offered the following emergency Ordinance:
(#30129-62590) AN ORDINANCE accepting the bid of Acorn
Construction, Ltd., for certain water treatment plant equipment and
renovations for the Falling Creek Water Plant, upon certain terms and
conditions, and awarding a contract therefor; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 686.)
Mr. Garland moved the adoption of Ordinance No. 30129-62590. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ......... --7.
NAYS: None .........
Oe
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 6:55 p.m., the Mayor declared the meeting in recess.
At 7:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all Members of the Council in attendance.
m
358
ACTION:
ACTION:
ACTION:
COUNCIL: Mr. Trout moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ .7.
NAYS: None ..........
HOUSING (HOUSING AUTHORITY): The Mayor advised that there is a
vacancy on the City of Roanoke Redevelopment and Housing Authority
created by the death of Mr. Percy T. Keeling, Sr., for a term ending
August 31, 1992, and called for nominations to fill the vacancy.
Mr.'Fitzpatrick placed in nomination the name of Mr. Wallace I.
Allen.
There being no further nominations, Mr. Wallace I. Allen was
elected as a member of the Roanoke Redevelopment and Housing Authority
to fill the unexpired term of Mr. Percy T. Keeling, Sr., deceased, for
a term ending August 31, 1992, by the followng vote:
FOR MR. ALLEN: Council Members Bowers, Bowles, Fitzpatrick,
Garland, Musser, Trout and Mayor Taylor ........ ---7.
SCHOOLS (JEFFERSON HIGH SCHOOL): The Mayor advised that the one
year terms of Ms. Vaunda Leftwich, Messrs. Beverly T. Fitzpatrick, Sr.,
Horace G. Fralin, Theodore J. Edlich, III, and Richard A. Dearing as
members of the Jefferson High School Committee will expire on June 30,
1990, and called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Ms. Vaunda Leftwich,
and Messrs. Beverly T. Fitzpatrick, Sr., Horace G. Fralin, Theodore J.
Edlich, III, and Richard A. Dearing.
There being no further nominations, Ms. Leftwich, and Messrs.
Fitzpatrick, Fralin, Edlich, Dearing were reelected as members of the
Jefferson High School Committee for terms of one year each, ending June
30, 1991, by the following vote:
FOR MS. LEFTWICH AND MESSRS. FITZPATRICK, FRALIN, EDLICH AND
DEARING: Council Members Bowers, Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor ......... 7.
PARKS AND PLAYGROUNDS (MILL MOUNTAIN DEVELOPMENT COMMITTEE): The
Mayor advised that the one year terms of Ms. Betty C. Winfree, Ms.
Frances S. Boon and Messrs. Robert N. Fishburn, M. Carl Andrews, Carl
H. Kopitzke and L. Thompson Hanes as members of the Mill Mountain
Development Committee will expire on June 30, 1990, and called for
nominations to fill the vacancies.
ACTION:
ACTION:
ACTION:
Mr. Garland placed in nomination the names of Ms. Betty C.
Winfree, Ms. Frances S. Boon and Messrs. Robert N. Fishburn, M. Carl
Andrews and L. Thompson Hanes.
There being no further nominations, Ms. Winfree, Ms. Boon and
Messrs. Fishburn, Andrews and Hanes were reelected as members of the
Mill Mountain Development Committee for terms of one year each, ending
June 30, 1991, by the following vote:
FOR MS. WINFREE, MS. BOON AND MESSRS. FISHBURN, ANDREWS AND HANES:
Council Members Bowers, Bowles, Fitzpatrick, Garland, Musser, Trout and
Mayor Taylor ..... 7.
WATER DEPARTMENT (ADVISORY COMMITTEE - CRYSTAL SPRING PUMPING
STATION): The Mayor advised that the one year terms on Messrs.
David H. Burrows, James M. Kincanon, Philip H. Lemon, Richard L.
Meagher, Thomas D. Taylor, Robert W. Woody, James H. Buck, Lawrence M.
Taylor and Robert W. Boyd as members of the Advisory Committee -
Crystal Spring Pumping Station, will expire on June 30, 1991, and
called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Messrs. David A.
Burrows, James M. Kincanon, Philip H. Lemon, Richard L. Meagher, Thomas
D. Taylor, Robert W. Woody, James H. Buck, Lawrence M. Taylor and
Robert W. Boyd.
There being no further nominations, Messrs. Burrows, Kincanon,
Lemon, Meagher, Taylor, Woody, Buck, Taylor and Boyd were reelected as
members of tile Advisory Committee - Crystal Spring Pumping Station, for
terms of one year each, ending June 30, 1991, by the following vote:
FOR MESSRS. BURROWS, KINCANON, LEMON, MEAGHER, TAYLOR, WOODY,
BUCK, TAYLOR AND BOYD: Council Members Bowers, Bowles, Fitzpatrick,
Garland, Musser, Trout and Mayor Taylor ................. 7.
Mr. Garland moved that the City residency requirement for Mr. Buck
be waived in this instance. The motion was seconded by Mr. Fitzpatrick
and unanimously adopted.
FLOOD REDUCTION/CONTROL PROJECT (FLOOD PLAIN COMMITTEE): The
Mayor advised that the one year terms of Messrs. Harold L. Shaffer,
Samuel J. Krish, III, Edgar V. Wheeler, Read A. Lunsford, J. T.
Hopkins, Jr., Jim Sailors, George L. Pitzer, James F. Williams,
Robert H. Bennett, Jr., and Terry N. Grimes as members of the Flood
Plain Committee will expire on June 30, 1990, and called for nomina-
tions to fill the vacancies.
Mr. Garland placed in nomination the names of Messrs. Harold L.
Shaffer, Samue! J. Krisch, III, Edgar V. Wheeler, Read A. Lunsford,
J. T. Hopkins, Jr., Jim Sailors, George L. Pitzer, James F. Williams,
Robert H. Bennett, Jr., and Terry N. Grimes.
359
36O
ACTION:
ACTION:
ACTION:
ACTION:
There being no further nominations, Messrs. Shaffer, Krisch,
Wheeler, Lunsford, Hopkins, Sailors, Pitzer, Williams, Bennett, and
Grimes were reelected as members of the Flood Plain Committee for terms
of one year each, ending June 30, 1991, by the following vote:
FOR MESSRS. SHAFFER, KRISCH, WHEELER, LUNSFORD, HOPKINS, SAILORS,
PITZER, WILLIAMS, BENNETT AND GRIMES: Council Members Bowers, Bowles,
Fitzpatrick, Garland, Musser, Trout and Mayor Taylor ........ 7.
Mr. Garland moved that the City residency requirement for Mr.
Sailors be waived in this instance. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
WAR MEMORIAL COMMITTEE: The Mayor advised that the one year terms
of Messrs. Thomas R. Plymale, William B. Bagbey and Alfred C. Moore as
members of the War Memorial Committee will expire on June 30, 1990, and
called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Messrs. Thomas R.
Plymale, William B. Bagbey and Alfred C. Moore.
There being no further nominations, Messrs. Plymale, Bagbey and
Moore were reelected as members of the War Memorial Committee for terms
of one year each, ending June 30, 1991, by the following vote:
FOR MESSRS. PLYMALE, BAGBEY AND MOORE: Council Members Bowers,
Bowles, Fitzpatrick, Garland, Musser, Trout and Mayor Taylor ......... 7.
Mr. Garland moved that the City residency requirement for Mr.
Thomas R. Plymale be waived in this instance. The motion was seconded
by Mr. Fitzpatrick and unanimously adopted.
CITIZENS' SERVICES COMMITTEE: The Mayor advised that the one yea)'
terms of Ms. Bernice F. Jones, Ms. Robbie H. Burton and Messrs. James
D. Ritchie, Stanley R. Hale, Harold P. Kyle, Raleigh Campbell and
Alphonso McCain as members of the Citizens' Services Committee will
expire on June 30, 1990, and called for nominations to fill the vacan-
cies.
Mr. Garland placed in nomination the names of Ms. Bernice F.
Jones and Messrs. James D. Ritchie, Stanley R. Hale, Harold P. Kyle,
Raleigh Campbell and Alphonso McCain.
There being no further nominations, Ms. Jones and Messrs. Ritchie,
Kyle, Campbell and McCain were reelected as members of the Citizens'
Services Committee for terms of one year each, ending June 30, 1991, by
the following vote:
FOR MS. JONES AND MESSRS. RITCHIE, HALE, KYLE, CAMPBELL AND
MCCAIN: Council Members Bowers, Bowles, Fitzpatrick, Garland, Musser,
Trout and Mayor Taylor .......... 7.
361
ACTION:
ACTION:
CELEBRATIONS (SPECIAL EVENTS COMMITTEE): The Mayor advised that
the one year terms of Ms. Carol B. Dalhouse, Ms. Virginia C. Nave, Ms.
Nina C. Bolden, Ms. Dana B. Lee, Ms. Mary E. Kepley, Ms. Lin D. Chaff,
and Messrs. James C. Butler, Greg T. Trafidlo, Samuel G. Oakey, Jr.,
Marc J. Small, Lex P. Gibson, and Greg Feldmann as members of the
Special Events Committee will expire on June 30, 1990, and called for
nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Ms. Carol B.
Dalhouse, Ms. Virginia C. Nave, Ms. Lin D. Chaff and Messrs. Marc J.
Small, Lex P. Gibson, and Gre9 Feldmann.
There being no further nominations, Ms. Dalhouse, Ms. Nave, Ms.
Chaff and Messrs. Small, Gibson, and Feldmann were reelected as members
of the Special Events Committee for a term of one year each, ending
June 30, 1991, by the following vote:
FOR MS. DALHOUSE, MS. NAVE, MS. CHAFF AND MESSRS. SMALL, GIBSON
AND FELDFIANN: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .......... 7.
LIBRARIES: The Mayor advised that the three year terms of Dr. Leo
Platt, Ms. Elizabeth B. Watts and Mr. Philip C. Coulter as members of
the Roanoke Public Library Board will expire on June 30, 1990, and
called for nominations to fill the vacancies.
Mr. Garland placed in nomination the name of Ms. Elizabeth B.
Watts.
There being no further nominations, Ms. Watts was reelected as a
member of the Roanoke Public Library Board for a term of three years
ending June 30, 1993, by the following vote:
FOR MS. WATTS: Council Members Bowers, Bowles, Fitzpatrick,
Garland, Musser, Trout and Mayor Taylor-- .7.
PENSIONS: The Mayor advised that the four year terms of Ms.
Frances S, Boon and Messrs. L. Bane Coburn, Richard B. Sarver and F.
Wiley Hubbell as members of the Board of Trustees, City of Roanoke
Pension Plan, will expire on June 30, 1990; that Ms. Boon and Mr.
Sarver are not eligible for reappointment inasmuch as Ms. Boon has
completed her third consecutive term of office and the position of Mr.
Sarver rotates between a member of the Fire Department and a member of
the Police Department, and called for nominations to fill the vacan-
cies.
Mr. Garland placed in nomination the names of Messrs. L. Bane
Coburn and F. Wiley Hubbell.
There being no further nominations, Messrs. Coburn and Hubbell
were reelected as members of the Board of Trustees, City of Roanoke
Pension Plan, for terms of four years each, ending June 30, 1994, by
the following vote:
362
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
FOR MESSRS. COBURN AND HUBBELL: Council Members Bowers, Bowles,
Fitzpatrick, Garland, Musser, Trout and Mayor Taylor ........ 7.
Mr. Garland moved that the City residency requirement for Mr.
Coburn be waived in this instance. T}le motion was seconded by
Fitzpatrick and unanimously adopted.
FIRE DEPARTMENT (BOARD OF FIRE APPEALS): The Mayor advised that
the four year terms of Messrs. Corbin L. Wilson and S. L. Lovelace as
members of the Board of Fire Appeals will expire on June 30, 1990, and
called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Messrs. Corbin L.
Wilson and S. L. Lovelace.
There being no further nominations, Messrs. Wilson and Lovelace
were reelected as members of the Board of Fire Appeals for a term of
four years each, ending June 30, 1994, by the following vote:
FOR MESSRS. WILSON AND LOVELACE: Council Members Bowers, Bowles,
Fitzpatrick, Garland, Musser, Trout and blayor Taylor ................. 7.
ECONOMIC DEVELOPMENT COMMISSION: The Mayor advised that the three
year terms of Messrs. Garry C. Davis, Alvin L. Nash and Robert C.
Lawson, Jr., as members of the Economic Development Commission will
expire on June 30, 1990, and called for nominations to fill the
vacancies.
Mr. Garland placed in nomination the names of Messrs. Garry C.
Davis and Robert C. Lawson, Jr.
There being no further nominations, Messrs. Davis and Lawson were
reelected as members of the Economic Development Commission for terms
of three years each, ending June 30, 1993, by the following vote:
FOR MESSRS. DAVIS AND LAWSON: Council Members Bowers, Bowles,
Fitzpatrick, Garland, Musser, Trout and Mayor Taylor ................. 7.
ROANOKE ARTS COMMISSION: The Mayor advised that the three year
terms of Ms. Vicki Stauffer, Ms. Anne B. Macfarlane, bis. Susan J. Cole,
Dr. Ruth S. Appelhof and Mr. Ernest M. Johnson as members of the
Roanoke Arts Commission will expire on June 30, 1990, and called for
nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Ms. Vicki Stauffer
amd Dr. Ruth S. Appelhof.
There being no further nominations, Ms. Stauffer and Dr. Appelhof
were reelected as members of the Roanoke Arts Commission for terms of
three years each, ending June 30, 1993, by the following vote:
FOR MS. STAUFFER AND DR. APPELHOF: Council Members Bowers,
Bowles, Fitzpatrick, Garland, Musser, Trout and Mayor Taylor ......... 7.
363
ACTION:
Hr. Garland moved that the City residency requirement for Dr.
Appelhof be waived in this instance. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
PERSONNEL DEPARTMENT (PERSONNEL AND EMPLOYMENT PRACTICES COMMIS-
SION): The Mayor advised that the three year terms of Ms. Judy D.
Jackson and Messrs. L. Bane Coburn and Mel H. Lipton as members of the
Personnel and Employment Practices Commission will expire on June 30,
1990, and called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Ms. Judy D. Jackson
and Messrs. L. Bane Coburn and Mel H. Lipton.
There being no further nominations, Ms. Jackson and Messrs. Coburn
and Lipton were reelected as members of the Personnel and Employment
Practices Commission for terms of three years each, ending June 30,
1993, by the following vote:
ACTION: FOR MS. JACKSON AND MESSRS. COBURN AND LIPTON: Council Members
Bowers, Bowles, Fitzpatrick, Garland, Musser, Trout and Mayor Taylor-7.
ACTION:
Mr. Garland moved that the City residency requirement for Mr.
Coburn be waived in this instance. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
COUNCIL-TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY, INC.:
The Mayor advised that with the concurrence of Council, and pursuant to
the request presented earlier in the meeting by Mr. E. Cabell Brand,
President, Total Action Against Poverty, he was appointing Council
Members Elizabeth T. Bowles, David A. Bowers and Howard E. Musser to
work with the City Manager and TAP officials and staff with regard to a
study of alternative for a new headquarters facility for TAP.
There being no further business, the Mayor declared the meeting
adjourned at 7:20 p.m.
APPROVED
ATTEST: k~~
364
ORGANIZATIONAL MEETING ROANOKE CITY COUNCIL
July 2, 1990
2:00 p.m.
The Council of the City of Roanoke held its organizational meeting on
Monday, July 2, 1990, at 2:00 p.m., in the Council Chamber, fourth floor of the
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor
Noel C. Taylor presiding, pursuant to Section 10, Meetin~ls of Council, of the
Roanoke City Charter, at which time the newly elected Members of the Roanoke
City Council shall assume the duties of their respective offices.
PRESENT: Council Members David A.
Beverly T. Fitzpatrick, Jr., James G. Harvey,
White, Sr., and Mayor Noel C. Taylor ...........
Bowers, Elizabeth T. Bowles,
II, Howard E. Musser, William
-7,
ABSENT: None ..........................
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Council Member Elizabeth T.
Bowles.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
COUNCIL: The Mayor advised that Section 10 of the Roanoke City
Charter provides that at 2:00 p.m., on the first Monday of July next
following each regular municipal ~l~-;v,,, ur 'if such aay be a City
holiday, then on the day following, the Council shall meet at the usual
place for holding meetings of the legislative body of the City, at
which time the newly elected Council Members shall assume the duties of
their respective offices.
The City Clerk called to the attention of Council a copy of the
Roanoke City Electoral Board Abstract of Votes cast in the General
Election held in the City of Roanoke on May 10, 1988, for the office of
three Members of City Council, certifying that Messrs. Howard E.
Musser, James G. Harvey, II, and William White, Sr., received the
greatest number of votes cast in said election.
The City Clerk advised that Oaths of Office were administered to
Council Members Musser, Harvey and White by the Honorable Circuit Court
Judges Kenneth E. Trabue, G. O. Clemens and Diane M. Strickland on
Thursday, May 31, 19g0, for terms of four years, each, con~encing
July 1, lg90, and ending June 30, lg92.
ACTION:
ACTION:
Mr. Musser having received the greatest number of votes cast in
the Councilmanic election and thus pursuant to Section 4 of the Roanoke
City Charter is elected Vice-Mayor of the City of Roanoke for a term
commencing July 1, 1990, and continuing for a period of two years until
his successor has been elected and qualified, Mr. Bowers offered the
following Resolution:
(#30129(a)-70290) A RESOLUTION recognizing the HONORABLE
HOWARD E. MUSSER to be a member of the City Council and Vice-Mayor of
the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 51, page 686(a).
Mr. Bowers moved the adoption of Resolution No. 30129(a)-70290.
The motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey, Musser,
White and Mayor Taylor .............. 7.
NAYS: None ......... O.
The Mayor presented Vice-Mayor Musser with a framed copy of
Resolution No. 30129(a)-70290.
Mr. Musser offered the following Resolution commending the service
of the Honorable Beverly T. Fitzpatrick, Jr., as Vice-Mayor, from
July 1, 1988, until June 30, 1990:
(#30129(b)-70290) A RESOLUTION commending the service of the
HONORABLE BEVERLY T. FITZPATRICK, JR., as Vice-Mayor of the City of
Roanoke.
(For full text of Resolution, see Resolution Book No. 51, page 686(a).
Mr. Musser moved the adoption of Resolution No. 30129(b)-70290.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Harvey, Musser, White and
Mayor Taylor ....... 6.
NAYS: None ......... O.
(Council Member Fitzpatrick abstained from voting.)
The Mayor presented Mr, Fitzpatrick with a framed copy of
Resolution No. 30129(b)-70290 and a framed Key to the City in recogni-
tion of his outstanding service as Vice-Mayor.
366
lhere being no further business, the Mayor declared the Organiza-
tional Meeting adjourned at 2:30 p.m.
APPROVED
ATTEST
City Clerk
367
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
July 9, 1990
7:30 p.m.
m
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, July 9, 1990, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
TT~'Meeti of Section 2-15, Rules of Procedure, Code of the City of Roanoke
...... , as amended.
PRESENT: Council Members Elizabeth T. Bowles, James G. Harvey, II,
Howard E. Musser, William White, Sr., David A. Bowers and Mayor Noel C.
Taylor ................ 6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dib]ing, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Sandra H. Eakin, Deputy City Clerk.
The meeting was opened with a prayer by Vice-Mayor Howard E. Musser.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT: The Mayor presented a Key to the City to
Mr. Igor Chichikov, Peace Child Delegation Leader, and a City of
Roanoke Poster and City pin to 36 delegation members associated with
the Peace Child/Roanoke Tour Program. The City Manager introduced Ms.
Harmon B. Logan, Program Manager of the Peace Child Tour Program.
Ms. Logan explained that the guests present are involved in the
Peace Child Mid-Atlantic Tour, which is one of five Peace Child
domestic tours in the United States this summer; that all five tours
are Soviet/American exchange with students from the United States con-
sisting of participants from several states; and that the Program
involves 140 - 150 students.
BID OPENINGS:
ASBESTOS REMOVAL AND DISPOSAL: Pursuant to notice of adver-
tisement for bids for removal of asbestos containing material at the
A & P Building, 28 Salem Avenue, S. E., said bids to be received by the
. City Clerk until 4:30 p.m., on Monday, July 9, 1990, and to be held,
opened and read before the Council at 7:30 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if~anyone
368
ACTION:
ACTION:
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the Deputy
City Clerk to proceed with the opening of the bids; whereupon, the
Deputy City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
LCM Corporation
HICO, Inc.
AREMCO, Inc.
D & H Contractors, Inc.
$24,520.00
28,276.00
38,650.00
47,250.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Harvey and adopted.
The Mayor appointed I(illiam White, Sr., Chairman, William F.
Clark, Kit B. Kiser and Charles M. Huffine as members of the committee.
A report of the City Manager with regard to the expedient award of
a contract for removal of asbestos containing material at the A & P
Building, 28 Salem Avenue, S. E., was before Council.
The City Manager advised that such asbestos removal must be
accomplished before a permit for demolition can be issued; that under
State regulations, a contractor for asbestos abatement must notify the
Occupational Safety & Health Administration at least twenty days in
advance of any asbestos removal work; that the City's purchase
agreement under date of October 31, 1989, with Relish Realty requires
the building to be vacated by Relish Realty by July 20, 1990; and the
City's agreement with Faison Roanoke Office Limited Partnership provi-
des for final settlement on the property by August 15, 1990.
It was further advised that given the City's contractual obliga-
tion to Faison, it is very important that Council award a contract for
asbestos abatement on the same day that bids are received if at all
possible, which will enable the contractor to give required notice to
State agencies prior to commencing work; and with proper coordination
between the asbestos abatement contractor and the building demolition
contractor, the City can convey the site within the required contrac-
tual timeframe so as not to delay the contractor for tile Dominion Tower
Project.
(For full text, see report on file in the City Clerk's Office.)
The City Manager referred to the October 31, 1989 Sales Agreement
between Roland Macher and the City, in the amount of $425,000.00,
wherein the City purchased the A & P Building and allowed the Machers
to use the building until July 20, 1990. He stated that the City gave
the property owners 251 days' notice and that Roland Macher requested a
45 day extension to September 3, 1990, but he was unable to fulfill the
request for an extension because the City is contractually obligated to
convey the property to the developer and his contractor by August 15,
1990.
369
ACTION:
The City Manager advised that the bid committee would review the
bids and bring a report back to Council before the end of the meeting.
Mr. Bowers moved that the report be received and filed.
motion was seconded by Mr. White and adopted.
The
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, July 9, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Contracting
Enterprises, Inc., a Virginia Corporation, that a certain 20 foot alley
running east and west between Bedford Street and Ashlawn Street, S. W.,
be permanently vacated, discontinued and closed, the matter was before
the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 22,
1990 and Friday, June 29, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the alley
as requested for closure is situated behind and to the rear of the
business premises of the applicant, Contracting Enterprises, located at
2003 Russell Avenue, S. W., that the applicant owns all of the proper-
ties abutting the subject alley; that the alley does not serve as a
secondary means of access to any other abutting properties or busi-
nesses; and the right-of-way of the alley is surrounded by buildings
and is enclosed at one section by an overhead connection that extends
between the butting buildings, was before the body.
The Planning Commission reconm~nded that Council approve the
request for closure, subject to the following conditions:
That the applicant agree to submit a plat of sub-
division to the City for review, approval and
recordation, combining the subject alley with the
abutting properties, including any plans for pro-
posed construction within the vacated alley right-
of-way (if any) and providing~thereon all of the
above-cited necessary easements. ' ~
That if such a plat of subdivision is not sub-
mitted, approved and recorded within a period of 12
months from the date of any ordinance providing for
such closure, then said ordinance shall become null
and void with no further action by Council being
necessary.
(For full text, see report on file in the City Clerk's Office.)
370
ACTION:
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#30130) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 17.)
The motion was seconded by Mr. Harvey.
Mr. Richard R. Sayers, Attorney, appeared before Council in sup-
port of the alley closure for his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none,
Ordinance No. 30130 was adopted, on its first reading, by the following
vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ...... 6.
NAYS: None ........... O.
(Council Member Fitzpatrick was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, July 9, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. William D.
Brown and Ms. Shelby B. Hill that an alley located south of Lots 6
and 7, Official Tax Nos. 2112406 and 2112407, Block 47, Rogers, Fairfax
and Houston Addition, be permanently vacated, discontinued and closed,
the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 22,
1990 and Friday, June 29, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the alley
section as requested for closure is the easterly end of an alley that
extends from 11th Street, N. W., to a dead-end at its conjunction with
loth Street, N. W.; that reconstruction of loth Street, N. W., resulted
in the road grade of loth Street being raised at least 20 vertical feet
above the grade of the alley; that the alley right-of-way is 15 feet in
width, and 84.16 feet in length, and the alley surface is composed of
gravel; and the applicants own the properties situated on both sides of
the alley.
The Planning Commission recommended that Council approve the
request to close the subject portion of alley, subject to the following
conditions:
371
ACTION:
That the applicant agree to provide to the City a
final subdivision plat for review and approval and
recordation, dedicating therein an area sufficient
to provide an area suitable for a public turnaround
and retaining thereon all necessary easements.
That the applicant agree to provide the City with a
bond or performance guarantee in an amount deemed
sufficient by the City Engineer to construct the
proposed turnaround and to provide for all other
improvements required as a result of the City's
review and approval of the applicants' proposed
subdivision.
lhat if the above conditions have not been met
within one year from the date of the ordinance pro-
viding for such closure, that said ordinance shall
become null and void with no further action by
Council being necessary.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30131) AN ORDINANCE permanently vacating, discontinuing, and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 19.)
lhe motion was seconded by Mr. Bowers.
Mr. Michael S. Webb, Attorney, appeared before Council in support
of the alley closure for his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none, Ordi-
nance No. 30131 was adopted, on its first reading, by the following
vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor-- 6.
NAYS: None ....
(Council Member Fitzpatrick was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, July 9, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Michel Real
Estate Partnership, a Maryland General Partnership, to vacate, discon-
372
tinue and close the following public rights-of-way, to the extent the
City has an interest in said public rights-of-way, tile matter was
before the body.
A ten foot alley beginning at the intersection of
the alley and Centre Avenue, running north and
south 132.5 feet, and terminating at its intersec-
tion with a City alley running east and west bet-
ween 24th and 25th Streets, between Centre Avenue
and Shenandoah Avenue, N. W.
An alley right-of-way running in a north/south
direction along the east side of Lot 20, Official
Tax No. 2310520, between 24th and 25th Streets,
N. W.
Legal advertisement of the public hearing was published in the
morning editions of tile Roanoke Times & World-News on Friday, June 22,
1990, and Friday, June 2~, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~ission recommending that Council
approve the request to close and vacate the subject alley extending
from an intersection with Centre Avenue, N. W., in a southerly direc-
tion for 132.5 feet between Official Tax Nos. 2310511, 2310512, 2310513
and 2310510; and that the applicant's request for the City to close and
thereby vacate any interest the City may have in any alley that may or
may not exist along the east side of Lot 20 between Official Tax Nos.
2310521 and 2310520, be included in the Ordinance effecting the clo-
sure, subject to the following conditions:
That the applicant agree to submit to the City for
review, approval and recordation, a plat of sub-
division verifying thereon that title has been
established to the land within the vacated alley(s)
and thereon combining said alley(s) into the
abutting properties, as required by the City
Subdivision Ordinance.
That if said subdivision plat is not submitted and
approved and recorded within a period of 12 months
of the date of adoption of any ordinance providing
for such closure, then said ordinance shall become
null and void with no further action by Council
being necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
373
II
ACTION:
(#30132) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia as
is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 19.)
The motion was seconded by Mr. Harvey.
Mr. Jim Knapp appeared before Council in support of the alley
closure.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none,
Ordinance No. 30132 was adopted, on its first reading, by the following
vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ........... 6.
NAYS: None ........ O.
(Council Member Fitzpatrick was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 9, 1990, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Messrs. Robert N. Fetzer
and Earle H. Shumate that a tract of land containing 0.1492 acre, more
or less, described as Lot 6, Block 6, Map of Villa Heights, 2410
Hanover Avenue, N. W., Official Tax No. 2320806, be rezoned from RM-1,
Residential Multi-Family, Low Density District, to RM-2, Residential
Multi-Family, Medium Density District, subject to certain conditions
proffered by the petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 22,
1990, and Friday, June 29, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~nission advising that the purpose
of the rezoning is to permit the rehabilitation of an existing struc-
ture to contain three apartment units; that the two bedroom units will
provide approximately 850 square feet of living area; and the one
bedroom unit will provide approximately 575 square feet of living area,
and no expansion of the existing structure is proposed, was before
Council.
The Planning Commission recon~nended that Council approve the
request for rezoning which will address several objectives of the
comprehensive plan including the need to provide a variety of housing
choices in existing neighborhoods and appropriate infill development
that is sensitive to the existing neighborhood character.
(For full text, see report on file in the City Clerk's Office.)
374
ACTION:
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#30133) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (19791, as amended, and Sheet No. 232, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 52, page 20.)
The motion was seconded by Mr. Musser.
Messrs. Robert H. Fetzer and Earle H. Shumate appeared before
Council in support of the request for rezonin9.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none, Ordi-
nance No. 30133 was adopted on its first reading by the following
vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor .............. -6.
NAYS: None ......... -0.
(Council Member Fitzpatrick was absent.}
ZONING: Pursuant to Resolution t~o. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 9, 1990, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Com~nunity Hospital of
Roanoke Valley that the eastern portion of a lot bearing Official Tax
No. 4020801 lying between Elm Avenue, South Jefferson Street,
Williamson Road, and Highland Avenue, S. E., be rezoned from LM, Light
Manufacturing District, to C-1, Office District, the matter was before
the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 22,
1990, and Friday, June 2§, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning is to permit the construction of three additional
floors onto an existing parking structure serving Community Hospital
and related medical facilities, was before Council.
The Planning Commission recommended that Council approve the
request for rezoning which is consistent with the existing land use and
zoning pattern in the area, and in addition, will correct an existing
non-conformity.
(For full text, see report on file in the City Clerk's Office.)
m
ACTION:
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#30134) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 52, page 21.)
The motion was seconded by Mr. Harvey.
Mr. Daniel F. Layman, Attorney, appeared before Council in support
of the rezoning for his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none,
Ordinance No. 30134 was adopted on its first reading by the following
vote:
AYES: Council Members Harvey, Musser, White, Bowers and Mayor
Taylor ........ 5.
NAYS: None .......
Om
(Council Member Fitzpatrick was absent.) (Council Member Bowles
abstained from voting inasmuch as she serves on the Board of Directors
at Community Hospital.)
PLANNING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 9, 1990, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on a proposal to approve and adopt the
Greater Deyerle Neighborhood Plan as an element of the City's Compre-
hensive Plan, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 22,
1990, and Friday, June 2§, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that it is the
opinion of the Commission that the plan accurately reflects the com-
munity issues and goals in the neighborhood and establishes effective
ways to address those goals and issues; that the plan was developed in
a series of four neighborhood workshops which focused on citizen par-
ticipation; and like Roanoke Vision, the Greater Deyerle Neighborhood
Plan is a product of p~ople working in partnership with government to
maintain, improve, and enhance the quality of life in their neigh-
borhood and in the City as a whole, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
275
376
ACTION:
(#30135-70990) A RESOLUTION approving and adopting the Greater
Deyerle Neighborhood Plan as an element of the City's Comprehensive
Development Plan (1985-2005).
(For full text of Resolution, see Resolution Book No. 51, page 687.)
Mr. Musser referred to page 18 of the plan, relating to traffic on
Mudlick, Grandin, Keagy and Deyerle Roads, stating that he has received
complaints from residents with regard to the "no left turn" signs that
have been put up and that he was under the impression that the signs
were to be put up at the time the Peters Creek Road Extension is
constructed.
The City Manager stated that the problems the neighborhood was
experiencing with through traffic in the early morning and evening
hours was already present, that the problem of using residential
streets as cut-throughs and the amount of traffic justifies the
restrictions between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m.
to 6:00 p.m. He said that the City's Traffic Engineering Department is
monitoring this situation and is going to bring back within a six-month
time period an analysis of how this is working and see if any adjust-
ments need to be made. Mr. Musser stated that he did not realize these
changes would take place now, that he thought it would be 3 or 4 years
from now and this is what he told residents. The City Manager stated
that he considers the signs to be justified in that there has been a
decrease in accidents.
Mrs. Bowles moved the adoption of Resolution No. 30135-70990. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ....... 6.
NAYS: None .........
--0o
(Council Member Fitzpatrick was absent.)
BONDS-SCHOOLS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, July 9, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, in connection with consideration
of an Ordinance approving the issuance by the City of its general obli-
gation bond or bonds, in an amount not to exceed $1,000,000.00, (the
"Bonds") for the purpose of financing in part the costs of construc-
tion, renovation and expansion of school buildings in the City of
Roanoke, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Monday, June 22,
19g0, Sunday, July 1, 1U90, and Sunday, July 8, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
ACTION:
ACTION:
(#30136-70990) AN ORDINANCE ·
~?ed_$1,000,O00 General ~- . ~uthortzl~g the issuance o
Ow,, atlon f not to
bl~ ~f Roanoke, Vir ' · u ~hool Bonds, Seri _
Authority a,~ ....... g~n~a, to be SOl~ to th~ v~--~-~S~I~O' of the
for =- ~--"" ~-uvle~ng tor the form and ~+-~--,-u~,~a rU~lic School
-- e,~rgency. -~-e~ thereof; and providing
(For full text of Ordinance, see Ordinance Book No. 51, page 688.)
Mr. Bowers moved the adoption of Ordinance No. 30136-70990..
motion was seconded by Mr. White and adopted by the following vote. The
AYES: Council Members Bowles, Harvey, Russet, White, Bowers and
Mayor Taylor .......
NAYS: None ....... 6.
O.
(Council Member Fitzpatrick was absent.)
COUNCIL: Mr. Musser moved that Council convene in Executive
Session to discuss specific legal matters requiring the provision of
legal advice by counsel, being the terms and conditions of a con-
solidation agreement between the City of Roanoke and Roanoke County,
pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as
amended.
vote:TM motion was seconded by Mr. Harvey and adopted by the following
AYES: Council Members Bowles, Harvey, RUsset, White, Bowers and
Mayor Taylor ......
NAYS: None ....... -6.
O.
(Council Member Fitzpatrick was absent,)
At 8:25 p.m., the Mayor declared the meeting in recess.
At 8:54 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception Council Member Fitzpatrick.
COUNCIL: Mr. M ....
· u~$er move~ wi
~hft each Member of~,F?srP,ect ~o th~ ~xecutive Sessi n
· o ~- .~r Nnow)eege that. (1) o-'~''~ .~oun~l cer~ity to the bes+ ~
exempted from onen r~.~_~ .~y public busines ....... - ~'
Information ~r+~ __'S~:~J~g requirements unde- ~- -~ ,,~er_s lawfully
seconded by Mr - ........ ~ ~si~er~d~by City Counc _ c~yened
~ · .=--=~ ~na aaopted bv the ~n~ .... ~__l~._ The motion was
.... · u~u~ vO~e:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor .......
NAYS: None ....... 6.
O,
(Council Member Fitzpatrick was absent.)
379
377
378
ANNEXATION/CONSOLIDATION: Pursuant to action taken by the City
Council at its regular meeting on Monday, June 4, 1990, the City Clerk
having advertised a public hearing for Monday, July 9, 1990, at 7:30
p.m., or as soon thereafter as the matter may be heard, with regard to
amendments to the proposed Consolidation Agreement for the Roanoke
Metropolitan Government, the matter was before the body.
Legal advertisement of the public hearing was published in the
Sunday editions of the Roanoke Times & World-News on June 10, 1990,
June 17, 1990, June 24, i990, and Ju)"~ 1, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#30137-70990) AN ORDINANCE authorizing the execution of
Amendments to the Consolidation Agreement between the City of Roanoke
(hereinafter "City") and the County of Roanoke (hereinafter "County")
dated February 28, 1990; authorizing the filing with the Circuit Courts
for the City and the County of such Amendments; authorizing the City
Attorney to file such petitions, pleadings, certificates and other
legal papers with Federal and State courts and administrative agencies
as are deemed necessary and proper to permit a referendum on consolida-
tion; directing the City Clerk to forward an attested copy of this
ordinance to the Clerk of the Board of Supervisors of the County, the
Clerk of the Town of Vinton Council, the Clerk of the City of Salem
Council and the Judges of the Circuit Courts for the City and the
County; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 693.)
Mr. Musser referred to the three amendments which have been
discussed openly in the news media and in meetings held, and asked the
City Attorney to explain the three amendments; whereupon, the City
Attorney explained the amendments, as follows:
(1)
The first amendment is an amendment to Exhibit
E of the Consolidation Agreement, which sets
out the boundaries of the area west of Salem
in which a second vote would occur if the ini-
tial consolidation referendum is successful on
November 6, 1990; and that the area in which
the second vote would occur is bounded on the
north by Botetourt County, on the west by
Craig and Montgomery Counties, and on the
south by Poor Mountain and on the east by the
City of Salem and a ridge line which is
parallel to Interstate 81 and north of
Interstate 81.
ACTION:
(21
The second amendment is in the area of educa-
tion, which conforms the Consolidation
Agreement to the provisions of the Charter for
Roanoke Metropolitan Government which was
enacted by the 1990 Session of the General
Assembly; that the original consolidation
agreement provided for a nine member school
board, that each member would come from an
election district, that five of the election
districts would be in the former city and four
would be in the former county; however, the
General Assembly provided for an eleven member
school board with one coming from each of the
election districts and one from the Town of
Vinton, and the eleventh member would be based
on average daily membership of the schools of
the territory of the former city versus the
schools of the territory of the former county,
whichever has the largest average daily
membership.
(3)
The third amendment is an amendment to Section
19 which relates to the Urban Service District
and the Suburban Service District; that tile
only change to this section is to delete the
references to additional law enforcement ser-
vices and additional firefighting equipment
and services; and the purport of this is to
make it clear that there will be one police
department and one fire department for Roanoke
Metropolitan Government with personnel
assigned based on need, and it also makes it
clear that emergency services personnel will
respond to emergencies without regard to ser-
vice district boundaries.
Ms. Cindy Dossett, 2419 Lincoln Avenue, S. W., appeared before
Council and urged Council's support for the Roanoke City Schools. She
stated that education in the Roanoke City Schools is excellent, that
Roanoke City has an excellent educational system and that she hopes
that the representatives of Roanoke City Council who are involved in
the consolidation talks will make sure it is known that we are proud of
our school system. Ms. Dossett further stated that she feels we need
Valley-wide consolidation, but she does not want to see anything done
that will sacrifice the Roanoke City's education system.
Mr. Musser moved the adoption of Ordinance No. 30137-70990. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor .... 6.
NAYS: None ........... O.
(Council Member Fitzpatrick was absent.)
379
38O
ACTION:
ASBESTOS REMOVAL AND DISPOSAL: Council Member William White, Sr.,
Chairman of a bid committee appointed by the Mayor to tabulate bids
received for removal of asbestos containing material at the A & P
Building, 28 Salem Avenue, S. E., presented a written report on behalf
of the committee recommending that Council authorize the City Manager
to enter into a contractual agreement with HICO, Inc., for asbestos
abatement at the A & P Building, 28 Salem Avenue, S. E., according to
the contract documents as prepared by the City Engineer's Office, sub-
ject to approval by the City Attorney, in the amount of $28,276.00,
with fifteen consecutive calendars days; and reject all other bids
received.
The City Manager submitted a written report concurring in the
recommendation of the bid committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. William F. Clark, Director of Public Works, advised that the
apparent low bidder did not submit a proper bid bond and therefore, is
not a responsive bidder, and that HICO, Inc., the second lowest bidder,
is a responsive bidder.
Mr. White offered the following emergency Ordinance:
(#30138-70990) Aft ORDINANCE accepting the bid of HICO, Inc., for
the removal of asbestos containing materials inside the A & P Building
and in the roofing material of the A & P Building, 28 Salem Avenue,
S.E., Roanoke, Virginia, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 694.)
Mr. White moved the adoption of Ordinance No. 30138-70990. The
motion was seconded byMr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor .......
NAYS: None .........
O.
(Council Member Fitzpatrick was absent.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss personnel
381
ACTION:
ACTION:
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; and a matter with regard
to disposition of publicly held property and use of publicly held pro-
perty for public purpose, specifically being the sale and use of land
held by the Roanoke Redevelopment and Housing Authority.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor .... 6.
NAYS: None ...............
Oe
(Council Member Fitzpatrick was absent.)
ANNUAL REPORTS-EQUALIZATION BOARD: A communication from the
Honorable Roy B. Willett, Chief Judge, Twenty-Third Judicial Circuit of
Virginia, transmitting the Annual Report of the Board of Equalization
for the year July 1, 1990, to June 30, 1991, was before Council.
Judge Willett advised that the Board received 150 appeals, of
which 48 were commercial and industrial, 101 were residential and one
was withdrawn; that the number of appeals were down somewhat, however,
some of the matters were more complex; that the members of the Board
requested and recommended continued access to the computer service for
their work, continued separate office space from the Office of Real
Estate Valuation, and that the City provide a room by March 1, of each
year, so that the Board may begin work as soon as the oaths of the
respective members are taken.
It was further advised that the Board conducted its business in
Room 162 of the Municipal Building, which arrangement was quite good,
inasmuch as Room 162 is accessible and convenient to the public, and is
well suited to the Board's needs.
(For full text, see communication on file in the City Clerk's Office.)..
Mrs. Bowles moved that the communication be received and filed.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
382
ACTION:
ACTION:
ACTION:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor .................................. 6.
NAYS: None ........... O.
(Council Member Fitzpatrick was absent.)
CIVIC CENTER: A communication from Mr. John W. Lambert, Jr., ten-
dering his resignation as a member of the Roanoke Civic Center
Commission, effective October 1, 1990, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ........ 6.
NAYS: None ....... O.
(Council Member Fitzpatrick was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
June 25, 1990, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mrs. Bowles moved that the pending list be received and filed
The motion was seconded by Mr. Harvey and adopted by the following
vote: '
AYES: Council Nembers Bowles, Harvey, Musser,-White, Bowers and'
Mayor Taylor ........
-6.
NAYS: None-'-Z ....
O.
(Council Member Fitzpatrick was absent.)
COUNCIL: An oral request of the City Manager for Council to con-
vene in Executive Session to discuss a matter with regard to the dispo-
sition of publicly held property and use of publicly held property for
public purposes, specifically being the sale and use of land held by
the Roanoke Redevelopment and Housing Authority, pursuant to Section
2.1-344 (Al (3), Code of Virginia (1950) as amended, was before the
body. ,
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter with regard
to the disposition of publicly held property and use of publicly held
property for public purposes, specifically being the sale and use of
land held by the RoJnoke Redevelopment and Housing Authority, pursuant
to Section 2.1-344 (Al (3), Code of Virginia (1950), as amended. The
motion.was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, Whi{e, Bowers and
Mayor Tayl o~ ...................... 6.
NAYS: None ..................................................... O.
(Council Member Fitzpatrick was absent.)
383
ACTION:
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PAY PLAN-CITY EMPLOYEES: Mr. Musser referred to a matter with
regard to the Pay Plan for Roanoke City employees that has been
discussed with the City Administration previously.
Mr. Musser moved that the matter and the items discussed pre-
viously be referred to the City Manager and the Director of Finance for
study, report and recommendation to Council. The motion was seconded
by Mr. White and adopted.
COUNCIL: Mr. Harvey asked the concurrence of City Council in
reestablishing the quarterly neighborhood meetings that used to be held
four times a year in the different quadrants of the City. He stated
that by meeting at night in the various neighborhoods, it gives people
the opportunity to-attend Council meetings who may not be able to do so
during the day, and it gives our citizens an extra opportunity to be
involved with Council.
Mr. Harvey moved that the matter be referred to the City Manager
for review in selecting the meeting places, times and dates, and report
and recommendation to Council. The motion was seconded by Mr. Musser
and adopted.
Mrs. Bowles stated that she would like tp see some figures when we
get that information as to what the actual cost is, such as moving our
personnel and equipment to the neighborhoods. She requested that the
news media help in the situation and put out information so citizens
can respond if they are really interested in having the meetings in
their neighborhoods. Mrs. Bowles stated that every neighborhood in
this area has a neighborhood organization in which many of these things
are discussed, and she would like some report from the citizens as to
whether they would really like to have the neighborhood meetings.
PETITIONS AND COMMUNICATIONS:
SCHOOLS: A communication from Mr. Ted H. Key, Executive Director,
Williamson Road Area Business Association, Inc., in connection with
funds needed to complete the beautification - landscape project at
Breckinridge Middle School, was before Council.
384
ACTION:
Mr. Key advised that fund raising by the organization to date was
in the amount of $2,670.00; that the amount needed for the project is
$12,164.00, as described in plans drawn by Ms. Marilyn Arbogast, City
Horticulturist; and that contributions have been received from the
Garden Council, Crestar Bank, the Breckinridge PTA, Williamson Road
Womens Club, Northminister Presbyterian Church, Stovall Engineering,
Shenandoah Chapter of Women's Business Association, Valley Beautiful,
Happy Gardners Club, and individuals from a wide area.
It was further advised that because the organization must raise
$25,000.00 above its dues structure for the general operating expenses
and monies to sponsor the Roanoke Valley Urban Fair on August 21, 1990,
through August 26, 1990, Council is requested to consider funding the
balance of $9,494.00 to complete said project. Mr. Key stated that
coupled with the renovations and relandscaping of Oakland Elementary
School, both the private and public sectors of our City can be proud in
joining hands to create a better image for our City and beyond.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that the request of the Williamson Road Area
Business Association, Inc., be referred to the City Manager for study,
report and recommendation to Council. Mr. Musser requested that the
motion be amended to include that the City Manager negotiate with Mr.
Richard L. Kelley, Executive for Business Affairs and Clerk of the
Roanoke City School Board, with regard to the schools' share of the
project. The motion, as amended, was seconded by Mrs. Bowles and
adopted.
TAXES: A communication from Mr. Fred Semrau, Manager, State and
Local Taxes, Bell Atlantic Tricon Leasing Corporation, requesting an
abatement or re-determination of the $10,242.63 in penalty assessed for
1990 personal property taxes, was before Council.
It was advised that the assessed penalty includes $4,877.44 for
late filing of the Corporation's 1990 rendition; that due to the nature
of its business, the Corporation owns equipment in every county in
Virginia; that a majority of the localities require filing of property
tax returns by April 1; that the Corporation failed to realize that the
City of Roanoke required filing of its tax declaration prior to
February 16, 1990; that the additional penalty in the amount of
$5,365.19 was attributed to the Corporation's inquiry of the original
penalty in the amount of $4,877.44; and the Corporation respectfully
requests that the amount be dismissed as an oversite on the part of
Bell Atlantic Tricon Leasing Corporation.
(For full text, see communication on file in the City Clerk's Office.)
A communication from Mr. Gordon E. Peters, City Treasurer,
advising Bell Atlantic that he was unable to comply with the request to
waive the penalties, and that the balance due in the Treasurer's Office
was $10,242.63, was also before Council.
(For full text, see communication on file in the City Clerk's Office.)
m!
ACTION:
Mr. Harvey moved that the request of Bell Atlantic Tricon Leasing
Corporation to waive the assessed penalty, be denied. The motion was
seconded by Mr. Musser and adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
Grant No. 6073 - $2,000,000.00 for the renovation
of Crystal Spring Elementary
School. A Literary Fund Loan, in
the amount of $2,000,000.00 has
been approved for the project by
the City and State.
Grant No. 6582 - $5,827.00 for the Special Educa-
tion Inservice Program to provide
funds for the training of special
education program staff members
and for assistance to parents of
handicapped students. The program
will be one hundred percent reim-
bursed by State funds.
Grant No. 6583 - $719,178.00 for the 1990-91 Flow
Through Program to provide aid for
the education and guidance of
handicapped students. The Program
will be one hundred percent reim-
bursed by State and Federal funds.
Grant No. 6584 - $53,132.00 for the Child Develop-
ment Clinic Program to provide
funds for the salary and expenses
of the educational coordinator at
the clinic. The Program will be
one hundred percent reimbursed by
State funds.
Grant No. 6585 - $66,181.00 for the Child Specialty
Services Program to provide funds
for the salary and expenses of the
educational coordinator. The
Program will be one hundred per-
cent reimbursed by State funds.
Grant No. 6586 - $73,497.00 for the Juvenile
Detention Home Program to provide
funds for the salary and expenses
of the two educational coordina-
tors at the detention home. The
Program will be one hundred per-
cent reimbursed by State funds.
385
386
Grant No. 6587 - $250,000.00 for the Special
Education Tuition Program to pro-
vide funding for the placement of
special education students at the
direction of the State Department
of Education. The Program will be
one hundred percent reimbursed by
State funds.
Grant No. 6742 - $7,840.00 for the GED Testing
Program to provide instructors for
the administration of the GED exa-
minations. The source of funds
will be student fees.
Grant No. 6743 - $45,527.00 for the Marketing
Education Regional Coordinator
Program to provide funds for the
expenses of the regional coor-
dinator. The Program will be one
hundred percent reimbursed by
State funds.
Grant No. 6744 - $107,350.00 for the 1990-91
Apprenticeship Program to provide
on-the-job and classroom voca-
tional instruction for students in
the Apprenticeship Program.
Revenue will be provided by State
funds and fees paid by par-
ticipants.
Grant No. 6964 - $32,300.00 for the Impact Aid
Program to provide funds for
eighty-four percent of the person-
nel cost of the Coordinator of
Grants and Research. The expen-
ditures will be one hundred per-
cent reimbursed by Federal funds.
Grant No. 6965 - $30,292.00 for the Grants Manage-
ment Program to provide for six-
teen percent of the personnel cost
of the Coordinator of Grants and
Research and one hundred percent
of the personnel cost of clerical
support in the Office of Grants
and Development. The Program will
be one hundred percent reimbursed
by Federal funds.
387
ACTION:
Grant No. 6966 - $115,080.00 for tile Governor's
Technology Initiative, Phase II,
to provide for the purchase of
twenty-eight computers which will
be placed in the administrative
office of each Roanoke City
school, The Program will be one
hundred percent reimbursed by
State funds.
The Board further requested the appropriation of $622,192.00 for
the Autistic and Multihandicapped Regional Program to provide for an
adjustment in the 1990-91 General Fund Budget resulting from the imple-
mentation of the Regional Program, and the City will provide staffing
and facilities for the Program.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that lie has reviewed
the request of the School Board to appropriate funding for the Board
into three funds; that the report of the School Board will appropriate
funds, in the amount of $2,000,000.00, in State Literary Loan funds in
the Capital Project Fund for the renovation of Crystal Spring
Elementary School; that said report will also appropriate funds for the
twelve grants in the Grant Fund; that all of the grants are funded with
one hundred percent Federal funds, State funds, or fees, with no local
match required; that the final item being appropriated is the Autistic
and Multihandicapped Program in the General Fund, which is funded by
facility rental payments and special education tuition revenue from the
State; and reco~nded that Council concur in the request of the School
Board, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30139-70990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General, Capital Projects, and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 695.)
Mrs. Bowles moved the adoption of Ordinance No. 30139-70990. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor- 6.
NAYS: None--.
Oe
(Council Member Fitzpatrick was absent.)
388
ACTION:
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Consortium
requested an allocation of six percent in funds from the Governor's
Employment and Training Department that were made available to Service
Delivery Areas for technical assistance; that the Consortium has been
awarded additional Title III funding for the Economic Dislocat'|on and
Worker Adjustment Act Program, in the amount of $5,000.00; and the City
is the grant recipient for Consortium funding.
It was further advised that $2,857.00 has been made available in
technical assistance money from the Governor's Employment and Training
Department to fund computer training needs for certain Consortium
staff; and Notice of Award No. E-90-03-07 has been received from the
Department, in the amount of $5,000.00 for the period of July 1, 1989,
through June 30, 1990.
The City Manager recommended that Council appropriate new Consor-
tium funding, in the amount of $7,857.00 to revenue and expenditure
accounts.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#30140-70990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Consortium Fund Appropriations, and providing for
an r.:~rgency.
{.or full text of Ordinance, see Ordinance Book No. 51, page 699.)
Mr. Musser moved the adoption of Ordinance No. 30140-70990. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ....... 6.
NAYS: None ........ O.
(Council Member Fitzpatrick was absent.)
BUDGET-GRANTS-ART ACQUISITION: The City Manager submitted a writ-
ten report advising that the City was notified of a Local Government
Challenge Grant available through the Virginia Commission for the Arts;
that the Local Government Challenge Grant Funds are available on a
fifty - fifty matching basis, fifty percent State and fifty percent
Local; and application for the grant was made at the request of The
Arts Council of Roanoke Valley.
389
ACTION:
ACTION:
It was further advised that notification by the Commission for the
Arts that a grant, in the amount of $4,250.00, is available to
supplement funds already appropriated from the City to the organization
through the Citizens' Services Con~nittee; that the local funds will
meet the fifty-fifty match; and the 9rant funds, in the amount of
$4,250.00, will be distributed to The Arts Council of Roanoke Valley.
The City Manager recommended that Council accept the grant from
the Virginia Commission for the Arts; authorize funds to be appro-
priated to an account to be established by the Director of Finance in
the Grant Fund; and authorize the City Manager or his designee to exe-
cute the Local Government Challenge Grant on behalf of the City of
Roanoke.
(For full text, see report on file in the City (lerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#30141-70990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 699.)
Mr. Musser moved the adoption of Ordinance No. 30141-70990. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ....... 6.
NAYS: None ................................
(Council Member Fitzpatrick was absent.)
Mr. Musser offered the following Resolution:
(#30142-70990) A RESOLUTION accepting a Local Government Chal-
lenge Grant from the Virginia Commission for the Arts.
(For full text of Resolution, see Resolution Book No. 51, page 700.)
Mr. Musser moved the adoption of Resolution No. 30142-70990. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor .............. 6.
NAYS: None .......... O.
(Council Member Fitzpatrick was absent.)
390
ACTION:
BUDGET-POLICE DEPARTMENT-GRANTS: The City Manager submitted a
written report advising that Congress amended 21 USC. Section 881 el-4,
October, 1986, which authorized the transfer of certain federally for-
feited property to State and Local law enforcement agencies that par-
ticipated in the investigation and seizure of the property; and
application for an equitable share of property seized by local law
enforcement must be made to the U. S. Department of Justice and cer-
tified by the City Attorney as to the appropriate agency and represen-
tative to receive the property and that the transfer is not prohibited
by State and Local law.
It was further advised that property, including funds shared with
State and local agencies, may be used only for the purpose stated in
the application, i.e., narcotics investigations related to law enfor-
cement; that the agency requesting the transfer of property agrees to
pay fees and expenses necessary to effect the transfer; and on January
4, 1988, Council, at its regular meeting, authorized the Director of
Finance to establish grant fund accounts from which funds may be
dispersed in accordance with provisions of the program.
It was explained that the Police Department receives additional
funds periodically from the Federal Government's Asset Sharing Program;
that Council action is necessary to accept additional funds to be
dispersed; that revenues collected to date for the grant are
$267,10B.29 and deposited in Grant Account No. 035-035-1234-7060; that
the current revenue estimate is $228,191.00; that funding received in
excess of the revenue estimate, in the amount of $38,917.29, needs to
be appropriated at this time; and expenditures from the grant to date
are $103,945.62.
The City Manager recommended that Council accept assets from the
Federal Forfeited Property Sharing Program; appropriate $38,917.29 to
Investigations and Rewards, Account No. 035-050-3300-2150, in the
amount of $38,917.29; and increase the revenue estimate for the grant
by $38,917.29.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30143-70990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 700.)
Mr. White moved the adoption of Ordinance No. 30143-70990. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor .......... .6.
NAYS: None ........ O.
(Council Member Fitzpatrick was absent.)
391
ACTION:
WATER DEPARTMENT: The City Manager submitted a written report
concurring in a report of a bid committee in connection with supplying
to the City estimated quantities of ductile iron water pipe for a
period of July 1, 1990 to June 30, 1991.
The bid committee recommended that Council accept the lowest
responsible bid submitted by Griffin Pipe Products Company, to supply
ductile iron water pipe for the period of July 1, 1990 to June 30,
1991; and reject all other bids received by the City.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30144-70990) A RESOLUTION accepting a bid made for providing
ductile-iron water pipe to the City and rejecting other bids.
(For full text of Resolution, see Resolution Book No. 52, page 1.)
Mrs. Bowles moved the adoption of Resolution No. 30144-70990. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ........ 6.
NAYS: None ...... O.
(Council Member Fitzpatrick was absent.)
CITY CODE-HANDICAPPED PEOPLE: The City Manager and the City
Attorney submitted a joint written report advising that at the Council
meeting held on June 25, 1990, Council referred to the City Manager and
City Attorney for review and report the issue of appropriate fine for
parking in a space reserved for handicapped persons; and on July 2,
1990, Mr. George C. Snead, Jr., Director of Administration and Public
Safety, and the City Attorney met with those representatives of the
Mayor's Committee for the Disabled who appeared and commented on the
issue at the June 25, 1990, Council meeting.
It 'was advised that representatives of the Mayor's Committee,
Messrs. Sloan H. Hoopes, George W. Sanderson, and William C. Martin,
the City Manager and the City Attorney jointly recommend a fine in the
amount of $50.00 for parking in a space reserved for handicapped per-
sons, which would increase to $60.00 if not paid within ten days of the
date of issuance; that the recommended effective date for the new fine
is September 1, 1990, which will allow approximately 50 days for the
printing of new parking tickets; and in addition, the September 1,
effective date will allow time for the conduct of a public educational
campaign to sensitize the public to the need for spaces reserved for
handicapped persons and the duty that we all have to observe han-
dicapped parking regulations.
392
ACTION:
It was explained that during this time period, the City will also
voluntarily post notice of the new penalty for violating handicapped
parking regulations at handicapped parking spaces on public streets and
in public places; that the City administration will also be reviewing
the number and location of handicapped parking spaces in the downtown
area, to insure that there is an appropriate number of spaces as well
as to insure that their location is appropriate; that with respect to
the issue of handicapped parking violations at Virginia Western
Community College, the City Manager and the City Attorney have spoken
with officials of the College, and they have advised that their pre-
ference is that the penalty be raised from $5.00 to $25.00 for viola-
tions on the campus, and are of the opinion that $25.00 will provide an
adequate deterrent with respect to the student population; and there-
fore, recommended implementing the recommendations made in the report
as well as the new $25.00 fine for the College.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#30145-?0990) AN ORDINANCE amending and reordaining the Code of
the City of Roanoke (1979), as amended, by repealing subsection (11) of
§20-65, Parking prohibited in specified places, and amending §20-69,
Parking re~uiations on property of Vlrginla Western Community College,
~2U-)b, ParKin~ in spaces reserved tor handicapped perS6'ns and
P_~nalties fo~. unlawful parking; the repealed and amended sections
establishing the parking violation of parking in spaces reserved for
handicapped persons and setting forth a penalty therefor; and providing
for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 52, page 2.)
Mr. Musser m~ved the adoption of Ordinance No. 30145-70990.
motion was seconded by Mr. Harvey.
The
The City Attorney advised that at the City Council meeting on
Monday, June 25, 1990, Council referred the matter to the City Manager
and the City Attorney; that an agreement was reached on an appropriate
penalty of $50.00 which, if not paid within 10 days, would increase to
$60.00, with the effective date to be September 1, 1990.
Mr. Sloan H. Hoopes, President of the Mayor's Committee for the
Disabled, appeared before Council and expressed appreciation for
Council's support in increasing the fine for illegally parking in han-
dicapped spaces. He stated that the Committee is in accord and
agreement with the recommendation of the City Manager and the City
Attorney and asked for Council's approval.
Mr. William C. Martin, representing Paralyzed Veterans of America,
appeared before Council and stated that adoption of the ordinance would
be a step in the right direction; although a large majority of the
people he represents wanted the fine to be increased to $100.00. He
expressed concern that there are not adequate numbers of handicapped
parking spaces in the City.
393
Mrs. Bowles stated, with regard to the educational process that
will be done, she finds that there are many family members who use han-
dicapped parking tags to their advantage, and she would request that
the educational process include a message to handicapped persons to
urge their own families not to take advantage of those spaces.
Mr. Harvey inquired as to whether there will be any follow-up on
this matter, if we see that it is not working or the fine is not suf-
ficient; whereupon, the City Manager answered in the affirmative.
Ordinance No. 30145-70990 was adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor- 6.
NAYS: None--
(Council Member Fitzpatrick was absent.)
DIRECTOR OF FINANCE:
BUDGET-CIVIC CENTER-SEWERS AND STORM DRAINS-WATER DEPARTMENT: The
Director of Finance submitted a written report advising that at the
close of fiscal year 1990, budget funds were obligated for outstanding
encumbrances; that purchase orders or contracts have been issued for
the goods and services as of the close of fiscal year 1990, but deli-
very of the goods, or performance of the services have not been
completed; and reappropriation of the funds brings forward the unspent
budget funds that were originally appropriated and obligated contrac-
tually for the goods and services, and the appropriation amounts are as
follows:
General Fund
Open encumbrances
$2,668,282.00
$ 46,321.00
$ 808,852.00
$ 41,289.00
$1,186,840.00
Water Fund
Open encumbrances
Sewer Fund
Open encumbrances
Civic Center Fund
Open encumbrances
Internal Service Fund
Open encumbrances
The Director of Finance reco~nended that Council reappropriate the
funds into the current year budget in order that the expenditures may
be properly classified and liquidated.
(For full text, see report on file in the City Clerk's Office.)
394
ACTION:
ACTION:
ACTION:
Mr. Musser offered the following emergency budget Ordinance:
(#30146-70990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 3.)
bir. Musser moved the adoption of Ordinance No. 30146-70990. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ....... 6.
NAYS: None ........
(Council Member Fitzpatrick was absent.)
Om
Mrs. Bowles offered the following emergency budget Ordinance:
(#30147-70990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Water Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 10.)
Mrs. Bowles moved the adoption of Ordinance No. 30147-70990. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ....... 6.
NAYS: None ........ O.
(Council Member Fitzpatrick was absent.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30148-70990) AN ORDINANCE to amend and reordain certain sections
of the 199D-91 Sewage Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 11.)
Mrs. Bowles moved the adoption of Ordinance No. 30148-70990. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ....... ~6.
NAYS: None ............... O.
(Council Member Fitzpatrick was absent.)
395.
m
ACTION:
ACTION:
Mr. Harvey offered the following emergency budget Ordinance:
(#30149-70990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Civic Center Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 12.)
Mr. Harvey moved the adoption of Ordinance No. 30149-70990. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ........... 6.
NAYS: None ........... O.
(Council Member Fitzpatrick was absent.)
Mr. White offered the following emergency budget Ordinance:
(#30150-70990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 12.)
Mr. white moved the adoption of Ordinance No. 30150-70990. The
~tion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor .............. 6.
NAYS: None ......... O.
(Council Member Fitzpatrick was absent.)
REPORTS OF COMMITTEES:
WATER DEPARTMENT: Council Member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the committee with regard to the execution of the "Special Order"
issued by the Virginia Water Control Board for high sewage flows.
A staff report advised that the flow is a parameter the Virginia
Water Control Board regulates on discharge permits for the sewage
treatment plant; that permit limits for flow have been exceeded for an
entire year; that rainfall increases flow at the sewage treatment
plant; and inflow and infiltration, basement sump pumps, foundation
drains and basement drains increase the sewer flow thus resulting in
high plant flows.
It was further advised that record rainfalls occurred in 1989, and
high rainfall continues to occur; that a 95 per cent letter has been
submitted by the City, which is required by the Virginia Water Control
Board when plant flows reach 95 percent permitted capacity for a three
396
ACTION:
month period, and which gives a plan of action to ensure compliance
with permit limits; that the Water Resources Committee and Council were
notified pursuant to reports under date of February 26, 1990 and
March 5, 1990, respectively; and a special order is being issued by the
Virginia Water Control Board in regards to high flows, which is a form
of an enforcement order issued by the Virginia Water Control Board, and
the Board has incorporated the City's plan of action in said order.
It was explained that substantial fines are possible with con-
tinued permit violations; that Council authorization is necessary for
the City Manager to execute the "Special Order"; that the required
agreements with contributing jurisdictions have been signed and
received by the City in accordance with the special order; that per-
mitted flows continue to be exceeded; that permit modification to
increase the permitted flow for wet weather is being pursued; and
Malcolm Pernie, consulting engineers, has been employed to aid in
obtaining an increased permitted flow of 42 million gallons per day,
and that the permitted flow is presently at 35 million gallons per day.
The Water Resources Committee recommended that Council authorize
the City Manager to execute the "Special Order" issued by the Virginia
Water Control Board.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30151-70990) A RESOLUTION authorizing the City Manager on
behalf of the City to execute a Special Order issued by the
Commonwealth of Virginia State Water Control Board relating to high
flows at the Roanoke Regional Water Pollution Control Plant, upon cer-
tain terms and conditions.
(For full text of Resolution, see Resolution Book No. 52, page 14.)
Mrs. Bowles moved the adoption of Resolution No. 30151-70990. The
motion was seconded by Mr. Bowers adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ............ .6.
NAYS: None .........
(Council Member Fitzpatrick was absent.)
STREETS AND ALLEYS-SPECIAL PERMITS: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the Committee in connection with the issuance of a
conditional permit allowing the structure at 3804 Melrose Avenue,
N. W., to continue encroaching into the right-of-way of Adams Street,
N. W.
397
ACTION:
A staff report advised that the structure was built at 3804
Melrose Avenue, N. W., the northerly one-half of Lots 8 and 9,
Block 27, Washington Heights, at least forty years ago, encroaching in
excess of three feet into the right-of-way of Adams Street, N. W.; and
Adams Street, with fifty foot right-of-way width, was built off-center
in the right-of-way, five to eight feet further from the west side of
the right-of-way than from the east.
It was further advised that the unusual distance behind the curb
on the west side, approximately twice as much as usual, may have
contributed to the error in locating the structure; and the request for
a permit to allow the encroachment at 3804 Melrose Avenue to remain in
place has been received from the property owner, Mr. Joseph A. Parrish,
which property is being sold to Roger C. Willis, 4103 High Acres Road,
N. W., who will provide indemnification and general liability
insurance.
The Water Resources Committee recommended that Council authorize
the appropriate City officials to issue a conditional permit allowing
the structure at 3804 Melrose Avenue, N. W., to continue encroaching
into the right-of-way of Adams Street, N. W., approximately 23 feet in
length, approximately 3 feet in depth on the northerly end, 3.65 feet
in depth on the southerly end; and that pursuant to §15.1-377, Code of
Virginia, 1950, as amended, the encroachment may exist only until the
building is destroyed or removed, and the permit is subject to approval
by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30152) AN ORDINANCE 9ranting a conditional permit for an
existing structure encroaching over and into the right-of-way of Adams
Street, N. W., located adjacent to 3804 Melrose Avenue, N. W., Official
Tax No. 2762008, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 21.)
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ....... 6.
NAYS: None .................
(Council Member Fitzpatrick was absent.)
SPECIAL PERMITS-CENTER IN THE SQUARE: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report with regard to granting a revocable license to Center In The
Square for canopies over the public sidewalk on Campbell Avenue, S. E.
398
ACTION:
A staff report advised that Center In The Square has been located
at the southwest corner of Campbell Avenue, S. E., and Market Square
for a number of years; that over a period of time, it has become
apparent that out-of-town visitors have difficulty locating the Center;
that installation of distinctive glass and steel canopies over the
sidewalk on the Center's frontage on Campbell Avenue and Market Square
is proposed by Center In The Square to provide identification for the
facility; and a Certificate of Appropriateness for the installation of
the canopies was granted by the Architectural Review Board on May 11,
1990.
The Water Resources Committee recommended that Council authorize
the appropriate City officials to execute a revocable permit allowing
the encroachment of decorative glass and steel canopies, attached to
the facade of Center In The Square, over portions of the public
sidewalk on Campbell Avenue, S. E., and Market Square.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30153) AN ORDINANCE granting a revocable license for the
construction of certain building appendages encroaching over and into
the right-of-way of Campbell Avenue and Market Square, located at
Center In The Square, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 22.)
The motion was seconded ~¥ Mr. Bowers and adopted by the following
vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ....... -6.
NAYS: None ........ -0.
(Council Member Fitzpatrick was absent.)
SPECIAL PERMITS-RED CROSS-SEWERS AND STORM DRAINS-EASEMENTS:
Council Member Elizabeth T. Bowles, Chairman of the Water Resources
Committee, presented a written report on behalf of the Committee in
connection with the abandonment of an unused sanitary sewer line on the
property of the Red Cross.
A staff report advised that the Red Cross has occupied the struc-
ture at the site bounded by Luck Avenue, S. W., Fourth Street, S. W.,
and Church Avenue, S. W., for a number of years, and the majority of
the site has been used as an unpaved parking lot during that time; that
an addition to the Red Cross building is in the design stage; that the
abandonment of an old, unused sanitary sewer line under the new
building and across the parking lot to 4th Street, S. W., is necessary;
and a license to occupy small portions of street right-of-way with
fringes of new parking spaces along Luck Avenue, S. W., is requested.
399
ACTION:
The Water Resources Committee recommended that Council authorize
the appropriate City officials to execute a revocable license allowing
the American Red Cross, Roanoke Valley Chapter, to construct parking
spaces along the northerly side of Luck Avenue, S. W., encroaching
slightly into the street right-of-way at several points, and abandon an
unused sanitary sewer line, approximately 183 feet in length, extending
in an easterly direction from a manhole located on the east side of 4th
Street, S. W., to a terminus adjacent to the west side of the existing
Red Cross building.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30154) AN ORDINANCE authorizing the abandonment of a certain
unused sanitary sewer line located on property owned by the American
Red Cross, Roanoke Valley Chapter, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 23.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ......... 6.
NAYS: None ........ O.
(Council Member Fitzpatrick was absent.)
BUDGET-ASBESTOS REMOVAL/DISPOSAL-CIVIC CENTER: Council Member
William White, Sr., Chairman of the bid con~nittee appointed by the
Mayor to tabulate bids received for asbestos abatement at the Roanoke
Civic Center Auditorium, presented a written report on behalf of the
committee recon~nending that Council authorize the City Manager to enter
into a contractual agreement with WACO, Inc., for asbestos abatement in
the Civic Center Auditorium according to the contract documents as pre-
pared by Dewberry & Davis, subject to approval by the City Attorney, in
the amount of $144,800.00 and 45 consecutive calendar days; reject all
other bids received by the City; and appropriate funding for said pro-
ject from the Civic Center Retained Earnings Account to a capital
account to be established by the Director of Finance, as follows:
Contract with WACO, Inc. $144,800.00
Project Contingency 13,200.00
Total Project Amount $158,000.00
The City Manager submitted a written report concurring in the
recommendations of the bid committee.
(For full text, see reports on file in the City Clerk's Office.)
4OO
ACTION:
ACTION:
Mr. White offered the following emergency budget Ordinance:
(#30155-70990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Civic Center Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 14.)
Mr. White moved the adoption of Ordinance No. 30155-70990. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council l~embers Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor .......................... 6.
NAYS: None ........ O.
(Council Member Fitzpatrick was absent.)
Mr. Musser offered the following emergency Ordinance:
(#30156-70990) AN ORDINANCE accepting the bid of WACO, Inc., for
the removal of asbestos containing materials at the Roanoke Civic
Center Auditorium, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 15.)
Mr. Musser moved the adoption of Ordinance No. 30156-70990. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White, Bowers and
Mayor Taylor ......... .6.
NAYS: None ........
(Council Member Fitzpatrick was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 10:05 p.m., the Mayor declared the meeting in recess.
At 11:12 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all Members of the Council in attendance,
with the exception of Council Member Fitzpatrick.
401
m
ACTION:
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles Harvey, Musser, White, Bowers and
' ...... ---6.
Mayor Taylor-
NAYS: None-- O.
(Council Member Fitzpatrick was absent.)
COUNCIL-COMMITTEES: Mayor Noel C. Taylor advised that pursuant to
the reorganization of the Roanoke City Council, he has taken the
liberty of making the following committee assignments, with the con-
currence of the Council:
Council Member David A. Bowers
Audit Committee, Chairman
Budget and Planning Committee
Personnel Committee
Roanoke Redevelopment and Housing Authority, Board
of Commissioners - Council Liaison Member
Greater Roanoke Transit Company, Board of Directors
Downtown Housing Task Force - Ex-Officio
Housing Strategy Task Force
Council Member Elizabeth T. Bowles
Water Resources Committee, Chairman
Audit Committee
Budget and Planning Committee
Personnel Committee
Art Committee - Roanoke City Courthouse
Western Virginia Development Company
Mill Mountain Development Committee
Fifth Planning District Commission
Greater Roanoke Transit Company, Board of Directors
Roanoke Arts Commission
Total Action Against Poverty in the Roanoke
Valley - Board of Directors, City Representative
Roanoke Mayor's Committee for the Disabled
War Memorial Committee
m
402
3
Council Member Beverly T. Fitzpatrick, Jr.
Economic Development Commission, Chairman
Audi t Commtttee
Water Resources Committee
Budget and Planning Committee
Personnel Committee
Greater Roanoke Transit Company, Board of Directors
Housing Strategy Task Force - Ex Officio
Cable Tel evi si on Committee
Regional Cable Television Committee
Fifth Planning District Commission
Council Member James G. Harvey,
Budget and Planning Committee
Personnel Committee
Greater Roanoke Transit Company, Board of Directors
Water Resources Committee
Roanoke Civic Center Commission
City of Roanoke Transportation Safety Commission
Unified Human Services Transportation System,
Incorporated, Board of Directors
Downtown Housing Task Force
Audit Committee
Vice-Mayor Howard E. Musser
Personnel Committee, Chairman
Budget and Planning Committee
Greater Roanoke Transit Company, Board of Directors
Water Resources Committee
Audit Committee
Cable Television Committee, Chairman
War Memorial Committee, Chairman
Mill Mountain Zoo, Incorporated (Liaison Council
Member)
Regional Cable Television Committee, Chairman
William White, Sr.
Bid Committee, Chairman
Budget and Planning Committee
Greater Roanoke Transit Company, Board of Directors
Personnel Committee
Audit Committee
Fifth Planning District Commission
Virginia Museum of Transportation, Board of
Directors
403
There being no further business, the Mayor declared the meeting
adjourned at 11:14 p.m.
APPROVED
ATTEST:
Deputy City C1
404
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
July 23, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, July 23, 1990, at 2:00 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended.
PRESENT: Council Members James G. Harvey, II, William White, Sr.,
David A. Bowers, Elizabeth T. Bowles and Vice-Mayor Howard E. Musser .......... 5.
ABSENT:
Taylor-
Council Member Beverly T. Fitzpatrick, Jr., and Mayor Noel C.
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger, Director of Finance;
and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Carl T. Tinsley,
Associate Pastor, Pilgrim Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Musser.
BID OPENINGS:
FIRE DEPARTMENT: Pursuant to notice of advertisement for bids for
alterations and additions to Fire Station No. 4, 3773 Aerial Way Drive,
S. W., said bids to be received by the City Clerk until 1:30 p.m., on
Monday, July 23, 1990, and to be held, opened and read before the
Council at 2:00 p.m., on that date, or as soon thereafter as the matter
may be heard, the Vice-Mayor asked if anyone had any questions about
the advertisement for bids. No representative present raising any
question, the Vice-Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
BASE BID TOTAL
BKM Contractors Corporation
Construction Services of Roanoke, Inc.
Varney Electric Company, Inc.
Acorn Construction, Ltd.
Building Specialists, Inc.
$25,975.00
26,840.00
28,800.00
29,800.00
37,900.00
405
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
to Council. The motion was seconded by Mr. Bowers and adopted.
The Vice-Mayor appointed Messrs. William White, Sr., Chairman,
George W. Snead, Jr., and William F. Clark as members of the committee.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for the Plantation Road/Hollins Road, N. E., storm drain between
3127 Plantation Road and Tinker Creek, said bids to be received by the
City Clerk until 1:30 p.m., on Monday, July 23, 1990, and to be held,
opened and read before the Council at 2:00 p.m., on that date or as
soon thereafter as the matter may be heard, the Vice-Mayor asked if
anyone had any questions about the advertisement for bids. No repre-
sentative present raising any question, the Vice-Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
*Dixon Contracting, Inc.
Aaron J. Conner General Contractor,
Inc.
E. C. Pace Company, Inc.
Branch Highways, Inc.
Allegheny Construction Co., Inc.
$402,517.25
454,608.55
574,658.00
602,125.00
727,622.00
*Alteration to bid
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
to Council. The motion was seconded by Mr. Bowers and adopted.
The Vice-Mayor appointed Messrs. William White, Sr., Chairman,
Kit B. Kiser and William F. Clark as members of the committee.
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for alterations to No. 3 aeration and No. 3 and No. 4 nitrification
basins at the Water Pollution Control Plant, said bids to be received
by the City Clerk until 1:30 p.m., on Monday, July 23, 1990, and to be
held, opened and read before the Council at 2:00 p.m., on that date or
as soon thereafter as the matter may be heard, the Vice-Mayor asked if
anyone had any questions about the advertisement for bids. No repre-
sentative present raising any question, the Vice-Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
406
ACTION:
ACTION:
ACTION:
BIDDER
BASE BID TOTAL ALT. NO. 1
Acorn Construction,
Ltd.
S. C. Rossi & Co.,
Inc.
Breakell, Inc.
H. Hamner Gay & Co.
Structures & Utilities
Co., Inc.
Dixie Contractors,
Inc.
$118,900.00
121,411.00
128,200.00
134,000.00
139,800.00
168,500.00
$36,900.00
39,000.00
40,500.00
40,000.00
46,000.00
54,260.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
to Council. The motion was seconded by Mr. Bowers and adopted.
The Vice-Mayor appointed Messrs. William White, Sr., Kit B. Kiser
and William F. Clark as members of the committee.
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions to discuss
personnel matters relating to vacancies on various authorities, boards,
commissions and committees appointed by Council; and a matter regarding
acquisition of an interest in real property and disposition of publicly
held property, specifically possible acquisition of an interest in cer-
tain real property and the subsequent disposition thereof by conveyance
to Total Action Against Poverty.
Mr. White moved that Item C-5, a report of the City Manager with
regard to the Mayor's 1989 State of the City Recommendation No. 2 to
establish details and criteria for an "Employee of the Year" program
for participation by Roanoke City Employees, be deleted from the
Consent Agenda for appropriate discussion. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ........ 5.
NAYS: )!one ........
(Mayor Taylor and Council Member Fitzpatrick were absent.)
Oo
4O7
11
ACTION:
ACTION:
ACTION:
MINUTES: Minutes of the regular meetings of Council held on
Monday, March 5, 1990; Monday, March 12, 1990; Monday, March 19, 1990;
and Monday, March 26, 1990, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ........................... 5.
NAYS: None- -- O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of Vice-Mayor
Musser to convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (A) (1),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser .... 5.
NAYS: None ................................
O®
(Mayor Taylor and Council Member Fitzpatrick were absent.)
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss a matter regarding acquisi-
tion of an interest in real property and disposition of publicly held
property, specifically possible acquisition of an interest in certain
real property and the subsequent disposition thereof by conveyance to
Total Action Against Poverty, pursuant to Section 2.1-344 (A) (3), Code
of Vir§inia (1950), as amended, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the
Vice-Mayor to convene in Executive Session to discuss a matter
regarding acquisition of an interest in real property and disposition
of publicly held property, specifically possible acquisition of an
interest in certain real property and the subsequent disposition
thereof by conveyance to Total Action Against Poverty, pursuant to
Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Harvey and adopted by the following vote:
408
ACT ION:
ACTION:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ..... 5.
NAYS: None- O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
TAXES-SPECIAL PERMITS: A report of the City Manager requesting
that Council authorize the City Clerk to advertise a public hearing,
pursuant to Section 30-19.04, Code of Virginia (1950), as amended, for
the regular meeting of Council to be held on Monday, August 13, 1990,
to consider a request of Showtimers of Roanoke Valley, Inc., for exemp-
tion from taxation, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the City
Manager. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Harvey, White, Bowers, Bowles, and Vice-
Mayor Musser ...... 5.
NAYS: None .... O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
ANNUAL REPORTS-MUNICIPAL AUDITOR: A report of the Municipal
Auditor transmitting an Annual Report of the Municipal Auditing
Department for the year ended June 30, 1990, advising that significant
audit activity completed during fiscal year 1990 included 1,786 exter-
nal audit hours, 3,184 internal audit hours, and 850 technical
assistance audit hours, was before Council.
It was pointed out that the quality and results of audit activi-
ties have been evaluated by the City's independent accountants, Federal
grantor agencies, and the Virginia Auditor of Public Accounts, and each
evaluation concluded that the competence, objectivity and performance
of the Municipal Auditor's Office is on the highest professional level.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. White moved that the Annual Report be received and filed. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ............................................. 5.
NAYS: None-- O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
409
ACTION:
ACTION:
ACTION:
ROANOKE ARTS COMMISSION: A report of the City Clerk advising of
the qualification of Ms. Vicki Stauffer as a member of the Roanoke Arts
Commission, for a term of three years ending June 30, 1993, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. White moved that the report of qualification be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ............ 5.
NAYS: None ..........................................
(Mayor Taylor and Council Member Fitzpatrick were absent.)
PENSIONS: A report of the City Clerk advising of the qualifica-
tion of Messrs. F. Wiley Hubbell and L. Bane Coburn as members of the
Board of Trustees, City of Roanoke Pension Plan, for terms of four
years each, ending June 30, 1994, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office. )
Mr. White moved that the report of qualification be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ........ 5.
NAYS: None ..................................................... O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
PERSONNEL (PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION): A
report of the City Clerk advising of the qualification of Mr. L. Bane
Coburn as a member of the Personnel and Employment Practices Commission
for a term of three years, ending June 30, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. White moved that the report of qualification be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ..................................... 5.
NAYS: None ........................
-0.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
410
ACTION:
ACTION:
YOUTH (YOUTH SERVICES CITIZEN BOARD): A report of the City Clerk
advisin9 of the qualification of Mr. Thomas H. Miller as a member of
the Youth Services Citizen Board, for a term of three years ending
May 31, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. White moved that the report of qualification be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
fol 1 owl ng vote:
AYES: Council Members Harvey, White, Bowers, Bowles, and Vice-
Mayor Musser ................................... 5.
NAYS: None ........ O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
FIRE DEPARTMENT (BOARD OF FIRE APPEALS): A report of the City
Clerk advising of the qualification of Mr. Corbin L. Wilson as a
member of the Board of Fire Appeals, for a term of four years ending
June 30, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. White moved that the report of qualification be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Harvey, White, Bowers, Bowles, and Vice-
Mayor Musser .......... 5.
NAYS: None ................ O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-GRANTS-CITY JAIL-SHERIFF: A communication from the
Honorable W. Alvin Hudson, Sheriff, advising that in 1987, Governor
Baliles initiated a Literacy Program for inmates incarcerated in the
Virginia Department of Corrections; that this program was intended to
reduce recidivism among inmates by encouraging them to obtain a G.E.D.
level of education and thereby increase their abilities to obtain jobs
once released from custody; that in fiscal year 1988-89, limited grant
funds were made available to local jails through the Department of
Correctional Education to initiate and/or augment established educa-
tional programs for inmates at the local level; and the Roanoke City
Jail applied for and received grant funds to employ a part-time teacher
to initiate a program for inmates in the Roanoke City Jail in order
that they may obtain a G.E.D. level of education.
411
ACTION:
ACTION:
It was further advised that in fiscal year 1989-90, the Roanoke
City School Division requested and received grant funds for an
"institutional adult plan" to continue to provide funding for the
G.E.D. program being operated in the Roanoke City Jail; that this
request was submitted as a part of the Annual Program Application for
adult education under the State Adult Literacy and Adult Education Act;
that funds are administered by the Adult Education Service of the State
Department of Education through local school divisions; that for the
past two fiscal years, the G.E.D. program serving the inmates in the
Roanoke City Jail has proven successful; and by utilizing a paid part-
time teacher, in addition to con~nunity volunteers from St. Gerard's
Catholic Church and the First Baptist Church, the jail has been able to
provide quality educational opportunities to inmates within the jail.
Sheriff Hudson explained that the Roanoke City School Division
requested and received approval for the continued funding of the
Roanoke City Jail's G.E.D. program for fiscal year 1990-91; that this
"institutionalized adult plan" request was submitted again as part of
the Annual Program Application for adult education under the State
Adult Literacy and Adult Education Act; and funds are administered by
the Adult Education Service of the State Department of Education
through local school divisions.
The Sheriff recommended that Council establish a revenue estimate
in the Grant Fund, in the amount of $9,500.00, in Federal funds and
$1,055.56 in local cash match to be transferred from the City Jail's
Fees for Professional Services account; and establish the required
expenditure account in the Grant Fund, Personal Services, in the amount
of $10,555.56.
A report of the City Manager concurring in the recommendation of
the Sheriff, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#30157-72390) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book 52, page 24.)
Mr. Bowers moved the adoption of Ordinance No. 30157-72390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles, and Vice-
Mayor Musser .......... 5.
NAYS: None ....... -0.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
Mrs. Bowles moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Bowers and adopted.
412
BUDGET-CITY JAIL-SHERIFF-ALCOHOL/DRUGS: A communication from the
Honorable W. Alvin Hudson, City Sheriff, advisin§ that the Appropria-
tions Act approved by the Virginia General Assembly during its 1989
regular Session authorized the Department of Criminal Justice Services
(DCJS) to expend grant funds for pretrial diversion and related ser-
vices; and, in addition, the Director of DCJS was to assure that one or
more of these programs was to include provisions for drug testing of
accused felons awaitin9 trial, consistent with state law, Section 19.2-
123 of the Code of Virginia (1950), as amended, effective July 1, 1989.
It was further advised that the Drug Testing of Pretrial Felons
program was to be implemented with state funds through a grant at no
cost to the locality; that funds were made available for the program,
in the amount of $67,670.00, with no matching fund requirements for the
locality; that the purpose of the drug testing program was twofold;
viz: the diversion of defendants from jail who are awaiting trial with
conditions for continued drug testing while on release status, and the
collection of verifiable data concerning the prevalence of drug use by
persons coincidental to the commission of a crime.
It was pointed out that the Virginia State Crime Commission
endorsed Roanoke City in 1989 as the site for the drug testing of
pretrial felons pilot program with the Roanoke City Sheriff's Office
administering the program; that Council authorized the City Manager to
execute a grant agreement with the DCJS to implement the drug testing
of pretrial felons pilot program during the fiscal year ending June 30,
1990; that an Abbott ADX Abused Drug Analyzer was purchased as
authorized by Council, at a cost of $20,000.00, to perform the required
drug test screens because it was the only drug screening process which
could be done on site that fulfilled the requirements of the program;
and in addition, the City Manager, with approval of Counci), executed a
Customer Incentive Agreement with Abbott Laboratories to provide all
reagents, calibrators, calibrations, controls and miscellaneous
materials, as well as maintenance service for the operation of the ana-
lyzer.
The Sheriff explained that the Appropriations Act approved by the
Virginia General Assembly during the 1990 Session authorized the DCJS
to continue to provide funding for the Drug Testing of Pretrial Felons
pilot program, in the amount of $65,781.00, with no cost to the City of
Roanoke; that a grant request totalling $65,781.00 has been submitted
to the DCJS for the Sheriff's Office to continue to administer the Drug
Testing of Pretrial Felons program and $65,781.00 was awarded to the
City of Roanoke; and preliminary approval of the program has been given
by the DCJS, subject to Council's concurrence.
The Sheriff recommended that Council authorize the City Manager
to execute a grant agreement with the DCJS, not to exceed the amount of
$65,781.00 and appropriate $65,781.00 to accounts to be established by
the Director of Finance in the Grant Fund; and, in addition, that
Council authorize the City Manager to execute a Customer Incentive
Agreement with Abbott Laboratories to provide reagents, calibrators,
calibrations, controls, and miscellaneous materials as well as main-
tenance service until July 1, 1991, in an amount not to exceed
$34,777.00.
413
?!
ACTION:
ACTION:
ACTION:
A report of the City Manager concurring in the reco~endation of
the Sheriff, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#30158-72390) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 25.)
Mrs. Bowles moved the adoption of Ordinance No. 30158-72390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles, and Vice-
Mayor Musser .... 5.
NAYS: None ...... O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
Mrs. Bowles offered the following Resolution:
(#30159-72390) A RESOLUTION authorizing the acceptance of a
Grant for Drug Testing of Accused Felons Awaiting Trial made to the
City of Roanoke by the Commonwealth of Virginia Department of Criminal
Justice Services and authorizing the acceptance, execution and filing
of all appropriate documents to obtain such grant.
(For full text of Resolution, see Resolution Book No. 52, page 25.)
Mrs. Bowles moved the adoption of Resolution No. 30159-72390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser .............. 5.
NAYS: None ................ O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
Mrs. Bowles offered the following Resolution:
(#30160-72390) A RESOLUTION authorizing the proper City officials
to execute a Customer Incentive Agreement with Abbott Laboratories to
provide drug testing materials for the City Jail.
(For full text of Resolution, see Resolution Book No. 52, page 26.)
Mrs. Bowles moved the adoption of Resolution No. 30160-72390. The
motion was seconded by Mr. White and adopted by the following vote:
414
ACTION:
ACTION:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ....... ---5.
NAYS: None ......... O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
Mr. Harvey moved that the report of the City Manager be received
and filed. The motion was seconded by Mrs. Bowles and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY EMPLOYEES-STATE OF THE CITY ADDRESS: The City Manager sub-
mitted a written report advising that last year in the Mayor's State of
the City Address, he recommended that the administration study the
potential of implementing a City-Wide Employee of the Year program;
that based on the request, he assigned the project to Mr. Kenneth
Cronin, Personnel Manager; that after reviewing organizations that have
implemented such programs, Mr. Cronin provided him with the following
observations; viz: (1) some organizations have found that it is dif-
ficult, if not unfair, to have just one Employee of the Year; (2) some
organizations have implemented such programs without regard to employee
desire or need for such a program. He pointed out that as a result,
while many programs may appear to be successful because a particular
employee or employees have received prestigious awards, the fact
remains that by designating one or a few individuals as "Employee of
the Year" has had the impact of jealousy or sometimes mistrust related
to how such employees are selected.
Mr. Herbert advised that the above information should not be
interpreted that he is against implementing such a program, rather, he
is more interested in insuring that all levels of the organization,
including department heads, first line supervisors and employees, feel
comfortable with the type of program the City wishes to implement;
therefore, through employee forums such as supervisory development
training programs, the City can better determine the qualities and
achievements generally valued by employees in the day to day operations
of providing City services, as well as effective methods of involving
employees in a recognition program that they will support and respect.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be referred back to the City
Manager for a more conclusive report and recommendation. The motion
was seconded by Mr. Harvey and adopted.
415
ACTION:
HOUSING-PLANNING-GRANTS: The City Manager submitted a written
report advising that Council appropriated Community Development Block
Grant ICDBG) funds on June 25, 1990, pursuant to Ordinance No. 30125-
62590 for fiscal year 1990-91, totalling $2,0B3,788.00 which included
$1,563,000.00 new entitlement and $520,788.00 in program income; that
additionally, $254,448.00 was transferred from older projects to pro-
jects included in the fiscal year 1990-91CDBG program; and the Housing
Authority, historically, has administered certain portions of CDBG
programs for the City, including housing rehabilitation and economic
development activities.
It was further advised that funds budgeted for the Housing
Authority's services in fiscal year 1990-91 total $436,897.00 for
administration and support of four economic development programs, eight
~,ousing programs and one neighborhood redevelopment project; that pro-
ject funds to be administered by the Housing Authority, covered by this
contract, total $1,124,469.00 in CDBG funds, with total value of the
contract, including administration plus project funds, being
$1,561,366.00; that total value of projects to be administered by the
Housing Authority through the contract exceeds $2.8 million including
CDBG funds, other HUD funds, State funds, and leveraged private funds;
and an administrative agreement between the City and the Housing
Authority is necessary before the Housing Authority can perform and
receive payment for administrative activities regarding CDBG funded or
assi sted programs.
The City Manager recommended that he be authorized to execute the
agreement with the Roanoke Redevelopment and Housing Authority for per-
formance of various community development activities.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#30161-72390) A RESOLUTION authorizing the execution of a writ-
ten agreement with the City of Roanoke Redevelopment and Housing
Authority relating to the performance of certain Community Development
Block Grant program activities to be undertaken by the City during
Program Year 1990-1991.
(For full text of Resolution, see Resolution Book No. 52, page 26.)
Mr. Bowers moved the adoption of Resolution No. 30161-72390. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser .... 5.
NAYS: None. O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
416
ACTION:
Mr. White stated that the percentage of administrative costs
should be reviewed in the future; whereupon, Mr. Bowers, Council's
liaison to the Roanoke Redevelopment and Housing Authority, advised
that he would discuss the matter in greater detail with Mr. White in an
effort to address his concerns.
HOUSING-PLANNING-GRANTS: The City Manager submitted a written
report advising that Council authorized funding for the 702 Gilmer
Avenue Rehabilitation Project as a part of the Community Development
Block Grant (CDBG) application approved by Council on May 14, 1990,
pursuant to Resolution No. 30041-51490; and the City has received HUD
approval of the CDBG application by communication dated June 18, 1990.
It was further advised that the project is proposed by the
Northwest Neighborhood Environmental Organization (NNEO) to continue
the revitalization process on Gilmer Avenue, N. W., and to provide low
to moderate income persons with an opportunity for home ownership; that
the NNEO will complete rehabilitation of a vacant house located at 702
Gilmer Avenue, N. W., and eventually sell the single family unit to a
low to moderate income family; that fiscal year 1990-91CDBG funds, in
the amount of $15,000.00, will leverage $30,000.00 in additional monies
from the neighborhood organization and a bank loan; and an administra-
tive agreement between the City and NNEO is necessary for the funds to
be obligated to this project.
The City Manager recommended that he be authorized to execute the
agreement with the Northwest Neighborhood Environmental Organization
for the rehabilitation of a vacant house located at 702 Gilmer Avenue,
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30162-72390) A RESOLUTION authorizing the City Manager to exe-
cute an Agreement with the Northwest Neighborhood Environmental
Organization, Inc., (NNEO) to provide for the use of certain Community
Development Block Grant (CDBG) funds for the rehabilitation of a vacant
house at 702 Gilmer Avenue, N. W.
(For full text of Resolution, see Resolution No. 52, page 27.)
Mrs. Bowles moved the adoption of Resolution No. 30162-72390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ...... 5.
NAYS: None .........................
-0.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
417
II
ACTION:
FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The City
Manager submitted a written report advising that the City of Roanoke
has been designated as the grant recipient of funds under the Job
Training Partnership Act; that by agreement of the localities in the
Fifth Planning District, the City of Roanoke acts as fiscal depository
of all Consortium funds; and the Fifth Planning District has been
designated as a service delivery area by the Governor of Virginia.
The City Manager further advised that the Governor's Employment
and Training Department requires that an agreement be executed by the
Policy Board of the Fifth District Employment and Training Consortium,
the Private Industry Council and the City as the depository of the
funds; that the agreement primarily clarifies the roles, respon-
sibilities, liability of the Policy Board, the Private Industry Council
and the City of Roanoke as the grant recipient; and authority to exe-
cute appropriate documents is needed from Council.
The City Manager recommended that he be authorized to sign the
agreement for program year 1990-91.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#30163-72390) AN ORDINANCE authorizing the execution of an
agreement by and between the City, the Governor's Employment and
Training Department, the Fifth District Employment and Training
Consortium, and the Fifth District Employment and Training Consortium's
Industry Council; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 28.)
Mr. Bowers moved the adoption of Ordinance No. 30163-72390. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ........ 5.
NAYS: None-- O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
STATE HIGHWAYS-HENRY STREET REVITALIZATION-TRAFFIC: Tile City
Manager submitted a written report advising that on April 13, 1987,
Council requested the Virginia Department of Transportation to program
projects for roadway widening and realignment to include the following:
Wells Avenue, N. W., from Williamson Road to First
Street, N. W.
First Street/Gainsboro Road from Madison Avenue,
N. W., to Salem Avenue, S. W., and intersection of
Orange Avenue and Gainsboro Road.
418
The City Manager further advised that redevelopment of the Henry
Street area and improved access to downtown Roanoke required that a
more expeditious method be found to proceed with improvements on First
Street/Gainsboro Road and Wells Avenue; that on July 27, 1987, Council
authorized agreements with the Highway Department by which the City
will assume responsibility for administering all aspects of the First
Street/Gainsboro Road and Wells Avenue projects, with the preliminary
engineering phase to be handled on the normal 95 per cent Highway
Department and five per cent City cost sharing basis; and on
December 21, 1987, Council awarded an engineering services reimburse-
ment, with a cost ceiling contract, to Mattern & Craig, P. C.,
Consulting Engineers, in an amount not to exceed $1,002,342.24, and
appropriated $50,117.0D for payment of services from the Highway
Department for the City's five per cent share of the contract.
It was explained that tile scope of the work to be performed by
Mattern & Craig consists of the preparation of complete surveys, right
of way and construction plans and plats, utilities, signs, signals,
pavement markings, lighting and landscaping plans, structures, traffic
data, environmental assessment, geological borings and testing,
construction administration, and inspection of construction; that Down-
town North Development Plan results were released at a May 11, 1989,
press conference, and included a recommendation to construct a four-
lane Second Street Bridge instead of a four-lane First Street Bridge;
that the Second Street corridor provides a clearer and more well
defined west circumferential route than First Street, and the study
also suggested realigning Wells Avenue such that it connects with
Gilmer Avenue to provide better overall accessibility; and existing
Gilmer Avenue continues to the west to major north-south crossings such
as 5th Street and lOth Street while Wells Avenue currently ends west
of First Street.
The report noted that total costs invoiced by Mattern & Craig for
this project through May 3, 1990, include $664,411.89 for Second
Street/Gainsboro Road and $42,711.24 for Wells Avenue; that tasks
accomplished include aerial photography, base mapping, surveying, traf-
fic data, collection and analysis, roadway design and intersection plan
design for Gainsboro Road at Orange Avenue, with the City's five per
cent share of these costs being $35,356.16.
Mr. Herbert advised that archaeological and architectural resource
management investigations and reports in accordance with Federal guide-
lines are now a necessary part of this project; that when the project
was initiated, these guidelines did not have to be met with respect to
environmental reviews; that subsequent to that time, the state started
following Federal guidelines on all of its projects, including this
project; that Amendment No. 5 is needed to address Federal guidelines
for environmental review; and engineering services will require
archaeological and architectural resource menagement investigations and
reports.
419
ACTION:
ACTION:
The City Manager recommended that Council authorize Amendment
No. 5 to the engineering services contract with Mattern & Craig, P. C.,
Consulting Engineers, to prepare archaeological and architectural
resource management investigations and reports for widening and rea-
lignment of Second Street/Gainsboro Road and Wells Avenue, to provide
for an increase of $35,154.26, for a total amount not to exceed
$1,573,201.40, and appropriate $36,911.97 to Account No. 008-052-9547-
9007, $1,757.71 of which is to be transferred from the Streets and
Bridges category of 1988 bonds and $35,154.26, to be reimbursed by the
Virginia Department of Transportation.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30164-72390) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 28.)
Mrs. Bowles moved the adoption of Ordinance No. 30164-72390. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser .... 5.
NAYS: None ...........
(Mayor Taylor and Council Member Fitzpatrick were absent.)
Mrs. Bowles offered the following Resolution:
(#30165-72390) A RESOLUTION approving the City Manager's
issuance of Amendment No. 5 to the City's contract with Mattern &
Craig, Consulting Engineers, for services performed in connection with
the widening and realignment of Second Street/Gainsboro Road and Wells
Avenue.
(For full text of Resolution, see Resolution Book No. 52, page 29.)
Mrs. Bowles moved the adoption of Resolution No. 30165-72390. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser- -5.
NAYS: None ...... O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
420
ACTION:
Mr. Bowers made reference to the development of the former sanc-
tuary of the First Baptist Church located on North Jefferson Street
into an arts center to be known as, "Old First," advising that if a new
highway project is scheduled to go through the area, it would be a good
time to investigate the cost of underground telephone and power lines.
Following discussion, Mr. Bowers moved that the City Manager be
requested to submit a report and recommendation to Council in conjunc-
tion with the realignment of Second Street/Gainsboro Road and Wells
Avenue to provide for the burying of power and telephone lines along
North Jefferson Street in the vicinity of the historic sanctuary of
First Baptist Church. The motion was seconded by Mr. Harvey and
adopted.
WATER DEPARTMENT-SEWERS AND STORM DRAINS: The City Manager sub-
mitted a written report advising that on August 14, 1989, Council
awarded a contract to Branch & Associates, Inc., in the amount of
$828,800.00, and 365 consecutive calendar days, to replace blower
engine No. 7 at the Water Pollution Control Plant with a diesel fueled
blower engine; that Change Order No. I was an administrative change
order to change the variable speed controls on the engine for an addi-
tional sum of $1,500.00, or a total contract sum of $830,300.00; and
the following changes with related charges, or credits, are recommended
by the City Administration:
The existing 20,000 gallon steel fuel tank was
specified to be removed, reworked to comply with
current applicable state and federal regulations.
The tank was located near the plant underground
electric service and also very near the transformer
pad. The contractor recommended that the City
remove and dispose of the old tank and he would
install a new reinforced fiberglass tank that met
today's standards for a credit to the City's
contract of $18,000.00.
New tank location was closer to the plant and
further from the river. The river water came up in
the hole being dug for the tank causing the banks
of the hole to slough off and increase the size of
the hole. In addition, a small 300 gallon fuel
tank was found and removed. This caused additional
excavation, added ballast to replace the unsuitable
material and a larger cover slab above the tank.
This additional work would be $6,600.00.
Total contract change - deduct $11,400.00.
The City Manager recommended that he be authorized to execute
Change Order No. 2, in the amount of $11,400.00 credit, to the contract
and no additional construction days with Branch & Associates, Inc.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#30166-72390) AN ORDINANCE approving the City Manager's issuance
of Change Order No. 2 to the City's contract with Branch & Associates,
Inc., for replacement of blower engine No. 7 with a diesel fuel blower
engine at the Water Pollution Control Plant; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 29.)
Mr. Harvey moved the adoption of Ordinance No. 30166-72390. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ....................... 5.
NAYS: None ........ O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
BUDGET-SEWERS AND STORM DRAINS-INDUSTRIES: The City Manager sub-
mitted a written report advising that public notice of request for pro-
posals for engineering services to design and prepare plans, specifica-
tions and related construction documents for stormwater management
facilities for Statesman Industrial Park was placed in the local news-
paper on Sunday, May 6, 1990; that nine engineering firms responded to
the request for services; and following interview and discussion with
the review selection committee, the firm of Mattern & Craig, P. C.,
Consulting Engineers, was selected as the best qualified to perform the
project design and provide construction documents that would be in the
best interests of the City of Roanoke.
It was further advised that a brief description of services to be
provided by the consulting engineer is as follows:
Analyze the proposed site and establish design
objectives to accommodate the project requirements.
Develop complete plans, specifications and con-
struction documents for construction advertisement
and bidding purposes.
Provide necessary soils and geotechnical investiga-
tions for the design of one detention basin for
stormwater management purposes.
Provide continual inspection, quality control, and
engineering assistance during the various phases of
construction of the project.
421
II
422
ACTION:
ACTION:
It was explained that Mattern & Craig submitted their proposal and
agreement in accordance with the scope of work described above and is
more specifically described in their official agreement which is
attached to the report; and Mattern & Craig agreed to provide the
necessary engineering services as described in the agreement for an
amount not to exceed $310,000.00, which amount is considered reasonable
and is therefore acceptable.
The City Manager recommended that he be authorized to execute an
engineering services contract with Mattern & Craig, P. C., Consulting
Engineers, in the amount of $310,000.00, in a form acceptable to the
City Attorney; and that the Director of Finance be authorized to
transfer $164,000.00 from Public Improvement Bonds - Series 1990,
Account No. 008-052-9700, and $146,000.00 from Capital Improvement
Reserve - Storm Drains, Account No. 008-052-9575-9176, to a new account
to be entitled, "Statesman Industrial Park Storm Drainage Improve-
ments'', to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30167-72390) AN ORDINANCE to amend and reordain certain sections
of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 30.)
Mrs. Bowles moved the adoption of Ordinance No. 30167-72390. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles, and Vice-
Mayor Musser ............................ 5.
NAYS: None ............
(Mayor Taylor and Council Member Fitzpatrick were absent.)
Mrs. Bowles offered the following Resolution:
(#30168-72390) A RESOLUTION authorizing the execution of a
contract with Mattern & Craig, P. C., to provide certain engineering
services, specifically the design, plans, specifications, and related
construction documents for stormwater management facilities for
Statesman Industrial Park.
(For full text of Resolution, see Resolution Book No. 52, page 31.)
Mrs. Bowles moved the adoption of Resolution No. 30168-72390. The
motion was seconded by Mr. Bowers and adopted by the following vote:
423
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser-- 5.
NAYS: None ......
(Mayor Taylor and Council Member Fitzpatrick were absent.)
BUDGET-GRANTS-YOUTH (OFFICE ON YOUTH): The City Manager submitted
a written report advising that the Office on Youth grant was first
officially awarded to the City under the Virginia Delinquency Preven-
tion and Youth Act on June 17, 1980; that the fiscal year 1990-91 grant
application was submitted to the Department of Corrections on May 12,
1990; that the grant will provide for continuation of coordinated
planning and program implementation of the Office on Youth; and the
grant totals $54,431.50, which includes $40,823.62 state funds,
$10,007.68 local cash match, and $3,600.00 local in-kind match.
It was further advised that a local cash match was included in the
fiscal year 1990-91 Community Planning budget, in the amount of
$10,007.88 in Account No. 001-052-8110-9536, and was based upon the
previous years grant; that an in-kind match of $3,600.00 is available
through the use of office space rental in the Office of Con~nunity
Planning; and the local match, cash and/or in-kind, must equal 25 per
cent of the total budget request.
The City Manager pointed out that the grant application has been
approved by the State; that State funding is in the amount of
$40,823.62 or 75 per cent of the total funding request; and Council's
acceptance of the state grant award and appropriation of the local cash
match is required before appropriate City officials may execute the
required documents to receive the State funds.
The City Manager recommended that Council authorize the following
actions:
Acceptance of the Department of Corrections Grant
No. 90-I-15 through execution of the proper form by
the City Manager or his designee.
Appropriate $50,831.50 to accounts to be estab-
lished by the Director of Finance for the program
(75 per cent of total grant budget or $40,823.62
will be refunded by the Department of Corrections.
Authorize the transfer of $10,007.88 from the Com-
munity Planning budget, Account No. 001-052-8110-
9536, to this program as part of the City's cash
match to operate the program for fiscal year
1990-91 to the Grant Fund.
(For full text, see report on file in the City Clerk's Office.)
424
ACTION:
ACTION:
Mr. Harvey offered the following emergency budget Ordinance:
(#30169-72390) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 32.)
Mr. Harvey moved the adoption of Ordinance No. 30169-723g0. The
motion was seconded by Mr. White and adopted by the following vote:
AYES:
Mayor Musser-
Council Members Harvey, White, Bowers, Bowles and Vice-
5.
NAYS: None.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
Mr. Harvey offered the following Resolution:
(#30170-72390) A RESOLUTION authorizing the acceptance of a
Delinquency Prevention and Youth Development Act Grant made to the City
of Roanoke by the Commonweal th of Virginia Department of Corrections
and authorizing the acceptance, execution and filing of the "Special
Conditions" with the Department of Corrections for this grant for the
purpose of continuing coordinated planning and youth services program
implementation by the City's Office on Youth until June 30, lg91.
(For full text of Resolution, see Resolution Book No. 52, page 33.)
Mr. Harvey moved the adoption of Resolution No. 30170-72390. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser-- 5.
NAYS: None ....
(Mayor Taylor and Council Member Fitzpatrick were absent.)
PARKS AND PLAYGROUNDS-LIBRARIES: The City Manager submitted a
written report concurring in a report of a bid committee with regard to
bids for providing custodial services at nine recreation center loca-
tions and library locations.
The bid committee recommended that Council accept the bid of Swan
Services, Inc., to provide custodial services to five library and nine
recreation center locations, for a total cost of $43,894.44; and reject
all other bids received by the City.
(For full text, see reports on file in the City Clerk's Office.)
425
ACTION:
ACTION:
Mrs. Bowles offered the following Resolution:
(~30171-72390) A RESOLUTION accepting the bid of Swan Services,
Inc., for providing custodial services at certain City facilities, upon
certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; and rejecting all other bids made to the City for the
work.
(For full text of Resolution, see Resolution Book No. 52, page 33.)
Mrs. Bowles moved the adoption of Resolution No. 30171-72390. The
mo~ion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser--- - ......5.
NAYS: None ....... .0.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY, INC.: The
City Manager submitted a written report concurring in a report of a bid
committee with regard to demolition of the structure located at 28
Salem Avenue, S. E.
The bid committee recommended that Council accept the bid sub-
mitted by Total Action Against Poverty in the Roanoke Valley to provide
demolition services for the structure located at 28 Salem Avenue,
S. E., in the total amount of $21,292.00; that the City Manager be
authorized to enter into a contractual agreement, in a form approved
by the City Attorney with TAP for the required demolition; and that all
other bids received by the City be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Inasmuch as she serves on the TAP Board of Directors, Mrs. Bowles
inquired of the City Attorney as to whether or not she could vote on
the matter; whereupon, the City Attorney advised that Mrs. Bowles does
not receive a salary as a member of the TAP Board of Directors and
accordingly she does not have a personal interest as defined by the
State and Local Government Conflict of Interests Act; therefore, he was
of the opinion that she could participate in the vote.
Mrs. Bowles offered the following emergency Ordinance:
"AN ORDINANCE accepting the bid of Total Action Against Poverty
(TAP), for demolition of the old A & P Building located at 28 Salem
Avenue, S. E., upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency."
Mrs. Bowles ~ved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and lost by the following vote:
426
ACTION:
ACTION:
AYES: Council Members Harvey, Bowers, Bowles and Vice-Mayor
Musser ........ 4.
NAYS: None .......
(Mayor Taylor and Council Member Fitzpatrick were absent.) (Council
Member White abstained from voting due to a conflict of interest.)
Inasmuch as the measure was prepared as an emergency and emergency
measures require five affirmative votes of the Council for passage, the
City Attorney requested that the Ordinance be revised to become a
Resolution which would not include an emergency clause.
Mr. Bowers moved that the above Ordinance be rescinded. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Harvey, Bowers, Bowles and Vice-Mayor
Musser ............... 4.
NAYS: None ........ O.
(Mayor Taylor and Council Member Fitzpatrick were absent.) (Council
Member White abstained from voting due to a conflict of interest.)
Mrs. Bowles offered the following Resolution:
(#30172-72390) A RESOLUTION accepting the bid of Total Action
Against Poverty (TAP), for demolition of the old A & P Building located
at 28 Salem Avenue, S. E., upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work.
(For full text of Resolution, see Resolution Book No. 52, page 34.)
Mrs. Bowles moved the adoption of Resolution No. 30172-72390. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Harvey, Bowers, Bowles and Vice-Mayor
Musser ............ .4.
NAYS: None ........... O.
(Mayor Taylor and Council Member Fitzpatrick were absent.) (Council
Member White abstained from voting due to a conflict of interest.)
CITY ATTORNEY:
CITY CODE-CIRCUIT COURT-GENERAL DISTRICT COURT: The City Attorney
submitted a written report advising that the Code of Virginia (1950) as
amended, and the Code of the City of Roanoke (1979), as amended,
classify all misdemeanors as Class 1, 2, 3 or 4; that traditionally,
City Code penalties for violations of each class of misdemeanor
have been the same as State Code penalties; that this affords the
Courts the maximum discretion in fixing the appropriate penalty with
respect to a violation; that uniformity also prevents confusion which
427
would exist were the penalties different under City and State Codes;
and uniformity makes it unnecessary for law enforcement officers to
write summonses under the State Code in order to obtain the potential
of heavier penalties.
It was further advised that the 1990 Session of the General
Assembly increased the monetary penalties for Class 1, 2 and 4 mis-
demeanors, effective July 1, 1990; that these penalties have not been
amended since 1975, and action of the 1990 Session of the General
Assembly simply recognized the impact of inflation; and current
penalties under the City Code and State Code are as follows:
Maximum
Mi sdemeanor Penal ti es
Ci..ty Code
Class 1 12 mos. in jail
and/or fine of $1,000.00
Class 2 6 mos. in jail
and/or fine of $500.00
Class 3 Fine of $500.00
Class 4 Fine of $100.00
State Code
12 mos. in jail
and/or fine of $2,500.00
6 mos. in jail
and/or fine of $1,000.00
Fine of $500.00
Fine of $250.00
The City Attorney pointed out that unfortunately, while the
General Assembly increased the maximum monetary penalty for a Class 1
misdemeanor under the State Code from $1,000.00 to $2,500.00, it failed
to repeal or override other provisions of State law establishing a
$1,000.00 cap on monetary penalties for violations of local ordinances;
and under this circumstance, he recommended that the monetary penalties
for Class 2 and 4 misdemeanors only under the City Code be amended to
conform to the State Code penalties; that a measure accompanying the
report amends Section 1-10 of the City Code to increase the maximum
penalties under the City Code for violations of Class 2 and 4 mis-
demeanors to the maximum permitted under the State Code as of July 1,
1990; and new penalties for Class 2 and 4 misdemeanors would be effec-
tive for offenses committed on and after August 1, 1990.
With respect to Class i misdemeanors, Mr. Dibling explained that
the cap will have to remain at 12 months in jail and a fine of
$1,000.00, either or both, for the time being; and in this regard, he
recommended that the City's 1991 Legislative Program request amendment
of the City Charter to increase the maximum monetary penalty for
violations of local ordinances from $1,000.00 to $2,500.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
428
ACTION:
(#30173-72390) AN ORDINANCE amending and reordaining subsections
(al and (b) of §1-10, Classification of and penalty for violations;
continuing violations, Code of the City of Roanoke (1979), as amended,
to conform the penalties for Class 2 and 4 misdemeanors to the maximum
permitted under the Code of Virginia (1950), as amended; and providing
for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 52, page 35.)
Mr. Bowers moved the adoption of Ordinance No. 30173-72390. The
motion was seconded by Mr. Harvey.
Mr. Melvin Huff, 4402 Delray Street, N. W., appeared before
Council in support of passage of the measure, advising that there is a
heavy concentration of people on Williamson Road during the evening
hours and he would hope that fines imposed by the ordinance would deter
those individuals from congregating in the area.
Ordinance No. 30173-72390 was adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ............ 5.
NAYS: None ...................
-0.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
TRAFFIC-CIRCUIT COURT-JAIL: The City Attorney submitted a written
report advising that the 1990 Session of the General Assembly
authorized the governing bodies of the cities, counties and towns to
impose a new assessment as a part of the fees taxed as costs in each
criminal or traffic case in a district or circuit court, in an amount
not in excess of $2.00; that the new provision of the State Code provi-
des that the assessment shall be collected by the Clerk of the Court in
which the action is filed and remitted to the Treasurer of the city,
county or town and held by such Treasurer, subject to disbursements by
the governing body for the construction, renovation or maintenance of
courthouse or jail and court related facilities and to defray increases
in costs of heating, cooling, electricity and ordinary maintenance;
that the assessment is in addition to other fees prescribed by law;
and this legislation expires by its own terms on July 1, 1991,
although it is expected that local governments will seek to have this
sunset clause repealed.
Mr. Dibling further advised that he talked with Patsy Testerman,
Clerk of the Circuit Court for the City of Roanoke, and Ron Albright,
Clerk of the General District Court for the City of Roanoke, in an
effort to determine the revenue that might be generated by a $2.00
assessment on each criminal or traffic case; that the much larger
volume is in the General District Court where Mr. Al bright estimates
that there are approximately 17,000 new criminal cases each year and
28,000 new traffic cases each year; that assuming 60 per cent convic-
tions and that costs are collected in 40 per cent of the criminal cases
and 70 per cent of the traffic cases, approximately $32,000.00 would be
429
generated by a $2.00 assessment in the General District Court; and
according to Ms. Testerman, approximately 3,600 new criminal and traf-
fic cases are processed through the Circuit Court for the City of
Roanoke on an annual basis, with revenue from this volume of cases at
approximately $1,500.00 to $2,000.00,
The City Attorney advised that if Council desires to take advan-
tage of this new revenue source authorized by the General Assembly, a
measure has been prepared which may be adopted; and if it is the
pleasure of Council, he will also include in the 1991 Legislative
Pro§ram a proposal to retain the assessment for courthouse and jail
construction, renovation or maintenance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#30174) AN ORDINANCE providing for an assessment of two dollars
($2.00) to be taxed as costs in each criminal or traffic case in the
Circuit Court for the City of Roanoke, the General District Court for
the City of Roanoke and the Family Court for the City of Roanoke; and
providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 52, page 36.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser-- 5.
NAYS: None-
(Mayor Taylor and Council Member Fitzpatrick were absent.)
Mr. Harvey moved that the City Attorney be requested to include in
the 1991 Legislative Program a proposal to retain the assessment for
courthouse and jail construction, renovation or maintenance as a part
of the fees taxed as costs in each criminal or traffic case in a
General District or Circuit Court, in an amount not in excess of $2.00.
The motion was seconded by Mr. Bowers and adopted.
REPORTS OF COMMITTEES:
MUNICIPAL AUDITOR (AUDIT COMMITTEE): Council Member David A.
Bowers, Chairman of the Audit Comittee, presented the Annual Report of
the Audit Committee, advising that during the year ended June 30, 1990,
the Committee held two regular meetings.
The following is a sun, nary of the Committee's activities during
the year:
m
430
ACTION:
Reviewed and concurred with the annual plan pre-
sented by Peat Marwick.
Reviewed and concurred with the Municipal Auditor's
annual audit plan.
Received the Municipal Auditor's report on bingo
activities and referred an ordinance for proper
revision to City Council.
Reviewed the independent accountant's report with
representatives from Peat Marwick and City offi-
cials.
Reviewed the internal audit reports with the
Municipal Auditor and City officials.
Advised the Council on actions needed to implement
the matters considered at the Committee's meetings.
Furnished a copy of the minutes of each Committee
meeting to City Council and City officials.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. Bowers moved that the Annual Report be received and filed.
The motion was seconded by tlr. Harvey and adopted.
BUDGET-SEWERS AND STORM DRAINS: Council Member William White,
Sr., Chairman of a committee appointed by the Mayor to tabulate bids
received for Hemlock Hills storm drainage improvements from Guernsey
Lane to West Side Boulevard, N. W., presented a written report on
behalf of the committee, recommending that Council authorize the City
Manager to execute a contract with E. C. Pace Company, Inc., in the
amount of $99,915.00; that the Director of Finance be authorized to
transfer $104,915.00 from Public Improvement Bonds - Series 1988, Storm
Drain Account No. 008-052-9603-9176, to a new account to be entitled,
"Hemlock Hills Storm Drain" to be established by the Director of
Finance which will include $99,915.00 contract amount and $5,000.00
project contingency; and that all other bids received by the City be
rejected.
A report of the City Manager concurring in the recommendation of
the committee was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30175-72390) AH ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 36.)
ACTION:
Mr. White moved the adoption of Ordinance No. 30175-72390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser .................... 5.
4 31 ii
NAYS: None ........... O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
Mr. White offered the following emergency Ordinance:
(#30176-72390) AN ORDINANCE accepting the bid of E. C. Pace
Company, Inc., for construction of Hemlock Hills storm drainage impro-
vements from Guernsey Lane, N. W., to West Side Boulevard, N. W., upon
certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 37.)
ACTION: Mr. White moved the adoption of Ordinance No. 30176-72390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
(m
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser .............. . .... 5.
NAYS: None ....... O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 30130-72390 permanently
vacating, discontinuing and closing a certain 20 foot alley running
east and west between Bedford Street and Ashlawn Street, S. W., having
previously been before the Council for its first reading on Monday,
July 9, 1990, read and adopted on its first reading and laid over, was
again before the body, Mr. Bowers offering the following for its second
reading and final adoption:
(#30130-72390) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 17.)
Mr. Bowers moved the adoption of Ordinance No. 30130-72390. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
432
ACTION:
ACTION:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ............... 5.
NAYS: None-- O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
STREETS AND ALLEYS: Ordinance No. 30131-72390 permanently
vacating, discontinuing and closing an alley located south of Lots 6
and 7, Official Tax Nos. 2112406 and 2112407, Block 47, Rogers,
Fairfax and Houston Addition, having previously been before the Council
for its first reading on Monday, July 9, 1990, read and adopted on its
first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#30131-72390) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 17.)
Mrs. Bowles moved the adoption of Ordinance No. 30131-72390. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser- 5.
NAYS: None ................
(Mayor Taylor and Council Member Fitzpatrick were absent.)
STREETS AND ALLEYS: Ordinance No. 30132-72390 permanently
vacating, discontinuing and closing a ten foot alley beginning at the
intersection of the alley and Centre Avenue, running north and south
132.5 feet, and terminating at its intersection with a City alley
running east and west between 24th and 25th Streets, between Centre
Avenue and Shenandoah Avenue, N. W.; and an alley right-of-way running
in a north/south direction along the east side of Lot 20, Official Tax
No. 2310520, between 24th and 25th Streets, N. W., having previously
been before the Council for its first reading on Monday, July 9, 1990,
read and adopted on its first reading and laid over, was again before
the body, Mr. Harvey offering the following for its second reading and
final adoption:
(#30132-72390) AN ORDINANCE permanently vacating, discontinuing
and 'closing certain public right-of-way in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 19.)
Mr. Harvey moved the adoption of Ordinance No. 30132-72390. The
motion was seconded by Mr. Bowers and adopted by the following vote:
ACTION:
ACTION:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser-- 5.
NAYS: None .........
(Mayor Taylor and Council Member Fitzpatrick were absent.)
-0.
ZONING: Ordinance No. 30133-72390 rezoning a tract of land con-
taining 0.1492 acre, more or less, described as Lot 6, Block 6, Map of
Villa Heights, 2410 Hanover Avenue, N. W., Official Tax No. 2320806,
from RM-1, Residential Multi-Family, Low Density District, to RM-2,
Residential Multi-Family, Medium Density District, subject to certain
conditions proffered by the petitioners, having previously been before
the Council for its first reading on Monday, July 9, 1990, read and
adopted on its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adoption:
(#30133-72390) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 232, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 52, page 20.)
Mrs. Bowles moved the adoption of Ordinance No. 30133-72390. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ......... -5.
NAYS: None .........
(Mayor Taylor and Council Member Fitzpatrick were absent.)
ZONING: Ordinance No. 30134-72390 rezoning the eastern portion of
a lot bearing Official Tax No. 4020801 lying between Elm Avenue, South
Jefferson Street, Williamson Road and Highland Avenue, S. E., from LM,
Light Manufacturing District, to C-1, Office District, having pre-
viously been before the Council for its first reading on Monday, July
9, 1990, read and adopted on its first reading and laid over, was again
before the body, Mr. White offering the following for its second
reading and final adoption:
(#30134-72390) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 52, page 21.)
Mr. White moved the adoption of Ordinance No. 30134-72390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
433
434
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Nusser ................. 5.
N~¥S: None .......... O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
SPECIAL PERMITS: Ordinance No. 30152-72390 granting a conditional
permit to Joseph A. Parrish for an existing structure encroaching over
and into the right-of-way of Adams Street, N. W., located adjacent to
3804 Melrose Avenue, N. W., Official Tax No. 2762008, upon certain
terms and conditions, having previously been before the Council for its
first reading on Monday, July 9, 1990, read and adopted on its first
reading and laid over, was again before the body, Mr. White offering
the following for its second reading and final adoption:
(#30152-72390) AN ORDINANCE granting a conditional permit for an
existing structure encroaching over and into the right-of-way of Adams
Street, N. W., located adjacent to 3804 Melrose Avenue, N. W., Official
Tax No. 2762008, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 21.)
Mr. White moved the adoption of Ordinance No. 30152u72390. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ......... 5.
NAYS: None ..................................................... O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
SPECIAL PERMITS-CENTER IN THE SQUARE: Ordinance No. 30153-72390
granting a revocable license for the construction of certain building
appendages encroaching over and into the right-of-way of Campbell
Avenue and Market Square, located at Center In The Square, in order to
construct and maintain decorative glass and steel canopies attached to
the facade of Center In The Square, as more fully described in a report
of the Water Resources Committee under date of July 9, 1990, on file in
the City Clerk's Office, having previously been before the Council for
its first reading on Monday, July g, 1990, read and adopted on its
first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#30153-72390) AN ORDINANCE granting a revocable license for the
construction of certain building appendages encroaching over and into
the right-of-way of Campbell Avenue and Market Square, located at
Center In The Square, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 22.)
435
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No. 30153-72390. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser .............. 5.
NAYS: None--
Oe
(Mayor Taylor and Council Member Fitzpatrick were absent.)
SEWERS AND STORM DRAINS-AMERICAN RED CROSS: Ordinance No. 30154-
72390 authorizing the abandonment of a certain unused sanitary sewer
line located on property owned by the American Red Cross, Roanoke
Valley Chapter, said sanitary sewer being approximately 183 feet in
length, extending in an easterly direction from a manhole located on
the east side of Fourth Street S. W., with a terminus adjacent to the
west side of the existing American Red Cross building, pursuant to a
report of the Water Resources Con~nittee under date of July 9, 1990, on
file in the City Clerk's Office, having previously been before the
Council for its first reading on Monday, July 9, 1990, read and adopted
on its first reading and laid over, was again before tile body, Mr.
Harvey offering the following for its second reading and final adop-
tion:
(#30154-72390) AN ORDINANCE authorizing the abandonment of a cer-
tain unused sanitary sewer line located on property owned by the
American Red Cross, Roanoke Valley Chapter, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 23.)
Mr. Harvey moved the adoption of Ordinance No. 30154-72390. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser .... 5.
NAYS: None-- O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE VICE-MAYOR AND MEMBERS OF
COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:05 p.m., the Vice-Mayor declared the meeting in recess.
At 3:35 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding and all members of the Council in atten-
dance, with the exception of Mayor Taylor and Council Member
Fitzpatrick.
436
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Bowles and Vice-
Mayor Musser ....... 5.
NAYS: None ..... O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY, INC.: Vice-
Mayor Musser presented a written report of a committee composed of
Council Members Howard E. Musser, Elizabeth T. Bowles and David A.
Bowers, which committee was appointed by the Mayor to work with City
and TAP officials with regard to locating a site for the new headquar-
ters facility for Total Action Against Poverty.
Mr. Musser advised that at the first meeting, TAP reviewed its
three alternative locations; viz: the current School Administration
building, the old Stone Printing Company building, and a new building
on the west side of Henry Street; that only two of those alternatives,
the School Administration Building and Henry Street, involve publicly-
owned property; and the City Manager previously informed TAP, in
writing, on May 4, 1990, that he was prepared to recommend either Henry
Street or the School Administration building, under certain conditions.
It was explained that the City Manager's proposal to TAP regarding
Henry Street was subject to the Roanoke Redevelopment and Housing
Authority Board of Commissioners making the property available and
Council's approval of the transfer of the property and appropriation of
funds, said proposal to include the following:
That the City would purchase from the Housing
Authority, at fair market value, the land it
currently owns between Henry Street, Wells Avenue
and the new Second Street corridor. Once obtained,
the City would gift the property to TAP. The
value of the land is estimated at $136,000.00.
That the City would not participate in the
construction of any new commercial retail space,
shell space along Henry Street. Recommend (unless
TAP is prepared to construct the commecial shell
retail space on its own) that a 60 - 75 foot wide
strip of property be reserved in front of Henry
Street so that private commercial development could
be accon~nodated when and if such a demand is forth-
coming in the future.
437
m!
TAP's fundraising effort should include the cost of
acquiring additional land for its new office struc-
ture and/or parking. This will be necessary as
TAP's plans show the use of property for parking
which is currently not owned by the Housing
Authority.
That the City construct sidewalk improvements along
the west side of Henry Street between Wells Avenue
on the north and Centre Avenue on the south. The
cost is estimated to be $166,O00.00.
It was further explained that the City Manager's proposal to TAP
regarding the School Administration buildings, which would be subject
to Council and School Board approval, is as follows:
That all land and buildings except the current
gymnasium building be sold to TAP for $750,000.00.
The gymnasium would be kept under the ownership of
the City and/or School Board and its maintenance
and repair will be the controlling entity's respon-
sibility.
The City would, however, work with TAP to make the
gymnasium available to support TAP's other agency
programs. The gymnasium would remain available for
use by neighborhood organizations and/or other non-
profit agencies after normal working hours.
All asbestos would be removed or encapsulated in
the remaining two buildings prior to TAP taking
possession.
The School Administration would leave all current
wall partitions in place (per remarks by Dick
Kel 1 ey).
The property would be available for TAP's use in
approximately two years or when Jefferson High
School is ready for occupancy by the School
Administration.
It was explained that the City Manager's proposal on Henry Street
would have required that the City make an expenditure of approximately
$302,000.00; that TAP officials asked for a series of additional capi-
tal improvements as a condition of their locating on Henry Street,
which would have required an investment by the City of $2,100,O00.00;
and the committee would not concur in TAP's proposal, given the many
demands the City is currently facing, as well as the unknown expenses
that may result from the Commonwealth of Virginia's need to reduce its
budget.
438
It was further explained that the City Manager shared with the
committee his analysis which showed that the School Administration
building was the least expensive option of the three alternatives that
TAP was considering; that TAP's primary reason for rejecting the low
cost alternative was that the School Administration buildings would not
be available for two years or more while Jefferson High School is being
renovated; and this rejection was despite the fact that it would take
two years or more for TAP to raise the money and construct a new
building on Henry Street; and fundraising must take place to renovate
the Stone Printing building.
The Committee noted that the old Stone Printing building is not
publicly owned; that there are no current plans by the City to purchase
this building; that it is not appropriate for the City to give TAP any
advice on exercising its option on the building; and it was made clear
to TAP officials by the City Manager that there was no objection by the
City to TAP pursuing this (Stone Printing building) or any other alter-
native site that was privately owned.
In closing, on behalf of the Committee, Vice-Mayor Musser advised
that the key point is that at the present time, the City has so many
projects underway, and so many demands on public funds, that it simply
cannot commit to give TAP $2.1 million above and beyond the land and/or
buildings currently under consideration; that TAP is a valuable part of
the community and the City supports its work as evidenced by its long
time financial support by including TAP in the City's General Fund
budget and by giving additional support for such projects as the
Transitional Living Center, however, given the current known situation
and the unknown that may be coming from the State, the Committee recom-
mends that Council, as a whole concur, in its position and authorize
the City Manager to continue discussions with TAP in concert with the
proposals outlined in the report, if TAP is so inclined.
(For full text, see report on file in the City Clerk's Office.)
Mr. E. Cabell Brand, President, Total Action Against Poverty in
the Roanoke Valley, Inc., Board of Directors, appeared before Council
and advised that TAP views the renewal of Henry Street as a crucial
step in the economic and cultural rejuvenation of northwest Roanoke and
is in an excellent position to lead that effort; that TAP already has
made an investment of $600,000.00 in the Henry Street Music Center and
is in the process of raising funds to complete construction of the
Dumas Hotel; and in their search for a new headquarters location, they
have continued to view Henry Street as an ideal solution, benefitting
the City, TAP's programs and clients, and, most importantly, the
severely depressed northwest Roanoke co~nunity.
Mr. Brand explained that an expanded effort on Henry Street by
TAP, in partnership with the City, would generate jobs, minority owned
businesses, affordable housing and pride in that part of the City; and
a vital Henry Street, with cultural and commercial establishments, also
would be an enhancement to the City's plans for a convention and trade
center.
439
Mr. Brand advised that TAP has suggested that Council, with the
consent of the Roanoke Redevelopment and Housing Authority, choose TAP
to be the developer for the Henry Street Project and that:
the City and the Housing Authority make available
all the land between First and Second Streets up
to Wells Avenue for the project;
TAP be given authority to proceed with its plans to
build a two sto~ building behind and above the
first floor commercial area fronting on Henry
Street;
TAP, with the City's help, develop the commercial
area as taxable property;
the City participate with TAP in the effort to
bring in outside resources to complete the project
and, further, make a commitment of $2.1 million;
and
TAP will allocate $900,000.00 to the project and
attempt to bring in an additional $1.5 million in
outside resources and $1 million from local donors.
Mr. Brand further advised that TAP suggests that the City make
street improvements and parking areas for TAP offices and the commer-
cial spaces and that this project be a cooperative venture between TAP,
the City of Roanoke, the northwest community and the business com-
munity,' with current cost estimates as follows:
TAP's current investment
TAP's new investment
Local donors
Outside resources
Loans from banks and developers
City of Roanoke allocation
$ 600,000.00
900,000.00
1,000,000.00
1,500,000.00
1,000,000.00
2,100,000.00
Total $7,100,000.00
It was explained that if Council agrees to this proposal, TAP will
not purchase the Stone Printing building, but will concentrate its
efforts on this plan while remaining in its interim locations; that it
is TAP's view that this would be a good economic investment for the
City in jobs and comnmrcial tax receipts, plus an important neigh-
borhood development plan for northwest Roanoke; that it can be under-
taken concurrently with the new Second Street road project and could
help the commercial development planned around the Hotel Roanoke; and
whether or not TAP's headquarters is located on Henry Street, the Henry
Street Renewal Project should remain a priority for the City of Roanoke
and should not be forgotten, replaced or shelved indefinitely.
440
ACTION:
ACTION:
ACTION:
Hr. Harvey moved that Council concur in the report of the commit-
tee. Tile motion was seconded by l.lr. Bowers and adopted.
RADIO-TELEVISION: The Vice-Mayor referred to a communication from
him as Chairman of the Regional Cable Telev)sion Con~ntttee advising
that the Committee has now received the consultant's report relating to
the proposed renewal of the existing cable television franchise; and
requested that each of the three jurisdictions, Roanoke County, the
Town of Vinton and the City of Roanoke, appoint a liaison for
discussions with the incumbent operator regarding the proposed
franchise renewal.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that Vice-Mayor Musser represent tile City of
Roa~)oke in the discussions. The motion was seconded by Mr. Harvey and
adopted.
At 3:50 p.m., the Vice-Mayor declared the meeting in recess.
At 4:05 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all members of the Council in atten-
dance with the exception of Mayor Taylor and Council Member
Fitzpatrick.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey White, Bowers Bowles and Vice-
Mayor Musser ....... ' ,
-5,
NAYS: None ........
-0,
(Mayor Taylor and Council Member Fitzpatrick were absent.)
CELEBRATIONS: The Vice-Mayor advised that the one year terms of
Ms. Mary E. Kepley, Mr. James C. Butler and Mr. Samuel G. Oakey, Jr.,
as members of the Special Events Committee expired on June 30, 1990,
and called for nominations to fill the vacancies.
Mr. Bowers placed in nomination the names of Ms. Mary E. Kepley,
Mr. James C. Butler and Mr. Samuel G. Oakey, Jr.
There being no further nominations, Ms. Kepley, Mr. Butler and Mr.
Oakey were reelected as members of the Special Events Committee for
terms of one year each, ending June 30, 1991, by the following vote:
44I
ACTION:
ACTIOH:
ACTION:
ACTION:
FOR MS. KEPLEY MR BUTLER AND MR. OAKEY: Council Members Harvey,
White, Bowers, Bowles and Vice-Mayor Musser-
(Mayor Taylor and Council Member Fitzpatrick were absent.)
LIBRARY: The Vice-Mayor advised that the three year terms of Dr.
Leo Platt and Mr. Phillip C. Coulter as members of the Roanoke Public
Library Board expired on June 30, 1990; that Mr. Coulter has declined
to serve another term, and called for nominations to fill the vacan-
cies.
Mr. Bowers placed in nomination the name of Dr. Leo Platt.
There being no further nominations, Dr. Platt was reelected as a
member of the Roanoke Public Library Board for a term of three years
ending June 30, 1993, by the following vote:
FOR DR. PLATT: Council Members Harvey, White, Bowers, Bowles and
Vice-Mayor Musser-
(Mayor Taylor and Council Member Fitzpatrick were absent.)
SCHOOLS: The Vice-Mayor advised that the four year term of Mr.
Malcolm C. Boggs as a member of the Virginia Western Community College
Board expired on June 30, 1990, and called for nominations to fill the
vacancy.
Mr. Bowers placed in nomination the name of Mr. Malcolm C. Boggs.
There being no further nominations, Mr. Boggs was reelected as a
member of the Virginia Western Community College Board for a term of
four years ending June 30, 1994, by the following vote:
FOR MR. BOGGS' Council Members Harvey White Bowers, Bowles and
Vice-Mayor Musser-
(Mayor Taylor and Council Member Fitzpatrick were absent.)
INDUSTRIES: The Vice-Mayor advised that the three year term of
Mr. Alvin L. Nash as a member of the Economic Development Commission
expired on June 30, 1990, and called for nominations to fill the
vacancy.
Mr. Bowers placed in nomination the.name of Mr. Alvin L. Nash.
. There being no further nominations, Mr. Nash was reelected as a
member of the Economic Development Commission for a term of three
years, ending June 30, 1993, by the following vote:
FOR MR. NASH: Council Members Harvey, White Bowers, Bowles and
Vice-Mayor Musser-
(Mayor Taylor and Council Member Fitzpatrick were absent.)
442
ACTION:
ACTION:
ACTION:
ARTS COMMISSION: The Vice-Mayor advised that the three year term
of Ms. Susan J. Cole as a member of the Roanoke Arts Co~mission expired
on June 30, 1990, and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Ms. Susan J. Cole.
There being no further nominations, Ms. Cole was reelected as a
member of the Roanoke Arts Commission for a term of three years, ending
June 30, 1993, by the following vote:
FOR MS. COLE: Council Members Harvey, White, Bowers, Bowles and
Vice-Mayor Musser .......... 5.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
YOUTH (YOUTH SERVICES CITIZEN BOARD): The Vice-Mayor advised that
there is a vacancy on the Youth Services Citizen Board for a term
ending June 30, 1993, and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Mr. Timothy T.
Beatty.
There being no further nominations, Mr. Beatty was elected as a
member of the Youth Services Citizen Board for a term of three years
ending June 30, 1993, by the following vote:
FOR MR. BEATTY: Council Members Harvey, White, Bowers, Bowles and
Vice-Mayor Musser ................... 5.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
SCHOOLS: The Vice-Mayor advised that there is a vacancy on the
Virginia Western Community College Board due to the expiration of the
term of Mr. Thomas L. Robertson for a term ending June 30, 1990, and
called for nominations to fill the vacancy.
Mr. Bowers placed in nomination tile name of Ms. LaVerne B. Dillon.
There being no further nominations, Ms. Dillon was elected as a
member of the Virginia Western Community College Board for a term
ending June 30, 1994, by the following vote:
FOR MS. DILLON: Council Members Harvey, White, Bowers, Bowles and
Vice-Mayor Musser .............. 5.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
443
There being no further business, the Vice-Mayor declared the
meeting adjourned at 4:10 p.m.
ATTEST~'~x~ ~J~~': ~)~J~*-.~i_
City Clerk
APPROVED
V i ce-Mayor
444
SPECIAL MEETING ROANOKE CITY COUNCIL
August 10, 1990
9:15 a.m.
The Council of the City of Roanoke met in special meeting in the City
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Friday, August 10, 1990, at 9:15 a.m., pursuant to
Section 10, Meetings of Council, of the Roanoke City Charter, and pursuant to
communication from the Mayor under date of August 9, 1990, with Mayor Noel C.
Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Howard E. Musser, William White, Sr., and Mayor
Noel C. Taylor .......... 6.
ABSENT: Council Member James G. Harvey, II
.1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Mark A. Williams, Assistant City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor referred to the following communication calling the spe-
cial meeting of Council:
"August 9, 1990
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the
Charter of the City of Roanoke, I am calling a spe-
cial meeting of the Roanoke City Council on Friday,
August 10, 1990, at 9:15 a.m., in the City Council
Chamber, fourth floor of the Municipal Building.
The purpose of the special meeting will be to con-
vene in Executive Session to discuss the following
matter:
445
¢1
ACTION:
ACTION:
A request of the City Manager to discuss spe-
cific legal matters requiring the provision of
legal advice by counsel, being the terms and
conditions of an economic development
contract, pursuant to Section 2.1-344 {A) (7),
Code of Virginia {1950), as amended.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor"
Mrs. Bowles moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss specific legal mat-
ters requiring the provision of legal advice by counsel, being the
terms and conditions of an economic development contract, pursuant to
Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Musser, White
and Mayor Taylor .......... 6.
NAYS: None ...............................
Oo
(Council Member Harvey was absent.)
At 9:25 a.m., the Mayor declared the special meeting in recess.
At 10:45 a.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Harvey.
COUNCIL: Mrs. Bowles moved, with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act and (2) only such public business matters as were iden-
tified in any motion by which any Executive Session was convened were
heard, discussed or considered by City Council. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Musser, White
and Mayor Taylor ............... 6.
NAYS: None ................................ O.
(Council Member Harvey was absent.)
446
There being no further business, the Mayor declared the special
meeting adjourned at 10:47 a.m.
ATTEST:
City Clerk
APPROVED
44-7
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
August 13, 1990
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, August 13, 1990, at 7:30 p.m., the regular
meeting hour, with ~layor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'(1-fTl~, as amended.
PRESENT: Council Members Howard E. Musser, William White, Sr.,
David A. Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., James G.
Harvey, II, and Mayor Noel C. Taylor ..... 7.
ABSENT: None ......
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
William X Parsons, Assistant City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Travis Hairston,
Associate Pastor, High Street Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PUBLIC HEARINGS:
STREETS AND' ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, August 13, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Cardinal
Rubber and Seal, Inc., Ms. Loren D. Bruffey and Ms. Glenda H. Bruffey,
that an alley which lies between Spruce Street and Kindred Street,
S. E., paralleling Brownlee Avenue and Carlisle Avenue, as shown on a
subdivision plat prepared by Jack G. Bess, Certified Land Surveyor,
dated April 30, 1990, be permanently vacated, discontinued and closed,
the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, July 27,
1990, and Friday, August 3, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
448"
ACTION:
A report of the City Planning Commission advising that the alley
portion requested for closure is located in the Riverdale community in
the southeast section of the City; that the alley system, of which the
subject portion is a part, extends from Kindred Street to Spruce
Street, S. E., for a distance of approximately 600 feet, and right-of-
way is 15 feet in width; and the alley is paved with gravel base and
from the current surface condition, it appears to sustain moderate to
heavy use, was before Council.
The Planning Commission recommended that Council approve the
request to vacate and close the alley, subject to the following con-
ditions:
That the applicants agree to record the aforemen-
tioned subdivision plat, as approved by the City,
dedicating thereon an area sufficient in size to
provide for an acceptable alternative alleyway.
That the applicants agree to provide to the City a
bond or other acceptable performance guarantee in
an amount determined by the City Engineer to be
sufficient to install and/or relocate the alter-
native alleyway, sewer line changes, and a new
sewer lateral to serve the community center in
Golden Park. This would include all or any related
costs that might be incurred, such as additional
manholes, line plugs, etc.
That the applicants agree that if the subject sub-
division plat and performance guarantee are not
recorded and provided as stated above within a
period of 12 months from the date of the ordinance
providing for the closure, said ordinance shall
become null and void without any further action by
Council being necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#30177) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter..
(For.full text of Ordinance, see Ordinance Book No. 52, page 60.)
The motion was seconded by Mr. Harvey...
· Mr. Roy V. Creasy, Attorney, appeared before Council in support of
the request of his clients.
449
The Mayor inquired if there were persons present who would like to
address Council with regard to the matter. There being none, Ordinance
No. 30177 was adopted, on its first reading, by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor--- ----7.
NAYS: None-- - ..... O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, August 13, 1990, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Gus E. and
Pauline G. Tomaras that a tract of land containing 0.227 acre, more or
less, located on Oaklawn Avenue, N. W., identified as Official Tax Nos.
2170210 and 2170211, Lots 11 and 12, be rezoned from RS-3, Residential
Single Family District, to RM-1, Residential Multi-Family, Low Density
District, subject to certain conditions proffered by the petitioners,
the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, July 27,
1990, and Friday, August~, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning is to permit the construction of duplexes
on existing vacant lots, was before Council.
The Planning Commission recommended that Council approve the
request to rezone inasmuch as the proposed use would provide a transi-
tion between commercial and single family uses and zoning in the area,
and the following proffered conditions will guarantee quality construc-
tion and preservation of the architectural character of the neigh-
borhood:
The exterior appearance of the proposed duplex
fronting on Oaklawn Avenue, N. W., shall be
constructed to appear single family in character.
The proposed duplex fronting on Oaklawn Avenue,
N. W., shall be constructed of bricks in substan-
tial compliance with the concept plan.
If no building permit has been issued and no
construction con~nenced within three years from the
date of final zoning approval, the rezoning shall
revert to RS-3 without further action by Council.
(For full text, see report on file in the City Clerk's Office.)
450
ACTION:
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(30178) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 217, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 52, page 61.)
The motion was seconded by Mr. Bowers.
Mr. Gus E. Tomaras appeared before Council in support of his
request.
The Mayor inquired if there were persons present who would like to
address Council with regard to the matter. There being none, Ordi-
nance No. 30178 was adopted, on its first reading, by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor .... 7.
NAYS: None ....... O.
SPECIAL PERMITS-TAXES: Pursuant to a report of the City Manager
under date of July 23, 1990, the City Clerk having advertised a public
hearing for Monday, August 13, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the question of adoption of a
resolution pursuant to Section 30-19.04 (A), Code of Virginia (1950),
as amended, regarding a request of Showtimers of Roanoke Valley, Inc.,
for designation of property located at 1431 McVitty Road, S. W., to be
exempted from taxation, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Friday, August 3,
1990.
(See publisher's affidavit on file in the City Clerk's Office.)
The Assistant City Manager submitted a written report on behalf of
the City Manager advising that exemption from local real estate taxa-
tion for non-profit organizations/associations requires General
Assembly action, pursuant to Article X, Section 6(a) (6) of the
Constitution of Virginia; and a Resolution of support or evidence of
refusal of support by the local governing body is required prior to
General Assembly consideration of any such request, pursuant to Section
30-19.04 (A), Code of Virginia (1950), as amended.
451
ACTION:
It was further advised that adoption of the required resolution
can only occur after holding a public hearing in which citizens have an
opportunity to be heard, pursuant to Section 30-19.04 (B), Code of
Virginia (1950), as amended; that a petition requesting Council to
adopt a resolution supporting exemption from taxation of property
located at 1431 McVitty Road, S. W., was filed with Council by
Showtimers of Roanoke Valley, Inc.; and the matter was referred to the
City Manager and the City Attorney for study, report and recommendation
to Council.
The City Manager recommended that Council adopt a resolution of
support as requested by the petitioner, however, to include a provision
that the petitioner will pay an annual service charge equal to five per
cent of the City's real property tax levies which would be otherwise
applicable.
(For full text, see report on file in the City Clerk's Office.)
Mr. David D. Beidler and Mr. Eugene A. Galvin, representing
Showtimers of Roanoke Valley, Inc., appeared before Council in support
of the request.
Mr. Fitzpatrick offered the following Resolution:
(#30179-81390) A RESOLUTION supporting tax exemption of property
owned by Showtimers of Roanoke Valley, Inc., in the City of Roanoke
used by it exclusively for charitable and cultural purposes on a non-
profit basis, and memorializing a certain agreement between Showtimers
of Roanoke Valley, Inc., and this City.
(For full text of Resolution, see Resolution Book No. 52, page 38.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30179-81390.
The motion was seconded by Mrs. Bowles.
The Mayor inquired if there were persons present who would like to
address Council with regard to the matter. There being none, Resolu-
tion No. 30179-81390 was adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ................. 7.
NAYS: None ............. O.
SCHOOLS-BONDS: Pursuant to communication from the Roanoke City
School Board under date of August 2, 1990, the City Clerk having
advertised a public hearing for Monday, August 13, 1990, at 7:30 p.m.,
or as soon thereafter as the matter may be heard, in order to con-
sider an Ordinance approving the issuance by the City of its general
obligation bond or bonds, in an amount not to exceed $1,000,000.00, for
the purpose of financing, in part, the costs of construction, renova-
tion and expansion of school buildings in the City of Roanoke, the
matter was before the body.
452
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Monday, July 23,
1990, and Monday, July 30, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A communication from the Roanoke City School Board advising that
at a meeting on July 9, 1990, Council adopted an ordinance approving
the participation of Roanoke City in the Virginia Public School
Authority bond sale for financing the renovation of Oakland Elementary
School; that after approval of the ordinance, the Virginia Public
School Authority made several technical changes in the bond sale proce-
dures, most notably a change in the bond redemption dates; and the
School Board recommended that Council approve a new ordinance that
reflects changes in the Virginia Public School Authority bond sale pro-
cedures, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Richard L. Kelley, Clerk of the Board and Executive for
Business Affairs, appeared before Council in support of the request of
the School Board.
Mr. Fitzpatrick offered the following emergency Ordinance:
(#30180-81390) AN ORDINANCE authorizing the issuance of not to
exceed $1,000,000.00 General Obligation School Bonds, Series 1990, of
tile City of Roanoke, Virginia, to be sold to the Virginia Public School
Authority and providing for the form and details thereof; repealing
Ordinance No. 30136; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 39.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30180-81390.
The motion was seconded by Mrs. Bowles.
The Mayor inquired if there were persons in attendance who would
like to address Council with regard to the matter. There being none,
Ordinance No. 30180-8139D was adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ....... 7.
NAYS: None .................
Oe
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss personnel
ACTION:
ACTION:
matters relating to vacancies on various authorities, boards, commis-
sions and con~nittees appointed by Council; and to discuss specific
legal matters requiring the provision of legal advice by counsel, being
the terms and conditions of an economic development contract.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (19§0),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Mayor Taylor ............ 6.
NAYS: None ........
-0.
(Vice-Mayor Musser was out of the Council Chamber.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss specific legal matters requiring the provision of
legal advice by counsel, being the terms and conditions of an economic
development contract, pursuant to Section 2.1-344 (A) (7), Code of
Virginia (19§0), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss specific legal mat-
ters requiring the provision of legal advice by counsel, being the
terms and conditions of an economic development contract, pursuant to
Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Mayor Taylor .............. 6.
NAYS: None ........
(Vice-Mayor Musser was out of the Council Chamber.)
453
454
ACTION:
ACTION:
ACTION:
PLANNING-ARCiIITECTURAL REVIEW BOARD: A communication from Ms.
Susan S. Goode tendering her resignation as a member of the City
Planning Commission and the Architectural Review Board, effective
August 15, 1990, inasmuch as she will be moving to Norfolk, Virginia in
late August, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. White and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Mayor Taylor--- 6.
NAYS: None ....
De
(Vice-Mayor Musser was out of the Council Chamber.)
SCHOOLS: A communication from Mr. E. Clabon Edwards tendering his
resignation as a Trustee of the Roanoke City School Board, effective
September 10, 1990, inasmuch as he will serve as an Administrative Law
Judge with the Social Security Administration, Office of Hearings and
Appeals, in Greensboro, North Carolina, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. White and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Mayor Taylor- 6.
NAYS: None ..... O.
(Vice-Mayor Musser was out of the Council Chamber.)
PENDING LIST: A list of items pending from July 10, 1978, through
July 23, 1990, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mrs. Bowles moved that the pending list be received and filed.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Mayor Taylor--- 6.
NAYS: None .... O.
(Vice-Mayor Musser was out of the Council Chamber.)
455 I
ACTION:
ACTION:
ACTION:
LIBRARIES: A report of qualification of Dr. Leo Platt as a member
of the Roanoke Public Library Board for a term of three years, ending
June 30, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. White and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Mayor Taylor--
NAYS: None-- '---
(Vice-Mayor Musser was out of the Council Chamber.)
CITY EMPLOYEES-PERSONNEL (PERSO)INEL AND EMPLOYMENT PRACTICES COM-
MISSION): A report of qualification of Mr. Mel H. Lipton as a member
of the Personnel and Employment Practices Commission for a term of
three years, ending June 30, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. White and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Mayor Taylor-
NAYS: None-
(Vice-Mayor Musser was out of the Council Chamber.)
ROANOKE ARTS COMMISSION: A report of qualification of Ms.
Susan O. Cole as a member of the Roanoke Arts Commission for a term of
three years ending June 30, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. White and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
6.
and Mayor Taylor--
NAYS: None---
(Vice-Mayor Musser was out of the Council Chamber.)
456
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ROANOKE AND BOTETOURT TELEPHONE COMPANY: Mr. John P. Grove,
Attorney, representing Roanoke and Botetourt Telephone Company,
appeared before the body and requested that Council advertise for and
receive bids in connection with a franchise to use the streets and
public ways of the City to construct a fiber-optic telecommunications
system.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the matter be referred to the City
Manager and the City Attorney to conduct the required advertising and
any other action deemed appropriate. The motion was seconded by Mr.
Harvey and unanimously adopted.
At 7:50 p.m., the Mayor relinquished the chair to the Vice-Mayor.
PETITIONS AND COMMUNICATIONS:
INTEGRATION/SEGREGATION/AFFIRMATIVE ACTION-POLICE DEPARTMENT: The
Mayor presented a communication with regard to appointment of a Task
Force for Racial Understanding.
The Mayor advised that there is no need to divide the City into
racial factions as it pursues its ultimate goal; that Roanoke is too
close to establishing its identity as the most liveable City in the
south to be torn apart by any form of racial unrest; and Roanoke is too
close to making the star on Mill Mountain the symbol of what it really
is to shift the gear into reverse and lose the gains already made.
The Mayor recon~ended that a Task Force be appointed by the City
Manager for the express purpose of promoting racial understanding and a
dialogue that seeks to resolve areas of tension, mistrust, and dif-
ficulty; that the committee should be multifaceted in its racial
makeup, and hopefully, its membership will include representatives from
such organizations as the NAACP, the National Conference of Christians
and Jews, Roanoke Valley Together, Chairman of the Roanoke City School
Board or his designee, President of the Minister's Conference, and
other organizations that will make the Task Force representative of the
total community.
(For full text, see communication on file in the City Clerk's Office.)
457
ACTION:
Mr. Robert Gravely, 2119 Melrose Avenue, N. W., appeared before
Council and advised that there is racism within the City work force.
He stated that he works for the Grounds Department of the City and
blacks are overlooked when it comes to promotions, as well as pay
increases. He added that employees at the lower end of the pay scale
are not recognized for their efforts, that blacks are harassed, that
equipment is out of date, that employees are not properly trained in
the use of new equipment purchased by the City, and warranties on new
equipment are not kept current. He commented that there needs to be a
grievance committee established within the Grounds Department.
Mr. Bowers suggested that Mr. Gravely meet with the City Manager
and/or the Assistant City Manager to discuss his concerns.
Mr. Harvey moved that Council concur in the recommendation of the
Mayor. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
At 8:10 p.m., the Mayor resumed the chair.
TRAFFIC-STATE HIGHWAYS: A petition signed by representatives of
Potpourri Restaurant, Harris-Teeter Super Markets, Inc., Yngurt
Express, Firestone Tire Co., N & W Federal Credit Union, Wood's Ace
Home Center, Loretta's Flower Cart, Revco Drug Stores, Peddler Bicycle
Shop, Commercial Credit, Gem Art Jewelry, Sally Cox State Farm
Insurance, Carter and Jones Cleaners, Little Ceasar's Pizza, Great Wall
Chinese Restaurant, Bridles and Bits, Travelhost Travel Agency, Mail
Box Etc. USA, Type-it Print-it, Inc., and Classic Designers in
Southwest Plaza petitioning the City of Roanoke to remove the traffic
sign which prohibits left turns from Grandin Road Extension onto
Mudlick Road in the morning and late afternoon hours, was before
Council.
It was explained that the abovementioned stores do a substantial
amount of business with customers who stop in while commuting to and
from work; that the effect of the traffic sign has been to alter the
commuting patterns of prior customers and they have suffered a signifi-
cant drop in sales after the no left turn sign was installed; that
removal of the sign would not adversely affect traffic safety in the
area; and motorists are still permitted to turn left from Mudlick Road
onto Grandin Road without limitation.
Mr. William Valentine, owner of Printers Ink Book Store, advised
that there are 23 commercial stores located in Southwest Plaza. He
further advised that since the above petition was submitted, the prohi-
bition against left turns between 4:OD p.m., and 6:00 p.m., in the
evening has been removed, but left turns are still prohibited between
the hours of 7:00 a.m. and 9:00 a.m. He stated that his store is open
from 10:00 a.m. until 9:00 p.m.; that he tracked sales between 4:00
p.m. and 6:00 p.m., to see what effect the sign has had on his busi-
ness, and he concluded that after the sign was removed, his sales
during that two hour period increased by 17 per cent. He pointed out
that after reviewing sales, it appears that over a two year period, the
458
effect on his business would be a decrease in sales of two per cent.
He advised that he is opposed to the traffic sign in the morning hours,
the basis of which is that any vehicle or commuter that alters his or
her route because of the change in traffic flow is a potential customer
that could be lost. He submitted that the retail pressures in the
Roanoke Valley are such that any store loosing even a few per centage
points of sale will face great difficulty. For that reason, he
requested that Council remove the existing no left turn sign.
Mr. James M. Ellison, 2030 Knollwood Road, S. W., representing the
Greater Deyerle Neighborhood Association, advised that the reason
the sign came into being was due to mediation hearings in the neigh-
borhood, with the State Highway Department and City officials agreeing
upon the sign as a way to control traffic in anticipation of the Peters
Creek Road extension. He stated that the sign prohibiting left turns
in the afternoon hours was in error and has been removed. He added
that residents do not want the area to become a through route during
the morning rush hours taking people from the City and the County
through their neighborhoods to downtown Roanoke, etc. For that reason,
he requested that Council give consideration to the point of view of
residents of the area, advising that during the early morning hours,
few, if any, businesses in Southwest Plaza are open from 7:00 a.m.
until 9:00 a.m., with the exception of Harris Teeter, and it is hoped
that the sign will remain in place during those hours.
Mr. Will!am L. Wood, representing Wood's Ace Home Center, appeared
before Council and advised that not one of the merchants in Southwest
Plaza was invited to the meetings of the Greater Deyerle Neighborhood
Association when the matter was discussed. He explained that his store
opens at 8:00 a.m., and closes at 6:00 p.m, and during that time his
sales have declined by 18 per cent, and from 4:00 p.m., until 6:00
p.m., sales have declined by 22 per cent which means the difference of
whether he can stay in business because no merchant can afford to lose
approximately 20 per cent of their sales and continue to operate. He
added that if he continues to lose business, he will have no choice but
to relocate.
The Assistant City Manager advised that the City Administration
has intended, throughout the mediation program with the neighborhood
and the Highway Department, to keep a constant watch on the signage
program, and to go back as data has been collected and make adjust-
ments, as necessary, in order to serve the greater good of the neigh-
borhood as well as the commercial interests in Southwest Plaza. He
advised that information has surfaced which needs to be reviewed; that
the Director of Public Works corresponded with Council regarding the
City's attempts to talk with the Merchants Association headed by Mr.
Valentine and take those discussions to a meeting where City officials,
the neighborhood association, and State Highway officials, if
necessary, would continue dialogue about the signage program; and the
administration is still prepared to do so if that is the desire of
Council.
459
m
ACTION:
Following discussion, Mr. Harvey moved that the matter be referred
to the City Manager for the purpose of holding a meeting with the
Greater Deyerle Neighborhood Association and merchants of Southwest
Plaza in order to determine if a compromise can be worked out and
report to Council accordingly. The motion was seconded by Mr. Musser
and adopted.
GRANTS-COMMONWEALTH'S ATTORNEY-VICTIM/WITNESS/JUROR PROGRAM: A
communication from the Commonwealth's Attorney with regard to the
acceptance of a Victim/Witness Assistance Program Grant, was before
Council.
The Commonwealth's Attorney advised that the Victim/Witness
Assistance Program is designed to recognize and address the needs of
victims and witnesses in the Roanoke City Criminal Justice System, and
to continue the commitment for citizen support; that the Roanoke City
Victim/ Witness/Juror Assistance Committee was formed in the fall of
1983 by Judges and Clerks of Circuit Court, General District and
Juvenile Courts, Commonwealth's Attorney, City Sheriff, Chief
Magistrate, Chief of Police, Director of Administration and Public
Safety, and the Roanoke Bar Association; and the Victim/Witness
Assistance Program was developed and utilized volunteers in the court
system to provide services to support the needs of victims and wit-
nesses.
It was further advised that the Committee submitted the program to
the State with a request for full payment funding; that a start-up
grant, No. 85A6252, was issued on July 1, 1984, in the amount of
$16,202.00 for fiscal year 1984-85, subject to proportional annual
local funding to be approved each year; that Council accepted the
start-up grant in September, 1984, and hired a full-time program coor-
dinator in October, 1984; and Council accepted the second year of the
Victim/Witness Assistance Program Grant, No. 86A6292, in September,
1985, and appropriated $2,430.00 for fiscal year 1985-86 as the City's
first year proportional share, subject to terms of the original
agreement, which was 15 per cent of $16,202.00.
It was explained that the Victim/Witness Assistance Program con-
tinues to operate with a full-time coordinator, as well as a full-time
assistant for the Juvenile and Domestic Relations Court; that duties
have expanded and increasingly greater contact has been made with per-
sons in need of program services; that a summary of fiscal year
1984-85, 1985-86, 1986-87, 1987-88, 1988-89 and 1989-90 contacts docu-
ments the service of the program; and the Victim/Witness Assistance
Program is coordinated by the Office of the Commonwealth's Attorney and
the fiscal year 1990-91 budget as approved by Council included a local
cash match grant fund of $20,072.00.
460
ACTION:
ACTION:
ACTION:
The Commonwealth's Attorney recommended that Council authorize the
City Manager to sign and execute all appropriate documents to obtain
Grant No. 90-A7380 AD; and appropriate $35,610.00 in State grant funds
and transfer $20,072.00 in local matching funds from General Fund,
Account No. 001-026-2210-9536, to the Grant Fund to accounts to be
established by the Director of Finance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30181-81390) AN ORDINANCE to amend and reordain certain sections
of the 1990-91 General and Grant Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 42.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30181-81390.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ....... 7.
NAYS: None ..........
Mr. Fitzpatrick offered the following Resolution:
(#30182-81390) A RESOLUTION authorizing the acceptance of Grant
No. 90-A7380 AD made to the City of Roanoke by the State Department of
Criminal Justice Services for a Victim/Witness/Juror Assistance Program
and authorizing the execution and filing by the City Manager of the
conditions of tile grant and other grant documents.
(For full text of Resolution, see Resolution Book No. 52, page 43.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30182-81390.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ....... 7.
NAYS: None .......... O.
A report of the City Manager concurring in the reconm~ndation of
the Commonwealth's Attorney, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the report be received and filed. The
motion was seconded by Mr. Bowers and unanimously adopted.
461
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
Grant No. 6423 -
$325,642.00 for the Alternative
Education Program to provide
instruction and guidance services
to secondary level students who
are at risk of leaving school due
to poor academic achievement, low
or unrealistic self-concept, or a
poor understanding of academic
preparation required to achieve
their career interests. The
program will be funded by Federal
funds and local match.
Grant No. 6424 -
$48,501.00 for the Vocational
Education Teen Mothers Program to
provide vocational instruction to
20 students. The Program will be
reimbursed 100 per cent by
Federal funds.
Grant No. 6588 -
$2,000.00 for the Special
Education Program Evaluation
Program to aid in the evaluation
of the Roanoke City special edu-
cation effort. The Program will
be reimbursed by Federal funds.
Grant No. 6745 -
$122,716.00 for the Adult Basic
Education Program to provide
funds for the education of adults
who have not completed high
school. The Program will be
reimbursed by Federal funds and
matching funds provided by the
City jail and Roanoke City
Schools.
Grant No. 6967 -
$267,374.00 for the Project YES
Program to identify, assess, eva-
luate and provide assistance for
at-risk sixth and ninth grade
students who are potential dro-
pouts. The program will be 100
per cent reimbursed by State
funds.
(For full text, see communication on file in the City Clerk's Office.)
462
ACTION:
ACTION:
A report of the Director of Finance advising that the Vocational
Education Teen Mothers Program, Special Education Program Evaluation
Program, and Project YES are funded with 100 per cent Federal or State
funding; that the Alternative Education Grant and the Adult Basic
Education Grant require local matches, in the amounts of $225,142.00
and $22,600.00, respectively; and funding for the local matches is
available in the Instruction Category of Education in the following
General Fund accounts, was before Council.
Matching Funds 001-060-6001-6400-0588 $135,142.00
Purchased Serv. 001-060-6001-6400-0381 90,000.00
$225,142.00
Matching Funds 001-060-6001-6450-0588 $ 22,600.00
The Director Finance recommended that Council concur in the
request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#30183-81390) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-9i General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 44.)
Mr. Harvey moved the adoption of Ordinance No. 30183-81390. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ....... -7.
NAYS: None ........
At 8:40 p.m., the Mayor declared the meeting in recess.
At 8:55 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Fitzpatrick moved with respect to the Executive
Session just concluded, that each Member of City Council certify to the
best of his or her knowledge that: (1) only public business matters
lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Executive Session was
convened were heard, discussed or considered by City Council. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
463
,!
ACTION:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor-- - ......... 7.
NAYS: None- O.
SPECIAL PERMITS-ARMORY/STADIUM: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that the
Governor's Office, in conjunction with the Virginia Film Office, has
been working with representatives of Walt Disney Pictures for several
months scouting possible locations for a major Disney film entitled,
What About Bob, starring Bill Murray; that after a multi-state search,
Virginia, in particular the Roanoke Valley, was chosen as the principle
location for the film; and outdoor scenes will be shot at Bernard's
Landing and Smith Mountain Lake.
It was further advised that Walt Disney Pictures will need to
build a large, enclosed sound stage and has chosen the National Guard
Armory on Reserve Avenue for said purpose; that at the request of the
City Manager, National Guard and Disney representatives have worked out
an agreement allowing for the use of the Armory, as well as providing
appropriate indemnification and insurance coverage to protect the
interests of the City, and such other provisions as deemed necessary by
the City Manager; that Walt Disney Pictures is contracting with off-
duty Roanoke City Police Officers and emergency medical technicians for
24-hour security and medical service; and Walt Disney Pictures will be
using the National Guard Armory For up to ten weeks, during which time
they will inject $1 - 2 million into the local econonly in terms of
motel rooms, rentals, and use of local services, etc.
The City Manager recommended that Council adopt a resolution con-
curring in a license agreement between the Commonwealth of Virginia,
Virginia National Guard and Walt Disney Pictures for use of the
National Guard Armory for the purpose abovestated.
(Forfull text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30184-81390) A RESOLUTION concurring in a license agreement
between the Commonwealth of Virginia, Vir§inia National Guard and Walt
Disney Pictures for use of the National Guard Armory.
(For full text of Resolution, see Resolution Book No. 52, page 46.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30184-81390.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor--- 7.
NAYS: None--- O.
464
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-HOUSING-PLANNING: The Assistant City Manager submitted a
written report on behalf of the City Manager advising that $220,000.00
from the Virginia Housing Partnership Fund's Single-Family Rehabilita-
tion and Energy Conservation Loan Program and $240,000.00 in Community
Development Block Grant (CDBG) funds were allocated to the Home
Purchase Assistance Program by Council on June 26, 1989, allowing the
City to provide loans to low-moderate income households agreeing to buy
and repair certain identified substandard houses; and the Program is
administered jointly by the City and the Roanoke Redevelopment and
Housing Authority as outlined in the City's contract for services with
the Housing Authority.
It was further advised that the State Department of Housing and
Community Development and Virginia Housing Development Authority (VHDA)
jointly administer the Single Family Rehabilitation and Energy Conser-
vation Loan Program; that VHDA provides loan approval and servicing for
$20,000.00 maximum rehabilitation loan/grants available to qualifying
low-moderate income households at four per cent interest with 15 year
terms that are approved and serviced by VHDA, but loans are packaged
locally by the Housing Authority; that the City provides CDBG loans for
purchase, closing costs and additional property rehabilitation, (beyond
VHDA's $20,000.00 maximum if needed) at four per cent interest with
10 - 15 year terms; that the loans are approved and serviced by the
City; and the Housing Authority oversees rehabilitation repairs to the
properties.
It was explained that the Home Purchase Assistance Program
Selection Committee, which is composed of both the Housing Authority
and City staff, has recommended approval of loan applications for two
low-moderate income households to purchase and rehabilitate homes
through the Program, subject to approval of rehabilitation financing
from the State, as follows:
$19,700.00 State rehabilitation loan and CDBG loan
not to exceed $19,250,00 to Susan J. Bottenfield
and Sharol R. Stoneburner for the purchase
($17,000.00 purchase price, $350.00 attorney's
fees, and $1,600.00 closing costs) and rehabilita-
tion (approximately $300.00 additional rehabilita-
tion) of 1118 Fifteenth Street, S. E., Official Tax
No. 4220905.
465
ACTION:
$20,000.00 State rehabilitation loan and CDBG loan
not to exceed $15,500.00 to Sharon R. Overton for
the purchase ($5,000.00 purchase price, $350.00
attorney's fees, and $1,220.00 closing costs) and
rehabilitation (approximately $8,930.00 in addi-
tional rehabilitation) of 541 Mountain Avenue,
S. W., Official Tax No. 1120B19.
It was further explained that the Virginia Housing Development
Authority has notified the City that the State rehabilitation loans for
the two low-moderate income households have been approved; and
Council's approval to provide loans of CDBG funds is necessary to allow
the purchase and rehabilitation of the two currently substandard vacant
properties.
The City Manager recommended that Council approve a CDBG loan not
to exceed $19,250.00 to Susan J. Bottenfield and Sharol R. Stoneburner
for the purchase and rehabilitation of 1118 Fifteenth Street, S. E.;
and approve a CDBG loan not to exceed $15,500.00 to Sharon R. Overton
for the purchase and rehabilitation of 541 Mountain Avenue, S. W.,
under the Home Purchase Assistance Program; and that he be authorized
to execute the documents, subject to approval by the City Attorney,
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#30185-81390) A RESOLUTION approving the loan of Community
Development Block Grant (CDBG) funds to individuals in connection with
the City's Home Purchase Assistance Program, authorizing the City
Manager to execute documents approved as to form by the City Attorney
necessary to implement and administer the loans, including Construction
Disbursement Agreements, authorizing the City Attorney and Director of
Finance to serve as trustees with regard to the related deeds of trust
securing the notes for each of the loans, authorizing the City Manager
to execute certificates of satisfaction upon full payment and satisfac-
tion of the loans; and authorizing recordation by the City Attorney of
the certificates of satisfaction in the Office of the Clerk of the
Circuit Court for the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 52, page 47.)
Mr. Musser moved the adoption of Resolution No. 30185-81390. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ...... 7.
NAYS: None ....... O.
466
ACTION:
SALE/PURCHASE OF PROPERTY-FIRE DEPARTMENT: The Assistant City
Manager submitted a written report on behalf of the City Manager
advising that on July 23, 1990, the Water Resources Committee was
briefed with regard to a real estate option agreement in connection
with the 460 East Fire Station; that a joint venture with the Town of
Vinton for fire suppression services by contract was being evaluated,
with response time tests being conducted; and the Water Resources
Committee received the City Manager's recommendation as to the selec-
tion of the Mecca Street location, provided evaluation of the Joint
Venture with the Town of Vinton "Response Times" were unacceptable or
other significant concerns arose, and would request authority for the
real estate option to proceed to Council.
It was further advised that the Chairman of the Water Resources
Committee, after being briefed, advised the City Manager to proceed
directly to Council with a recommendation for the Mecca Street site if
response times or other concerns precluded the joint venture with the
Town of Vinton; that the City of Roanoke and the Town of Vinton have
reached a decision determining that it is in both parties long term
best interest for a station to be built and operated by the City; that
Mecca Street property owners signed the option agreement on July 5,
1990; that the availability of a suitable site for the alternative of
constructing a fire station needs to be kept open; that authorization
from Council to execute the real estate options on the Mecca Street
site is needed in order to keep the alternative open; and a signed
option on the proposed fire station site will allow right of entry for
environmental testing and survey of the site.
The City Manager recommended that he be authorized to execute a
real estate option on the Mecca Street site in time to proceed with the
development of a fire station in the 460 East Corridor in the City of
Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#30186-81390) AN ORDINANCE authorizing the execution of an
option for possible acquisition of certain property located on Mecca
Street off Route 460 East, upon certain terms and conditions; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 48.)
Mr. Harvey moved the adoption of Ordinance No. 30186-81390. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor- 7.
NAYS: None ............ O.
467
m
ACTION:
HU~N RESOURCES: The Assistant City Manager submitted a written
report on behalf of the City Manager advising that Chapter 2, Section
2-45, of the Code of the City of Roanoke (1979), as amended, states
that Leave of Absence, not to exceed 12 consecutive months for educa-
tional purposes, can be granted to a City employee upon approval by the
City Manager and Council if the course of study will be of continuous
benefit to the City in the employee's performance; and the employee
granted such leave shall be compensated in an amount not exceeding 50
per cent of the rate of compensation received by the employee at the
commencement of the leave.
It was further advised that the employee shall agree to remain in
the employment of the City for a period of three consecutive years
following termination of the leave, or if employment is terminated, the
employee will reimburse the City for all compensation paid to him or
her during the leave; that only one employee of the City shall be
granted or be on educational leave at any one time, and his or her
duties and responsibilities must be adequately performed by another
person employed by the City; and the Department of Social Services of
the City has an employee who is completing the first year of graduate
work and is requesting a leave of absence for educational purposes.
It was explained that Deborah N. Conner, Social Worker, who has
been employed with the City since October, I986, has completed her
first year class requirements for a Master's Degree in Social Work by
attending Virginia Commonwealth University's part-time program in
Radford, having attended classes since September, 1988; that Ms. Conner
is requesting educational leave beginning August 27, 1990, through May
17, 1991, to complete requirements and obtain a Master's Degree; and
the State Department of Social Services also has a Leave of Absence for
Educational Purposes which will enable the City to claim reimbursement
for 80 per cent of one-half of the salary paid to Ms. Conner.
The City Manager reconm~nded that Council approve a Leave of
Absence for Educational Purposes for Deborah N. Conner, Social Worker,
Department of Human Resources.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following Resolution:
(#30187-81390) A RESOLUTION approving the granting of a leave of
absence for educational purposes to Deborah N. Conner, an employee of
the Department of Human Resources.
(For full text of Resolution, see Resolution Book No. 52, page 48.)
Mr. White moved the adoption of Resolution No. 30187-81390. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
mJ
468
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor-- 7.
NAYS: None ........ O.
TRAFFIC-STATE HIGHWAYS-REFUSE COLLECTION: The Assistant City
Manager submitted a written report on behalf of the City Manager
advising that the Adopt-A-Highway Program was started by the Virginia
Department of Transportation (VDOT) in 1988; that the program allows
citizens to assume the responsibility for keeping sections of state
highways clear of litter; that in return, participants are given cer-
tain safety supplies and signs are posted at the beginning of the
adopted highway sections recognizing the volunteers for their efforts;
that the Transportation Department has encouraged localities to con-
sider establishing a similar program; and the Transportation Department
has furnished its program's guidelines to Roanoke for use as a guide if
the City chooses to develop its own program. -
It was further advised that an Adopt-A-Highway Program proposal
has been developed for the City which includes an Adopt-A-Spot Program
for isolated locations within public rights-of-way, as well as City
parks; and guidelines and related forms associated with Roanoke's
program include the following:
General Adopt-A-Highway Conditions.
Adopt-A-Highway Permit.
Adopt-A-Highway Pickup Report.
Adopt-A-Highway Assumption of the Risk, Release and
Hold Harmless Agreement.
It was explained that materials furnished by the City to par-
ticipants of the program include an orange safety vest, signs
recognizing participants and warning motorists of the work area, trash
bags, and safety tips regarding conduct at the clean-up site; that
costs associated with the items can be paid for from departmental
operating budgets; that the City accepts no liability and holds the
individual or group leader whose name appears on the permit form as
responsible, and shall obtain an "Assumption of the Risk, Release and
Hold Harmless Agreement" for each clean-up participant from its organi-
zation; and each agreement for a minor must be signed by the minor's
legal guardian(s).
(For full text, see report on file in the City Clerk's Office.)
469
ACTXOH:
The City Manager recommended that he be authorized to grant, by
permit, local community organizations, such as civic, social or school
groups, businesses, and individuals 18 years or older permission to
adopt highways and other public areas in accordance with the City's
"Adopt-A-Hi ghway" condi ti OhS.
(For full text, see report on file in the City Clerk's Office.)
~lr. Fitzpatrick offered the following Resolution:
(#30188-81390) A RESOLUTION approving the "Adopt-A-Highway"
Program proposed to be established by the City for the purpose of main-
taining certain public rights-of-way and parks free of litter;
authorizing the City Manager to grant, by permit, local community orga-
nizations, civic, social or school groups, businesses, and individuals
eighteen years or older permission to adopt highways and other public
areas in accordance with the City's "Adopt-A-Highway" conditions.
(For full text of Resolution, see Resolution Book No. 52, page 49.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30188-81390.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor-- 7.
NAYS: None ....
BUDGET-YOUTH-JUVENILE DETENTION HOME: The Assistant City Manager
submitted a written report on behalf of the City Manager advising that
the Virginia Department of Youth and Family Services each year reserves
three per cent of its funds available for Block Grants to localities to
cover any emergencies that may arise during the year; that funds
remaining in the account at the end of the fiscal year are appropriated
by formula to local programs; that the City of Roanoke received funds
from the three per cent reserve that must be encumbered during the
current fiscal year 1990-1991; and the Department of Youth and Family
Services has issued funds to the City to be distributed, as follows:
Crisis Intervention Center (Sanctuary)
Roanoke Family Oriented Group Home
Juvenile Probation Home {Youth Haven I)
Juvenile Detention Home
Juvenile Detention Home -- Outreach
$ 6,418.14
11,292.84
6,387.65
14,922.85
3,907.81
TOTAL
$42,929,29
470
It was further advised that the three per cent reserve apportion-
ments are subject to Department of Youth and Family Services' regula-
tions, which require funds to be expended within existing program
budgets; that funds are to be accounted for in existing local record-
keeping procedures in departmental budgets; and a local match is not
required.
The City Manager recommended that Council appropriate the three
per cent reserve apportionments to Crisis Intervention Center
(Santuary), Juvenile Probation House (Youth Haven I), Juvenile
Detention Home, and Juvenile Detention Home -- Outreach, and increase
corresponding budgets, as follows:
Crisis Intervention Center (Sanctuary)
Transportation and Testing
Account No. 001-054-3360-2010
$ 1,418.14
Household Furnishings
Account No. 001-054-3360-2035
5,000.00
Fami)y Oriented Group Home
Account No. 001-054-3360-3160
11,292.84
Juvenile Probation House (Youth Haven I)
Expended Tools and Equipment
Account No. 001-054-3350-2035
$ 6,387.65
Juvenile Detention Home
Other Equipment (nine dormitory security
doors)
Account No. 001-054-3320-9015
$14,922.85
Juvenile Detention Home -- Outreach
Temporary Employee Wages
Account No. 001-054-3330-1004
$ 3,907.81
TOTAL APPROPRIATIONS
$42,929.29
REVENUE ESTIMATE
Juvenile Facilities Block Grant
Account No. 001-020-1234-0652
$42,929.29
(For full text, see report on file in the City Clerk's Office.)
471
I
'm
m
ACTION:
Mrs. Bowles offered the following emergency budget Ordinance:
(#30189-81390) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providin§ for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, pa§e 49.)
Mrs. Bowles moved the adoption of Ordinance No. 30189-81390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor .......... 7.
NAYS: None-- O.
BUDGET-FIRE DEPARTMENT-EQUIPMENT: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that the
Fire Program Fund was established by the General Assembly, effective
October 4, 1985, pursuant to Section 38.1-44.1, of tile Code of Virginia
(1950), as amended; that the sunset clause requiring expiration of the
fund on July 1, 1990, has now been removed, thus, the City's annual
allotment of State funds will continue indefinitely; and revenue to
support the program is derived from an .8 per cent surcharge on all
fire insurance premiums collected throughout the Commonwealth of
Virginia.
It was further advised that program guidelines require that funds
received are to non-supplanting and must be used in accordance with the
provisions established by the State Department of Fire Programs; and
funds provided by the program may be used for fire service training,
regional fire service training facilities, firefighting equipment and
personal protective clothing.
It was explained that a local cash match is not required; that the
City's allotment of funds, in the amount of $108,409.71, was received
by the City Treasurer on June 30, 1990; and action by Council is
necessary to accept and appropriate said funds.
The City Manager recommended that Council accept funds from the
State Department of Fire Programs and appropriate said funds to expen-
diture accounts for the procurement of materials and equipment for
training and development; and authorize the Director of Finance to
establish revenue estimates and appropriation accounts in the Grants
Program Fund to purchase equipment, in accordance with provisions of
the program, as follows:
Expendable Equipiment - $80,409.71. To purchase
improved protective clothing, hand tools, nozzles,
upgrade self contained breathing apparatus and
other fire suppression equipment.
472
ACTION:
Training and Development - $28,000.00. To purchase
training films, books and manuals to be used in the
department's training program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30190-81390) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 50.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30190-81390.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ......... .-7.
NAYS: None ........... O.
SPECIAL PERMITS-CENTER IN THE SQUARE: The Assistant City Manager
submitted a written report on behalf of the City Manager advising that
Center In The Square has been located at the southwest corner of
Campbell Avenue, S. E., and Market Square for a number of years; that
it is difficult for out-of-town vistors to locate the facility; and
installation of distinctive glass and steel canopies over the sidewalk
on the Center's frontage on Campbell Avenue and Market Square was
authorized by Council, pursuant to Ordinance No. 30153-72390, adopted
on July 23, 1990.
It was further advised that originally Center In The Square
requested that a canopy be permitted over its Church Avenue, S. E.,
frontage also, which, by an oversight, was omitted from the original
report to the Water Resources Con~nittee and to Council; and a
Certificate of Appropriateness for installation of the canopies
included approval of the Church Avenue canopy, which was granted by the
Architectural Review Board on May 11, 1990.
The City Manager recommended that Council authorize appropriate
City officials to execute a revocable permit allowing the encroachment
of decorative glass and steel canopies, attached to the facade of
Center In The Square, over portions of the public sidewalks on Church
Avenue, S. E.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the following Ordinance be placed upon its
first reading:
m
m
ACTION:
473
"AN ORDINANCE granting a revocable license for the construction of
certain building appendages encroaching over and into the right-of-way
of Church Avenue, S. E., located at Center In The Square, upon certain
terms and conditions."
Mr. Fitzpatrick expressed concern over the location of the poles,
which, along with signage, benches and columns, encroach on pedestrian
traffic.
Ms. Paige Feltz, Assistant General Manager, Center In The Square,
appeared before Council and advised that the poles on Church Avenue
will be similar to the poles on the Campbell Avenue side of the faci-
lity.
Following discussion, Mr. Fitzpatrick offered a substitute motion
that action on the matter be deferred until the next regular meeting of
Council on Monday, August 27, 1990, at 2:00 p.m., and that the City
Manager, in conjunction with officials of Center In The Square, be
requested to review the proposed location of the poles as they relate
to pedestrian traffic and report to Council accordingly. The motion
was seconded by Mr. Harvey and adopted.
WATER DEPARTMENT-STATE HIGHWAYS: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that
Route 115 {Plantation Road) Highway Project, No. 0115-080-103, C-501,
is a four-lane roadway widening project identified for Roanoke County
in the State's Six-Year Highway Improvement Program; and the project
extends from 0.3 mile north of Route 11 to Interstate 81 a total
distance of 0.5 mile. '
It was further advised that the City/County Water-Sewer Agreement
of August 13, 1979, pursuant to Ordinance No. 24754, allowed the City
to retain rights to the utility lines that are the subject of the pro-
posed agreement; that construction of the project is tentatively sche-
duled to begin in September lg90; and the City of Roanoke is the owner
of the water lines along Route 115 and it is to the City's benefit to
have the Virginia Department of Transportation's contractor make the
necessary adjustments as the new roadwork is accomplished.
It was explained that the Utility Agreement requested by the
Transportation Department is routine and provides for adjustment of
City water facilities on said project; that adjustment of the facili-
ties has been designed by the Transportation Department with City
review and approval; and cost to make the necessary adjustments is 100
per cent cost to the Transportation Department, with no cost to the
City, except for inspections using current employees.
The City Manager recommended that he be authorized to execute the
City/State Agreement for water facility adjustments on behalf of the
City, subject to approval by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
474
ACTION:
Mr. Musser offered the following Resolution:
(#30191-81390) A RESOLUTION authorizing an agreement between the
City and the Commonwealth of Virginia Department of Transportation for
adjustment of water facilities.
(For full text of Resolution, see Resolution Book No. 52, page 51.)
Mr. Musser moved the adoption of Resolution No. 30191-81390. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ............................... 7.
NAYS: None ............
SEWERS AND STORM DRAINS: The Assistant City Manager submitted a
written report on behalf of the City Manager advising that the property
owner located at 218 Houston Avenue, N. E., notified the Engineering
Department of a large hole and washout at the rear of his property;
that an investigation revealed that a 20 foot deep storm drain manhole
had collapsed, except for one side which was holding back the bank, and
a 30 inch corrugated pipe that outflowed from the manhole down a 40 to
45 per cent slope to Carvins Creek had been completely uncovered,
exposed, and separated.
It was further advised that Council was informed on June 18,
1990, that the City Manager authorized Aaron J. Conner, General
Contractor, Inc., on June 7, 1990, to proceed with making the necessary
repairs, with an estimated cost of $30,000.00 to $35,000.00, which
action was taken in accordance with Section 41 of the City Charter;
that Aaron J. Conner, General Contractor, Inc., completed the repair
work on July 13, 1990, which included installing a new pre-cast
manhole, relaying the existing 30 inch corrugated pipe, covering the
pipe and the eroded area, mulching and seeding, and installing grouted
stone rip rap at the outlet end of the pipe to prevent erosion; and
cost was based on time and materials, plus 15 per cent overhead and
profit, with a cost breakdown as follows:
Labor $ 9,728.24
Rental 17,645.60
Materials 7,131.43
Subtotal $34,505.27
Plus 15% 5,175.79
TOTAL $39,681.06
475
m
ACTION:
ACTION:
The cost exceeds the original estimate due to
hauling of cover material from the Williamson Road
Storm Drain Project and having to use a front end
loader to haul the fill material across the creek
and up the steep slope to cover the pipe and shape
the slopes around the new manhole.
The City Manager recon~nended that Council authorize the establish-
ment of project funding, in the amount of $39,681.06, by transferring
$35,000.00 from Williamson Road Retention Basin Construction, Account
No. 008-052-9622-9065, and $4,681.06 from Williamson Road Storm Drain,
Phase 2, Contract I-E, Account No. 008-052-9634-9065, to an account to
be established by the Director of Finance to be entitled, "Pipe Failure
at 218 Houston Avenue, N. E."
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#30192-81390) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 52.)
Mr. Musser .moved the adoption of Ordinance No. 30192-81390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ......... 7.
NAYS: None ....... O.
Mr. White offered the following Resolution:
(#30193-81390) A RESOLUTION ratifying an emergency purchase of
materials and direct employment of labor for the repair of a storm
drainage system at 218 Houston Avenue, N. E.
(For full text of Resolution, see Resolution Book No. 52, page 52.)
Mr. White moved the adoption of Resolution No. 30193-81390. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ........ 7.
NAYS: None ..........
Oe
476
ACTION:
FIRE DEPARTMENT-HOUSING: The Assistant City Manager submitted a
written report of the City Manager advising that Council adopted the
Downtown East Redevelopment Plan on March 11, 1968; that the Plan was
last revised in June, 1980; and the major objective of tile
Redevelopment Plan is to make the land in the Downtown East Project
area available for redevelopment by private enterprise for use in
accordance with the terms of the Redevelopment Plan.
It was further advised that a contract of sale was made on April
23, 1990, between the Roanoke Redevelopment and Housing Authority and
the Norfolk and Western Railway Company for approximately 65,062 square
feet of real property located in the Downtown East redevelopment area;
that Section 5, Special Provisions of the Contract of Sale, provided
that, "in the event a title examination or an inspection of the pro-
perty discloses title defects...purchasers shall give the Housing
Authority written notice of such defects within 90 days after the date
of contract of sale"; and defects must be removed by the Housing
Authority on or before October 1, 1990, or the purchaser may elect to
refuse the purchase.
It was explained that certain easements were reported by the
Norfolk and Western Railway Company against the property to the Housing
Authority on July 19, 1990; that an emergency telephone call box ease-
ment is for equipment to be attached to the side of a building that no
longer exists and is held by the City of Roanoke; that a formal request
to abandon the emergency call box easement has been received by the
City from the Housing Authority; and the Signals and Alarms Department
has indicated that the easement is no longer required by the City.
The City Manager recommended that he be authorized to execute a
deed of release to abandon the emergency call box easement on Parcel 2
of the Downtown East Redevelopment Plan, subject to approval by the
City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30194) AN ORDINANCE authorizing the execution of a deed of
release releasing the City's interest in a certain emergency telephone
call box easement heretofore granted to the City of Roanoke, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 62.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ........ 7.
NAYS: None .......
0
477
CITY CODE-EMERGENCY SERVICES: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that the
political subdivisions within the Commonwealth are required by the Code
of Virginia, Section 44-146.19(b) to designate a Director of Emergency
Services; and the Director of Emergency Services is authorized to
implement the following:
Declare a "local emergency." Once a local
emergency has been declared, the local government
may enter into contracts and incur obligations
necessary to combat a threatened or actual
disaster, protect the health and safety of persons
and property and provide emergency assistance to
victims of the disaster. Emergency actions may be
initiated without regard to time-consuming proce-
dures and formalities prescribed by law (except
mandatory constitutional requirements) pertaining
to the performance of public work, entering into
contracts, incurring of obligations, employment of
temporary workers, rental of equipment, purchase of
materials and supplies, and expenditure of public
funds provided such funds in excess of appropria-
tions in the current budget, unobligated, are
available.
Appoint a coordinator of Emergency Services activi-
ties with the consent of Council.
It was further advised that the City Code does not currently pro-
vide for the designation of a Director of Emergency Services for the
City; and a 1969 resolution adopted by Council makes the appointment,
but the appointment should be reflected in the City Code.
The City Manager recommended that he be designated as the
Emergency Services Director, in accordance with Section 44-146.19(b),
of the Code of Virginia (1950), as amended, and concur in the appoint-
ment of the Manager of Emergency Services as the Coordinator of
Emergency Services activities for the City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency Ordinance:
(#30195-81390) AN ORDINANCE amending the Code of the City of
Roanoke, 1979, as amended, by enacting new §2-126, Designation of
Director of Emer~enc~ Services, to provide that the City Manager shall
serve as the City's Director of Emergency Services; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 53.)
478
ACTION:
ACTION:
Mr. White moved the adoption of Ordinance No. 30195-81390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ............... 7.
NAYS: None ............... O.
Mr. Fitzpatrick offered the following Resolution:
(#30196-81390) A RESOLUTION concurring in the City Manager's
appointment of the City's Manager of Emergency Services as the City's
Coordinator of Emergency Services Activities.
(For full text of Resolution, see Resolution Book No. 52, page 53.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30196-81390.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor .......... 7.
NAYS: None .............
BUDGET-FLOOD REDUCTION/CONTROL-SALE/PURCHASE OF PROPERTY: The
Assistant City Manager submitted a written report on behalf of the City
Manager advising that previous appropriations have been made by Council
for items relating to appraisals, surveys, bridge design, internal
expenses and land acquisition for the Roanoke River Flood Reduction
Project; that the Local Cooperation Agreement was executed at a cere-
mony at Smith Park on June 25, 1990; and local share for the project
(cash contribution and designated percentage of the construction ele-
ments) is required by the Local Cooperation Agreement to be placed in a
letter of credit to be drawn against by the Corps of Engineers as costs
are incurred.
It was further advised that estimated amounts for letters of cre-
dit are to be provided to the City on an annual basis, to include costs
incurred retroactive to 1985; that a statement of estimated amounts has
been received from the Corps of Engineers, pursuant to communication
under date of June 29, 1990, which states that the Corps needs
$243,000.00 for work already incurred, plus an estimated $103,000.00
for work to be incurred in fiscal year 1991; that the letter is being
amended to require $306,000.00 for work already incurred, plus a
requirement for a letter of credit or immediate payment for $40,000.00
for work to be performed in 1991; and letters of credit cost 0.75 per
cent of the face amount and a $150.00 fee.
479
il
It was explained that funding needs to be in place for the obliga-
tion already incurred, anticipated to be incurred in 1991 and such
other funds as are available for the project in anticipation for fiscal
year 1992 cash match and land acquisition expenses; that the request is
for funding for the current obligation, plus the transfer of available
funding to date toward future obligations; that land acquisition
funding thus far has been in the amount of $250,000.00; that land
acquisition is 100 per cent local responsibility, including cost; that
Corps of Engineers estimate for land acquisition is in the amount of
$10,042,000.00, which includes the value of land already owned by the
City; that it is anticipated that many property owners will donate
land and rights-of-way for the project; and actual cash needed w~ll
hopefully be less than one half of the Corps estimate; and land
acquisition efforts will increase in the near future.
lhe City Manager recommended that Council a~thorize the following
actions:
Transfer $409,350.00 from Capital Improvement
Reserve, Account No. 008-052-9575-9186, Designated
for Roanoke River Flood Reduction Project, to a new
account to be established by the Director of
Finance entitled, Local Cash Share - Roanoke River
Flood Reduction. This action will fund the current
obligation, e.g., those sums designated as "Prior
to Award and FY 91," as well as anticipated for
fiscal year 1992 and the cost of any required
letters of credit.
Transfer $207,674.00 from the Capital Improvement
Reserve, Account No. 008-052-9575-9186, to Account
No. 008-056-9619-9050, Roanoke River Flood Reduc-
tion - Land Acquisition.
Transfer $808,000.00 from General Fund Account No.
001-004-9310-9508, to the Capital Projects Fund,
Account No. 008-056-9619-9050, Roanoke River Flood
Reduction - Land Acquisition. These funds were
included in fiscal year 1990-91 General Fund Budget
Adopted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30197-81390) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 54.)
48O
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 30197-81390.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ........ ~7.
NAYS: None .............
-0.
DIRECTOR OF FINANCE:
BUDGET-DIRECTOR OF FINANCE-AUDITS: The Director of Finance sub-
mitted a written report providing a status of the financial condition
of the City of Roanoke for fiscal year 1990.
Mr. Schlanger advised that pursuant to requirements established in
Ordinance No. 26292, adopted by Council on December 6, 1982, setting up
a reserve for Capital Improvements and Capital Maintenance and Equip-
merit Replacement, the amount designated for fiscal year 1990 is
$2,374,224.00, leaving no undesignated funds at year end; that in order
to have fulfilled the objective pursuant to Ordinance No. 26292, the
sum of $6,954,853.00 would have had to be available before having any
undesignated funds; and this year's Capital Maintenance and Equipment
Replacement Program represents 1.55% of the General Fund budget com-
pared to 3.7% last fiscal year.
The Director of Finance point out that the figures as related
above are unaudited and subject to change and were released to Council
for planning purposes only; and audited figures will be available in
late September at which time a report will be forthcoming so that
Council will be in a position to take whatever actions are deemed
necessary.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Musser and unanimously adopted.
CITY ATTORNEY:
The
CITY CODE-TAXES-LICENSES: The City Attorney submitted a written
report advising that the City Code currently requires residents to pay
personal property taxes before obtaining their motor vehicle decals;
that it has recently become apparent that many persons who are required
to pay personal property taxes and obtain City decals fail to do so
even after being issued a ticket for not having the required decal;
and apparently, some violators believe that the risk of a fine for the
offense is not sufficient incentive to compel them to pay their per-
sonal property taxes and decal fees.
It was further advised that Section 46.2-752, of the Code of
Virginia (1950), as amended, authorizes cities to provide, by
Ordinance, that failure to obtain and display any required motor
vehicle license or the use of a city license after its expiration date
ACTIOn:
is a misdemeanor; that state statute also authorizes the ordinance to
provide that a violation thereof may not be discharged by payment of
the fine unless the violator presents evidence that the required
license has been obtained; and the latter provision would put some
"teeth" in the City's efforts to make sure that all parties comply with
decal licensing and personal property tax requirements.
It was explained that Council's recent decision to institute
proration of personal property taxes provides additional impetus for
this type of action; and the Chief Judge of the General District Court,
the Chief of Police and the Commissioner of Revenue have indicated
their concurrence in an ordinance which is recommended to Council for
adoption.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#30198-81390) AN ORDINANCE to amend and reordain the Code of the
City of Roanoke (1979), as amended, by adding a new §20-33.1, Same -
requirements; obtaining license plate, tag or decal a con-~i-~T~
'precedent]_to discharge 'of violation, to provide that it sh~il be
unlawful to fail to obtain required vehicle license plates, tags or
decals and to provide that the fine for such offense may not be
discharged without proof of compliance with the licensing requirements;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 55.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30198-81390.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ......... 7.
NAYS: None ....... O.
REPORTS OF COMMITTEES:
CIVIC CENTER: Mr. John S. Edwards, Chairman of the Roanoke Civic
Center Commission, submitted a written report on behalf of the
Commission, advising that civic center catering and concessions were
contracted to American Motor Inns, Inc., known as Krisch Hotels, in
August, 1973; that concessions and catering were renewed with American
Motor Inns, Inc., through July, 1980; that during 1980, the City soli-
cited bids for concessions and catering rights from the top catering
and concession firms throughout the country; and bids are based upon
percentage of gross paid to the City.
It was further advised that the City entered into an agreement
with American Motor Inns, Inc., (Krisch Hotels, Inc.) on August 1,
1980, for a term of five consecutive years, which included a provision
for extension for an additional five-year term, upon written agreement
481
482
ACTION:
ACTION:
of both parties; that during 1985, the City and American Motor Inns,
Inc. (Krisch Hotels, Inc.) mutually agreed to extend the contract for
an additional five years; that the current contract with Krisch Hotels,
Inc., expired on August 1, 1990; that the City awarded a consulting
service contract to William Caruso and Associates to assist in the pre-
paration and evaluation of food service bids and subsequent contract
negotiations for the operation of concessions and catering services;
and bid proposals are expected to be ready by October 15, 1990, for
solicitation to the top catering and concession firms in the country.
It was explained that Krisch Hotels, Inc., has mutually agreed to
continue the concessions and catering service at the Civic Center, with
payment under the existing percentage of gross revenue payment schedule
until the bid process is completed; and the City agrees if Krisch
Hotels, Inc., is not the successful bidder, the City will allow 60 days
from official notification for Krisch Hotels, Inc., to vacate the pre-
mi se.
The Civic Center Commission recommended that the City Manager be
authorized to extend the current concessions and catering contract with
Krisch Hotels, Inc., until April 1, 1991, in a form approved by the
City Attorney, with provision to terminate at any time with 60 days
notice upon completion of the bid process.
The City Manager submitted a written report concurring in the
recommendation of the Commission.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#30199) AN ORDINANCE authorizing the extension of the current
concessions and catering contract at the Roanoke Civic Center, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 62.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ................. 7.
NAYS: None .......................................
Mr. Harvey moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
483
ACTION:
SEWERS AND STORM DRAINS: Council Member William White, Sr.,
Chairman of a con~nittee appointed by the Mayor to tabulate bids
received for alterations to No. 3 Aeration and Nos. 3 and 4 Nitrifica-
tion Basins at the Water Pollution Control Plant, presented a written
report on behalf of the Committee, recommending that Council award a
lump sum contract to Acorn Construction, Ltd., in the amount of
$118,900.00 and 120 consecutive calendar days, in accordance with
contract documents as prepared by the Office of the City Engineer; that
funding is available in Sewage - Maintenance, Account No. 003-056-3155-
2048; and reject all other bids received by the City.
The Assistant City Manager submitted a written report on behalf of
the City Manager concurring in the recommendation of the Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency Ordinance:
(#30200-81390) AN ORDINANCE accepting the bid of Acorn
Construction, Ltd., for alterations to No. 3 Aeration and No. 3 and
No. 4 Nitrification Basins at the Water Pollution Control Plant, upon
certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 55.)
Mr. White moved the adoption of Ordinance No. 30200-81390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ........ _ .... 7.
NAYS: None .........
Oe
BUDGET-SEWERS AND STORM DRAINS: Council Member William White,
Sr., Chairman of a bid committee appointed by the Mayor to tabulate
bids received for construction of the Plantation Road - Hollins Road,
N. E. Storm Drain between Tinker Creek and 3172 Plantation Road, pre-
sented a written report on behalf of the Committee, recommending that
Council authorize the City Manager to execute a contract with Dixon
Contracting, Inc., in the amount of $407,517.25, subject to approval by
the City Attorney; that the Director of Finance be authorized to
transfer $427,642.25 from Public Improvement Bonds - Series lg88, Storm
Drain, Account No. 008-052-9603-917§, to a new account to be estab-
lished by the Director of Finance to be entitled, Plantation Road -
Hollins Road, N. E. Storm Drain, to include the contract amount of
$407,517.25, and a project contingency in the amount of $20,125.00; and
reject all other bids received by the City.
484
ACTION:
ACTION:
ACTION:
The Assistant City Manager submitted a written report on behalf of
the City Manager concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30201-81390) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 56.)
Mr. White moved the adoption of Ordinance No. 30201-81390. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ......... 7.
NAYS: None .........
Mr. White offered the following emergency Ordinance:
(#30202-81390) AN ORDINANCE accepting the bid of Dixon Contrac-
ting, Inc., for the Plantation Road - Hollins Road, N. E., storm
drainage improvements, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; rejecting all other bids made to
the City for the work; and providing for an en~rgency.
(For full text of Ordinance, see Ordinance Book No. 52, page 57.)
Mr. White moved the adoption of Ordinance No. 30202-81390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles,' Fitzpatrick,
Harvey and Mayor Taylor ....... 7.
NAYS: None .........
-0.
FIRE DEPARTMENT: Mr. White moved that Council defer action on a
report with regard to alterations and additions to Fire Station No. 4,
3773 Aerial Way Drive, S. W., until the next regular meeting of Council
on Monday, August 27, 1990, at 2:00 p.m. The motion was seconded by
Mr. Fitzpatrick and unanimously adopted.
UTILITIES: Council Member Elizabeth T. Bowles, Chairman of the
Water Resources Committee, presented a written report on behalf of the
committee, with regard to an agreement for underground utility protec-
tion service.
485
ACTION:
A staff report advised that damage to underground infrastructures
could cost thousands of dollars resulting from interruption of service
to consumers, temporary shutdown of business, property damage and per-
sonal injury/death; and City of Roanoke infrastructure that must be
protected consists of the following:
Water transmission mains - 500+ miles
Sewer collection system - 500+ miles
Water services - 33,910
Sewer service laterals - 34,092
Hydrants stub services - 2,580
It was further advised that underground location service, pro-
tecting underground infrastructure facilities, has been provided for
over 15 years by the Utility Line Services Department, in which two
full time employees locate water and sewer facilities daily for the
City; that House Bill 720 enacted by the General Assembly amended the
Virginia Underground Utility Damage Prevention Act to require mandatory
participation in a certified one call notification center as of July 1,
1990; and Council authorized the City to contract with One Number
Information Systems, Inc., pursuant to Ordinance No. 28786, for loca-
tion service on September 14, 1987.
The Water Resources Con~nittee recommended that Council authorize
the City of Roanoke to enter into a membership agreement with Virginia
Underground Utility Protection Service, Inc., effective August 1, 1990;
that the cost to provide service to the City will be approximately
$3,600.00 annually; that funding is available and provided in the
Utility Line Services Operating budget for fiscal year 1990-91; and
the term of contract will be for five years, ending June 30, 1995,
renewable at the end of the term as to be determined.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30203-81390) A RESOLUTION authorizing the execution of a mem-
bership agreement with Virginia Underground Utility Protection Service,
Inc., to provide one call underground utility location service.
(For full text of Resolution, see Resolution Book No. 52, page 58.)
Mrs. Bowles moved the adoption of Resolution No. 30203-81390. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ....... .-7.
NAYS: None ......... O.
486
ACTZON:
INDUSTRIES: Council Member Elizabeth T. Bowles, Chairman of the
Water Resources Committee, presented a written report on behalf of the
Committee, in connection with an extension of the lease on a house and
cabin located on the "Douthat" property in the Roanoke Centre for
Industry and Technology, to A. Wade Douthat, III, on a month-to-month
basis.
A staff report advised that a lease of the house and cabin to
A. )(ade Douthat, III, for a five month term, commencing on April 1,
1990, and ending on August 31, 1990, was authorized by Council, pur-
suant to Ordinance No. 29971-31990, adopted on March 19, 1990; and a
lease extension has been requested by Mr. Douthat due to delays in
renovation of his new home.
The Water Resources Committee recommended that Council extend the
lease of structures in the Roanoke Centre for Industry and Technology,
to A. Wade Douthat, III, on a month-to-month basis, beginning at the
end of the term of the current lease on August 31, 1990, terminable by
30 days written notice by either party, pursuant to the same terms and
conditions as the current lease.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30204) AN ORDINAUCE authorizing an extension of the lease
agreement between the City and A. Wade Douthat, III, of certain pro-
perty located in the Roanoke Centre for Industry and Technology, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 63.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ........ 7.
NAYS: None ......... .O.
SWIMMING POOLS-CITY PROPERTY: Council Member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the Committee, with regard to a lease with Sun Valley Swim
& Slide, Inc., to lease the Sun Valley property.
A staff report advised that the property located on the north bank
of Back Creek at its crossing with Route 116 was purchased by the City
in 1976 for the announced purpose of constructing a dam to provide a
reservoir and water supply; that the land use for the property at the
time of purchase was a yellow stucco house, a swimming pool, concession
487
ACTION:
stand, campground, laundry and other recreational facilities; and the
yellow stucco house was leased to Mr. and Mrs. Jerry L. Routt, com-
mencing on May 1, 1977, with a rate increase from $125.00 per month to
$175.00 per month in 1987.
It was further advised that the swimming pool, campground, con-
cession area and other recreational facilities were leased at a rate of
$137.50 per month to Sun Valley, Inc., on June 29, 1977; that the
lessee subsequently installed a water slide and, with City permission,
demolished an old dilipidated structure that had at one time been used
as an indoor firing range to make room for parking; that the flood of
1985 damaged the Sun Valley property at a resulting expense to the City
and the lessee; and the 1977 lease with Sun Valley, Inc., required
among other items, the following:
lessee maintains the structure and provides potable
water to the yellow stucco house;
lease term was for an initial five-year term con-
tinuing year-to-year thereafter unless either party
gave 60 days notice to terminate; and
lessee to indemnify and hold the City harmless
against claims.
The Water Resources Committee recommended that Council approve a
lease with Sun Valley Swim & Slide, Inc., under the same terms as the
1979 lease for the Sun Valley property, precluding the operations of a
water slide, for those activities of swimming, campground operations,
concession stand and such other recreational activities as may from
time to time be agreed to by the City Manager upon insuring that the
proper insurance coverage is provided and including the monthly rental
rate and liability insurance coverage.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30205) AN ORDINANCE authorizing the proper City officials to
enter into a certain lease agreement with Sun Valley Swim & Slide,
Inc., for the Sun Valley Swim Club and Campground property, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 63.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
488
ACTION:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ..... 7.
NAYS: None ...............
SALE/PURCHASE OF PROPERTY-AIRPORT-CITY PROPERTY: Council Member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the Committee, in connection with
the transfer of ownership of a City-owned parcel of land, identified as
Official Tax No. 2141412, Oakland Boulevard, N. W., to the Roanoke
Regional Airport Commission.
A staff report advised that property was acquired as surplus
right-of-way when 1-581 was built; that FAA Middle Marker, R/W 15-35
was placed on the parcel several years ago; that airport personnel have
maintained the site since that time; that an offer to transfer owner-
ship of the parcel which is surplus to the City's needs to the Regional
Airport Commission was made by the City Manager, pursuant to com-
munication under date April 24, 1990; and an agreement to accept the
offer of property was received from Ms, Oacqueline L. Shuck, Airport
Executive Director, by communication under date of June 13, 1990.
The Water Resources Committee recommended that Council authorize
the transfer of ownership of a City-owned parcel of land, identified as
Official Tax No. 2141412, to the Roanoke Regional Airport Commission.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30206) AN ORDINANCE providing for the conveyance of a certain
surplus parcel of City property bearing Official Tax No. 2141412 to the
Roanoke Regional Airport Commission, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 64.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ....... .-7.
NAYS: None ..........
-0.
CITY PROPERTY: Council Member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the Committee, with regard to execution of a one year extension of
the City's lease of property located at 124 Kirk Avenue, S. W., from
James L. Trinkle, C. W. Francis & Son, Realtors.
489
ACTION:
A staff report advised that the lease of 124 Kirk Avenue, S. W,,
from James L. Trinkle for a two year term beginning on December 1,
1988, and ending on November 30, 1990, was authorized by Council, pur-
suant to Ordinance No. 29372, adopted on November 21, 1988; that new
quarters for Water Department, Fire Department and Police Training per-
sonnel will not be available before the end of the initial lease period
on November 30, 1990; that an extension of the lease requested by the
City Administration has been agreed to by Mr. Trinkle; and the terms
are those in the original lease agreement under date of December 1,
1988, with the following additions:
additional one year term beginning December 1,
1990, and ending on November 30, 1991;
annual rent, payable monthly to be increased by
five per cent during the additional one year term
from $2,072.22 per month to $2,175.83 per month;
city responsible for all replacement, repairs, and
maintenance of mechanical, plumbing, electrical,
HVAC and such equipment to keep them in good
operating condition, but, not required to do
anything that would increase the value of the pro-
perty; and
lessor will continue to furnish four parking spaces
to the City at a charge of $40.00 per space per
month, up from no charge during the first lease
term.
The Water Resources Committee recommended that Council authorize
the appropriate City officials to execute a lease extension agreement
for a one year period for property located at 124 Kirk Avenue, S. W.,
from James L. Trinkle, C. W. Francis & Son, Realtors, upon certain
terms and conditions, with the lease extension agreement to be subject
to approval by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30207) AN ORDINANCE authorizing an extension of the lease
agreement between the City and James L. Trinkle of the premises at 124
Kirk Avenue, S. W., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 64.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
49O
ACTION:
ACTION:
AYES: Council Members Musser, White, Bowles, Fitzpatrick, Harvey
and Mayor Taylor .......... 6.
NAYS: None ........
(Council Member Bowers abstained from voting.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
VIRGINIA MUNICIPAL LEAGUE-COUNCIL: Mr. Fitzpatrick offered the
following Resolution designating Mayor Noel C. Taylor and Vice-Mayor
Howard E. Musser, respectively, as Voting Delegate and Alternate Voting
Delegate for the Annual Business Session of the Virginia Municipal
League and any meetings of the Urban Section of the League to be held
in Williamsburg, Virginia, on September 9, 1990:
(#30208-81390) A RESOLUTION designating a Voting Delegate and
Alternate Voting Delegate for the Annual Business Session of the
Virginia Municipal League and for any meetings of the Urban Section of
the League.
(For full text of Resolution, see Resolution Book No. 52, page 58.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30208-81390.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ....... 7.
NAYS: None .......
-0.
COUNCIL: The Mayor presented a communication advising that
inasmuch as the Annual Meeting of the Virginia Municipal League will be
held on September 9 - 11, 1990, in Williamsburg, Virginia, he would
like to propose that the regular meeting of the Roanoke City Council
which is scheduled to be held on Monday, September 10, 1990, at 7:30
p.m., be cancelled and rescheduled for Monday, September 17, 1990, at
7:30 p.m.; whereupon, Mr. Bowers offered the following Resolution:
(#30209-81390) A RESOLUTION cancelling the meeting of the Council
of the City of Roanoke scheduled for Monday, September 10, 1990, at
7:30 p.m., and rescheduling said meeting for Monday, September 17,
1990, at 7:30 p.m.
(For full text of Resolution, see Resolution Book No. 52, page 59.)
Mr. Bowers moved the adoption of Resolution No. 30209-81390. The
motion was seconded by Mr. Harvey and adopted by the following vote:
491.
II
II
ACT ION:
ACT[ON:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ........ 7.
NAYS: None--
Om
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND HEMBERS OF COUNCIL:
SCHOOLS: Vice-Mayor Musser advised that it has been brought to
his attention that there may be a problem with regard to the use of
beepers in the City schools and inquired about action which was taken
by the General Assembly during the 1990 Session to deal with the
matter.
The Assistant City Attorney advised that the General Assembly
amended State Code Section 18.2-322.1 to provide that school officials
may prohibit the use of beepers and other portable con~nunication devi-
ces in schools by persons other than school officials and other persons
on official school business. He stated that the Code amendment also
provides that it shall be unlawful to possess a beeper or other com-
munication device on school property after being denied use of said
device. He added that it would be in order, if the School Board so
desired, to adopt a policy prohibiting the use of beepers in the City
schools.
Mr. Musser requested that Council be provided with information by
the Roanoke City School Board with regard to policy of the Board prohi-
biting the use of beepers or other portable communication devices in
schools by persons other than school officials or others on school
business. The motion was seconded by Mr. Harvey and adopted.
Mr. White called attention to the resignation of Mr. E. Clabon
Edwards as a member of the Roanoke City School Board, effective
September 10, lggO, and moved that Council take appropriate action to
fill the vacancy. The motion was seconded by Mr. Bowers and adopted.
The Assistant City Attorney advised that prior to filling the
vacancy, a public hearing must be held seven days before the appoint-
ment and notice of the public hearing must be advertised no less than
ten days prior to the public hearing. He stated that Council is not
required to receive applications when a member of the School Board has
resigned before completion of his or her term; however, the names of
all individuals to be considered must be brought forth during the
public hearing.
It was the concensus of Council that the public hearing will be
held on Monday, August 27, 1990, at 2:00 p.m., or as soon thereafter as
the matter may be heard, and the election to fill the vacancy will be
held on Monday, September 17, 1990, at 7:30 p.m., or as soon thereafter
as the matter may be heard by the Council.
492
ACTION:
ACTION:
ACTION:
OTHER HEARINGS OF CITIZENS: NONE.
At 10:10 p.m., the Mayor declared the meeting in recess.
At 10:25 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ....... _ .... 7.
NAYS: None ........
Oe
PARKS AND PLAYGROUNDS (MILL MOUNTAIN DEVELOPMENT COMMITTEE): The
Mayor advised that the one year term of Mr. Carl H. Kopitzke as a
member of the Mill Mountain Development Committee expired on June 30,
1990, and called for nominations to fill the vacancy.
Mrs. Bowles placed i, nomination the name of Mr. Carl H. Kopitzke.
There being no further nominations, Mr. Kopitzke was reelected as
a member of the Mill Mountain Development Committee for a term ending
June 20, 1991, by the following vote:
MR, KOPITZKE: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick, Harvey and Mayor Taylor ......... 7.
CITIZENS' SERVICES COMMITTEE: The Mayor advised that the one year
term of The Reverend Frank W. Feather as a member of the Citizens'
Services Committee expired on June 30, 1990, and called for nominations
to fill the vacancy.
Mr. Bowers placed in nomination the name of The Reverend Frank W.
Feather.
There being no further nominations, Reverend Feather was reelected
as a member of the Citizens' Services Committee for a term ending
June 30, 1991, by the following vote:
FOR REVEREND FEATHER: Council Members Musser, White, Bowers,
Bowles, Fitzpatrick, Harvey and Mayor Taylor ........ .-7.
493
ATTEST:
There being no further business, the Mayor declared the meeting
adjourned at 10:30 p.m.
City Clerk
APPROVED
494
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
August 27, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, August 27, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
~, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
t~j, as amended.
PRESENT: Council Members William White, Sr., David A. Bowers,
Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, and
Vice-Mayor Howard E. Musser ..................... 6.
ABSENT: Mayor Noel C. Taylor ............ -1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend A. Roger Griffith,
Pastor, Word of Life Center Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by the Vice-Mayor.
BID OPENINGS:
STREETS AND ALLEYS: Pursuant to notice of advertisement for bids
for realignment and reconstruction of Thirlane Road, N. W., from Peters
Creek Road for approximately 1.6 miles, said bids to be received by the
City Clerk until 1:30 p.m., on Monday, August 27, 1990, and to be held,
opened and read before the Council at 2:00 p.m., on that date, or as
soon thereafter as the matter may be heard, the Vice-Mayor asked if
anyone had any questions with regard to the bids, whereupon, the City
Manager advised that an addendum which was mailed on August 22 and 23,
1990, did not provide sufficient time for out of state bidders to
respond, and requested that Council authorize the project to be read-
vertised for bids.
ACTION:
Mr. Bowers moved that the bids which were submitted prior to the
deadline be returned to the bidders, unopened, with the understanding
that the project will be readvertised and bids will be opened before
the Council at a regular meeting to be held on Monday, September 17,
1990, at 7:30 p.m. The motion was seconded by Mr. Fitzpatrick and
adopted.
495
m
m
PUBLIC HEARINGS:
SCHOOLS: Pursuant to Chapter 9, Education, Section 9-20.1, Public
Hearing before appointment of School Board Members, of the Code ~
City of Roanoke (1979), as amended; and also pursuant to motion of the
Council adopted on Monday, August 13, 1990, the City Clerk having
advertised a public hearing for Monday, August 27, 1990, at 2:00 p.m.,
or as soon thereafter as the matter may be heard, to receive the views
of citizens regarding a vacancy on the Roanoke City School Board,
created by the resignation of Mr. E. Clabon Edwards for a term com-
mencing on September 10, 1990, and ending on June 30, 1993, the matter
was before the body.
Advertisement of the public hearing was published in the morning
edition of the Roanoke Times & World-News, on Thursday, August 16,
1990.
ISee publisher's affidavit on file in the City Clerk's Office.)
The Vice-Mayor advised that according to advice rendered by the
Assistant City Attorney, Council must place in nomination prior to
conclusion of the public hearing the names of all individuals to be
considered for the upcoming vacancy. He explained that citizens would
be accorded the opportunity to speak with regard to any citizen they
would like to endorse for appointment and following their input,
Council would have the opportunity to place names in nomination to be
considered for appointment to the School Board on Monday, September 17,
1990, at 2:00 p.m., or as soon thereafter as the matter may be heard.
Ms. Frankie M. Fowler, Route 1, Box 126, Thaxton, Virginia,
appeared before Council in support of the appointment of Mr. Delvis O.
McCadden. She stated that she has known Mr. McCadden for several
years; that he is highly respected by his fellow workers and friends;
and he has a direct concern for children in the Roanoke City School
system because his children attend the Roanoke City Public Schools.
She noted that Mr. McCadden works with William Fleming High School and
Westside Elementary School and offers volunteer service at Lincoln
Terrace Elementary School. She called attention to his involvement
with children in his neighborhood, and stated that he should receive
appointment to the Board because of his direct involvement with and
concern for the children and youth of Roanoke City.
Dr. Hathanial Anderson, Route 1, Box 954, Blue Ridge, Virginia,
appeared before Council in support of the appointment of Mr. Charles W.
Day. He stated that he has known Mr. Day for more than 30 years, two
years of which he served as coach at Central High School in Amherst,
Virginia. He referred to Mr. Day as a stalwart individual who gets
along well with students, advising that he is a man of concrete
judgment and he is able to make positive decisions. He also referred
to him as honorable, receptive and a strong individual who has done
outstanding work in and out of Roanoke and the neighboring counties.
Mr. Ralph Smith, Route 2, Box 21, Daleville, Virginia, appeared
before Council in support of Mr. Charles W. Day, and advised that Mr.
Day had a great influence on his life. He stated that Mr. Day will be
able to make firm as well as fair decisions, and asked that he be given
every consideration for the position he seeks.
496
Mr. C. Eugene Swartz, 243 Park Crest Road, S. W., appeared before
Council in support of the appointment of Mr. Delvis O. McCadden,
advising that he deserves Council's consideration based on the fact
that he has three facets to his life that will serve well on the School
Board. Ne stated that he has been involved with the public school
system from the standpoint of teaching, but also through his family
life inasmuch as his mother was a teacher. Secondly, he stated that
Mr. McCadden is interested in the community by virtue of his involve-
ment with so many children, particularly at Lincoln Terrace Elementary
School as well as other civic type activities. Thirdly, he called
attention to his sense of business, which would serve him well as a
member of the School Board where he would be responsible for making
policy decisions involving education as well as the business end of
education.
Mr. Mickey Johnson, 1722 Memorial Avenue, S. W., appeared before
Council in support of Mr. McCadden, advising that he has been impressed
with Mr. McCadden's commitment and dedication to the betterment of
youth through his involvement with youth service programs. He stated
that he is in tune with the needs of the youth of the Roanoke Valley;
and he has been and continues to be a role model for the youth of today
through the example he sets with his involvement in four parent/teacher
associations, as a member of the Juvenile Diabetes Advisory Committee
and a member of the Inner City Youth Athletic Association.
There being no other persons who wished to be heard, the Vice-
Mayor opened the floor for nominations for appointment to the Roanoke
City School Board to fill the unexpired term of Mr. E. Clabon Edwards,
resigned, commencing on September 10 1990, and ending on June 30,
1993. '
Mr. White placed in nomination the name of Mr. Charles W. Day.
Mr. Fitzpatrick placed in nomination the name of Mr. Delvis O.
McCadden.
ACTION:
Mrs. Bowles moved that the nominations be closed. The motion was
seconded by Mr. Harvey and adopted.
The Vice-Mayor inquired if there were other persons present who
would like to address Council with regard to the nominees under con-
sideration or any other individuals.
There being none, the Vice-Mayor declared the public hearing
closed.
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions to discuss a
497
ACTION:
ACTION:
matter regarding disposition of an interest in publicly held property
by the Roanoke Redevelopment and Housing Authority and specific legal
matters requiring the provision of legal advice by counsel, being the
terms and conditions of an economic development contract relating to
such disposition; and to discuss specific legal matters requiring the
provision of legal advice by counsel, being the terms and conditions of
an economic development contract.
MINUTES: Minutes of the regular meetings of Council held on
Monday, April 2, 1990; Monday, April 9, 1990; Monday, April 16, 1990;
and Monday, April 23, 1990; and the special meetings of Council held on
Thursday, April 12, 1990, and Monday, April 23, 1990, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that the reading of the minutes be dispensed
with and that the minutes be approved as recorded. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser .... 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
COUNCIL: A report of the Assistant City Manager requesting an
Executive Session to discuss a matter with regard to disposition of an
interest in publicly held property by the Roanoke Redevelopment and
Housing Authority and specific legal matters requiring the provision of
legal advice by counsel, being the terms and conditions of an economic
development contract relating to such disposition, pursuant to Section
2.1-344 (Al (3) and Section 2.1-344 (Al (7), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the
Assistant City Manager to convene in Executive Session to discuss a
matter with regard to disposition of an interest in publicly held pro-
perty by the Roanoke Redevelopment and Housing Authority and specific
legal matters requiring the provision of legal advice by counsel, being
the terms and conditions of an economic development contract relating
to such disposition, pursuant to Section 2.1-344 (Al (3) and Section
2.1-344 (Al (7), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ........... 6.
NAYS: None .......... O.
(Mayor Taylor was absent.)
498
ACTION:
ACTION:
ACT ION:
COUNCIL: A report of the Assistant City Manager requesting an
Executive Session to discuss specific legal matters requiring the pro-
vision of legal advice by counsel, being the terms and conditions of an
economic development contract, pursuant to Section 2.1-344 (Al (7),
Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the
Assistant City Manager to convene in Executive Session to discuss spe-
cific legal matters requiring the provision of legal advice by counsel,
being the terms and conditions of an economic development contract,
pursuant to Section 2.1-344 (Al (7), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ....... 6.
NAYS: None--- .0.
(Mayor Taylor was absent.)
HOUSING: A report of qualification of Mr. Wallace I. Allen as a
member of the Roanoke Redevelopment and Housing Authority to fill the
unexpired term of Mr. Percy T. Keeling, Sr., deceased, ending
August 31, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ......... .6.
NAYS: None ......... -0.
(Mayor Taylor was absent.)
ECONOMIC DEVELOPMENT COMMISSION: A report of qualification of Mr.
Robert C. Lawson, Jr., as a member of the Economic Development
Commission for a term of three years ending June 30, 1993, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
499
ACTION:
ACTION:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser .................. 6.
NAYS: None--- O.
(Mayor Taylor was absent.)
SCHOOLS (VIRGINIA WESTERN COMMUNITY COLLEGE): A report of quali-
fication of Ms. LaVerne B. Dillon and Mr. Malcolm C. Boggs as members
of the Virginia Western Community College Board for terms ending
June 30, 1994, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser .......... 6.
NAYS: None--- O.
(Mayor Taylor was absent.
PERSONNEL (PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION): A
report of qualification of Ms. Judy D. Jackson as a member of the
Personnel and Employment Practices Commission for a term of three years
ending June 30, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ..... 6.
NAYS: None .......... O.
(Mayor Taylor was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY):
Mr. Bob Lynn, Member, Mental Health Services of the Roanoke Valley
Board of Directors, appeared before Council and expressed appreciation
for the support of the City during the past 20 years. He advised that
the many citizens in the Roanoke community who suffer from mental
illness, who are afflicted with mental retardation, or who are chemi-
cally dependent and seeking treatment are all very much in need of the
500
ACTION:
ACTION:
services provided by Mental Health Services, and Council's support and
commitment to these people assures that they will get help. Most par-
ticularly, he expressed appreciation for the $306,588.00 that was
appropriated to Mental Health Services for fiscal year 1990-91 which
represents a significant increase over the funding level that was pro-
vided in 1989-90.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the statement be received and filed.
The motion was seconded by Mr. Harvey and adopted.
DOWNTOWN ROANOKE, INC.: Mr. F. Edward Harris, President, Downtown
Roanoke, Incorporated, appeared before Council and presented a progress
report on Downtown Roanoke for the past year. He advised that a great
deal has been accomplished in downtown Roanoke and it is on the verge
of accomplishing even more. Ne stated that it would be difficult to
find any other city of Roanoke's size in the country with as much going
on in its downtown area and referred to the Dominion Tower, the Norfolk
Southern Building, the new parking garage, the Henry Street Project,
Center In The Square expansion which was recently completed, Jefferson
High School renovation, talk of downtown housing, Hotel Roanoke with
Virginia Tech's involvement, the Convention/Trade Center, the Market
Place Center, and talk of consolidation between Roanoke City and
Roanoke County.
Mr. Harris enumerated the following 1991 goals of Downtown
Roanoke, Incorporated; viz: (1) to initiate housing in downtown
Roanoke in the way of new construction as well as adaptive reuse pro-
jects; (2) to seriously evaluate a proposed tax increment financing as
a tool for long term development assistance in the perimeter areas of
downtown; (3) to assist the City and Virginia Tech in efforts to reopen
the Hotel Roanoke with the adjoining Conference Center and Trade and
Convention Center; (4) to attract even greater numbers of tourists and
visitors to the downtown area; and (5) to expand already aggressive
business recruitment efforts, thereby attracting more jobs, more
investment and an expanded tax base for the downtown area.
Mr. Harris presented each member of Council with a copy of the
downtown Roanoke Work Plan for 1991.
Mr. Bowers moved that the remarks be received and filed with
appreciation. The motion was seconded by Mr. Fitzpatrick and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-COUNCIL-CITY EMPLOYEES: A communication from Council Member
David A. Bowers proposing that certain actions be taken to prepare for
a possible deficit in funding from the Commonwealth of Virginia, was
before the body.
Mr. Bowers advised that for weeks, the City has witnessed the
media's stories of the nation's profligate "borrow and spend" practices
leading to financial upheavals in the once strong savings and loan
industry, trillion dollar Reagan national debt, threats of inflation
and/or recession, and now a once unheard of possible debt deficit for
the Con~nonwealth, which amounts to over $1 billion; and the Director of
501
Finance has been tracking the trends for several months, and alerting
Council to the possible problems the City may face.
Mr. Bowers further advised that if Mr. Schlanger's alarming pre-
dictions are accurate, perhaps the City government should not wait to
take some minor immediate action to prepare for the impendin9 storm;
that as trustees of City government, it is his opinion that Council
should not wait another 30 to 60 days to wait and see how the City will
be affected entirely; and Council should take steps now because it is
believed that, given the circumstances as reported to Council by
others, the City may be facing further drastic measures in the near
future.
Mr. Bowers recommended that the Administration consider the
following for immediate action:
"An immediate freeze on hiring of new City
employees, with the exception of public safety
departments, such as the police, fire, rescue and
the sheriff's department.
An immediate freeze on any new purchases for a 30
to 60 day period. We can probably get by with the
use of old dump trucks, typewriters and the same
pencils for at least a couple more months. I would
certainly hope that each department manager would
also be admonished not to go out in advance of
receipt of formal policy statement on this matter
from the City Manager in an effort to spend any
excess funds or make any purchases prior to imposi-
tion of this control.
We need to have a review of the expenses incurred
by the City by employees who use municipal autos,
plus we need to take a look, or perhaps impose a
temporary suspension or set a new policy on, travel
expenses, attendance at conferences by employees,
and the use of consultants in our departments. By
copy of this letter, I would request that the
Manager provide us with all details regarding these
particular matters so t~Council can effectively
reach some policy decisions later on their use by
our employees.
I would suggest that the $2.3 million amount which
Mr. Schlanger reported was available to us at the
last Council meeting for our capital improvements
and capital maintenance and equipment replacement
fund should be set aside in a "rainy day reserve"
for possible use by the Council over the next year
to make up any deficits which we may face. Instead
of using this for new equipment, we might need it
for the continuance of necessary public services to
our citizens.
502
ACTION:
ACTION:
Finally, I would certainly think that a responsible
school board, civic center commission, airport com-
mission and other related operations of the City
should consider this proposal in an effort to bring
to the Council and our citizens sometime in the
future their proposals for meeting this possible
deficit in funding.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that the matter be referred to the City Manager
for review and report to Counc(1. The motion was seconded by Mr.
Harvey and adopted.
Mr. Harvey expressed concern that the City could be going into a
period of slight recession with higher interest rates. He stated that
during the Councilmanic campaign, he heard repeatedly from citizens
that they did not want to pay higher taxes, advising that Council is
going to have to make a hard choice within the next six to twelve
months on whether to eliminate certain programs, or impose a charge for
those programs, or increase taxes. He added that he would not vote for
an increase in taxes, therefore, an alternative must be found to
finance certain City funded programs. He suggested that the City
Manager investigate the feasibility of an "Adopt A Program" in which
the business community would have the opportunity to sponsor a specific
program for six to twelve months which would enable private enterprise
to assume some of the responsibility of the public taxpayer. He
requested that the City Manager investigate those programs that could
be sponsored by business entities to determine if there would be tax
incentives.
The Vice-Mayor requested that the City Administration advise
Council of proposed contingency plans to deal with the potential state
budget shortfall at the local level.
TAXES-SPECIAL PERMITS: A communication from Mr. Billy H. Branch,
Chairman of the Building Committee, Habitat for Humanity in the Roanoke
Valley, requesting that the organization be granted a tax-exempt status
on certain lots located in the City of Roanoke which are owned by
Habitat to be used as sites for constructing houses for sale to low
income families at cost, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that the communication be referred to the City
Manager, the City Attorney and the Director of Finance for study,
report and recommendation to Council. The motion was seconded by Mr.
Fitzpatrick and adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
503
Grant No. 6129 - $384,171.00 for the Chapter I
Carryover Program to utilize the
balance of the fiscal year 1989-90
Chapter I al location to defray
fiscal year 1990-91 Chapter I
costs. The Program will be reim-
bursed 100 per cent by Federal
funds.
Grant No. 6130 - $2,680,402.00 for the Chapter I
Winter Program to provide remedial
reading, language arts and mathe-
matics instruction for students in
targeted schools. The Program
will be reimbursed 100 per cent by
Federal funds.
Grant No. 6586 - $900.00 for the Juvenile Detention
Home Program to provide funds for
the salary and expenses of the
two educational coordinators at
the detention home. The Program
will be reimbursed 100 per cent by
State funds.
Grant No. 6814 - $32,000.00 for the Artist in
Education Program to provide funds
for the enhancement of the
district's arts program by
bringing experts into the schools
for student workshops. The
Program will be reimbursed by
Federal funds and local match.
Grant No. 6963 - $47,390.00 for the 1990-91
Governor's School Program to pro-
vide instruction in science and
math to high school students. The
Program will be supported by State
funds and tuition collected from
participating school districts.
Grant No. 6964 - $27,247.00 for the Impact Aid
Program to provide funds for spe-
cial education clerical costs and
the Partnership/Grants Development
Program. The Program will be
reimbursed by Federal funds.
Grant No. 6968 - $3,740.00 for the SAT Preparation
Program for 1990-91 to provide
funds from student fees for
instruction to prepare students
for Scholastic Aptitude Test.
504
ACTIO~:
The School Board further requested that Council appropriate
$171,700.00 from the 1990-91 Capital Maintenance and Equipment
Replacement Fund to purchase school buses, in accordance with the
Virginia Department of Education school bus replacement schedule.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that six of the seven
grants are funded with 100 per cent Federal funding, State funding, or
fees; that the Artist in Education grant requires a local match of
$15,000.00; and funding for the local match is available in the
Instruction Category of the Education section of the General Fund in
the following accounts, was before Council.
Matching Funds (001-060-6001-6201-0588)
Matching Funds (001-060-6001-6301-0588)
Matching Funds (001-060-6001-6204-0588)
$ 5,000.00
5,000.00
5,000.00
$15,000.00
The Director of Finance further advised that appropriation, in
the amount of $171,700.00, from fiscal year 1990 Capital Maintenance
and Equipment Replacement Program funds (CMERP) will provide for the
purchase of school buses, and represents the first appropriation from
the School Board's fiscal year 1990 CMERP funding; and recommended that
Council concur in the request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30210-82790) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full'text of Ordinance, see Ordinance Book No. 52, page 65.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30210-827g0.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ......... 6.
NAYS: None ..........
(Mayor Taylor was absent.)
5
BUDGET-COMMONWEALTH'S ATTORNEY-EQUIPMENT: A report of the
Commonwealth's Attorney advising that the Con~nonwealth's Attorney's
1990-9! budget request submitted to the State Compensation Board
included a request for funding in capital outlay to continue upgrading
505
,!
ACTION:
ACTION:
word processing capability and provide equipment capable of establish-
ing a records management system; that the 1990-91 budget, as approved
by the State Compensation Board, included $12,000.00 in capital outlay;
and the 1990-91 budget, as approved by Council, did not provide funding
for capital outlay, was before Council.
The Commonwealth's Attorney recommended that Council appropriate
Compensation Board approved funds, in the amount of $12,000.00, to
Account No. 001-026-2210-9005, Capital Outlay, in the Commonwealth's
Attorney's budget; and increase the revenue estimate for shared
expenses - Commonwealth Attorney, Account No. 001-020-1234-0610, in the
amount of $12,000.00.
A report of the City Manager concurring in the recommendation of
the Commonwealth's Attorney, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#30211-82790) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 67.)
Mr. Harvey moved the adoption of Ordinance No. 30211-82790. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ...... 6.
NAYS: None-- ,0.
(Mayor Taylor was absent.)
Mr. Harvey moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Bowers and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY EMPLOYEES-MISCELLANEOUS-CITY GOVERNMENT: The City Manager
submitted a written report advising that the City logo was placed on
City vehicles and stationery during Roanoke's Centennial year, which
practice has continued; that the City adopted a Mission Statement in
December, 1988 that "Roanoke, the "Star City", will be the most excep-
tional place to live and work in the South"; that one of the strategic
issues identified regarding the mission was image, i.e., that the City
506
ACTION:
of Roanoke shall create tile most positive image achievable; and City
employees have been provided the opportunity to publicly identify them-
selves as City employees and promote a positive image of the City
through City logo lapel pins which were presented to all City
employees, and "In the City" T-shirts, which were made available for
City employees to purchase and wear on "T-Shirt Day" for the past two
years by Downtown Roanoke, Inc.
It was further advised that the production of umbrellas, with
white, blue and green panels and bearing the City logo, to be made
available to .City employees who may wish to purchase such time at pro-
duction cost has been suggested by some employees as a way to enhance
the City's image; that a sample umbrella has been created and is
available for inspection at this time; that the umbrella is a high
quality stick umbrella with 100 per cent nylon panels, 62-inch arc,
windproof metal frame, extra strong double eight rib construction,
lightning proof fiberglass shaft, and wood handle; that the umbrella is
made in the U.S.A., and comes with a heavy vinyl sheath; that produc-
tion cost of each umbrella is $27.50, and full payment must be made
with each order, and a minimum order of 36 umbrellas is required.
The City Manager recommended that Council authorize the City logo
to be imprinted on umbrellas to be made available for purchase by City
employees at production cost.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the recomnendation. The
motion was seconded by Mr. Fitzpatrick and adopted.
SPECIAL PERMITS: The City Manager submitted a written report
advising that the Vietnam Veterans of America, Chapter #81, have coor-
dinated the display of American flags in the downtown area since 1983;
that the City received a request from the Vietnam Veterans of America,
Chapter #81, in August of 1989 to permit the organization to install
and remove American flags on certain street lighting poles in the
Central Business District on appropriate holidays and to furnish a
truck and driver to assist in installation and removal of the flags;
and Council concurred in the report of the City Manager under date of
August 14, 1989, and adopted an Ordinance permitting the organization
to install and remove the American flags on certain street lighting
poles in the Central Business District on or about official City holi-
days as identified in Section 2-37, of the Code of the City of Roanoke
(1979), as amended, and agreed to render assistance by providing a
truck and driver for a one-year period, pursuant to Ordinance No.
19709-82889.
It was further advised that Ordinance No. 19709-82889, adopted on
August 14, 1989, which authorized the City Administration to help the
Vietnam Veterans of America, Chapter #81, expires on August 14, 1990;
and the Vietnam Veterans of America, Chapter #81, has requested that
the agreement be extended with permission for the following holidays
and/or special days:
507
ACTION:
Memorial Day
Independance Day
Labor Day
Veterans Day
Flag Day
Washington's Birthday
The City Manager recommended that he be authorized to permit the
Vietnam Veterans of America, Chapter #81, to fly American flags on cer-
tain street lighting poles in the Central Business District of the
City, and to assist the organization by providing a City truck and
driver to help with erecting the flags on street lighting poles on the
aforementioned holidays or special days for a period of one year.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#30212) AN ORDINANCE granting to the Vietnam Veterans of
America, Chapter 81, a revocable permit to mount American flags on
street lighting poles in the Central Business District of the City,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 77.)
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ................. 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
The Vice-Mayor called attention to a conflict last year with
flying the flags on Veterans Day and the Christmas decorations which
were going up at the same time, and stated that he hoped the situation
could be worked out this year.
Mr. Bowers requested that the City Manager investigate the matter
of expanding the program in order to display America flags on the
street lighting poles along Elm Avenue, S. E., in the vicinity of
Community Hospital.
BUDGET-BUSES-GRANTS: The City Manager submitted a written report
advising that a capital grant application to the Urban Mass Transit
Administration (UMTA) to replace 15 1976 buses has been made by Greater
Roanoke Transit Company, t/a Valley Metro; and the anticipated funding
scenario is as follows:
508
ACTION:
Federal Grant
State Grant
Sale of old buses
Local Match
$1,912,500.00
352,500.00
35,000.00
250,000.00
$2,550,000.00
It was further advised that a local match has been requested by
the Valley Metro General Manager, informally over a period of time and
formally pursuant to a communication attached to the report; that an
offer of the grant could be made at anytime after assertion that Valley
Metro has the local share; that if Valley Metro cannot certify availa-
bility of local match funds, not only is the grant in question lost,
but the validity and credibility of future potential grant applications
will be questioned by the Federal and State governments; and documen-
tation of the availability of local ~'unds has been requested by UMTA,
pursuant to a communication under date of August 2, 1990.
It was explained that a review of immediate capital needs has been
made; that considering the need to replace 15 year old buses, the
dependence of many citizens on reliable bus service, and the fact that
if the grant is lost, the City could ultimately be responsible for 100
per cent of the cost, rather than ten per cent if the grant offer is
made and accepted, causes this to be a priority request; that cash
outlay timing for the expenditure of funds is not expected to occur for
another 12 - 18 months, e.g., after the bidding process and de)ivery
time; that sale of City-owned property previously housing Valley Metro
is expected to net $250,000.00; and income from the property can be
earmarked and supplemented, if necessary, up to an additional
$50,000.00 from parking revenue from Parking Management Company (PMC)
from fiscal year 1990 receipts after completing the independent audit.
The City Manager recommended that Council authorize the Director
of Finance to establish an account receivable, in the amount of
$250,000.00, from the sale of property and/or fiscal year 1990 PMC
parking revenue; authorize appropriation, in the amount of $250,000.00,
to Account No. 001-056-8150-3700; and adopt a resolution stating the
intent of Council to provide $250,000.00 in local funds to match State
and Federal grants for the purchase of 15 new buses.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30213-82790) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 68.)
Mrs. Bowles moved the adoption of Ordinance No. 30213-82790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
ACTION:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ........ 6.
NAYS: None ............ O.
(Mayor Taylor was absent.)
Mrs. Bowles offered the following Resolution:
(#30214-82790) A RESOLUTION stating the intent of Roanoke City
Council to provide $250,000.00 in local funds to match state and
federal grant funding for the purchase of 15 new buses by the Greater
Roanoke Transit Company.
(For full text of Resolution, see Resolution Book No. 52, page 69.)
Mrs. Bowles moved the adoption of Resolution No. 30214-82790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser .......... 6.
NAYS: None .... O.
(Mayor Taylor was absent.)
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES)-DRUGS/ALCOHOL: The
City Manager submitted a written report advising that Council approved
the fiscal year 1989-1990 Community Development Block Grant (CDBG)
Program on April 10, 1989, pursuant to Ordinance No. 29512; that the
1989-90 CDBG Program included a matching grant to Mental Health
Services of the Roanoke Valley for renovation of the Alcohol Detoxifi-
cation and Rehabilitation Center (ADRC) located at 801 Shenandoah
Avenue, N. W.; that Council appropriated CDBG funds on June 26, 1989,
pursuant to Ordinance No. 29637, including $84,000.00 for ADRC renova-
tion; and Council authorized a grant agreement, pursuant to Ordinance
No. 29909-10890, adopted on January 8, 1990, between the City and
Mental Health Services for renovation of ADRC.
It was further advised that renovations on the Center began in
March 1990, which included base bid items only; that the basic contract
did not include several alternates, including Alternate D, installation
of an elevator to provide access for handicapped clients and staff, and
Alternate B, removal of unsafe exterior structures which constitute
fire hazards and are in danger of collapsing; that Mental Health
Services obtained partial funding for needed alternates and requested
CDBG funding for the remainder; that Council appropriated fiscal year
1990-1991 CDBG funds on June 25, 1990, pursuant to Ordinance No.
30125-62590; and fiscal year 1990-91 CDBG appropriations included a
matching grant, in the amount of $40,000.00, for alternates to the
ADRC renovations.
509
510
ACTION:
The City Manager recommended that he be authorized to execute an
amendment to the Grant Agreement with Mental Health Services of the
Roanoke Valley for needed alternates in the renovation of the Alcohol
Detoxification and Rehabilitation Center located at 801 Shenandoah
Avenue, N. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30215-82790) A RESOLUTION authorizing the execution of an
amendment to the Grant Agreement between the City and Mental Health
Services of Roanoke Valley for the renovation of the Alcoholic
Detoxification and Rehabilitation Center at 801 Shenandoah Avenue,
N. W.
(For full text of Resolution, see Resolution Book No. 52, page 69.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30215-82790.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ........ 6.
NAYS: None ......... -0.
(Mayor Taylor was absent,)
SPECIAL PERMITS-CENTER IN THE SQUARE: The City Manager submitted
a written report advising that action was delayed on a report to
Council under date of August 13, 19g0, with regard to granting a revo-
cable permit to Center In The Square for the Church Avenue entrance of
said facility pending further information; that a communication from
Mr. William S. Hubard, President, Center In Ihe Square, summarizes
information from two meetings between City and Center In The Square
representatives; and the center of the posts on Church Avenue will be
six feet, ten inches from the face of the building as opposed to the
five feet, four inches for the existing posts on Campbell Avenue.
The City Manager recommended that Council approve the revocable
permit on Church Avenue.
(For full text, see report on file in the City Clerk's Office.)
Concern was expressed with regard to the posts on the Campbell
Avenue side of Center In The Square which impede pedestrian traffic;
whereupon Mr. Timothy Jamieson, representing the firm of Hayes, Seay,
Mattern & Mattern, reviewed details of the proposed plan for the Church
Avenue side as well as the Campbell Avenue side.
ACTION:
Following discussion, Mr. Bowers moved that action on the matter
be tabled until the end of the meeting in order that Council Members
could participate in an on-site review of the Church Avenue and the
Campbell Avenue sides of Center In The Square. The motion was seconded
by Mr. Harvey and adopted, Vice-Mayor Musser and Council Member
Fitzpatrick voting no.
(For further action on the matter, see page 531.)
BRIDGES: The City Manager submitted a written report advising
that the 1978 Surface Transportation Act enacted by Congress requires
that all bridges, including "off Federal Aid System" structures, must
be included in the bi-annual inspection program; that Supplementary
Bridge Inspection Reports are required on 64 structures in the City
this year; that 41 structures (40 bridges and one tunnel), are
inspected annually while 23 structures are inspected bi-annually; and
Engineering Services Qualification Proposals for the necessary tech-
nical inspections and reports were publicly advertised and received
from Hayes, Seay, Mattern and Mattern, Inc., and Mattern and Craig,
P. C.
It was further advised that selection of the firms for con-
sideration was based on certain criteria; that interviews were held
with both qualified firms; that the complexity of bridge inspections
again led City staff to select two qualified firms to complete two
equal portions of the work; that since the two interviewed firms con-
ducted the bridge inspections in 1989, City staff also decided that
each firm would be assigned the bridges they were not assigned in the
previous year in order to add new insight to the 1990 inspections; that
negotiations were conducted with the two qualified firms for the
necessary technical inspections and reports; and the scope of work to
be performed includes the following:
Field investigations of 32 bridges by each firm to
include pertinent roadway approaches, waterway,
piers and abutments, bearings, stringers, beams,
girders, decks, expansion joints, curbs, sidewalks,
bridge railing, culverts, and signing. Hayes,
Seay, Mattern and Mattern, Inc., will also be
responsible for inspecting the Airport Tunnel.
Inspection reports to be prepared with sketches
and/or photographs to adequately describe deficien-
cies and problem areas.
Measurements and calculations necessary to conduct
and determine load ratings and safe load limits as
required by new Federal regulations (41 bridges).
Load ratings usually require three times the tech-
nical manhours of an inspection. Hayes, Seay,
Mattern and Mattern will be responsible for four
load ratings, whereas Mattern and Craig, Inc., will
be responsible for 12 load rating analysis.
511
512
ACTION:
Final inspection documents completed in accordance
with Federal, State and City criteria regarding
the bridge inspection program. All reports to be
completed before the end of 1990.
It was explained that in-depth inspections have been stressed by
Federal and State Highway agencies related to a particular aspect of
bridge inspection as a result of catastrophic bridge failures in other
states in recent years, and the abovestated agencies require underwater
bridge inspections, which require more care to detect possible erosion
of support in waterways beneath bridge structures; that many of the
City's bridges being inspected are above waterways, the majority of
which have structural supports underwater, and structures must be ana-
lyzed physically and mathematically to determine catastrophic scour
potential; and the cost reimbursement fee for engineering services is
based on actual manhours used to physically review each component of
the 63 bridges and one tunnel.
The City Manager recommended that Council award engineering ser-
vices reimbursement, with cost ceiling contracts, subject to approval
by the City Attorney, to Hayes, Seay, Mattern and Mattern, Inc., and
Mattern and Craig, P. C., in amounts not to exceed $44,000.00 and
$53,500.00, respectively, advising that funding is available for the
contracts from the General Fund, Fees for Professional Services --
Engineering, Account No, 001-052-4310-2010 and the Airport Commission's
Airport Engineering, Account No. 004-058-4401-7070, subject to approval
by the Airport Executive Director; and reimbursement will be requested
from the Airport upon completion of the work.
(For full text, see report on file in the City Clerk's Office.)
,Mr. Bowers offered the following Resolution:
(#30217-827g0~ A RESOLUTION authorizing the City Manager to enter
into engineering services reimbursement with cost ceiling contracts
with certain engineering firms, providing for the performance of cer-
tain bridge inspection services; and rejecting certain other proposals.
(For full text of Resolution, see Resolution Book No. 52, page 70.)
Mr. Bowers moved the adoption of Resolution No. 30217-82790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ......... -6.
NAYS: None ....... -0.
'(Mayor Taylor was absent.)
513
m
ACTION-'
HOUSING-GRANTS: The City Manager submitted a written report
advising that the Rental Rehabilitation Program is a cooperative
program among the Department of Housing and Urban Development (HUD),
the City, and the Roanoke Redevelopment and Housing Authority {RRHA),
to encourage rehabilitation of privately-owned rental property in
targeted neighborhoods; that Roanoke received its 1989 Program alloca-
tion, in the amount of $106,00D.00, from HUD in May of 1989; and
administration delayed until the previous allocation of Program funds
allocated in 1988 was committed to projects.
It was further advised that project commitments against previous
funding allocations have been made to reduce the earlier backlog of
funds to a level such that the 1989-funded program may begin; that HUD
regulations require program funds be committed to projects within two
years of being awarded to a grantee locality, therefore, the
$106,000.00 allocated by HUD to the City must be committed by May of
1991; and execution of a Memorandum of Understanding with the Housing
Authority is necessary to specify the arrangements between that agency
and the City for implementation of the Program.
The City Manager recommended that he be authorized to execute the
Memorandum of Understanding with the Roanoke Redevelopment and Housing
Authority for administration of the 1989 Rental Rehabilitation Program,
subject to approval by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#30218-82790) A RESOLUTION authorizing the execution of a
Memorandum of Understanding with the City of Roanoke Redevelopment and
Housing Authority pertaining to the administration of a Rental
Rehabilitation Program.
(For full text of Resolution, see Resolution Book No. 52, page 70.)
Mr. Bowers moved the adoption of Resolution No. 30218-82790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick and
Vice-Mayor Musser .......... 5.
NAYS: None .........................
Oe
(Mayor Taylor was absent.) (Council Member Harvey abstained from
voti rig. )
HOUSING-GRANTS: The City Manager submitted a written report
advising that the Rental Rehabilitation Program is a cooperative
program among HUD, the City, and the Roanoke Redevelopment and Housing
Authority to encourage rehabilitation of privately-owned rental pro-
perty in targeted neighborhoods; that HUD Program funds pay a portion
514
ACTION:
of the rehabilitation cost of substandard houses, with the balance paid
from other sources; and the City's allocations from HUD for the pre-
vious six years of the Rental Rehabilitation Program totalled
$777,300.00 for rehabilitation subsidies, which will have provided
renovation to approximately 149 dwelling units in approximately 78
buildings, at a cost of approximately $2,479,000.00, combined public
and private funds.
It was further advised that the City's program designs have varied
over recent years, depending on available financing for the non-HUD
funded rehabilitation; that the City's 1990 program allocation from HUD
is $90,000.00; that the City's application for 1990 program funds has
been approved by HUD, whereby the City must execute the Grant Agreement
in order to accept the funds; and a Memorandum of Understanding with
the Housing Authority for administration of the 1990 program will be
required, however, this will not be necessary until administration of
the program is ready to begin and arrangements are made to supplement
HUD financing, either with State funds currently committed in support
of NSEPtion, or with additional State funds which may be obtained
later.
The City Manager recommended that he be authorized to execute the
Grant Agreement with HUD accepting 1990 Rental Rehabilitation Program
funds, subject to approval by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30219-82790) A RESOLUTION accepting a Rental Rehabilitation
Program Grant from the United States Department of Housing and Urban
Development and authorizing the execution of the requisite grant
agreement and HUD Funding Approval Form.
(For full text of Resolution, see Resolution Book No. 52, page 71.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30219-82790.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick and
Vice-Mayor Musser ....... -5.
NAYS: None .......
'=0o
(Mayor Taylor was absent.) (Council Member Harvey abstained from
voting. )
HOUSING-GRANTS: The City Manager submitted a written report advi-
sing that $220,000.00 from the Virginia Department of Housing and
Community Development's Single Family Rehabilitation and Energy Conser-
vation Loan Program and $240,000.00 in Community Development Block
Grant (CDBG) funds were allocated to the Home Purchase Assistance
Program by Council on June 26, 1989, allowing the City to provide loans
to low-moderate income households agreeing to buy and repair approxima-
tely 18 - 20 certain identified substandard houses; and the program is
administered jointly by the City and the Roanoke Redevelopment and
Housing Authority.
515
ACTION:
It was further advised that real estate options were selected as
the best way to allow the City to implement the Home Purchase
Assistance Program which define the property owner's and the City's
responsibilities under said Program, establish a purchase price for the
property, allow the City to access the property, and market the pro-
perty for sale to qualifying low and moderate income purchasers in the
program through assignment of the real estate option, which provides
for a direct sale of the property from the current owner to the
purchaser selected through the program; that the City will not exercise
any option and will not actually purchase any property in the program;
and should the City be unable to find a buyer for the property, the
real estate option would be allowed to expire.
It was explained that Council previously authorized the City
Manager to execute options with individual property owners of several
properties to be included in the Home Purchase Assistance Program; that
a real estate option has been executed by the owner of a vacant single
family home located at 509 Tenth Street, S. W., assessed at $17,000.00;
that the owner purchased the property for $16,500.00 in September 1988
and has made some repairs; that the owner has offered the property at
an option price in the amount of $18,500.00; that Housing Development
staff has determined that the offered price is reasonable to allow the
home to be included in the program; and Council's authorization for the
City Manager to execute the real estate option with the owner of the
property is necessary to allow the property to be marketed to
qualifying households through the program.
The City Manager recommended that he be authorized to execute a
real estate option agreement for property located at 509 Tenth Street,
S. W., subject to approval by the City Attorney, with the owner of the
property selected for the Home Purchase Assistance Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency Ordinance:
(#30220-82?90) AN ORDINANCE authorizing a certain real estate
option to be entered into in connection with the Home Purchase
Assistance Program, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 71.)
Mr. White moved the adoption of Ordinance No. 30220-82790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ................. .6.
NAYS: None ...........
-0.
(Mayor Taylor was absent.)
516
ACTION:
ZONING-FIRE DEPARTMENT: The City Manager submitted a written
report advising that at the regular meeting of Council on Monday,
August 13, 1990, he was authorized to execute a real estate option on
property on Mecca Street in order to develop a fire station to serve
the Route 460 East Corridor of the City of Roanoke; that portions of
properties under option are currently zoned RS-3, Residential Single
Family District; that permitted uses in RS-3, according to Section
36.1-89 of the Roanoke City Zoning Ordinance, does not include a fire
station; and the zoning of properties should be LM, Light Manufacturing
District, in order to permit the development of a fire station.
The City Manager recommended that he be authorized to initiate a
petition to rezone portions of parcels of land bearing Official Tax
Nos. 7090401 and 7080101 from RS-3, Residential Single Family District,
to LM, Light Manufacturing District.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the recommendation. The
motion was seconded by Mr. Fitzpatrick and adopted.
INDUSTRIES: The City Manager submitted a written report advising
that Elizabeth Arden Company, after an extensive search, chose a 28.257
acre site, identified as Parcel 4, Official Tax No. 7210101, in the
Roanoke Centre for Industry Technology for the location of a new
office/distribution facility; that Ordinance No. 29938-22690 was
adopted by Council on February 26, 1990, authorizing execution of an
option for the sale of Parcel 4, in the Industry Centre to Elizabeth
Arden Company and authorizing execution of the requisite deed conveying
such property; that terms of the option provide that it will expire 180
calendar days after execution; and the option was executed by the City
Manager on March 9, 1990.
It was further advised that consideration of $25,000.00 for the
option was paid to the City to be applied to the purchase price at clo-
sing; that if Elizabeth Arden Company does not exercise the option by
the expiration date, which is September 16, 1990, the money will be
retained by the City; that Unilever Offices of London, the parent com-
pany of Elizabeth Arden Company, has requested additional project sup-
port information which will take officials of Elizabeth Arden Company
several months to compile; that an extension of the current option for
120 days has been requested by Elizabeth Arden Company to comply with
Unilever's request for additional information; that the expiration date
of September 16, 1990, will have passed by the time Council has heard
the request at two regularly scheduled meetings; and the City Manager
has waited the mandatory ten days to execute an extension of the
option.
The City Manager recommended that he be authorized to execute a
new option with Elizabeth Arden Company for a 120 day period and apply
the $25,000.00 original option money to the new option.
(For full text, see report on file in the City Clerk's Office.)
517
m
ACTION:
ACTION:
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#30221) AN ORDINANCE authorizing the execution of an option for
the sale of approximately 28.26 acres of land within the Roanoke Centre
for Industry and Technology to Elizabeth Arden Company, and authorizing
the execution of the requisite deed conveying such property.
(For full text of Ordinance, see Ordinance Book No. 52, page 79.)
The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ...................... 6.
NAYS: None .................................
(Mayor Taylor was absent.)
Mrs. Bowles offered the following Resolution:
(#30222-82790) A RESOLUTION authorizing the City Manager to apply
the consideration paid by Elizabeth Arden Company to the City pursuant
to the March 9, 1990 Real Estate Option Agreement to a subsequent Real
Estate Option Agreement between the parties.
(For full text of Resolution, see Resolution Book No. 52, page 72.)
Mrs. Bowles moved the adoption of Resolution No. 30222-82790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ............... 6.
NAYS: None .......... O.
(Mayor Taylor was absent.)
COUNCIL: The City Manager submitted a written report advising
that Council meetings in the four neighborhood quadrants were initiated
in June 1982 and discontinued after April 25, 1988; and Council, at
its regular meeting on July 9, 1990, approved a motion to re-establish
the quarterly neighborhood meetings in the different quadrants of the
City, and referred the matter to the City Manager for review in
selecting meeting places, times and dates.
It was further advised that adequate facilities are available in
each quadrant of the City providing sufficient seating capacity,
parking and access for handicapped persons; that proposed meeting loca-
tions are intended to maximize opportunities for citizen involvement;
and a proposed schedule for quarterly quadrant meetings over the next
two years is suggested as follows:
518
ACTION:
November 26, 1990
Highland Park Elementary
School
February 25, 1991
Lincoln Terrace Elementary
School
May 27, 1991
Jackson Middle School
August 26, 1991
Oakland Elementary School
November 25, 1991
Hurt Park Elementary
School
February 24, 1992
Northwest Elementary
School
May 25, 1992
Garden City Elementary
School
August 24, 1992
Monterey Elementary School
It was explained that meeting times commencing at 7:00 p.m., would
help to encourage citizen involvement based on the Administration's
experience in working with neighborhood groups and organizations; that
the meeting format is proposed to include an informal discussion hour
from 6:00 p.m. to 7:00 p.m., where the Council and City Administration
could greet the public, with Council's regular official meeting to com-
mence at 7:00 p.m.; and approximate cost per meeting is estimated to be
$900.00, which includes expenses in providing a public address system,
public notices, and refreshments.
The City Manager recommended that Council concur in the above set
forth dates, times and locations.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#30223-82790) A RESOLUTION establishing the time and location of
certain regular meetings of the Council of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 52, page 72.)
Mr. Harvey moved the adoption of Resolution Ho. 30223-82790. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick, Harvey and
Vice-Mayor Musser ......... 5.
NAYS: Council Member Bowles 1.
(Mayor Taylor was absent. )
519
Mrs. Bowles advised that she could envision a need for neigh-
borhood meetings when there are specific issues that should be
addressed in a certain quadrant oF the City. She referred to a
discussion earlier in the meeting with regard to budgetary matters in
connection with the state budget shortfall, and pointed out that
Council was now talking about spending approximately $2700.00 over the
next two years in order to hold neighborhood meetings.
BUDGET-LIBRARIES: The City Manager submitted a written report
advising that Federal aid through an LSCA Title I Grant, in the amount
of $7,428.00, has been approved for the Roanoke City Public Library by
the Virginia State Library and Archives; that the City Library is a
Subregional Library for the visually and physically impaired residents
of the Fifth Planning District, in which Virginia currently has nine
subregional libraries; and a grant to fund staff training, equipment,
supplies and extra help assistance and must be expended by May 15,
1991, and will require no local match.
It was further advised that the library constantly seeks to
improve and expand its services to special populations by adding new
equipment and by providing training for Outreach Services staff; and
the Library Administration recommends that the grant, in the amount of
$7,428.00, be used for the following:
Purchase additional components and supplies for
existing computer to end manual circulation proce-
dures and enable faster shipment of talking books
to handicapped patrons.
Obtain staff training on the Reader Enrollment and
Distribution System (READS).
Extend the hours of an existing part-time library
page to assist in preparing the talking book
collection for automation.
The City Manager recommended that Council accept the LSCA Title I
Subregional Library for the Blind Grant, in the amount of $7,428.00;
and appropriate funds to the following accounts to be established in
the Grant Fund:
$4,250.00 to Equipment, Account No. 035-054-5006-
9005.
$ 500.00 to Training and Development, Account No,
035-054-5006-2044.
$2,030.00 to Administrative Supplies, Account No.
035-054-5006-2030.
520
ACT I ON:
ACTION:
$ 602.00 to Temporary Employee Wages, Account No.
035-054-5006-1004.
$ 46.00 to FICA, Account No. 035-054-5006-1120.
The City Manager further recommended that Council authorize the
Director of Finance to establish a revenue estimate, in the amount of
$7,428.00, for said grant in the Grant Fund; and that the City Manager,
or his designee, execute the necessary documents accepting the grant
for the Roanoke City Public Library.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30224-82790) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 73.)
Mr. White moved the adoption of Ordinance No. 30224-82790. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ........... 6.
NAYS: None ................
(Mayor Taylor was absent.)
-0.
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the financial
report of the City of Roanoke for the month of July, 1990.
(For full text, see financial report on file in the City Clerk's
Office. )
Mr. Harvey moved that the financial report be received and filed.
The motion was seconded by Mr. Fitzpatrick and adopted.
REPORTS OF COMMITTEES:
AIRPORT: A communication from Ms. Jacqueline L. Shuck, Executive
Director, Roanoke Regional Airport, on behalf of the Roanoke Regional
Airport Commission, advising that with a 25.7 per cent increase in air
freight in calendar year 1989, and a 39.6 per cent increase over 1989
for this year to date, air cargo is the fastest growing segment of
aviation at the Roanoke Regional Airport; and to date, there has been
no space available "on airport" to offer cargo operators or developers
interested in developing air cargo facilities, was before Council.
521
m~
ACTION:
It was further advised that there are at least 8.125 acres of
vacant land immediately contiguous to the Roanoke Regional Airport
Commission's property line which could be purchased and developed for
air cargo and other aviation related purposes; that development of the
vacant parcels would help separate air cargo from the area used by
general aviation; that a pre-application and an application for Federal
funds, in the amount of $927,000.00, were submitted to the Federal
Aviation Administration on January 29, 1990, and August 7, 1990,
respectively; and, in addition, an application has been submitted for a
State Aviation grant, in the amount of $51,500.00, which would fund
one-half of the ten per cent in matching funds required to accept the
Federal grant.
It was explained that the Roanoke Regional Airport Commission's
total AIP entitlement funds for fiscal year 1990 were $1,295,544.00,
with $198,21~.00 committed earlier for the terminal project and
$170,330.00 being carried over for a future period; that preliminary
Congressional approval has already been given for the award of the
Federal grant to the Roanoke Regional Airport Commission; and notice of
the capital project will be sent to the proper officials for the City
and County of Roanoke for their approval after the Roanoke Regional
Airport Commission adopts the proposed Resolution and prior to execu-
tion of the grant agreement.
The Executive Director requested that Roanoke City Council adopt a
resolution approving the capital expenditure by the Roanoke Regional
Airport Commission of $1,030,000.00 necessary to acquire approximately
8.125 acres of land for airport expansion and development, advising
that the Federal Government is expected to reimburse the Commission for
90 per cent of the cost of acquisition and the State is expected to
reimburse the Commission for five per cent of said cost.
(For full text, see report on file in the City Clerk's Office.)
Council Member Harvey advised that prior to casting his vote on
the matter, he would prefer to know the exact location of the property
in question; whereupon, the City Manager advised that he would be
pleased to brief the Members of Council in Executive Session.
Mr. Harvey moved that Council convene in Executive Session at the
end of the meeting to discuss a matter regarding the acquisition of
real property for public purpose, specifically the acquisition of pro-
perty by the Roanoke Regional Airport Commission, pursuant to Section
2.1-344 (A) (3), Code of Virginia, 1950, as amended. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ..... 6.
NAYS: None-- O.
(Mayor Taylor was absent.)
(For further action, see page $30.)
522
ACTION:
ACTION:
BUDGET-FIRE DEPARTMENT: Council Member William White, Sr.,
Chairman of a committee appointed by the Mayor to tabulate bids
received for alterations and additions to Fire Station No. 4, located
at 3768 Aerial Way Drive, S. W., presented a written report on behalf
of the committee, recommending that Council authorize the City Manager
to enter into a contractual agreement, subject to approval by the City
Attorney, with BKM Contractors Corporation, for alterations and addi-
tions to Fire Station No. 4, according to contract documents as pre-
pared by the City Engineer, in the amount of $25,975.00 and 30
consecutive calendar days, advising that the lessor has agreed to
extend the City's current lease for Fire Station No. 4 to June 30,
1996; that funds be transferred from Building Maintenance Outside
Contractors, Account No. 001-052-4330-3056, in the amount of
$23,768.00, and from Fixed Asset Maintenance Contingency, in the amount
of $3,732.00; and reject all other bids received by the City.
The City Manager submitted a written report concurring in the
recommendations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30226-82790) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 74.)
Mr. White moved the adoption of Ordinance No. 30226-82790. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ......... 6.
NAYS: None ....... --0.
(Mayor Taylor was absent.)
Mr. White offered the following emergency Ordinance:
(#30227-827g0) AN ORDINANCE accepting the bid of BKM Contractors
Corporation for alterations and additions to Fire Station No. 4 at 3768
Aerial Way Drive, S. W., upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 75.)
Mr. White moved the adoption of Ordinance No. 30227-82790. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AtT ION:
ACTION:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser--- 6.
NAYS: None ...............................
(Mayor Taylor was absent.)
Mr. White offered the following emergency Ordinance:
{#30228-82790) AN ORDINANCE authorizing the extension of a lease
agreement between the City and George R. Preas, of a parcel of land and
building located at 3768 Aerial Way Drive, S. W., known as Roanoke City
Fire Station No. 4, upon certain terms and conditions; authorizing the
proper City officials to execute the requisite agreement for such
extension; and providing for an emergency,
(For full text of Ordinance, see Ordinance Book No. 52, page 75.)
Mr. White moved the adoption of Ordinance No. 30228-82790. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ....... 6.
NAYS: None ........... O.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 30177-82790 permanently
vacating, discontinuing and closing an alley which lies between Spruce
Street and Kindred Street, S. E., paralleling Brownlee Avenue and
Carlisle Avenue, having previously been before the Council for its
first reading on Monday, August 13, 1990, read and adopted on its first
reading and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final adoption:
(#30177-82790) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 60.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30177-82790.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ................ 6.
NAYS: None ..............
(Mayor Taylor was absent.)
524
ZONING: Ordinance No. 30178-82/90 rezoning a tract of land con-
taining 0.227 acre, more or less, located on Oaklawn Avenue, N. W.,
described as Lots 11 and 12, Official Tax Nos. 2170210 and 2170211,
from RS-3, Residential Single Family District, to RM-1, Residential
Multi-Family~ Low Density District, subject to certain conditions prof-
fered by the petitioners, having previously been before the Council for
its first reading on Monday, August 13, 1990, read and adopted on its
first reading and laid over, was again before the body, Mr. Harvey
offering the following for its second reading and final adoption:
(#30178-82790) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 217, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 61.)
Mr. Harvey moved the adoption of Ordinance No. 30178-82790. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ........ 6.
flAYS: None ........
(Mayor Taylor was absent.)
HOUSING-EASEMENTS: Ordinance No. 30194-82790 authorizing execu-
tion of a deed releasing the City's interest in a certain emergency
telephone call box easement heretofore granted to the City of Roanoke
on Parcel 2 of the Downtown East Redevelopment Project, upon certain
terms and conditions, having previously been before the Council for its
first reading on Monday, August 13, 1990, read and adopted on its first
reading and laid over, was again before the body, Mr. Bowers offering
the following for its second reading and final adoption:
(#30194-82790) AN ORDINANCE authorizing the execution of a deed
of release releasing the City's interest in a certain emergency
telephone call box easement heretofore granted to the City of Roanoke,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 62.)
Mr. Bowers moved the adoption of Ordinance No. 30194-82790. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser .......... .6.
NAYS: None .......... O.
(Mayor Taylor was absent.
ACTION:
ACTION:
CIVIC CENTER: Ordinance Ho. 30199-82790 authorizing extension of
the current concessions and catering contract at the Roanoke Civic
Center with Krisch Hotels, Inc., until April 1, 1991, with provision to
terminate by the City at any time upon 60 days written notice, having
previously been before the Council for its first reading on Monday,
August 13, 1990, read and adopted on its first reading and laid over,
was again before the body, Mr. Fitzpatrick offering the following for
its second reading and final adoption:
(#30199-82790) AN ORDINANCE authorizing the extension of the
current concessions and catering contract at the Roanoke Civic Center,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 62.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30199-82790.
The motion was seconded by Mrs. Bowles.
Mr. Bowers inquired if ownership of stock in Krisch Hotels consti-
tutes a conflict of interest; whereupon, the City Attorney advised that
a conflict of interest would involve income of more than $10,000.00 per
annum, or ownership of three per cent or more of the corporation, or
possession of debt of three per cent or more of said corporation.
Ordinance No. 30199-82790 was adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ..... 6.
NAYS: None-- O.
(Mayor Taylor was absent.)
INDUSTRIES: Ordinance No. 30204-82790 authorizing an extension of
the lease agreement between the City and Mr. A. Wade Douthat, III, pro-
viding for a lease of a house and cabin on property located in the
Roanoke Centre for Industry and Technology, upon certain terms and
conditions, having previously been before the Council for its first
reading on Monday, August 13, 1990, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#30204-82790) AN ORDINANCE authorizing an extension of the lease
agreement between the City and A. Wade Douthat, III, of certain pro-
perty located in the Roanoke Centre For Industry and Technology, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 63.)
Mrs. Bowles moved the adoption of Ordinance No. 30204-82790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
526
ACTION:
ACTION:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ................... 6.
NAYS: None .......... O.
(Mayor Taylor was absent.)
CITY PROPERTY-SWIMMING POOLS: Ordinance No. 30205-82790
authorizing the proper City officials to enter into a certain lease
agreement with Sun Valley Swim & Slide, Inc., for the Sun Valley Swim
Club and Campground property, for a period of five years, at an initial
monthly lease fee of $200.00, upon certain terms and conditions, having
previously been before the Council for its first reading on Monday,
August 13, 1990, read and adopted on its first reading and laid over,
was again before the body, Mr. Bowers offering the following for its
second reading and final adoption:
(#30205-82790) AN ORDINANCE authorizing tile proper City officials
to enter into a certain lease agreement with Sun Valley Swim & Slide,
Inc., for the Sun Valley Swim Club and Campground property, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 63.)
Mr. Bowers moved the adoption of Ordinance No. 30205-82790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ......... 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
SALE/PURCHASE OF PROPERTY-AIRPORT-CITY PROPERTY: Ordinance No.
30206-82790 providing for the conveyance of a certain surplus parcel of
City property bearing Official Tax No. 2141412 to the Roanoke Regional
Airport Commission, upon certain terms and conditions, having pre-
viously been before the Council for its first reading on Monday,
August 13, 1990, read and adopted on its first reading and laid over,
was again before the body, Mr. Harvey offering the following for its
second reading and final adoption:
(#30206-82790) AN ORDINANCE providing for the conveyance of a
certain surplus parcel of City property bearing Official Tax No.
2141412 to the Roanoke Regional Airport Commission, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 64.)
Mr. Harvey moved the adoption of Ordinance No. 30206-82790. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
527
ACTION:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ........ 6.
NAYS: None ....
(Mayor Taylor was absent.)
CITY PROPERTY: Ordinance No. 30207-82790 authorizing extension of
the lease agreement between the City and James L. Trinkle of the premi-
ses located at 124 Kirk Avenue, S. W., at a monthly rental rate of
$2,175.83, for a period of one year commencing on December 1, 1990, and
terminating on November 30, 1991, upon certain terms and conditions,
having previously been before the Council for its first reading on
Monday, August 13, 1990, read and adopted on its first reading and laid
over, was again before the body, Mr. Fitzpatrick offering the following
for its second reading and final adoption:
(#30207-82790) AN ORDINANCE authorizing an extension of the lease
agreement between the City and James L. Trinkle of the premises at 124
Kirk Avenue, S. W., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 64.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30207-82790.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members White, Bowles, Fitzpatrick, Harvey and
Vice-MaYor Musser-- 5.
NAYS: None---
O®
(Mayor Taylor was absent.) (Council Member Bowers abstained from
voti rig. )
MoTiONs AND MISCELLANEOUS BUSINE'SS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
VIRGINIA TECH-DDWNTOWN CONVENTION CENTER-HOTEL ROANOKE: Mr. F.
Don Fitzgerald, 1606 Orange Avenue, N. W., appeared before Council on
behalf of the Southwestern Virginia Building and Construction Trades
Council, which is made up of various construction trades. He advised
that the organization supports economic development for the Roanoke
Valley; however, the growth of the Roanoke area should also mean jobs
for area residents.
Mr. Fitzgerald stated that lately there has been much media atten-
tion pertaining to the Hotel Roanoke and the convention center,
advising that the organization supports the City's possible involvement
in the hotel/convention center; however, he would like to publicly urge
the City to put forth every effort to protect the best interest of the
general public when entering into any contractual agreement with a
development firm where public monies are involved. On behalf of the
Southwestern Building and Construction Trades Council, he requested the
528
City to consider its participation in the project to be conditional on
any developer adhering to an open competitive bid process for all
qualified suppliers of construction services versus a selective bid
process in which a developer is at liberty to solicit bids from a
select group of their choice. He stated that this requirement on the
part of the City would act to assure citizens of the Roanoke Valley
that they will receive the most qualified services and competitive pri-
ces that the market has to offer.
ACTION:
ACT I 0 N:
The City Manager advised that no City of Roanoke funds are pro-
posed to be expended for the renovation or reuse of the Hotel Roanoke;
that public funds will be used with regard to the convention center and
it is the intent of the City to use the procurement process as dictated
under, .the State Code for that portion of the project.
Mr. Bowers moved that Mr. Fitzgerald's remarks be referred to the
City Manager for study, report and recomme_ndation to Council. The
motion was seconded by Mr. Fitzpatrick and adopted.
At 4:15 p.m., the Vice-Mayor declared the meeting in recess.
' '~' At'4:45 p.m.,'the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all Members of the Council in atten-
idance, with the 'exception of Mayor Taylor. ,
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ......... .6.
NAYS: None ........
(Mayor Taylor was absent.)
" VIRGINIA TECH-DOWNTOWN CONVENTION CENTER-HOTEL ROANOKE: The City
Manager advised that he was pleased to recon~nend an agreement.between
the City of Roanoke, the Virginia Tech Real Estate Foundation,
Incorporated, and Virginia Polytechnic Institute and State University,
regarding the convention center and a potential project to reopen the
Hotel Roanoke. . ....... ....
· '" Mr.'Fitzpatrick offered th'e following Resolution No. 30229-82790:
,: . !. · ! ,: ! ', . .~ ......
529
(#30229-82790) A RESOLUTION approving an agreement between the
City, Virginia Tech Real Estate Foundation, Inc. and Virginia
Polytechnic Institute and State University for development of a
Conference Center adjacent to and on the property of the former Hotel
Roanoke; and authorizing appropriate City officials to execute the
requisite agreement.
(For full text of Resolution, see Resolution Book No, 52, page 76.)
ACTION: Mr. Fitzpatrick moved the adoption of Resolution No. 30229-82790.
The motion was seconded by Mrs. Bowles.
The City Manager advised that a three phase plan has been
discussed; viz: the reopening of the Hotel Roanoke, a conference
center, and a trade and convention center. He stated that the first
priority, in order for the other parts to work, is to get the Hotel
Roanoke reopened. He further stated that he would like to publicly
recognize that this is a very difficult project, given the national
financial and real estate situation, particularly pertaining to hotels.
He advised that the agreement with Virginia Tech is that the City and
Virginia Tech will both support the financing of $4 million each to
build approximately a 50,000.00 to 75,000.00 square foot Convention
Center. He stated that given all of the discussion with regard to
state funding problems, it is good to question how the City can begin
to discuss investing $4 million with cut-backs that appear to be inevi-
table, and addressed the following key points that should be taken into
consideration; viz: (1) the convention center will be constructed only
if the Hotel Roanoke is reopened; (2) if the Hotel is reopened, the
Director of Finance has stated that he expects a minimum of $800,000.00
to be generated in direct taxes; and (3) the City is committing only
revenues generated by the project. He stated that the agreement will
be structured so that no money will be paid for the actual debt service
and operating expenses until the facility is actually operating. He
pointed out that the Hotel Roanoke is one of the most .significant
buildings in the Roanoke Valley, it dominates the skyline and it is a
beloved part of the community, and while there are many emotional
reasons to want the project to succeed, there must be practical.reasons
as well. He stated that loosing $310,000.00 per year in direct taxes
from the closure of the Hotel Roanoke is the first good reason for
.... moving forward on-the project;., that in addition, the. Director of
Finance has estimated that approximately $800,000.00 will be generated
in direct taxes when the hotel reopens; and the project will provide
construction jobs, operating jobs and generate visitors who will bring
tax dollars to the Roanoke Valley. Mr. Herbert explained that impor-
tant aspects of the project are that Virginia Tech and the City of
Roanoke will pursue a commission or some like entity through the
General Assembly to operate the convention center; and the City and
Virginia Tech are committed to go ahead with the project if, for some
reason, the commission is not put in place. He stated that Virginia
Tech will manage the facility, however, it will be a public facility
with a focus on those persons who will book rooms in the Roanoke Valley
530
ACTION:
and bring outside visitors to the community. He noted that operating
expenses and revenues for the convention center will be split 50/50
between Virginia Tech and the City of Roanoke; that the agreement is
conditioned upon finding a qualified developer who will renovate or
reconstruct the Hotel Roanoke with a minimum of 350 rooms by
December 31, 1991; and Virginia Tech has agreed to convey land to the
City for a nominal consideration for the trade and convention center.
The City Manager requested that Council concur in the recommen-
dation by adopting the Resolution presently on the table for con-
sideration, advising that if approved, it is hoped to schedule a joint
signing ceremony with officials of Virginia Tech sometime during the
latter part of the week.
Resolution No. 30229-82790 was adopted by the following'vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser .......... 6.
NAYS: None ...................
-0.
(Mayor Taylor was absent.)
At 5:00 p.m., the Vice-Mayor declared the meeting in recess.
At 6:00 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all Members of the Council in atten-
dance, with the exception of Mayor Taylor.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser .......... .--6.
NAYS: None ......... ~0.
(Mayor Taylor was absent.)
AIRPORT: Pursuant to a report of the Executive Director of the
Roanoke Regional Airport Commission, Mr.. Fitzpatrick offered the
following Resolution approving specific capital expenditures for
Airport expansion .and development ~by the~Roanoke Regional Airport
Commission, upon certain terms and conditions:
531
m
m
ACTION:
ACTION:
ACTION:
(#30225-82790) A RESOLUTION approving specific capital expen-
ditures for Airport expansion and development by the Roanoke Regional
Airport Commission, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 52, page 73.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30225-82790.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser .................... 6.
NAYS: None ............
(Mayor Taylor was absent.)
At 6:05 p.m., the Vice-Mayor declared the meeting in recess in
order that Council Members could conduct an on-site review of the posts
to be constructed on the Campbell Avenue and Church Avenue sides of
Center In The Square.
At 6:35 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all Members of the Council in atten-
dance, with the exception of Mayor Taylor.
SPECIAL PERMITS-CENTER IN THE SQUARE: Mr. Fitzpatrick moved that
the following Ordinance authorizing the encroachment of decorative
glass and street canopies attached to the facade of Center In The
Square over portions of the public sidewalks on Church Avenue, S. E.,
be placed upon its first reading:
(#30216) AN ORDINANCE granting a revocable license for the
construction of certain building appendages encroaching over and into
the right-of-way of Church Avenue, S. E., located at Center In The
Square, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 78.)
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser ........... 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
Following discussion, Mr. Bowers moved that the City Manager be
requested to confer with officials of Center In The Square to determine
if an alternative arrangement can be worked out with regard to the
posts located in the vicinity of the Roanoke Museum of Fine Arts and
the Science Museum. The motion was seconded by Mr. Harvey and adopted.
532
There being no further business,
meeting adjourned at 6:40 p.m.
APPROVED
ATTEST:
City Clerk
the Vice-Mayor declared the
Vice-Mayor
533
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 17, 1990
7:30 p.m.
m
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, September 17, 1990, at 7:30 p.m., with Mayor
Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15,
Rules of Procedure, Code of the City of Roanok6 (1979), as amended, and pursuant
to Resolutidh No. 30209-81390, adopted by Council on August 13, 1990.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles (arrived
at 8:25 p.m.), Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Howard E.
Musser, William White, Sr., and Mayor Noel C. Taylor ......... 7.
ABSENT: None ...........
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend T. R. King,
Pastor, Valley Christian Center.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
m
STATE OF THE CITY ADDRESS: The Mayor presented his 1990 State of
the City Address containing the following recon~nendations:
"I,
I reco~nd that we consider turning the Mill
Mountain Star to an appropriate color in
recognition and in honor of our Armed Service
personnel in the Middle East. I further
suggest that individual citizens and
homeowners will display the yellow ribbon.
®
I recoMmend that Monday, December 24, 1990,
(Christmas Eve) will be given to Roanoke City
workers as a Christmas holiday. This act of
appreciation will allow our City personnel to
experience a four day Christmas break from
Saturday, December 22, through Tuesday,
December 25. If it is impossible to be off on
December 24, then the closest agreeable date
should be observed. This matter should go to
the City Manager so that he may arrange for
its smooth implementation.
534
5
I strongly recommend that we give our City
Manager the same backing and support as he
establishes the Task Force on Racial
Understanding that we gave in support of the
Task Force on Drugs and the Task Force on the
Homeless.
For many years, the City's legislative
programs have been an unparalleled success.
Since 1977, Mr. Wilburn C. Dibling, City
Attorney, has served as the City's Legislative
Liaison. In 1978, he drafted and recommended
to City Council the first Legislative Program
for the City. With its adoption, we became
one of the first cities in the Commonwealth to
have its own legislative program. Mr. Dibling
is well respected by Members of the General
Assembly and has been a vigorous advocate of
the City's legislative interests. Under his
leadership, many significant legislative
accomplishments have been achieved with the
expenditure of very little money.
Two factors, however, suggest that we will
need to fine tune our legislative efforts in
order to achieve our legislative goals in the
future. First, of course, is the current
economic condition of the Commonwealth.
Second, demographic trends, as reflected by
preliminary 1990 Census Data, indicate a
continuing shift in population to Northern
Virginia and Tidewater. With this shift, our
concern must be to avoid loss of political
influence of the Roanoke Valley in the
legislative arena.
Now is not the time to add new staff or employ
paid lobbyists to intensify our legislative
efforts. I am, however, recommending a new
permanent committee of City Council to assume
a policy-making role with respect to our
legislative efforts. The specific role of the
committee would be as follows:
(1)
(2)
to review and recommend to City Council
as a Whole a Legislative Program for each
Session of the General Assembly;
to approve a strategy for effectively
presenting the Legislative Program to the
General Assembly; and
535
(3) to provide the Legislative Liaison with
pol icy guidance in determining the
position of the City on unexpected
legislative issues which arise during
each session.
The Legislative Committee would consist of
three Council Members with the Mayor as an
Ex-Officio Member. The Committee will provide
valuable policy guidance to the City Attorney
as the City's Legislative Liaison. Hereto-
fore, the Legislative Liaison has been
requi red to formul ate and present the
Legislative Program with little or no policy
guidance from Council. During the Session
when it is necessary to respond quickly to
issues, he has had no mechanism to quickly
determine the City's position. The
Legislative Committee will fill this vacuum.
The Committee will not supplant the
Legislative Liaison in implementation of the
Legislative Program. If our legislative
efforts are to be successful, we must insure
that our legislative activities are
centralized in one officer who will be
accountable to Council. It will remain his
responsibility to carry the Program to the
General Assembly. All communications to
Members of the General Assembly must be from
the Legislative Liaison, and all communica-
tions from members of the General Assembly to
the City should be through the Legislative
Liaison. The City Clerk will provide her
usual fine clerical support to the Legislative
Committee.
It is apparent that the revenue adjustments
which are presently being made at the State
level will have a serious impact on our
Roanoke City budget. As budget adjustments
are made, I strongly reconmmnd that our
Administrators take every possible action to
assure the continuation of the high quality of
services we provide for the citizens of
Roanoke. Any budget cuts or adjustments
should be designed to limit any adverse impact
on services. Our citizens are not responsible
for the drop in State revenues, and since they
will continue to pay their fair share, they
have every right to expect continuity of our
traditionally high level of service.
536
I was asked recently if I believed the
citizens of the City and County will vote
favorably on consolidation. My reply was that
every citizen has the right and privilege of
voting according to their personal convic-
tions, ttowever, I firmly believe that if the
citizens of Roanoke City and Roanoke County
fully understand the advantages of consolida-
tion, and if they are willing for our govern-
ments to become all they can be at the
smallest possible cost to the citizens, they
will vote in favor of the merger. Unnecessary
duplications will be eliminated. Many
services will be combined. City and County
workers will retain jobs and staff adjustments
will be made through the retirement process.
I often hear the call for cooperation which is
proper and right. That means that we should
act or operate jointly with another or others.
Cooperation is collective action for mutual
profit or common benefit. That is, indeed,
what we need in the Roanoke Valley community.
The City and County must see each other as
equals. Each government will bring its own
unique qualities and assets to the merger
experience. I sincerely believe the merger is
best for our two governments, and I hasten to
add that I have no desire to offend those who
oppose consolidation. ! want the best for all
of us, and I am convinced that we can achieve
a great victory and reach the ultimate level
of success and efficiency if we are willing to
combine all of our efforts, assets, and
resources for the establishment of the Roanoke
Metropolitan Government.
Very often when I perform marriage ceremonies,
we engage in the lighting of the unity candle.
In that experience, the newly pronounced
husband and wife approach the unity candle.
Each person lifts a burning candle from the
same level and together the husband and wife
light the unity candle. That is symbolic of
the two becoming one in the bond of matrimony.
In merging the Roanoke City and Roanoke County
governments, we will, in effect, move from the
same level to a higher plane where we light
the unity candle symbolizing our oneness, our
commonality of purpose, and our desire to
provide the highest quality of life for all of
our ci ti zens.
I strongly recommend our favorable considera-
tion of the merger. Let"s do it now.m
537
m'
ACTION:
ACTION:
ACTION:
At this point, 8:25 p.m., Mrs. Bowles entered the meeting.
Following presentation of the State of the City Address, the Mayor
relinquished the Chair to the Vice-Mayor at 8:25 p.m.
Mr. Harvey moved that Recommendations No. 1 through No. 6 be
referred to the City Manager for review and report to Council. The
motion was seconded by Mr. White and unanimously adopted.
At 8:30 p.m., the Vice-Mayor relinquished the Chair to the Mayor.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor proclaimed the week
of September 17 - 21, 1990, as ROANOKE'S NEIGHBORHOOD WEEK, and com-
mended and applauded neighborhood leaders, officials, community repre-
sentatives and staff for the great work they perform in revitalizing
and strengthening the ne';ghborhoods.
The Mayor presented the proclamation to Ms. Barbara Duerk, Chair-
man, Roanoke Neighborhood Partnership Steering Committee, in com-
memoration of the Tenth Anniversary of the Partnership. He advised
that numerous activities have been planned in celebration of the occa-
sion.
Ms. Duerk expressed appreciation to the Mayor and Members of
Council for recognizing the Partnership and for the opportunity to
celebrate ten years of service to the Roanoke community.
SCHOOLS: The Mayor advised that at the regular meeting of Council
held on Monday, August 27, 1990, the names of Mr. Charles W. Day and
Mr. Delvis O. McCadden were taken under consideration for appointment
to the Roanoke City School Board to fill the unexpired term of Mr. E.
Clabon Edwards, resigned, commencing on September 10, 1990, and ending
on June 30, 1993; whereupon, the Mayor opened the floor for nominations
to fill the vacancies.
Mr. White placed in nomination the name of Mr. Charles W. Day.
Mr. Fitzpatrick placed in nomination the name of Mr. Delvis O.
McCadden.
There being no further nominations, Mr. Charles W. Day was elected
as a member of the Roanoke City School Board to fill the unexpired term
of Mr. E. Clabon Edwards, resigned, commencing on September 10, lggO,
and ending on June 30, 1993, by the following vote:
FOR MR. DAY: Council Members Bowers, Bowles, Harvey, Musser,
White and Mayor Taylor ................ 6.
FOR MR. MCCADDEN: Council Member Fitzpatrick.
-1.
In order to make the vote unanimous, Mr. Fitzpatrick changed his
vote in favor of Mr. Day; therefore, the vote was recorded as follows:
538
ACTION:
ACTION:
ACTION:
ACTION:
FOR MR. DAY: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ........... 7.
FOR MR. MCCADDEN: None ...........
BID OPENINGS:
STREETS AND ALLEYS-INDUSTRIES: Pursuant to notice of adver-
tisement for bids for realignment and relocation of Thirlane Road,
N. W., from Peters Creek Road IRoute 117) for approximately 1.6 miles,
said bids to be received by the City Clerk until 4:30 p.m., on Monday,
September 17, 1990, and to be held, opened and read before the Council
at 7:30 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
S. R. Draper Paving Company
Joe Bandy & Son, Inc.
Branch Highways
H. T. Bowling, Inc.
Allegheny Construction Company, Inc.
W. C. English, Inc.
Robertson-Fowler Co.
J. Fletcher Creamer & Son, Inc.
$1,261,160.07
1,267,530.90
1,278,522.85
1,291,084.55
1,369,823.10
1,369,996.37
1,426,878.42
1,719,907.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
The Mayor appointed William White, Sr., Chairman, William F. Clark
and Kit B. Kiser as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to four requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; to discuss a personnel
matter, specifically the appointment of a specific public officer; to
discuss a matter regarding acquisition and/or use of real property for
public purpose, and/or disposition of publicly held property and to
discuss specific legal matters requiring the provision of legal advice
539
II
ACTION:
ACTION:
ACTION:
by counsel, specifically relating to the terms and conditions of a pro-
posed agreement for new regional landfill facilities; and to discuss a
matter with regard to disposition of publicly held property, specifi-
cally conveyance of a parcel of land for economic development purposes.
MINUTES: Minutes of the regular meetings of Council held on
Monday, May 7, 1990; Monday, May 14, 1990; Monday, May 21, 1990; and
Tuesday, May 29, 1990, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the reading of the minutes be dispensed
with and that the minutes be approved as recorded. The motion was
seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ..... 7.
NAYS: None-- O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (Al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the request of the
Mayor to convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (Al (1),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
White and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ...................... 7.
NAYS: None ..................
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss a personnel matter, specifi-
cally the appointment of a specific public officer, in accordance with
Section 2.1-344 (Al (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the request of the
Vice-Mayor to convene in Executive Session to discuss a personnel
matter, specifically the appointment of a specific public officer, in
accordance with Section 2.1-344 (Al (1), Code of Virginia (1950), as
amended. The motion was seconded by Mr. White and adopted by the
following vote:
54O
ACTION:
ACTION:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .......... 7.
NAYS: None ....... O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter with regard to acquisition and/or use of
real property for public purposes, and/or disposition of publicly ))eld
property and to discuss specific legal matters requiring the provision
of legal advice by counsel, specifically relating to the terms and con-
ditions of a proposed agreement for new regional landfill facilities,
pursuant to Sections 2.1-344 (Al (3) and 2.1-344 (Al (7), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the request of the
City Manager to convene in Executive Session to discuss a matter with
regard to acquisition and/or use of real property for public purposes,
and/or disposition of publicly held property and to discuss specific
legal matters requiring the provision of legal advice by counsel, spe-
cifically relating to the terms and conditions of a proposed agreement
for new regional landfill facilities, pursuant to Sections 2.1-344
(Al (3) and 2.1-344 (Al (7), Code of Virginia (1950), as amended. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ........... --7.
NAYS: None .........
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter with regard to disposition of publicly held
property, specifically conveyance of a parcel of land for economic
development purposes, pursuant to Section 2.1-344 (Al (3), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the request of the
City Manager to convene in Executive Session to discuss a matter with
regard to disposition of publicly held property, specifically con-
veyance of a parcel of land for economic development purposes, pursuant
to Section 2.1-344 (Al (3), Code of Virginia (1950), as amended. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ......... 7.
NAYS: None ........
541
ACTION:
ACTION:
ACTION:
HOUSING: A communication from Mr. Wallace I. Allen tendering his
resignation as a member of the City of Roanoke Redevelopment and
Housing Authority Board of Commissioners, due to recent unanticipated
developments in his life which were unexpected and will inhibit his
ability to effectively discharge his responsibilities, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the resignation be accepted with regret
and that the communication be received and filed. The motion was
seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor. - ...... 7.
NAYS: None--
PENDING LIST: A list of items pending from July 10, 1978, through
August 27, 1990, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the pending list be received and filed.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowers,
Musser, White and Mayor Taylor-
NAYS: None-
Bowles, Fitzpatrick, Harvey,
LIBRARIES: A report of qualification of Ms. Elizabeth B. Watts
as a member of the Roanoke Public Library Board, for a term of three
years ending June 30, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mr. White and adopted by the
following vote:
AYES: Council Members Bowers,
Musser, White and Mayor Taylor--
NAYS: None--
Bowles, Fitzpatrick, Harvey,
'7,
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TRAFFIC: Mr. David M. Nance, 3555 Grandin Road, S. W., appeared
before Council, representing residents of the Greater Mudlick/Deyerle
Neighborhood including Airview Court, Westchester, Westchester Court,
Windsor Hills, Windsor Court and Hidden Valley Estates. He requested
542
that Council direct the City Manager to remove the recently installed
"No Left Turn" sign at the intersection of Grandin Road Extension and
Mudlick Road.
Mr. Nance advised that the sign should be removed for the follow-
ing reasons:
(1)
Residents of the neighborhoods need to use
Mudlick Road during the morning hours in order
to travel to their places of work, for
shopping and to take their children to neigh-
borhood pre-schools, Grace Academy and Woodrow
Wilson Middle School.
It is fundamentally unfair for the City to
attempt to re-route traffic flow which in
effect, removes traffic from Mudlick Road and
diverts it to Grandin Road Extension.
(3)
To force many of the people in the neigh-
borhoods to travel Grandin Road Extension,
especially during school months, creates an
additional safety hazard.
(4)
According to City officials, the installation
of the sign was part of a series of traffic
control measures agreed to by the City in
exchange for the leaders of one neighborhood
association agreeing not to oppose the Peters
Creek Road Extension; that this agreement was
concluded as a result of at least three closed
door meetings in which a majority of residents
were not represented; and it is unfortunate
that representatives from each potentially
affected street were not allowed to par-
ticipate.
(5)
If and when Peters Creek Road Extensionn is
completed, then and only then, should traffic
control measures be studied to determine if it
is necessary to relieve traffic on Mudlick and
Deyerle Roads; and to force so-called traffic
control measures on many of the residents of
the area at least five years before completion
of the Peters Creek Road Extension is not
reasonable or fair.
In concluding, Mr. Nance requested that Council intercede on their
behalf inasmuch as a majority of affected residents were not repre-
sented during the conflict resolution process by directing the City
Administration to remove the "No Left Turn" sign as soon as possible.
(For full text, see statement on file in the City Clerk's Office.)
543
ACTION:
Mr. Harvey requested that the City Manager report to Council with
regard to the type of notification which was given to residents of the
area, if the meetings were limited to 20 persons, and if, in fact, the
citizens were told to hold the contents of the meeting in confiden-
tiality.
The City Manager advised that he was not prepared to go into
detail on the matter; however, he had a chance to talk with Mr. Nance
early on about the project when he expressed his frustrations about not
being included in the meeting. He stated that he advised Mr. Nance, as
well as other business persons, that once school was in session, the
City would recount the traffic to determine what impact the turning
movements have had. He added that he would be happy to report to
Council, in writing, in reference to efforts by City staff to promote
participation among the neighborhoods.
Mr. Herbert explained that the City's goal is to make sure that it
does not damage the neighborhood, but continues to serve the greatest
good for the greatest number of people. He advised that during this
week, traffic counters will be reviewing both the pre-turning movement
count, as well as the post-turning movement count, and it is hoped to
come back to Council with a recommendation in the near future after
having analyzed all of the information and after meeting with the
neighborhood organization.
Ms. Harriet McClung, 2347 Johns Lane, S. W., appeared before
Council and advised that she has lived in the neighborhood for 23
years. She expressed concern for the 50 plus families from Roanoke
County who need to make a left turn on to Mudlick Road each morning in
order to take their children to kindergarten at tile Windsor Hills
Methodist Church. She stated that they have to go out of their way in
order to reach their destination.
Following discussion, Mr. Harvey moved that the matter be referred
to the City Manager for review and report to Council, including such
information as to efforts of the City to encourage neighborhood par-
ticipation prior to the time that a decision was made to prohibit left-
turns on to Mudlick Road. The motion was seconded by Mr. Bowers and
unanimously adopted.
SCHOOLS-SWIMMING POOLS: Mr. Douglas J. Fonder, representing
Roanoke Valley Swimming, Inc., appeared before Council and advised that
last year a request was made through the Department of Parks and
Recreation to the City Manager in connection with establishing a year
round swimming facility that would be open to the public, the school
system, and to City and Valley residents; and a committee was appointed
to study the matter and the committee's recommendation was that it
might not be a good time for the City to engage in discussions
regarding the matter due to financial reasons. He stated that the
organization he represents, which is a 501(C)(3), non-profit group, I~as
an interest in fostering swimming in the Roanoke Valley, both from a
learning to swim aspect as well as a competitive aspect. He further
stated that meetings were held with Dr. Charles L. Downs, President,
Virginia Western Community College, and Dr. Frank P. Tota, Superinten-
dent of Schools, and the consensus was that it is important to keep the
ACTION:
program within the public school system; and the location, which was
agreed upon between the school system and Roanoke Valley Swimming,
Inc., is the site between Fishburn Park Elementary School and James
Madison Middle School, adjacent to Virginia Western Community College.
He advised that Roanoke Valley Swimming, Inc., would raise the money to
build the swimming pool; and the school system would conduct programs
during the school day, and community programs and competitive swimming
would be held during the evening hours. He stated that there is no
other public indoor swimming pool in the Roanoke Valley and such a
facility is desperately needed.
Mr. Bowers moved that tile matter be referred to the City Manager
for study, report and recon~aendation to Council. The motion was
seconded by Mr. Fitzpatrick and unanimously adopted.
Mr. White advised that if the proposal is excepted, provisions
should be made to make the facility available to the total community.
He also called attention to the fact that there may be a need on the
part of Virginia Western Community College to expand in the future in
the area proposed for the indoor swimming pool. He questioned whether
or not one of the two exist swimming pools could be retrofitted with
collapsable roof and provide for year round use.
Mr. White requested that the City Manager address the following
questions in his report to Council:
(1) Is there any assurance that the swimming pool
will be available to the total community?
(2)
Is the proposed site the best location
inasmuch as Virginia Western Comm..unity College
may need additional space for expansion in the
future?
(3)
Was the idea taken into consideration of
retrofitting the City's two existing swimming
pools with a collapsable roof in order to pro-
vide for year round use?
PETITIONS AND COMMUNICATIONS:
COALITION OF LOCAL GOVERNMENT OFFICIALS: A communication from
Vice-Mayor Howard E. Musser with regard to the formation of a Coalition
of Local Government Officials of Southwest Virginia, was before
Council.
The Vice-Mayor advised that he had the opportunity to discuss the
consolidation issue with governmental leaders from Southwest Virginia
during the Virginia Municipal League in Williamsburg; and no cities,
towns or counties can afford the luxury of future actions with self-
serving-motives because the actions taken by one locality affect all
localities to some degree in the southwestern part of the state. Mr.
545
ACTION:
ACTION:
Musser further advised that considering the effect that the actions
have on other localities, either direct or indirect, and considering
the downturn in the economy, along with the effect that state budget
cuts will have, he would like to request that the City of Roanoke take
the initiative and contact leaders in other cities, towns and counties
west of Roanoke with the possibility of forming a Coalition of Local
Government Officials of Southwest Virginia; that the purpose of which
would be to meet and discuss problems and possible solutions to
problems that affect all localities.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Musser moved that the matter be referred to the Mayor and the
City Manager to pursue the suggestion and determine if there is an
interest in forming a Coalition of Local Government Officials of South-
west Virginia. The motion was seconded by Mr. Harvey and unanimously
adopted.
TAXICABS/FOR-HIRE AUTOMOBILES: A petition from Mr. Richard F.
Pence, Attorney, representing Yellow Cab Services of Roanoke, Inc.,
requesting an adjustment in rates for taxicab service and for-hire
automobiles in the City, pursuant to Section 34-130 of the Code of the
City of Roanoke (1979), as amended, was before Council.
It was advised that there has been no increase in taxicab fares
for five years; that because of continuing and substantial increases in
the cost of doing business, the petitioner is compelled to petition
Council for an adjustment in the rates for service; and the proposed
new rates represent an approximate 17 per cent increase over present
rates and are required if the cab company is to partially offset
increased costs of doing business which have been experienced since the
last increase which was approved by Council on August 26, 1985.
Mr. Pence explained that increased costs are dramatic; viz: wages
(office and garage) are up 80 per cent over 1985 wages, insurance 100
per cent, the cost of new taxicabs has increased 30 per cent, and other
costs are commensurately higher.
(For full text, see petition on file in the City Clerk's Office.)
Mrs. Bowles moved that the matter be referred to the City Manager
and the City Attorney for study, report and recommendation to Council.
The motion was seconded by Mr. Bowers and unanimously adopted.
Mr. Harvey requested that the City Manager determine if there is a
method by which the rate increase could be granted temporarily which
would provide that if the price of fuel decreases, taxicab rates would
also decrease.
Mr. White requested that the City Manager provide information with
regard to the number of users of the taxicab service and the times of
the month when persons tend to use the service with more frequency.
Also, he asked that the City Manager determine the reason why Yellow
Cab Services has not requested a rate in five years.
546
ACTION:
Mr. Fitzpatrick requested that the City Manager review the feasi-
bility of escalating taxicab rates each year based on the Consumer
Price Index.
Mr. Pence advised that the troubles of Yellow Cab Company are
chronic, and the rate increase has been on the mind of Mr. Roberts for
many months, long before the trouble in the Middle East surfaced and
has nothing to do with the cost of fuel. He reiterated that the com-
pany has not had a rate increase in the last five years.
BONDS-INDUSTRIES: A communication from Mr. Ha)~ell M. Darby, Jr.,
Attorney, representing the Industrial Development Authority of the City
of Roanoke, requesting approval of a plan to assist Roanoke Memorial
Hospitals, Community Hospital of Roanoke Valley, and Franklin Memorial
Hospital in financing a portion of the costs of the acquisition,
construction, renovation and equipping of certain health care facili-
ties, and refund of certain bonds and notes previously issued by the
Authority for the benefit of Franklin Memorial Hospital and Community
Hospital of Roanoke Valley, by issuance of not to exceed
$173,000,000.00 of industrial development revenue bonds, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#30230-91790) A RESOLUTION of the City Council of the City of
Roanoke, Virginia approving, among other things, the issuance of not to
exceed $173,000,000.00 aggregate principal amount of the Industrial
Development Authority of the City of Roanoke, Virginia Hospital Revenue
Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley
and Franklin Memorial Hospital Project) Series 1990, to the extent
required by Section 147 of the Internal Revenue Code of 1986, as
amended.
(For full text of Resolution, see Resolution Book No. 52, page 79.)
Mr. Bowers moved the adoption of Resolution No. 30230-91790. The
motion was seconded by Mr. Fitzpatrick.
With regard to a matter of this magnitude, Mr. White advised that
he would hope in the future that Council would be given more background
information and a detailed briefing prior to the time that Council
Members are expected to cast their vote. Further, he stated that he
would like to go on record requesting the business people involved to
consider using the services of local contractors, suppliers, and
laborers for the project.
Vice-Mayor Musser and Council Member Harvey reiterated the remarks
of Mr. White with regard to using the services of local contractors,
suppliers, and laborers.
Resolution No. 30230-91790 was adopted by the following vote:
547
AYES:
White ....
Council Members Bowers, Fitzpatrick, Harvey, Musser and
NAYS: None ................
Oo
(Mayor Taylor abstained from discussion and voting inasmuch as he ser-
ves on the Board of Directors of Roanoke Memorial Hospitals.)
(Council Member Bowles abstained from voting inasmuch as she serves on
the Board of Directors of Community Hospital of Roanoke Valley.)
m
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-BRIDGES: The City Manager submitted a written report
advising that the Virginia Department of Transportation (VDOT) con-
tinuously develops various phases of Council approved highway projects,
which include preliminary engineering, right of way acquisition and
project construction; that billings to the City from the Department of
Transportation are done on a monthly basis, and the City's share is
generally five per cent for plan development phases authorized prior to
July 1, 1989, and two per cent phases authorized after that date; and
Capital Fund accounts are established for each project in the amount of
the estimated billings that are anticipated for the year, which provi-
des for easier payments of interim bills; however, there may be instan-
ces when additional requests to Council for transfers are needed to
cover interim bills.
It was further advised that the Capital Improvement Program
approved for fiscal years 1990-1994 includes $837,634.00 to provide for
the City's share of anticipated highway project costs over a three year
period, and of this amount, $194,409.00 is designated to come from the
1988 Bond Series; that appropriation, in the amount of $90,000.00, from
the Streets and Bridges Category of 1988 Bond Series to individual pro-
ject accounts is needed to cover anticipated billings; and individual
projects are funded from their respective highway accounts and utility
accounts depending upon the extent of water and sewer relocation needed
on each project.
It was explained that three of the eight highway construction pro-
jects for which funds are currently allocated in the Six-Year Improve-
ment Program of the Transportation Department require continued funding
in order to meet the costs anticipated on the projects for fiscal year
1990-91; and transfers are necessary for the three projects, inasmuch
as the other projects have sufficient allocations from previous years
to meet anticipated billings.
The City Manager recommended that Council authorize the Director
of Finance to transfer $90,000.00 from the Streets and Bridges Category
of 1988 Bond Series to individual project accounts, as follff~s:
548
ACTION:
Franklin Road Widening
Account No. 008-052-9596-9003)
$70,000.00
Peters Creek Road Extension
Account No. 008-052-9595-9003)
10,000.00
Brandon Avenue Widening
Account to be established by the Director
of Finance
10,000.00
$90,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#30231-91790) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 81.)
Mr. Bowers moved the adoption of Ordinance No. 30231-91790. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .......... 7.
NAYS: None ......... O.
BRIDGES: The City Manager submitted a written report advising
that Council, at its meeting on Monday, April 28, 1986, adopted
Resolution No. 28109 requesting that the Virginia Department of
Transportation program a project for the replacement of the Fifth
Street Bridge over the Norfolk and Western Railroad; that the
Department of Transportation subsequently included the bridge replace-
ment project in its Six-Year Highway Improvement Program, and included
the widening of Fifth Street south to Salem Avenue, S. W., and north to
Gilmer Avenue, N. W., such that the roadway could adequately serve
traffic approaching the bridge.
It was further advised that the Fifth Street Bridge presently is a
two-lane facility that carries approximately 9,900 vehicles per day
with 12,600 vehicles per day projected for the year 2010; that the pre-
sent seven ton weight restriction and an anticipated traffic increase
have necessitated the proposed improvements in order to provide for a
safe and efficient travel facility; and the proposed design consists of
four, 12-foot lanes which will provide for two lanes of travel in each
direction, as well as new curb, gutter, and sidewalk to be provided on
both sides of the project.
It was explained that a citizen information meeting was held on
June 20, 1989, in the Council~Chamber, to provide interested persons
with an opportunity to informally review and discuss the preliminary
plans for the project; that a "Notice of Willingness to Hold a Combined
549
ACTXON:
Location and Design Public Hearing" for the project was advertised by
the Department of Transportation on March 23, 1990; that no requests
were received to hold a public hearing by the April 27, 1990, deadline;
and the cost estimate, in the amount of $2,440,000.00, will be shared
by the Department of Transportation and the City.
It was further explained that the Department of Transportation
will pay approximately 95 per cent of the engineering phase costs and
98 per cent of the right-of-way phase and construction phase costs, in
the amount of $2,382,200.00; that the City will pay approximately five
per cent of the engineering phase costs and two per cent of the right-
of-way phase and construction phase cost, in the amount of $57,800.00;
that a Resolution from Council approving the location and major design
features of the proposed project as presently designed will enable the
Commonwealth Transportation Board to also act upon the project; that
approval by Council and the Board will enable the Department of Trans-
portation to begin right-of-way acquisition in late 1990; that after
right-of-way has been obtained, the project will be ready for adver-
tisement as early as July, 1992; and inasmuch as it will be necessary
for the bridge to be closed during construction, in no case will it be
closed until the new Second Street Bridge has been opened to traffic.
The City Manager recommended that Council approve the location and
major design features of the replacement of Fifth Street Bridge over
Norfolk and Western Railroad from Salem Avenue, S. W., to Gilmer
Avenue, N. W., as presently designed; that Council request the
Department of Transportation to acquire all rights-of-way necessary for
the project conveying said rights-of-way to the City of Roanoke at the
appropriate time; and authorize the City Manager to execute, on behalf
of the City, all necessary railroad and utility agreements required in
conjunction with acquiring such rights-of-way.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#30232-91790) A RESOLUTION approving the location and design of
the Fifth Street Bridge over the tracks of the Norfolk and Western
Railroad Company and requesting the Virginia Department of Transporta-
tion to acquire right-of-way for such project.
(For full text of Resolution, see Resolution Book No. 52, page B2.)
Mr. Musser moved the adoption of Resolution No. 30232-91790. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ........................ 7.
NAYS: None .......... O.
55O
ACTION:
SPECIAL PERMITS-UNITED WAY OF ROANOKE VALLEY: The City Manager
submitted a written report advising that Council has granted permission
to various civic groups and the United Way of Roanoke Valley in the
past to hang flags from street lighting poles within the downtown area;
that pursuant to communication under date of August 24, 1990, Ms.
Charity L. Myerly, Communications Director, United Way of Roanoke
Valley, has requested permission to fly three feet by five feet United
Way flags from street lighting poles in the Central Business District;
and Council was advised pursuant to a communication under date of
September 4, 1990, from the City Manager that emergency permission was
granted to the United Way of Roanoke Valley to display the flags from
September 9, 1990, through September 30, 1990, since Council was not
scheduled to meet until September 17, 1990.
The City Manager recommended that Council grant permission to the
United Way of Roanoke Valley to hang flags from street lighting poles
in the Central Business District of the City, acknowledging that
emergency permission was previously given by the City Manager.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#30233) AN ORDINANCE granting to the United Way of Roanoke
Valley, Inc., a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions, and ratifying a previous decision by the
City Manager in the matter.
(For full text of Ordinance, see Ordinance Book No. 52, page 87.)
The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ............ 7.
NAYS: None ................
WATER DEPARTMENT-CITY PROPERTY: The City Manager submitted a
written report advising that renewal of the lease of Sun Valley Swim
Club property to Sun Valley Swim & Slide, Inc., for a term of five
years was authorized by Council, pursuant to Ordinance No. 30205-82790
adopted on Monday, August 27, 1990; that transfer of the lease of Sun
Valley Swim Club from Sun Valley Swim & Slide, Inc., to H.S.N.I. Corp.,
T/A Sun Valley Swim Club was requested by communications under date of
August 30, 1990; and conditions and requirements of the lease granted
to Sun Valley Swim & Slide will remain in effect under management of
the new lessee.
551
ACTION:
The City Manager recommended that Council authorize appropriate
City officials to execute a lease of the Sun Valley Swim Club property,
pursuant to the same terms and conditions previously established, pur-
suant to Ordinance No. 30205-82790, for Sun Valley Swim & Slide, Inc.,
to H.S.N.I. Corp., T/A Sun Valley Swim Club.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30234) AN ORDINANCE authorizing the proper City officials to
enter into a certain lease agreement with H.S.N.I. Corp., T/A Sun
Valley Swim Club for the Sun Valley Swim Club and Campground property,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 88.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ...... 7.
NAYS: None- O.
REPORTS OF COMMITTEES:
SALE/PURCHASE OF PROPERTY-ELECTIONS: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, with regard to declaration of
surplus property located at 306 6th Street; and the lease of certain
property for Electoral Board use.
A staff report advised that 306 6th Street has been in City owner-
ship for a number of years, and has been used as follows:
school system maintenance headquarters prior to the
dedication of the old Naval Reserve Armory for that
use;
lease of. a portion to Unified Human
Transportation System, Inc., T/A RADAR
operational facility; and
Services
for an
storage of approximately 30 of the 85 voting booths
in the space not leased to RADAR.
It was further advised that new property has been purchased by
RADAR; that RADAR has moved out and the City has assumed complete
control of 306 6th Street; and an offer to lease the RADAR property
located at 2121 Salem Avenue, S. W., to the City has been received,
which property will be used to store and maintain voting booths.
552
ACTION:
ACTION:
It was explained that the Electoral Board desires to move voting
booths to the offered location due to more storage and maintenance
space and ease of moving the equipment; that the form of lease has been
negotiated and offered by RADAR at an initial cost of $7,200.00
annually; and current property at 306 6th Street is in need of main-
tenance and is not conducive to continued economical use by the City.
The Water Resources Committee recommended that Council authorize
the lease of 3,098 square feet of space to be used for storage,
security and maintenance of voting booths at the initial cost of
$7,200.00 annually, subject to approval by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#30235-91790) AN ORDINANCE authorizing a lease by the City of
certain property located at 2121 Salem Avenue from Unified Human
Services Transportation Systems, Inc., upon certain terms and con-
ditions and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 83.)
Mrs. Bowles moved the adoption of Ordinance No. 30235-91790. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ................. 7.
NAYS: None .......... O.
Mrs. Bowles offered the following Resolution:
(#30236-91790) A RESOLUTION declaring certain city owned property
located at 306 6th Street to be surplus and authorizing the solicita-
tion of sealed proposals for such property, upon certain terms and con-
ditions.
(For full text of Resolution, see Resolution Book No. 52, page 83.)
Mrs. Bowles moved the adoption of Resolution No. 30236-91790. The
motion was seconded by Mr. Fitzpatrick and adopted by the .following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .......... 7.
NAYS: None ....... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
553
ACTION:
ACTION:
SPECIAL PERMITS: Ordinance No, 30212-91790 granting to the
Vietnam Veterans of America, Chapter 81, a revocable permit to mount
American flags on street lighting poles in the Central Business
District of the City, upon certain terms and conditions, having pre-
viously been before the Council for its first reading on Monday,
August 27, 1990, read and adopted on its first reading and laid over,
was again before the body, Mr. Bowers offering the following for its
second reading and final adoption:
(#30212-91790) AN ORDINANCE granting to the Vietnam Veterans of
America, Chapter 81, a revocable permit to mount American flags on
street lighting poles in the Central Business District of the City,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 77.)
Mr. Bowers moved the adoption of Ordinance No. 30212-91790. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor-- 7.
NAYS: None .....
Oe
Mr. Bowers requested that the City Manager contact the Roanoke
Valley Veterans Council with regard to extending the program to street
lighting poles on Elm Avenue, S. E., in the vicinity of Community
Hospital of Roanoke Valley.
SPECIAL PERMITS-CENTER IN THE SQUARE: Ordinance No. 30216-91790
granting a revocable license for the construction of certain building
appendages encroaching over and into the right-of-way of Church Avenue,
S. E., located at Center In The Square, having previously been before
the Council for its first reading on Monday, August 27, 1990, read and
adopted on its first reading and laid over, was again before the body,
Mr. Fitzpatrick offering the following for its second reading and final
adoption:
(#30216-91790) AN ORDINANCE granting a revocable license for the
construction of certain building appendages encroaching over and into
the right-of-way of Church Avenue, S. E., located at Center In The
Square, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 78.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30216-91790.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .... 7.
NAYS: None--- O.
554
ACTION:
ACTION:
SALE/PURCHASE OF PROPERTY-INDUSTRIES: Ordinance No. 30221-91790
authorizing execution of an option for the sale of approximately 28.26
acres of land within the Roanoke Centre for Industry and Technology to
Elizabeth Arden Company, and authorizing execution of the requisite
deed conveying such property, identified as Official Tax No. 7210101,
for the sum of $706,500.00, such option to be for the consideration of
$25,000.00, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, August 27, 1990,
read and adopted on its first reading and laid over, was again before
the body, Mrs. Bowles offering the following for its second reading and
final adoption:
1#30221-91790) AN ORDINANCE authorizing the execution of an
option for the sale of approximately 28.26 acres of land within the
Roanoke Centre for Industry and Technology to Elizabeth Arden Company,
and authorizing the execution of the requisite deed conveying such pro-
perty.
(For full text of Ordinance, see Ordinance Book No. 52, page 79.)
Mrs. Bowles moved the adoption of Ordinance No. 30221-91790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ....... 7.
NAYS: None ........
COUNCIL-NATIONAL LEAGUE OF CITIES: Mr. Bowers offered the
following Resolution cancelling the regularly scheduled meeting of
Council on Monday, December 3, 1990, inasmuch as a majority of the
Members of Council will be in attendance at the Annual Congress of
Cities Conference to be held on December 1 - 5, 1990, in Houston,
Texas:
(#3023/-91790) A RESOLUTION cancelling the regularly scheduled
meeting of City Council on December 3, 1990.
(For full text of Resolution, see Resolution Book No. 52, page 84.)
Mr. Bowers moved the adoption of Resolution No. 30237-91790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ....... .-7.
NAYS: None .........
Om
COUNCIL-NATIONAL LEAGUE OF CITIES: Mrs. Bowles offered the
following Resolution designating the Honorable Noel C. Taylor, Mayor,
and the Honorable Howard E. Musser, Vice-Mayor, as Voting Delegate and
Alternate Voting Delegate, respectively, for the Annual Business
Meeting of the Congress of Cities to be held on December I - 5, 1990,
in Houston, Texas:
555
il
ACTION:
ACTION:
(#30238-91790) A RESOLUTION designating a Voting Delegate and
Alternate Voting Delegate for the Annual Business Meeting of the
Congress of Cities.
(For full text of Resolution, see Resolution Book No. 52, page 84.)
Mrs. Bowles moved the adoption of Resolution No. 30238-91790. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ............................ 7.
NAYS: None ................ O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO~ENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
CITY ATTORNEY-DIRECTOR OF FINANCE-CITY CLERK: The Mayor advised
that the two year terms of office of Mr. Wilburn C. Dibling, Jr., as
City Attorney; Mr. Joel M. Schlanger, as Director of Finance; and Ms.
Mary F. Parker, as City Clerk, will expire on September 30, 1990, and
called for nominations to fill the vacancies.
Mr. Harvey placed in the nomination the names of Mr. Wilburn C.
Dibling, Jr., as City A%Lorney; Mr. Joel M. Schlanger, as Director of
Finance; and Ms. Mary F. Parker, as City Clerk.
There being no further nominations, Mr. Dibling was reappointed as
City Attorney; Mr. Schlanger was reappointed as Director of Finance;
and Ms. Parker was reappointed as City Clerk for terms of two years,
each, com~nencing October 1, 1990, and ending September 30, 1992, by the
following vote:
FOR MR. DIBLING, MR. SCHLANGER AND MS. PARKER: Council Members
Bowers, Bowles, Fitzpatrick, Harvey, Musser, White and Mayor Taylor--7.
OTHER HEARINGS OF CITIZENS:
MISCELLANEOUS-PARKS AND PLAYGROUNDS: Ms. Debbie A. Wolfe, Route
4, Box 1514, Rocky Mount, Virginia, appeared before Council and advised
that many people in the Roanoke Valley and surrounding areas have
expressed a desire to see a large yellow ribbon placed on the Mill
Mountain Star, which would demonstrate tremendous support for the mili-
tary personnel in the Persian Gulf. She stated that over the past two
days, over two thousand signatures have been collected from people who
are in support of the proposal, and local businesses have offered to
provide the necessary funding. She asked that Council act favorably on
the request.
Mr. Musser stated that he was advised by the Roanoke Valley
Veterans Council that they have obtained a permit from the City
Manager's Office to place large yellow ribbons around the two elm trees
556
ACTION:
ACTION:
in Lee Plaza which will be plastic-coated in order to provide for dura-
bility; and the Veterans Council plans to sponsor a special candle
light service which will be open to the Roanoke Valley community on
Tuesday, October 2, 1990, at 7:30 p.m., in Lee Plaza.
Mr. Harvey Barker, 1119 Franklin Road, S. W., representing the
Roanoke Valley Veterans Council, advised that yellow ribbons would pro-
vide a symbol of concern by the community; that it is the desire of the
Veterans Council to sponsor a community project, and, to that end, they
have requested a proclamation which will be signed by the Mayors and
Chairman of the Roanoke Valley governments.
Mr. William Burtch, 1915 Grandin Road, S. W., advised that Crea-
tive Advertising has provided an estimate of $1,000.00 to $2,000.00 to
place the ribbon on or around the Mill Mountain Star; that he has
received the backing of the private sector for that amount of money,
and the City would need to be responsible for the actual installation.
Following discussion, Mr. Musser moved that the matter be referred
to the City Manager for study, report and recommendation to Council.
The motion was seconded by Mr. Harvey and unanimously adopted.
At 10:15 p.m., the Mayor declared the meeting in recess.
At 10:45 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ....... --7.
NAYS: None .......
-0.
BUDGET-CIVIC CENTER: The City Manager submitted a written report
advising that a fire occurred at the Roanoke Civic Center Auditorium on
Sunday, September 2, 1990, at approximately 5:30 p.m., in the rear
southwest corner of the Auditorium Lobby, mezzanine and adjoining
stairwell, which caused extensive smoke damage throughout the building;
that the City has insurance coverage on the facility, in the amount of
$32 million, with a $5,000.00 deductible; that the City immediately
contacted the insurance carrier who, through Industrial Risk Insurers,
confirmed that the fire is a covered peril under the policy, and
retained a fire damage expert to assist in the assessment of damages
and necessary clean up and decontamination; that the City simulta-
neously retained Hayes, Seay, Mattern and Mattern as its own consultant
557
ACTION:
ACTION:
to analyze the damages and protect the City's interests in restoring
the building to its pre-fire condition; that complete review and
assessment of the damage was prevented by on-site asbestos removal
which was in progress at the time of the fire; and the City's carrier
is responsible for 100 per cent of the clean up and restoration cost,
)ess the $5,000.00 deductible.
It was pointed out that both the City has been advised by Hayes,
Seay, Mattern and Mattern, as well as the City's insurance carrier's
consultant, that the smoke damage includes chemical contaminants which
must be removed as soon as possible to avoid further building and
equipment damage; that required cleaning involves a high degree of
expertise utilizing complex procedures and equipment; and a company
acceptable to the City's carrier, M. F. Bank Restoration Company, has
completed a scope of services for the work, at a cost not to exceed
$485,000.00, which has been approved by the City's consultant, as well
as the insurance carrier.
The City Manager recommended that Council authorize a contract
with M. F. Bank Restoration Company on an emergency basis, for cleaning
and decontamination of the Auditorium facility, with the City's insurer
to be responsible for the clean up costs, less the $5,000.00 deduc-
tible.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#30239-91790) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Civic Center Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 85.)
Mr. Bowers moved the adoption of Ordinance No. 30239-91790. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ............ 7.
NAYS: None ....... O.
Mr. Bowers offered the following Resolution:
(#30240-91790) A RESOLUTION authorizing the emergency procurement
of certain cleaning services for damages from the fire at the Roanoke
Civic Center Auditorium.
(For full text of Resolution, see Resolution Book No. 52, page 85.)
Mr. Bowers moved the adoption of Resolution No. 30240-91790. The
motion was seconded by Mr. Harvey and adopted by the following vote:
558
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ................ 7.
NAYS: None-- O.
VIRGINIA TECH-HOTEL ROANOKE-DOWNTOWN TRADE AND CONVENTION CENTER:
The City Manager submitted a written report advising that on August 30,
1990, the City entered into an agreement with Virginia Tech Real Estate
Foundation, Inc., and Virginia Polytechnic Institute & State Univer-
sity evidencing joint commitment to build a 50,000 - 75,000 square foot
conference center adjacent to The Hotel Roanoke, which agreement
recognizes the importance to the City of Roanoke that The Hotel Roanoke
be reopened and that conference center become a reality; that the next
step in this vital project is to secure an entity that will not only be
the developer for The Hotel Roanoke, but also be the developer for the
conference center and the provider of architectural and engineering
services, construction management services, and food and beverage ser-
vices for said conference center; and under normal circumstances, the
City Code and the Virginia Public Procurement Act would require that
food and beverage services be procured by sealed competitive bidding.
It was further advised that pursuant to the Code of the City of
Roanoke and the Virginia Public Procurement Act, it is clear that deve-
lopment, architectural, engineering and construction management ser-
vices may be obtained through the process of competitive negotiation;
that consultants for both Virginia Tech Real Estate Founda-tion, Inc.,
and the City have advised that in order to attract a developer to
undertake such an extensive project, and to make such project economi-
cally feasible, the hotel developer needs to be offered certain incen-
tives; that the City's consultant, Economics Research Associates, has
also advised that competitive sealed bidding for the food and beverage
service is not practicable or fiscally advantageous; and due to the
unique nature of this particular project, Section 11-41.C.1, of the
Code of Virginia (1950), as amended, is applicable, as follows:
"Upon determination made in advance by the public
body and set forth in writing that competitive
sealed bidding is either not practicable or not
fiscally advantageous to the public, goods, ser-
vices, or insurance may be procured by competitive
negotiation. The writing shall document the basis
for this determination."
It was explained that pursuant to the above State Code section,
Council has the authority to make a determination that in order to
insure the success of the overall project, food and beverage services
may be obtained through competitive negotiation; and Council previously
determined that the opening of the hotel and conference center adjacent
thereto are essential to the development of downtown Roanoke.
559
ACTION:
ACTION:
Because of the need to present an economically feasible project to
hotel developers, the City Manager requested that Council make a deter-
mination that procurement of food and beverage service for the Hotel
Roanoke Conference Center, by competitive sealed bidding, is not prac-
ticable nor fiscally advantageous to the public, and authorize procure-
ment of such services by use of the competitive negotiation process.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30241-91790) A RESOLUTION determining that competitive sealed
bidding is not practicable or fiscally advantageous to the public for
procurement of food and beverage services for the Hotel Roanoke
Conference Center Pro~ect, and authorizing procurement of such services
by use of the competitive negotiation process.
(For full text of Resolution, see Resolution Book No. 52, page 86.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30241-91790.
The motion was seconded by Mr. Harvey.
Mr. Bowers expressed concern about voting on the matter until he
received a more detailed briefing by the City Manager; whereupon, after
discussing the topic further he agreed that he would meet with the City
Manager at a later date to discuss his concerns.
Resolution No. 30241-91790 was then adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor- - ....... 7.
NAYS: None-
COUNCIL: Mrs. Bowles moved that Council extend the 11:00 p,m.,
City Council adjournment hour, as necessary, in order to complete the
remaining items of business on the Council's agenda. The motion was
seconded by Mr. White and unanimously adopted.
SALE/PURCHASE OF PROPERTY-HOUSING: The City Manager submitted a
written report advising that Council adopted the Downtown East
Redevelopment Plan on March 11, 196B, which was last revised in June,
1980; that the major objective of the Redevelopment Plan is to make the
land in the Downtown East Project area available for redevelopment by
private enterprise for use in'accordance with the terms of the
Redevelopment Plan; and the Roanoke Redevelopment and Housing Authority
conveyed to Hines-Colonial, Ltd., Parcel No. 2, as shown on the revised
map of the Downtown East Renewal Project dated December 5, 1975, and
recorded in the Office of the Clerk of the Circuit Court under date of
October 22, 1976.
560
ACTION:
It was further advised that an easement for parking of 266 motor
vehicles was conveyed by the Housing Authority to Hines-Colonial, Ltd.,
as an appurtenance to Parcel No. 2; that Parcel No. 2B and its appur-
tenant rights, including the parking easement, was conveyed by
Hines-Colonial, Ltd., to Colonial American National Bank which has
since merged with Crestar Bank; and Crestar Bank owns Parcel No. 2B and
the appurtenant parking easement which includes Parcels 2 and 2C of the
Housing Authority's Downtown East Renewal Project.
It was explained that a contract to sell Parcel No. 2 has been
agreed upon by the Housing Authority and the Norfolk and Western
Railway Company which will construct there a multi-story office
building; that release of the parking easement on Parcel No. 2 has been
agreed upon by Mutual of New York, Crestar Bank and the Roanoke
Redevelopment and Housing Authority; that the Housing Authority has
proposed to construct on Parcel No. 2C, a multi-story parking structure
and to grant Crestar Bank rights in said structure substantially
equivalent to its existing rights; and in order to construct an econo-
mically efficient parking garage, Hayes, Seay, Mattern and Mattern
advises that a portion of Crestar Plaza will be needed for the struc-
ture.
It was further explained that constitutional and statutory provi-
sions indicate that a City has the authority to sell or dispose of pro-
perty used as a park if said sale is authorized by an affirmative vote
of three-quarters of Council, and six affirmative votes on two con-
secutive readings, according to advice rendered by the City Attorney;
and conveyance is further supported by the argument that the land will
continue to be devoted to a "public use".
The City Manager recommended that he be authorized to execute a
deed of conveyance to convey, at no cost to the City, a portion of
Crestar Plaza, to the Roanoke Redevelopment and Housing Authority,
which deed of conveyance will be prepared by the City Attorney for
closing on or about October 4, 1990.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#30242) AN ORDINANCE providing for the conveyance by the City of
a certain parcel of land to the Roanoke Redevelopment and Housing
Authority.
(For full text of Ordinance, see Ordinance Book No. 52, page 89.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ....... 7.
NAYS: None ........ --0.
561
ACTION:
ACTION:
At 11:10 p.m., the Mayor declared the meeting in recess.
At 11:30 p.m., the meeting reconvened in the Council Chamber with
all Members of the Council in attendance, and with Mayor Taylor pre-
siding.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ................... 7.
NAYS: None ..........
MUNICIPAL AUDITOR: Mr. Musser offered the following Resolution
acknowledging the retirement of William L. Brogan, Municipal Auditor,
and appointing Robert H. Bird, Acting Municipal Auditor, effective from
the date of Mr. Brogan's retirement until a new Municipal Auditor shall
be elected and qualified:
(#30243-91790) A RESOLUTION acknowledging the retirement of
William L. Brogan, Municipal Auditor, and appointing Robert H. Bird as
Acting Municipal Auditor, effective from the date of Mr. Brogan's
retirement until a new Municipal Auditor shall be duly elected and
qualified.
(For full text of Resolution, see Resolution Book No. 52, page 87.)
Mr. Musser moved the adoption of Resolution No. 30243-91790. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ........... 7.
NAYS: None .............. O.
HOUSING: The Mayor advised that the four year terms of Ms.
Nallie B. Albergotti and Mr. Jack Loeb as members of the City of
Roanoke Redevelopment and Housing Authority Board of Commissioners
expired on August 31, 1990, and called for nominations to fill the
vacancies.
Mr. Bowers placed in nomination the names of Ms. Hallie B.
Albergotti and Mr. Jack Loeb.
,m
562
There being no further nominations, Ms. Albergotti and Mr. Loeb
were reappointed as members of tile City of Roanoke Redevelopment and
Housing Authority Board of Con~nissioners for terms of four years, each,
ending August 31, 1994, by the following vote:
ACTION: FOR MS. ALBERGOTT! AND MR. LOEB: Council Members Bowers, Bowles,
Fitzpatrick, Harvey, Musser, White and Mayor Taylor .................. 7.
There being no further business, the Mayor declared the meeting
adjourned at 11:40 p.m.
ATTEST
City Clerk
APPROVED
Mayor
563
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
September 24, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, September 24, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T. Fitzpatrick,
Jr., James G. Harvey, II, William White, Sr., and Vice-Mayor Howard E.
Musser ....... 6.
ABSENT: Mayor Noel C. Taylor ..............
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
William X Parsons, Assistant City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Dr. John W. Newman, Department
of Pastoral Care, Roanoke Memorial Hospitals.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Musser.
ACTION:
ACTION:
BID OPENINGS:
ROANOKE AND BOTETOURT TELEPHONE COMPANY: Pursuant to notice of
advertisement for bids for a certain franchise to provide fiber optic
telecon~unications services in the City of Roanoke, said bids to be
received by the City Clerk until 1:30 p.m., on Monday, September 24,
1990, and to be held, opened and read before the Council at 2:00 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Vice-Mayor asked if anyone had any questions about the advertisement
for bids, and no representative present raising any question, the Vice-
Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the one bid received
from Roanoke and Botetourt Telephone Company, in the amount of
$1,000.00 upon execution of a franchise document and $.15 annually per
linear foot of cable.
Mr. Harvey moved that the bid be referred to a committee to be
appointed by the Vice-Mayor for study, report and reconmnendation to
Council. The motion was seconded by Mr. Fitzpatrick and adopted.
The Vice-Mayor appointed William White, Sr., Chairman, William F.
Clark and Kit B. Kiser as members of the committee.
564
CONSENT AGENDA:
NONE.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC ~TTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-COMMONWEALTH'S ATTORNEY: A communication from the
Honorable Donald S. Caldwell, Commonwealth's Attorney, advising that
the 1990-91 budget request submitted by the Commonwealth's Attorney to
the State Compensation Board included a secretarial position at an
annual salary of $12,654.00 which is consistent with the City's 1989-90
Plan Plan; that the 1990-91 budget of the Commonwealth's Attorney
approved by the State Compensation Board included an annual salary; in
the amount of $14,249.00, for the new position; and the 1990-91 budget
of the Commonwealth's Attorney as approved by Council did not provide
funding for the new secretary position.
The Commonwealth's Attorney recommended that Council accept funds
provided by tile State Compensation Board for a secretarial position
which will be filled on or about November 1, 1990; authorize the
Director of Finance to appropriate Compensation Board approved funds,
in the amount of $10,582.00, and transfer $1,697.00 from General Fund
Contingency, Account No. 001-001-9410-2199, to the following accounts,
and increase the revenue estimate for shared expenses in the budget of
the Commonwealth's Attorney, Account No. 001-0210-1234-0610, in the
amount of $10,582.00:
Salaries $9,317.00
FICA 713,00
Retirement 1,129.00
Blue Cross/Blue Shield 968.00
Dental Insurance 56.00
Life Insurance 96.00
(For full text, see communication on file in the City Clerk's Office.)
The Assistant City Manager submitted a written report on behalf of
tile City Manager recommending that Council concur in the recommendation
of the Commonwealth's Attorney.
(For full text, see report on file in the City Clerk's Office.)
565
ACTION:
ACTION:
Mr. Fitzpatrick offered the following emergency budget Ordinance:
1#30244-92490) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 90.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30244-92490.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, White, Bowers
and Vice-Mayor Musser ........ 6.
NAYS: None ........ -0.
IMayor Taylor was absent.)
Mr. Harvey moved that the report of the City Manager be received
and filed. The motion was seconded by Mrs. Bowles and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
TRAFFIC/HENRY STREET REVITALIZATION: The Assistant City Manager
submitted a written report of the City Manager with regard to widening
and realignment of Second Street/Gainsboro Road from Orange Avenue,
N.W. to Salem Avenue, S. W., advising that Council unanimously
approved measures which requested the Virginia Department of
Transportation to program projects for roadway widening and realignment
to include:
First Street/Gainsboro Road from Madison Avenue,
N. W. to Salem Avenue, S. W.
Wells Avenue, N. W., from Williamson Road to First
Street, N. W.
Intersection of Orange Avenue and Gainsboro Road.
It was further advised that these projects were subsequently
included in the Highway Department's Six-Year Highway Improvement
Program.
It was explained that the redevelopment of the Henry Street area
and improved access to downtown Roanoke required that a more expedi-
tious method be found to proceed with improvements on First Street/
Gainsboro Road and Wells Avenue; that on July 27, 1987, Council
authorized agreements with the Highway Department by which the City
assumed responsibility for administering all aspects of the First
Street/Gatnsboro Road and Wells Avenue projects; that on December 21,
566
1987, an engineering services reimbursement, with a cost ceiling
contract was awarded to Mattern & Craig, P. C., Consulting Engineers;
that a neighborhood briefing was held on April 24, 1990, to inform
interested ci ti zens of the Gal nsboro area of the Second
Street/Gainsboro Road project plans; that proposed design of the pro-
ject consists of four 11 -foot lanes which will provide for two lanes
of travel in each direction; that concrete curb, gutter, and sidewalk
will be provided on both sides of the roadway, as well as street lights
and landscaping behind the sidewalks; that a new bridge will span tile
Norfolk and Western Railroad tracks and Shenandoah Avenue; and a new
traffic light will be installed at the intersection of Gainsboro Road
and Gilmer Avenue.
The City Manager further explained that a location and design
public hearing was held on May 22, 1990, which included aerial pho-
tographs, drawings, and other pertinent information available for
public inspection in accordance with state and federal requirements;
that Amendment No. 6 to the engineering services agreement with
Mattern & Craig, Consulting Engineers, is needed to address the design
of neighborhood enhancements; that a cost estimate of $9,500,000.00 for
project eiglible items will be shared by the Highway Department and the
City; that the Highway Department will pay approximately 95% of the
engineering phase costs and 98% of the right-of-way phase and construc-
tion phase costs ($9,188,000.00); and the City will pay approximately
five per cent of the engineering phase costs and two per cent of the
right-of-way phase and construction phase costs ($312,000.00).
The City Manager advised that the report was submitted as a
briefing only and action by Council was not being requested at this
time; however, it is anticipated that the following recommendations
will be submitted to Council at the next regular meeting to be held on
Monday, October 1, 1990:
approve the location and major design features of
the widening and realignment of Second Street/
Gainsboro Road from 0.033 miles south of Salem
Avenue, S. W. to Orange Avenue, N. W., as presented
at the May 22, 1990 public hearing.
authorize the acquisition of the necessary right-
of-way for the 82 parcels identified in the report
of the City Manager, and providing for the City
Attorney to have authority to institute condem-
nation proceedings as necessary.
authorize the Ciqv Manager to execute, on behalf of
the City, all necessary railroad and utility
agreements required in conjunction with acquiring
such rights-of-ways.
567
ACTION:
ACTION:
authorize Amendment No. 6 of the engineering
contract with Mattern & Craig, P. C., Consulting
Engineers to provide an increase of $66,476.37,
subject to approval by the Virginia Department of
Transportation, for a total not to exceed
$1,639,677.77.
appropriate total State front funding, in the
amount of $1,266,476.37, to Account No. 008-052-
9547-9007, transfer local match, in the amount of
$33,323.82, from 1988 Bond Issue Streets and
Bridges Account, to Account No. 008-052-9547-9001,
and increase the accounts receiveable from the
State, in the amount of $1,266,476.37.
Mr. Fitzpatrick moved that the report be received and filed. The
motion was seconded by Mr. White.
Mr. Bowers advised that he would like the assurance that concerns
raised by citizens and/or organizations are properly addressed and if
the concerns are not properly addressed to the satisfaction of the
citizens and/or organizations, they should be informed that they have
the right to present their views to City Council. With regard to the
Second Street/Gainsboro Road project which affects the Gainsboro
Project Area Committee, Our Lady of the Valley Nursing Home and First
Baptist church. Mr. Bowers inquired if representatives of the two
organizations and the Church were contacted, what consideration was
given, and requested that Council receive a written confirmation or
that a representative from the two organizations and the Church appear
before Council to affirm that they are familiar with the project and
they are in agreement or disagreement.
The motion to receive and file the Ci~v Manager's report was
adopted.
ITEMS RECOMMENDED FOR ACTION:
BRIDGES-TRAINS: The Assistant City Manager submitted a written
report on behalf of the City Manager advising that rehabilitation of
the Franklin Road Bridge over the Norfolk and Western Railroad was
recomended in the annual bridge inspection reports; that a con-
sultant's contract to design the rehabilitation of Franklin Road Bridge
was approved by Council on March 7, 1988; that funding was approved in
the 1990-94 Capital Improvement Program; and a construction contract
with Lanford Brothers Company, Inc., in the amount of $481,293.00, was
approved by Council on May 14, 1990, with a project contingency in the
amount of $72,194.00.
It was further advised that closure of the bridge for 24 hours
after pouring latex concrete deck overlay was necessitated by excessive
vibration from vehicular traffic; that to avoid traffic congestion
caused by a weekday closure, City staff requested Lanford Brothers
Company, Inc., to perform the work on a weekend, and therefore, the
contractor must pay his employees overtime wages; that structural steel
568
ACTION:
work was also impacted by excessive vibration, and rather than
installing all structural steel plates at one time, the consultant is
requiring the contractor to install the plates in three phases; and the
contractor had to rent and erect temporary scaffolding three times
rather than once.
It was explained that additional concrete deterioration was disco-
vered during a closer inspection of the approach slab at the southern
most abutment, 30 foot section of sidewalk, and at two pier caps; that
to insure long term structural integrity, the consultant designed a
replacement approach slab and specially designed reinforced pier caps,
with additional overlay material being required to repair the
deteriorated sidewalk section; and change orders have been submitted,
as follows:
structural steel work
24 hour closure on weekends
approach slab replacement
pier reinforcement
sidewalk repair
$ 5,176.00
7,731.00
5,028.00
29,730.00
1,674.00
TOTAL $49,339.00
The City Manager further explained that replacement of the
deteriorated concrete is proceeding at approximately 50 per cent over
the bid quantity, which was in the amount of $22,000.00; and due to
presence of more deteriorated concrete than originally estimated, City
staff will present a separate change order for said activity once a
more accurate estimate is ascertained.
The City Manager recommended that Council approve Change Order
No. 1, in the amount of $49,339.00, to be paid from Account No. 008-
052-9602-9065; and that he be authorized to execute any agreements,
subject to approval by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#30245-92490) AN ORDINANCE approving the City Manager's issuance
of Change Order No. I to the City's contract with Lanford Brothers
Company, Inc., for rehabilitation of the deck of the Franklin Road
Bridge over the tracks of the Norfolk and Western Railway Company; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page go.)
Mrs. Bowles moved the adoption of Ordinance No. 30245-92490. The
motion was seconded by Mr. Bowers and adopted by the following vote:
569
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Harvey, White, Bowers
and Vice-Mayor Musser .............. 6.
NAYS: None ........ O.
(Mayor Taylor was absent.)
BUDGET-GRANTS-CLEAN VALLEY COUNCIL: The Assistant City Manager
submitted a written report on behalf of the City Manager advising that
Council adopted Resolution No. 30016-50790 on May 7, 1990, designating
the Clean Valley Council to develop a coordinated litter control
program for the entire Roanoke Valley and authorizing the Clean Valley
Council to apply for certain grant funds from the Commonwealth of
Virginia for operation of such program; that the Litter Control Grant
was approved by the Department of Waste Management, ))ivision of Litter
Control and Recycling; and the City has received grant funds, in the
amount of $7,291.00, from the Department of Waste Management.
The City Manager recommended that Council appropriate $7,291.00 to
an account to be established by the Director of Finance in the Grant
Fund for transfer to the Clean Valley Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#30246-92490) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 91.)
Mr. Bowers moved the adoption of Ordinance No. 30246-92490. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, White, Bowers
and Vice-Mayor Musser ........... 6.
NAYS: None ........... O.
(Mayor Taylor was absent.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The'
Assistant City Manager submitted a written report on behalf of the City
Manager advising that the Fifth District Employment and Training
Consortium submitted its Fiscal Year 1990, Title II-A, Implementation
Strategy, to the Governor's Employment and Training Department on
August 20, 1990, which includes on-the-job training, job related educa-
tion, classroom training, customized training, work experience, job
placement activities and remedial education; that transportation ser-
vices will be provided to those who are eligible; and the agency has
also submitted its Implementation Strategy for the Title III, Economic
57O
Dislocated Worker Adjustment Act program activities for fiscal year
1990, which includes on-the-job training, classroom training, custo-
mized training, remedial education and job placement activities for
those who have been laid off from work due to plant closings or a
natural disaster.
It was further advised that the Fifth District Employment and
Training Consortium has been authorized to operate a joint contract
with the Roanoke City Department of Social Services during fiscal year
1991 that will offer assessment activities, career exploration, work
experience, adult basic education, General Education Development (GED)
preparation, job placement assistance and vocational training skills to
123 eligible Roanoke City residents for the period of July 1, 1990,
through September 30, 1990; and Total Action Against Poverty (TAP) sub-
mitted an application to the State Department of Education to provide
Adult Literacy Training to certain jurisdictions within the Fifth
Planning District which includes Roanoke and Alleghany counties, as
well as the cities of Salem, Covington, and Clifton Forge, with the
school divisions of Roanoke City, Craig and Botetourt counties electing
to directly serve persons residing within their respective jurisdic-
tions.
The City Manager explained that the City of Roanoke is the grant
recipient for Consortium funding; that Council must appropriate funding
for all grants the Consortium receives; that the Governor's Employment
and Training Department has sent to the Consortium, Notice of Award No.
91-03-01, in the amount of $882,088.00, for the Title II-A Program and
Notice of Award No. E-01 for Title III, in the amount of $82,777.00;
and the Roanoke City Department of Social Services and the Consortium
have entered into a financial contract, in the amount of $27,189.30,
for Employment Services, as well as Job Opportunities and Basic Skills
activities, for the period of July 1, 1990, through September 30, 1990.
It was further explained that the State Department of Education
has approved Total Action Against Poverty's grant application and
awarded $56,399.00 to the Fifth District Employment and Training
Consortium on behalf of TAP to conduct literacy training in certain
jurisdictions within the Fifth Planning District; that availability of
all new funds for the Fifth District Employment and Training Consortium
totals $1,048,453.30 for the year beginning July 1, 1990; and local
administrative funding left over from the prior fiscal year, in the
amount of $15,713.00, needs to be transferred to fiscal year 1991 from
fiscal year 1990, and fiscal year 1990 funding, in the amount of
$8,709.00 under the Title II-A program also needs to be transferred to
the fiscal year 1991 budget.
The City Manager recommended that Council appropriate the Consor-
tium's additional funding, in the amount of $1,048,453.30, and increase
the revenue estimate by $1,048,453.30 in accounts to be established by
the Director of Finance, and transfer funding in the amount of
$24,422.00 between existing fiscal year 1990 and 1991 accounts.
(For full text, see report on file in the City Clerk's Office.)
571
ACTION:
ACTION:
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30247-92490) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Consortium Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 92.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30247-92490.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, White, Bowers
and Vice-Mayor Musser ............. 6.
NAYS: None ..........
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORT: The Director of Finance submitted the financial
report of the City of Roanoke for the month of August, 1990.
(For full text, see financial report on file in the City Clerk's
Office.)
Mr. Harvey moved that the financial report be received and filed.
The motion was seconded by Mr. Fitzpatrick and adopted.
BUDGET-RADIO/TELEVISION: The Director of Finance submitted a
written report advising that the City Manager was authorized to execute
a consulting contract, in the amount of $28,930.00, with O. D. Page,
P. E., regarding the proposed cable television franchise renewal on
June 5, 1989, pursuant to Ordinance No. 29596; that the cable company
agreed to reimburse the City up to $20,000.00 of said cost; that the
remaining cost was allocated to each jurisdiction based on the percen-
tage of cable television subscribers; and the total contract amount was
allocated as follows:
Cox Cable Roanoke
City of Roanoke
County of Roanoke
Town of Vinton
$20,000.00
5,358.00
2,947.00
625.00
$28,930.00
It was further advised that the City of Roanoke has paid
$15,000.00 of the contract to O. D. Page ($5,000.00 from the City of
Roanoke and $10,000.00 from Cox Cable); that on October 11, 1989, pur-
suant to Ordinance No. 29809, funds for the contract were appropriated
572
ACTION:
and related accounts receivables from other localities were
established; that due to an administrative oversight as of June 30,
1990, all of the revenue was recognized in fiscal year 1990 and the
remaining contract balance was not encumbered; therefore, the remaining
balance of $13,930.00 of the contract is now a part of the fiscal year
1990 CMERP fund and needs to be reappropriated.
The Director of Finance recommended that Council adopt a measure
appropriating said funds from the fiscal year 1990 CMERP fund so that
final payments may be made.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30248-92490) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 94.)
Mr. White moved the adoption of Ordinance No. 30248-92490. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, White, Bowers
and Vice-Mayor Musser .......... 6.
NAYS: None ........
(Mayor Taylor was absent.)
At 2:45 p.m., the Vice-Mayor declared the meeting in recess.
At 2:55 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all Members of the Council in atten-
dance, with the exception of Mayor Taylor.
REPORTS OF COMMITTEES:
CIVIC CENTER: Mr. John S. Edwards, Chairman of the Roanoke Civic
Center Commission, submitted a written report on behalf of the
Commission, advising that the Roanoke Civic Center honors bank credit
cards in connection with the sale of tickets; that the Civic Center has
a current contract with Sovran Bank, N.A., to provide credit card ser-
vices; that the Civic Center maintains an interest-bearing checking
account with Sovran Bank for the purpose of clearing credit card
accounts; and a request for bids was sent to ten major financial
institutions and advertised in a local newspaper.
The Civic Center Commission recommended that Council authorize the
City Manager to execute an electronic data capture contract with Sovran
Bank, N. A., to supply bank credit card services to the Roanoke Civic
Center for a period of five years, with a five year renewal clause, in
accordance with City of Roanoke specifications, subject to approval by
the City Attorney; and reject all other bids received by the City.
573
ACTION:
ACTZON:
The Assistant City Manager submitted a written report on behalf of
the City Manager recommending that Council concur in tile recon~nendation
of the Civic Center Commission.
(For full text, see reports on file in the City Clerk's Office.)
blr. Harvey offered the following Resolution:
(#30249-92490) A RESOLUTION accepting the bid of Sovran Bank,
N. A. made to the City for furnishing and delivering certain bank cre-
dit card services to the Roanoke Civic Center, upon certain terms and
conditions; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 52, page 94.)
Mr. Harvey moved the adoption of Resolution No. 30249-92490. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, White, Bowers
and Vice-Mayor Musser--- 6.
NAYS: None-
(Mayor Taylor was absent.)
Mr. Harvey moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Fitzpatrick and adopted.
ROANOKE AND BOTETOURT TELEPHONE COMPANY: Council Member William
White, Sr., Chairman of a committee appointed by the Vice-Mayor earlier
in the meeting to study a bid received for a certain franchise to pro-
vide fiber optic telecommunication services in the City of Roanoke,
presented a written report on behalf of the committee, recommending
that Council accept the bid of Roanoke and Botetourt Telephone Company,
in the amount of $1,000.00 franchise fee and $0.15 annually per linear
foot of cable, and authorize the Mayor and City Clerk to execute and
attest, respectively, a nonexclusive franchise as specified in the bid
document, subject to approval by the City Attorney.
The Assistant City Manager submitted a written report on behalf of
the City Manager concurring in the recon~r~ndation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White moved that the following Ordinance be placed upon its
first reading:
(#30250) AN ORDINANCE granting to Roanoke & Botetourt Telephone
Company the right, for the term and upon the conditions herein stated,
to use the streets, alleys and public ways to erect, construct, operate
574
ACTION:
and maintain a fiber optic telecommunication system and to construct,
install and maintain fiber optic cable and associated equipment,
including poles, wires, cables, conduits and appurtenances necessary to
the sale and distribution of fiber optic telecommunication services in
and along the streets, alleys and other public ways in the City of
Roanoke, Virginia; establishing conditions controlling the exercise of
said franchise and regulating the manner of using the streets, alleys
and public ways.
(For full text of Ordinance, see Ordinance Book No. 52, page 95.)
The motion was seconded by Mr. Bowers.
Mr. John Grove, Attorney, representing Roanoke and Botetourt
Telephone Company, appeared before Council and advised that Roanoke and
Botetourt Telephone Company is licensed by the State Corporation
Commission as a long distance carrier; and they are licensed in the
same manner as AT&T, US Sprint and MCI. He stated that they are a
carrier's carrier, providing capacity to other long distance telephone
companies; that in 1985, they leased "dark fiber", which is a line into
the City that comes down Williamson Road to the AT&T building, pro-
ceeding then down to their point of presence where they actually bring
the wires in, split the service and run it out to the long distance
carriers that they serve. He added that this particular franchise is
needed for diversity; that the route will proceed down Route 460,
through Vinton, coming into Roanoke, down Dale Avenue, up Third Street,
tying into the AT&T building and back down Luck Avenue to the point of
presence in the basement of the Signet Bank Building. He stated that
pole attachment agreements have been obtained through Appalachian Power
Company to attach the lines to approximately 300 Appalachian poles
coming into the City, as well as approximately 30 C & P poles. He
added that the time element is vitally important in order to move into
the Vinton location by November 1, 1990.
Mr. Thomas Orr, Plant Engineer, Roanoke and Botetourt Telephone
Company, advised that in lg85, Roanoke and Botetourt Telephone Company
realized that fiber optics is a reality in the telephone communications
industry of today, at which time they got into the business of being a
long distance carrier, or a carrier's carrier. He stated that along
the route coming into Roanoke from their office in Botetourt County,
two strands of fiber optics, which are the size of a human hair, have
the capacity to carry 16,000 voice circuits, therefore, if either of
these fiber optic lines are cut or damaged in any way, the conver-
sations of approximately 16,000 customers all over southwestern
Virginia will be disruptive. He advised that it is imperative to have
an alternate route inasmuch as if one route is damaged, there will be a
backup route.
Ordinance No. 30250 was adopted, on its first reading, by the
following vote:
575
AYES: Council Members Bowles, Fitzpatrick, Harvey, White, Bowers
and Vice-Mayor Musser- 6.
NAYS: None ..........
(Mayor Taylor was absent.)
SALE/PURCHASE OF PROPERTY-ROANOKE MEMORIAL HOSPITALS: Council
Member Elizabeth T. Bowles, Chairman of the Water Resources Committee
presented a written report on behalf of the Committee, with regard to
exchange of properties between Roanoke Memorial Hospitals and the City
of Roanoke.
A staff report advised that Carillon Services, Inc., owns and
operates Roanoke Memorial Hospital; that Crystal Spring property of
the City of Roanoke includes the parking lot in front of Roanoke
Memorial Hospital and areas south of the Hospital between it and the
reservoir/tennis court area; that the proposed new south expansion of
Roanoke Memorial Hospital, to include new emergency treatment facili-
ties, encroaches onto City-owned properties between the present struc-
ture and the Crystal Spring reservoir/tennis court area; and the City
has retained the Crystal Spring property in anticipation of the possi-
bility of future state/federal regulations which may require more
extensive treatment of water that would require the construction of a
water treatment facility near the spring.
It was further advised that exchange of properties between
Carilion Services, Inc., and the City has been proposed which would
permit the Hospital to proceed with the proposed $60,000,000.00 south
expansion and provide a site nearby for a City water treatment facility
when it is needed; and the properties proposed to be exchanged and the
proposed cash settlement are as follows:
City to Carilion Services, Inc. - a 2.7 acre parcel
of land, including the parking lot in front of the
Hospital and lands between the present structure
and the Crystal Spring Reservoir/tennis courts
designated as Parcels A and C on a map attached
to the report, and including the City portion of
closed Weller Lane.
Carillon Services, Inc., to City - a 0.42 acre par-
cel located generally between the Roanoke Memorial
Hospital Power House and the City's tennis courts,
designated as Parcel B on a map attached to the
report and $484,982.00, which is the difference
established by independent appraisal between the
fair market values of $47,568.00, the estimated
difference in the cost of construction of the water
treatment plant and associated improvements on the
Roanoke Memorial Hospital site as opposed to the
cost of construction on the site currently owned by
the City. The Water Fund will receive the proper~v
and income.
576
ACTION:
It was explained that additional, but separate, Council action
will likely be requested by Carillon Services, Inc., to close Weller
Lane and either relocate the public street or leave it closed with
Carillon Services, Inc., constructing a separate but private entrance-
way; that current right-of-way will be requested to become part of
Carillon Services, Inc., property; that rezoning will allow for
construction and operation of the expanded health care facility; that
the property exchange and sale contract to affect said exchange will
ultimately be dependent upon separate Council actions, and the Hospital
will perform such actions once Council has authorized a sale contract
for the property exchange.
The Water Resources Committee recommended that Council authorize
exchange of properties between Carillon Services, Inc., and the City of
Roanoke, including the cash settlement; that any required relocation of
utilities and associated costs will be borne by Carillon Services,
Inc.; and the City will retain present utility easements through the
site to be acquired by Roanoke Memorial Hospitals and be granted
required new easements.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30251) AN ORDINANCE authorizing a contract between the City and
Roanoke Memorial Hospitals providing for an exchange of real property,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 103.)
The motion was seconded by Mr. Fitzpatrick.
Mrs. Bowles inquired if she could vote on the matter; whereupon,
the Assistant City Attorney advised that Mrs. Bowles is a member of the
Board of Directors of Community Hospital; however, she does not receive
compensation from said Hospital. Secondly, he stated that she does not
have a personal interest in the subject as defined by the State and
Local Government Comprehensive Conflict of Interests Act inasmuch as
the transaction is between Roanoke Memorial Hospitals and not Community
Hospital, and accordingly, she may cast her vote.
Ordinance No. 30251, on its first reading, was adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, White, Bowers
and Vice-Mayor Musser ......... 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
577
ACT[ON:
ACTION:
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SPECIAL PERMITS-UNITED WAY OF ROANOKE VALLEY: Ordinance No.
30233-92490 granting to the United Way of Roanoke Valley, Inc., a revo-
cable permit to mount certain flags on street lighting poles in the
Central Business District of the City, upon certain terms and con-
ditions, and ratifying a previous decision by the City Manager relating
thereto, having previously been before the Council for its first
reading on Monday, September 17, 1990, read and adopted on its first
reading and laid over, was again before the body, Mr. White offering
the following for its second reading and final adoption:
(#30233-92490) AN ORDINANCE granting to the United Way of Roanoke
Valley, Inc., a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions, and ratifying a previous decision by the
City Manager in the matter.
(For full text of Ordinance, see Ordinance Book No. 52, page 87.)
Mr. White moved the adoption of Ordinance No. 30233-92490. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, White, Bowers
and Vice-Mayor Musser .... 6.
NAYS: None--
(Mayor Taylor was absent.)
WATER DEPARTMENT-CITY PROPERTY: Ordinance No. 30234-92490
authorizing the proper City officials to enter into a certain lease
agreement with H.S.N.I. Corp. t/a Sun Valley Swim Club, for the Sun
Valley Swim Club and Campground property, for a period of five years at
an initial monthly lease fee of $200.00, having previously been before
the Council for its first reading on Monday, September 17, 1990, read
and adopted on its first reading and laid over, was again before the
body, Mrs. Bowles offering the following for its second reading and
final adoption:
(#30234-92490) AN ORDINANCE authorizing the proper City officials
to enter into a certain lease agreement with H.S.N.I. Corp. t/a Sun
Valley Swim Club for the Sun Valley Swim Club and Campground property
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page BB.)
Mrs. Bowles moved the adoption of Ordinance No. 30234-92490. The
motion was seconded by Mr. Harvey and adopted by the following vote:
578
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Harvey, White, Bowers
and Vice-Mayor Musser .......... 6.
NAYS: None ....... O.
(Mayor Taylor was absent.)
SALE/PURCHASE OF PROPERTY-HOUSING: Ordinance No. 30242-92490 pro-
viding for conveyance by the City of a certain parcel of land, being a
portion of Crestar Plaza, to the Roanoke Redevelopment and Housing
Authority, for the purpose of constructing a parking garage, having
previously been before the Council for its first reading on Monday,
September 17, 1990, read and adopted on its first reading and laid
over, was again before the body, Mr. Fitzpatrick offering the following
for its second reading and final adoption:
(#30242-92490) AN ORDINANCE providing for the conveyance by the
City of a certain parcel of land to the Roanoke Redevelopment and
Housing Authority.
(For full text of Ordinance, see Ordinance Book No. 52, page 89.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30242-92490.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council )4embers Bowles, Fitzpatrick, Harvey, White, Bowers
and Vice-Mayor Musser ....... .6.
NAYS: None ............
-0.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE VICE-MAYOR AND MEMBERS OF
COUNCIL:
CITY EMPLOYEES: The Vice-Mayor requested that the City Manager
report to Council with regard to parking for those City employees who
work in the downtown area. He referred specifically to approximately
100 City employees who will no longer be permitted to park in the First
Baptist Church parking lot inasmuch as the new church sanctuary will be
under construction in November 1990.
OTHER HEARINGS OF CITIZENS:
SCHOOLS-YOUTH: Mr. Melvin W. Garrett, 706 Gilmer Avenue, N. W.,
appeared before Council and reviewed a proposed program to be initiated
for the youth of Roanoke City to be known as "Reach and Teach". He
advised that some of the goals and objectives of the program include
improving a child's self-image, learning self-respect and respect for
others and development of acceptable character and personality traits.
(For full text, see proposal on file in the City Clerk's Office.)
579
Mr. Garrett requested that the City approprate $75,000.00 over a
five year period which will be reimbursed.
ACTION:
Mr. Bowers moved that the matter be referred to the City Manager
for study, report and recommendation to Council. The motion was
seconded by Mr. Harvey and adopted.
There being no further business, the Vice-Mayor declared the
meeting adjourned at 3:25 p.m.
APPROVED
ATTEST: '~(~b~..~,~..~
City Clerk
Vice-Mayor
580
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
October 1, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of tile Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 1, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'(1979), as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., James G. Harvey,
II, Howard E. Musser, William White, Sr., David A. Bowers, Elizabeth T. Bowles
(arrived at 2:10 p.m.) and Mayor Noel C. Taylor ............................... 7.
ABSENT: None ........................................................ O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Douglas Keller,
Pastor, Edgewood Christian Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to four requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; a matter with regard to
acquisition and/or use of real property for public purposes, and/or
disposition of publicly held property, specifically legal matters
requiring the provision of legal advice by counsel relating to the
terms and conditions of a proposed agreement for new regional landfill
facilities; a personnel matter; and specific legal matters requiring
the provision of legal advice by counsel, being the terms and con-
ditions of an agreement with the City of Roanoke Redevelopment and
Housing Authority relating to an economic development project.
581
ACTION:
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (Al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (Al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor ................. 6.
NAYS: None ........ O.
(Council Member Bowles had not arrived at the meeting.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter with regard to acquisition and/or use of
real property for public purposes, and/or disposition of publicly held
property, specifically legal matters requiring the provision of legal
advice by counsel relating to the terms and conditions of a proposed
agreement for new regional landfill facilities, pursuant to Sections
2.1-344 (Al (3) and 2.1-344 (Al (7), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter with regard
to acquisition and/or use of real property for public purposes, and/or
disposition of publicly held property, specifically legal matters
requiring the provision of legal advice by counsel relating to the
terms and conditions of a proposed agreement for new regional landfill
facilities, pursuant to Sections 2.1-344 (Al (3) and 2.1-344 (Al (7),
Code of Virginia {1950), as amended. The motion was seconded by Mr.
Fitzpatrick adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor ............. 6.
NAYS: None .......... O.
(Council Member Bowles had not arrived at the meeting.)
582
ACTION:
ACTION:
ACTION:
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss a personnel matter, specifi-
cally the appointment of a specific public officer, in accordance with
Section 2.1-344 (Al (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the request of the Vice-
Mayor to convene in Executive Session to discuss a personnel matter,
specifically the appointment of a specific public officer, in accor-
dance with Section 2.1-344 (Al (1), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor ......................... 6.
NAYS: None ....... --0.
(Council Member Bowles had not arrived at the meeting.)
PENDING LIST: A list of items pending from July 10, 1978, through
September 24, 1990, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Bowers moved that the pending list be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor ...... 6.
NAYS: None ...... ---0.
(Council Member Bowles had not arrived at the meeting.)
DIRECTOR OF FINANCE: A report of qualification of Mr. Joel M.
Schlanger as Director of Finance of the City of Roanoke, for a term of
two years con~nencing October 1, 1990, and ending September 30, 1992,
was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Bowers moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
583
ACTION:
ACTION:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor ....... -6.
NAYS: None ........
(Council Member Bowles had not arrived at the meeting.)
-0.
CITY CLERK: A report of qualification of Ms. Mary F. Parker as
City Clerk of the City of Roanoke, for a term of two years commencing
October 1, 1990, and ending September 30, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Bowers moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor ......... .6.
NAYS: None ........
(Council Member Bowles had not arrived at the meeting.)
HOUSING: A report of qualification of Ms. Hallie B. Albergotti as
a Commissioner of the City of Roanoke Redevelopment and Housing
Authority for a term ending August 31, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Bowers moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor ....... 6.
NAYS: None .........
(Council Member Bowles had not arrived at the meeting.)
O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss specific legal matters requiring the provision of
legal advice by counsel, being the terms and conditions of an agreement
with the City of Roanoke Redevelopment and Housing Authority relating
to an economic development project, pursuant to Section 2.1-344
(A) (7), Code of Virginia (1950), as amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
584
ACTION:
Mr. Bowers moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss specific legal mat-
ters requiring the provision of legal advice by counsel, being the
terms and conditions of an agreement with the City of Roanoke
Redevelopment and Housing Authority relating to an economic development
project, pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Fitzpatrick adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor .................. 6.
NAYS: None ................ O.
(Council Member Bowles had not arrived at the meeting.)
At this point, 2:10 p.m., Council Member Bowles entered the
meeting.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $40,938.00 for repairs to the
William Fleming High School Field House, the total cost of repairs to
be reimbursed by proceeds from insurance; and that Council appropriate
$164,641.00 for the 1990-91 Chapter II Program, which will be reim-
bursed by Federal funds, in the amount of $138,257.00, with a local
match of $26,384.00, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the request of
the School Board will appropriate $40,938.00 from insurance proceeds to
the William Fleming account in the Capital Projects Fund; that the
request also appropriates Chapter II Federal and local matching funds
in the Grant Fund; that funds for the local match for fringe benefits
were specifically budgeted for in the Education Category of the General
Fund in Retirement - VSRS, Account No. 001-060-6001-6000-0202, in the
amount of $26,384.00; and recommending that Council concur in the
request of the School Board, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30252-100190) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General, Capital Projects, and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 103.)
585
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 30252-100190.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor .............................. 7.
NAYS: None ....... O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
INTEGRATION/SEGREGATION/AFFIRMATIVE ACTION: The City Manager sub-
mitted a written report advising that on September 7, 1990, Council was
informed that the City Manager was in the process of obtaining addi-
tional information and insight from local community leaders with
regard to the Mayor's recommendation for the appointment of a group of
citizens to review critical community issues which directly impact the
social health of the community; that while preparing for the assign-
ment, files were reviewed pertaining to the activities of the Community
Relations Committee which was appointed by Council in late 1969; and
records revealed that the committee was composed of 12 members, who
were charged with tile responsibility of reviewing the state of com-
munity relations in the City with regard to municipal employment,
affordable and safe housing, recreational opportunities, police-
community relations, and public education.
It was explained that the presence of crime, unemployment,
problems associated with dropping out of school, the perceived lack of
recreational activities and changes in the basic family structure all
contribute to a sense of hopelessness that can eventually lead to com-
munity stress and conflict; and the City's community participation
programs have gained strength and popularity over the last 12 years
but, obviously, have not adequately addressed these and other emerging
issues that directly impact the social and economic health of our com-
munity. Therefore, the City Manager advised that it was his intent to
establish a committee which will assist in conducting a comprehensive
evaluation of community relations issues that threaten to stymie the
social and economic growth of the City; and the committee will be
called the City Manager's Task Force to Study Community Relations in
the City of Roanoke, whose task will be to develop the method,
including citizen participation strategies, for the study and guide its
implementation.
586
It was further explained that the committee will consist of 21
members who will be chosen from various fields of endeavor, including
at least two members from the youth population of the community; that
in order to enhance the group's opportunities for success, a pro-
fessional facilitator from the Conflict Clinic at George Mason
University, who has considerable experience in said areas, will provide
start-up guidance for the task force, and afterwards, the group would
be expected to select its own leadership in order to implement the
study plan.
(For full text, see report on file in the City Clerk's Office.)
NO ACTION WAS TAKEN ON THE REPORT.
ITEMS RECOMMENDED FOR ACTION:
STREETS AND ALLEYS-HENRY STREET REVITALIZATION-TRAFFIC: The City
Manager submitted a written report advising that Council, at its
meeting on April 13, 1987, unanimously adopted Resolution Nos. 28607
and 28608, which requested the Virginia Department of Transportation to
program projects for roadway widening and realignment to include the
following:
First Street/Gainsboro Road from Madison Avenue,
N. W., to Salem Avenue, S. W.
Wells Avenue, N. W. from Williamson Road to First
Street, N. W.
Intersection of Orange Avenue and Gainsboro Road
These projects were subsequently included in the
Virginia Department of Transportation's Six-Year
Highway Improvement Program.
It was further advised that redevelopment of the Henry Street
area and improved access to downtown Roanoke required that a more
expeditious method be found to proceed with improvements on First
Street/Gainsboro Road and Wells Avenue; that on July 27, 1987, the City
authorized agreements with the Transportation Department by which the
City assumed responsibility for administering all aspects of the First
Street/Gainsboro Road and Wells Avenue Projects; and the preliminary
engineering phase would be generally handled on the normal 95 per
cent - Virginia Department of Transportation and five per cent - City
cost-sharing basis.
It was explained that on December 21, 1987, Council awarded an
engineering services reimbursement, with a cost ceiling contract, to
Mattern & Craig, P. C., Consulting Engineers, and appropriated
$50,117.00 for payment of invoices from the Transportation Department
for the City's five per cent share; that Mattern & Craig's original
contract amount was $1,002,342.24; that Downtown North study results
from the Downtown North Development Plan, which was released at a press
587
conference on May 11, 1989, included a recommendation to construct a
four-lane Second Street bridge instead of a four-lane First Street
bridge; that the Second Street corridor provides a clearer and more
well-defined west circumferential route than First Street; that the
study also suggested realigning Wells Avenue so that it connects with
Gilmer Avenue to provide better overall accessibility; and existing
Gilmer Avenue continues to the west to major north-south crossings such
as 5th Street and loth Street, while Wells Avenue currently ends west
of First Street.
It was further explained that existing Second Street at Salem
Avenue carries approximately 4,500 vehicles per day; that the traffic
volume on Gainsboro Road at Orange Avenue is approximately 7,600
vehicles per day; that traffic volumes for the proposed Second
Street/Gainsboro Road project for the design year 2010 are expected to
range between 20,700 at Salem Avenue to 18,100 at Orange Avenue; and
anticipated traffic will be better served by the proposed roadway pro-
ject which will be a link in the overall loop system and consist of
the following:
Williamson Road from Franklin Road to Wells Avenue
Wells Avenue/Gilmer Avenue from Williamson Road to
Gainsboro Road
Second Street/Gainsboro Road from Gilmer Avenue to
Franklin Road
Franklin Road from Second Street to Williamson Road
Improvements at the intersection of Orange Avenue
and Gainsboro Road include the construction of a
left-turn lane which will be designed to handle
3,750 vehicles per day (of which 430 would be
handled in the morning peak hour) for the design
year 2010. The lane itself will be capable of
storing as many as 20 vehicles at a time, which
will be controlled by a separate left turn in tile
traffic signal.
The City Manager advised that a neighborhood briefing was held on
April 24, 1990, to inform interested citizens of the Gainsboro area of
Second Street/Gainsboro Road project plans, and comments and questions
were addressed; that the proposed design of the Second Street/Gainsboro
Road project consists of four 11-foot lanes which will provide for two
lanes of travel in each direction; that concrete curb, gutter, and
sidewalk will be provided on both sides of the roadway, as well as
street lights and landscaping behind the sidewalks; that a new bridge
will span the N & W Railroad tracks and Shenandoah Avenue; that a new
traffic light will be installed at the intersection of Gainsboro Road
and Gilmer Avenue; that a Location and Design Public Hearing was held
588
on May 22, 1990, in the Council Chamber, having been preceded by an
informal project plan review session on May 21, 1990, for the Second
Street/Gainsboro Road project; that Wells Avenue project plans are
being designed for a separate public hearing at a future date; and the
Second Street/Gainsboro Road public hearing, after due and proper
notice was given for considering the proposed location and design of
the project, included aerial photographs, drawings and other pertinent
information available for public inspection in accordance with state
and federal requirements, and all persons and parties in attendance
were afforded a full opportunity to participate.
It was pointed out that City staff met with interested citizens
from the Gainsboro community on August 9, 1990; that Amendment No. 6 to
the engineering services agreement with Mattern & Craig, P. C.,
Consulting Engineers, is needed in order to address the design of
neighborhood enhancements; that a cost estimate, in the amount of
$9,500,000.00, for project eligible items will be shared by the
Transportation Department and the City, with the Transportation
Department paying approximately 95 per cent of engineering phase costs
and 98 per cent of right-of-way and construction phase costs, in the
amount of $9,188,000.00; that the City will pay approximately five per
cent of engineering phase costs and two per cent of right-of-way and
construction phase costs, in the amount of $312,000.00; and approval by
Council and the Commonwealth Transportation Board will enable the City
to begin right-of-way acquisition as early as December 1, 1990, and
after the necessary right-of-way has been obtained, the project will be
ready for advertisement as early as March 1, 1991, with completion by
June 30, 1992.
The City Manager recommended the following actions:
Approve the location and major design features of
the widening and realignment of Second Street/
Gainsboro Road from 0.033 miles south of Salem
Avenue, S. W., to Orange Avenue, N. W., as pre-
sented at the May 22, 1990, Public Hearing.
Authorize acquisition of the necessary rights-
of-way for 82 parcels and provide for the City
Attorney to have authority to institute condem-
nation proceedings, as necessary.
Authorize the City Manager to execute, on behalf of
the City, all necessary railroad and utility
agreements required in conjunction with acquiring
such rights-of-way.
Authorize Amendment No. 6 to the engineering
contract with Mattern & Craig, P. C., Consulting
Engineers, to provide for an increase of $66,476.37
(subject to approval by the Virginia Department of
Transportation), for a total not to exceed
$1,639,677.77.
589
ACTION:
Appropriate total State front funding, in the
amount of $1,266,476.37, to Account No. 008-052-
9547-9007, transfer local match, in the amount of
$33,323.82, from the 1988 Bond Issue Streets and
Bridges Account to Account No. 008-052-9547-9001,
and increase accounts receivable from the State by
$1,266,476.37.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#30253-100190) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 104.)
Mr. Musser moved the adoption of Ordinance No. 30253-100190. The
motion was seconded by Mr. Fitzpatrick.
The City Manager advised that at the regular meeting of Council
held on Monday, September 24, 1990, Mr. Bowers requested specific
information with regard to Our Lady of the Valley Retirement Community,
the Gainsboro Neighborhood and First Baptist Church as it pertains to
the Gainsboro Road project. He further advised that the Director of
Public Works was prepared to brief the Members of Council on the
matter.
Mr. William F. Clark, Director of Public Works, presented a com-
munication from The Reverend Carl T. Tinsley, President, Gainsboro
Neighborhood Development Corporation, advising that the Gainsboro Pro-
ject Area Committee and the Gainsboro Neighborhood Development
Corporation Board of Directors support the Gainsboro Road project with
regard to modifications which were presented by the City at a meeting
held at Sweet Union Baptist Church.
Mr. Clark referred to a communication from Our Lady of the Valley
Retirement Community and asked that he be permitted to speak to certain
points in the letter. Specifically, he referred to paragraph 3 which
provides as follows: "The Diocese of Richmond supports the City of
Roanoke's efforts to provide adequate and effective transportation to
the City of Roanoke through its gateway to the City; however, the
Diocese of Richmond encourages the City of Roanoke to have the vision
to provide aesthetically pleasing lighting and streetscape that pro-
tects the current neighbors and friends that reside on Gainsboro Road
and Wells Avenue. The protection should include handicap access, han-
dicap crosswalks, handicap signaling and that protection should be
installed now. There should not be delays based on when the situation
merits it, situation meriting converts to traffic deaths."
Mr. Clark stated that handicap access, crosswalks, and signaling
are included in the project, and special design features will be
included in the pedestrian crosswalks at the intersection of Gainsboro
590
Road and Patton Avenue and at the intersection of Gainsboro Road and
Gilmer Avenue which are somewhat unique for the City of Roanoke, with
certain innovative pavement blocks that will specifically identify
crosswalks at the abovestated intersections.
Mr. Clark referred to paragraph 2 on page 2 of the communication;
viz: "The Diocese of Richmond, having invested heavily in Roanoke and
in Gainsboro, requests that the City of Roanoke reciprocate. Specifi-
cally, the Diocese of Richmond would ask that you install Metal Halite
(white lighting and light standards) identical to those on Jefferson
Avenue (with flowered baskets in season)."
Mr. Clark advised that serious consideration was given to the
above request, and pointed out that throughout the City, the standard
for street lighting has been the sulfur orange glow lighting; however,
the City's consultant estimates that the requested decorative street
lighting will cost approximately $1.6 to $1.8 million; therefore, for
obvious reasons, the City Manager was not inclined to make such a
reconm~ndation to Council. He called attention to a similar request of
Old Southwest, Inc., for decorative street lighting in connection with
the Franklin Road Widening Project which was denied by the City due to
cost factors.
The Director of Public Works referred to paragraph 3 on page 2 of
the communication; viz: "The Diocese of Richmond respectfully requests
that another review of the design speed occur if the provision of a new
streetscape cannot occur. A streetscape similar to Jefferson Avenue
would cause motorists to maintain a 25 mile per hour driving speed
rather than 50 miles per hour because of the residential appeal that
the streetscape would offer. If the streetscape cannot be modified,
the City should give serious and deliberate consideration to the imple-
mentation of a 25 mile per hour design speed in order to protect the
neighbors and friends that reside along Gainsboro and Wells Avenues.
As you know, Hershberger Road, near Valley View Mall, currently has the
design speed of 30 miles per hour, and the traffic along Hershberger
Road is proceeding at rates of speed far in excess of 35 miles per
hour."
Mr. Clark explained that design speed is not the posted speed of
the road, but instead sets the geometrics of the road (the sharpness of
the curves and steepness of the grades) and is intended for pedestrian
and vehicular safety. He explained that design speed is always set at
a higher level than that which is posted in order to insure that the
geometrics of the design are safe. He added that Second Street will
carry a 30 miles per hour design speed to insure that the geometrics
are safe for motorists and pedestrians, but the posted speed limit will
be 25 miles per hour.
Mr. Clark explained that appropriate landscaping has been ade-
quately addressed.
591
ACTION:
ACTION:
Ordinance No. 30253-100190 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor .......... 7.
NAYS: None ...................
Mr. Bowers offered the following Resolution:
(#30254-100190) A RESOLUTION approving the location and major
design features of the Second Street/Gainsboro Road Project; declaring
the intent of the City to acquire necessary right-of-way for the
Project; and authorizing the execution of railroad and utility
agreements.
(For full text of Resolution, see Resolution Book No. 52, page 105.)
Mr. Bowers moved the adoption of Resolution No. 30254-100190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ................. 7.
NAYS: None ............ O.
Mr. Fitzpatrick offered the following emergency Ordinance:
(#30255-100190) AN ORDINANCE providing for the acquisition of
right-of-way needed by the City for the widening and realignment of
Second Street/Gainsboro Road from Orange Avenue, N. W., to Salem
Avenue, S. W., authorizing the City Manager to fix to a certain limit
the consideration to be offered by the City for the right-of-way; pro-
viding for the City's acquisition of such right-of-way by condemnation,
under certain circumstances; authorizing the City to make a motion for
the award of a right of entry on any of the affected real estate for
the purpose of commencing the widening and realignment of Second
Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue,
S. W.; directing the mailing of this ordinance to the affected property
owners; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 106.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30255-100190.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ......... 7.
NAYS: None ......... O.
592
ACTION:
Mr. Fitzpatrick offered the following Resolution:
(#30256-100190) A RESOLUTION approving the City Manager's
issuance of Amendment No. 6 to the City's contract with Mattern &
Craig, Consulting Engineers, for services performed in connection with
the widening and realignment of Second Street/Gainsboro Road and Wells
Avenue.
(For full text of Resolution, see Resolution Book No. 52, page 107.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30256-100190.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor .......................... 7.
NAYS: None .................
HOUSING: The City Manager submitted a written report advising
that the Rental Rehabilitation Program is a cooperative program among
the Department of Housing and Urban Development (HUD), the City, and
the Roanoke Redevelopment and Housing Authority, to encourage rehabili-
tation of privately-owned rental property in targeted neighborhoods;
and Roanoke received its 1990 Program allocation, in the amount of
$90,000.00, from HUD in June 19g0, to provide the following:
Program subsidies will be used in support of the
Neighborhood Stabilization and Enhancement Program
(NSEPtion);
Funds from HUD would be loaned to property owners
to pay approximately one-third of rehabilitation
costs, as a zero per cent interest loan, to be
repaid to the Housing Authority and City over ten
years;
Balance of rehabilitation costs would be loaned to
property owners by the Virginia Housing Development
Authority (VHDA) from funds allocated to Roanoke
from the Virginia Housing Partnership Fund. A por-
tion of said funds would be in the form of a grant
for energy-conserving repairs, and a loan at six -
eight per cent interest for 15 years for the
remaining repairs.
Principal burden of responsibility for administra-
tion will be borne by the City rather than the
Housing Authority as has been in the past.
593
(!
ACTION:
It was further advised that acceptance of the HUD grant, in the
amount of $90,000.00, was approved by Council on August 27, 1990, pur-
suant to Resolution No. 30219-82790; that the Housing Authority is
responsible for and currently occupied with administration of approxi-
mately $492,000.00 of rehabilitation from the 1988 Rental Rehabilita-
tion Program, and $318,000.00 from the 1989 Rental Rehabilitation
Program; and execution of a Memorandum of Understanding with the
Housing Authority is necessary to specify the arrangements between the
Housing Authority and the City for implementation of the 1990 Program.
The City Manager explained that the Memorandum of Understanding
provides that the City will administer most aspects of the Program,
including processing loan application packages up to loan closing, but
the Housing Authority will make the loans of HUD funds, hold the deeds
of trust, and perform post-rehab monitoring for compliance with on-
going requirements of the deeds of trust; and use of 1990 Rental
Rehabilitation Program funds, in conjunction with NSEPtion, is ready to
begin using funds currently allocated to the City of Roanoke from the
Virginia Housing Partnership Fund.
The City Manager recommended that he be authorized to execute the
Memorandum of Understanding with the Housing Authority for administra-
tion of the 1990 Rental Rehabilitation Program, subject to approval by
the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#30257-100190) AN ORDINANCE authorizing the execution of a
Memorandum of Understanding with the City of Roanoke Redevelopment and
Housing Authority pertaining to the administration of a Rental
Rehabilitation Program; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 107.)
Mr. Bowers moved the adoption of Ordinance No. 30257-100190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Musser, White, Bowers, Bowles
and Mayor Taylor ............. 6.
NAYS: None ........ O.
(Council Member Harvey abstained from voting.)
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that the contract to remove sludge from the Water
Pollution Control Plant with Bio Gro Systems, Inc., was renewed on
June 6, 1990, with cost per dry ton presently in the amount of $77.62;
that conditions in connection with the scope of work have changed
inasmuch as the State requires the liming of fields to ensure that pH
594
ACTION:
is 6.5, which is a measure of acidity in the soil; and lime addition to
the fields will increase the cost per dry ton to $80.29, and the $2.67
per dry ton increase will amount to $16,010.00 annually based on a
minimum contract quantity of 6,000 dry tons.
The City Manager recommended that Council authorize a change order
to the contract with Bio Gro Systems, Inc., to provide for $80.29 per
dry ton in order to satisfy State pH recommendations.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30258-100190) A RESOLUTION authorizing a change order to the
City's contract with Bio Gro Systems, Inc. for sludge removal at the
Sewage Treatment Plant.
(For full text of Resolution, see Resolution Book No. 52, page 108.)
Mrs. Bowles moved the adoption of Resolution No. 30258-100190.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ......................... 7.
NAYS: None ....... O.
SPECIAL PERMITS-STREETS AND ALLEYS: The City Manager submitted a
written report advising that a conditional permit for encroachment of
property owned by Joseph A. Parrish over and into the right-of-way of
Adams Street, N. W., located adjacent to 3804 Melrose Avenue, N. W.,
was granted by Council, pursuant to Ordinance No. 30152-72390, adopted
on July 23, 1990, on the condition that it be revocable at the pleasure
of the City; that the condition that the permit be revocable at the
pleasure of the City has presented problems to the property owner in
his attempts to sell the property; and the property owner has requested
that the condition be revised to state that the encroachment may remain
as long as the building stands, unless the City needs the right-of-way
for street widening, utilities or sidewalk construction.
The City Manager recommended that Council authorize the appro-
priate City officials to execute a revised conditional permit allowing
the encroaching structure located at 3804 Melrose Avenue, N. W., to
encroach into Adams Street, N. W., as long as the building stands,
unless the City needs the right-of-way in question for street widening,
utilities or sidewalk, subject to approval by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the following Ordinance be placed upon its
first reading:
595
ACTION:
(#30259) AN ORDINANCE granting a conditional permit for an
existing structure encroaching over and into the right-of-way of Adams
Street, N. W., located adjacent to 3804 Melrose Avenue, N. W., Official
Tax No. 2762008, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 112.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ........ 7.
NAYS: None ........ O.
Inasmuch as it was necessary for Council Member Bowers to leave
the Council meeting before the Introduction and Consideration of
Ordinances and Resolutions section of the agenda, and in order for Mr.
Bowers to cast his vote, the Mayor requested that Council act on the
following items with regard to a fiber optic telecommunication system
to be operated and maintained by Roanoke and Botetourt Telephone
Company; and exchange of certain real property between the City and
Roanoke Memorial Hospitals.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ROANOKE AND BOTETOURT TELEPHONE COMPANY: Ordinance No. 30250-
100190 granting to Roanoke & Botetourt Telephone Company the right, for
the term and upon the conditions stated in the above referenced ordi-
nance, to use the streets, alleys and public ways of the City to erect,
construct, operate and maintain a fiber optic telecommunication system
and to construct, install and maintain fiber optic cable and associated
equipment, including poles, wires, cables, conduits and appurtenances
necessary to the sale and distribution of fiber optic telecommunication
services in and along the streets, alleys and other public ways in the
City of Roanoke, Virginia; and establishing conditions controlling the
exercise of said franchise and regulating the manner of using the
streets, alleys and public ways, having previously been before the
Council for its first reading on Monday, September 24, 1990, read and
adopted on its first reading and laid over, was again before the body,
Mr. Fitzpatrick offering the following for its second reading and
final adoption:
(#30250-100190) AN ORDINANCE granting to Roanoke & Botetourt
Telephone Company the right, for the term and upon the conditions
herein stated, to use the streets, alleys and public ways of the City
to erect, construct, operate and maintain a fiber optic telecom-
munication system and to construct, install and maintain fiber optic
cable and associated equipment, including poles, wires, cables, con-
duits and appurtenances necessary to the sale and distribution of fiber
optic telecommunication services in and along the streets, alleys and
other public ways in the City of Roanoke, Virginia; and establishing
conditions controlling the exercise of said franchise and regulating
the manner of using the streets, alleys and public ways.
(For full text of Ordinance, see Ordinance Book No. 52, page 9§.)
596
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 30250-100190.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ..................... 7.
NAYS: None ........................... O.
SALE/PURCHASE OF PROPERTY-ROANOKE MEMORIAL HOSPITALS: Ordinance
No. 30251-100190 authorizing a contract between the City and Roanoke
Memorial Hospitals providing for the conveyance by the City to Roanoke
Memorial Hospitals of certain property located adjacent to the Hospital
and conveyance by Roanoke Memorial Hospitals to the City of a certain
approximate .42 acre parcel of property, together with payment to the
City, in the amount of $484,982.00, upon certain terms and conditions
as more particularly set forth in a report to the Council dated
September 24, 1990, from the Water Resources Committee, having pre-
viously been before the Council for its first reading on Monday,
September 24, 1990, read and adopted on its first reading and laid
over, was again before the body, Mr. Harvey offering the following for
its second reading and final adoption:
(#30251-100190) AN ORDINANCE authorizing a contract between the
City and Roanoke Memorial Hospitals providing for an exchange of real
property upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 103.)
Mr. Harvey moved the adoption of Ordinance No. 30251-100190. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Bowles Mayor Taylor .................. 6.
NAYS: None ......... O.
(Mayor Taylor abstained from voting inasmuch as he serves on the Board
of Directors of Roanoke Memorial Hospitals.)
At this point, 2:30 p.m., Council Member Bowers left the meeting.
SALVATION ARMY: The City Manager submitted a written report
advising that tile Salvation Army applied, through the Citizens'
Services Committee, for City funds in the amounts of $25,000.00 to
operate a program for the homeless, and $25,000.00 to operate a shelter
for battered women; and the City Attorney, pursuant to a written opi-
nion under date of April 23, 1986, stated that the City may contract
with the Salvation Army, a church or sectarian institution, as long as
the contract is for the care of indigent sick or injured persons, and
payment of City funds under any contract does not exceed the fair
market value of services rendered.
ACTION:
It was further advised that the Citizens' Services Committee
recommended an appropriation, in the amount of $23,000.00, for fiscal
year 1990 - 1991 to be used for either program, which recommendation
was concurred in by Council; and the Salvation Army has requested that
the $23,000.00 be divided between the Abused Women's and Homeless
Programs, as follows:
$13,000.00 for the Abused Women's Program.
$10,000.00 for the Homeless Program.
The City Manager recommended that he be authorized to execute two
contracts approved by the City Attorney with the Salvation Army for the
payment of services delivered by the Abused Women's and Homeless
Programs.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#30260-100190) A RESOLUTION authorizing the City Manager to
enter into two contracts with the Salvation Army for payment of ser-
vices delivered by the organization's Abused Women's Program and
Homeless Program to citizens of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 52, page 108.)
Mr. Musser moved the adoption of Resolution No. 30260-100190. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowles
and Mayor Taylor ....... 6.
NAYS: None ............
(Council Member Bowers was absent.)
REPORTS OF COMMITTEES:
BUDGET-STREETS AND ALLEYS-INDUSTRIES: Council Member William
White, Sr., Chairman of a committee appointed by the Mayor to
tabulate bids received for the realignment and relocation of Thirlane
Road, N. W., presented a written report on behalf of the committee,
recommending that Council award a contract to S. R. Draper Paving
Company, in the amount of $1,261,160.07, and establish a contingency,
in the amount of $70,924.93, for a total not to exceed $1,332,103.00;
that all other bids received by the City be rejected; and establish
funding, as follows, in accounts to be established by the Director of
Finance:
597
598
ACTION:
Appropriate $391,000.00 from Industrial Access
Funds from the Commonwealth of Virginia and
establish a receivable account in the Capital
Projects Fund.
Appropriate $78,088.00 Water Fund share from COVA
(UPS) and establish a receivable account in the
Water Fund.
Appropriate $33,660.00 Sewer Fund share from COVA
(UPS) and establish a receivable account in the
Sewer Fund.
Transfer $4,700.00 from Sewer Fund Account No. 003-
056-3170-9085, Lateral Mai!ltenance, to a project
account in the Sewer Fund.
Transfer $101,055.00 from Water Fund Account No.
002-056-2178-9025, New Lines, to a project account
in the Water Fund.
Transfer $125,000.00 from the Capital Maintenance
Equipment Replacement Program (Roll Back Taxes).
T~ansfer $598,600.00 from the Capital Improvement
Reserve fiscal year 1990 Revenue Adjustment Account
No. 008-052-9575-9188 to a project account in the
Capital Improvements Fund.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30261-100190) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General, Water, Sewage and Capital Projects Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 108.)
Mr. White moved the adoption of Ordinance No. 30261-100190. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowles
and Mayor Taylor ............ 6.
NAYS: None ........ -0.
(Council Member Bowers was absent.)
Mr. White offered the following emergency Ordinance:
599
ACTION:
(#30262-100190) AN ORDINANCE accepting the bid of S. R. Draper
Paving Company, for realignment and relocation of Thirlane Road, upon
certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 110.)
Mr. White moved the adoption of Ordinance No. 30262-100190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowles
and Mayor Taylor ............ 6.
NAYS: Nolle ..... O.
(Council Member Bowers was absent.)
SALE/PURCHASE OF PROPERTY-FLOOD REDUCTION/CONTROL: Council Member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the committee with regard to sub-
mission of a formal application to the Federal Emergency Management
Agency for possible purchase by the Federal Government of certain
floodprone property in the 1900 block of Meadowbrook Road, N. W.
A staff report advised that floods in the Roanoke area have caused
widespread damage to businesses, residences and public property; that
substantial losses are incurred by private property owners and the
Federal Government each time Peters Creek floods; that the Peters Creek
Watershed experienced rapid development during the 1960's and 1970s;
that during this rapid growth period, prior to adoption of the City's
Floodplain Ordinance, more than 100 residences and businesses were
built within the 100 year floodplain of Peters Creek; and the City's
Floodplain Ordinance was adopted in October 1978 to restrict develop-
ment within certain 100 year floodplains and to qualify property owners
for Federally subsidized flood insurance.
It was further advised that a comprehensive flood damage reduction
study for Peters Creek was completed by City staff in December 1989,
which reco~ended a $4.4 million flood reduction project consisting of
clearing and snagging, channel widening, detention facilities, bridge
replacement and flood damage reduction for individual properties; that
with information provided by the Office of Management and Budget, the
study also recommended that the City pursue the opportunity to enhance
the flood reduction project by requesting Federal assistance through
the Federal Emergency Management Act (FEMA) 1362 Program; that purchase
of floodprone neighborhoods by FEMA is initiated by a request from the
local jurisdiction, with the jurisdiction agreeing to accept the vacant
property for "open space" area; and FEMA administers the Federal Flood
Insurance Program and developed the "1362" Program in an effort to
reduce the Federal Government's potential financial liability in extre-
mely floodprone areas.
6OO
ACTIOn:
It was explained that the 1900 block of Meadowbrook Road, in the
Peters Creek Watershed, is the most viable candidate for the FEMA
"1362" Program; that FEMA personnel met with City and County staff con-
cerning the "1362" Program in February 1990, conducted a field review
of several sites, and reviewed the frequency of floods; that property
would be purchased by FEMA and conveyed to the City of Roanoke, with
the structures to be razed; that the project area consists of 14 con-
tiguous residences, with a total assessed value in the amount of
$553,800.00; that FEMA "1362" purchase is ultimately voluntary on the
part of home-owners and is 100 per cent Federally funded; and assuming
all of the homes are razed rather than relocated, the City will lose
approximately $6,812.42 per year in real estate taxes.
The Water Resources Committee recommended that Council authorize
the City Manager to submit a formal application for the FEMA "1362"
Program for the residences in the 1900 block Meadowbrook Road and
adopt a resolution accepting any property resulting from Federal
purchase for open green space.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#30263-100190) AN ORDINANCE authorizing submission of an applica-
tion to the Federal Emergency Management Agency for possible purchase
by the federal government of certain property under the federal Flood
Purchase Program, authorizing acceptance by the City of property
purchased by the federal government under such program upon certain
terms and conditions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 111.)
Mrs. Bowles moved the adoption of Ordinance No. 30263-100190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowles
and Mayor Taylor ........ 6.
NAYS: None ........ O.
(Council Member Bowers was absent.)
Ms. Laura Goad, 1915 Meadowbrook Road, N. W., appeared before
Council and expressed appreciation to the City for assistance rendered
thus far,
Ms. Ruby Edwards, 1904 Meadowbrook Road, N. W., appeared before
Council and inquired if all affected property owners in the 1900 block
of Meadowbrook Road will be required to participate in the program in
order for property to be purchased; whereupon, the Director of Public
Works advised that inasmuch as the Flood Purchase Program is a federal
government program, the federal government will determine the criteria
to be followed and he could not answer the question with any degree of
certainty.
601
(!
ACTION:
UNFINISHED BUSINESS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY Tile MAYOR AND MEMBERS OF COUNCIL:
PARKS AND PLAYGROUNDS: With regard to the display of yellow rib-
bons in recognition of the Armed Forces in the Persian Gulf, Vice-Mayor
Musser advised that the following two suggestions had been offered by
citizens for consideration by the City Manager and the Roanoke Regional
Airport Commission:
the placement of yellow ribbons on flag poles
located at the War Memorial in Lee Plaza; and
e
a joint ceremony with the Roanoke Valley
Veterans Council in which yellow ribbons would
be placed on the flag poles at the Roanoke
Regional Airport, with the exception of the
United States Flag and the State of Virginia
Flag.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:00 p.m., the Mayor declared the meeting in recess.
At 4:05 p.m., Council Member Fitzpatrick left the meeting during
the Executive Session.
At 4:25 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Members Bowers and Fitzpatrick.
COUNCIL: Mr. Musser moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowles and Mayor
Taylor ................... 5.
NAYS: None ............ O.
(Council Members Bowers and Fitzpatrick were absent.)
ARCHITECTURAL REVIEW BOARD: The Mayor advised that the four year
term of Mr. Richard L. Meagher as a member of the Architectural Review
Board will expire on October 1, 1990, and called for nominations to
fill the vacancy.
6O2
Mr. Musser placed in nomination the name of Mr. Richard L. Jones.
There being no further nominations, Mr. Jones was reappointed as a
member of the Architectural Review Board, for a term ending October 1,
1994, by the following vote:
ACTION: FOR MR. JONES: Council Members Harvey, Musser, White, Bowles and
Mayor Taylor ......... 5.
(Council Members Bowers and Fitzpatrick were absent.)
ACTION:
Mr. Harvey moved that the Roanoke City residency requirement be
waived in this instance. The motion was seconded by Mr. Musser and
adopted.
CIVIC CENTER: The Mayor advised that the three year terms of
Messrs. John S. Edwards and Robert D. Edwards as members of the Roanoke
Civic Center Commission expired on September 30, 1990, and called for
nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Messrs. John S.
Edwards and Robert D. Edwards.
There being no further nominations, Messrs. John S. Edwards and
Robert D. Edwards were reappointed as members of the Roanoke Civic
Center Commission, for terms of three years each, ending September 30,
1993, by the following vote:
ACTION: FOR MESSRS. JOHN S. EDWARDS AND ROBERT D. EDWARDS: Council
Members Harvey, Musser, White, Bowles and Mayor Taylor ............... 5.
(Council Members Bowers and Fitzpatrick were absent.)
There being no further business, the Mayor declared the meeting
adjourned at 4:30 p.m.
ATTEST
City Clerk
APPROVED
Mayor
I!
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 8, 1990
7:30 p.m.
603
(m
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 8, 1990, at 7:30 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended.
PRESENT: Council Members James G. Harvey, II, William White, Sr.,
Beverly T. Fitzapatrick, Jr., and Vice-Mayor Howard E. Musser ................. 4.
ABSENT: Council Members David A. Bowers, Elizabeth T. Bowles and Hayor
Noel C. Taylor ...... 3.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Allen Smith,
Pastor, Clearview Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Musser.
BID OPENINGS:
CIVIC CENTER: Pursuant to notice of advertisement for bids for
repair of structural fire damage at the Roanoke Civic Center
Auditorium, said bids to be received by the City Clerk until 4:30 p.m.,
on Monday, October 8, 1990, and to be held, opened and read before the
Council at 7:30 p.m., on that date, or as soon thereafter as the matter
may be heard, the Vice-Mayor asked if anyone had any questions about
the advertisement for bids, and no representative present raising any
question, the Vice-Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER ITEM I ITEM 2
Q. M. Tomlinson, Inc.
Construction Services of
Roanoke, Inc.
Avis Construction Company,
Inc.
Building Specialist, Inc.
$69,500.00 $27,000.00
72,600.00 20,250.00
74,000.00 28,000.00
83,500.00 23,000.00
604
ACTION:
ACTION:
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
to Council. The motion was seconded by Mr. Fitzpatrick and adopted.
The Vice-Mayor appointed William White, Sr., Chairman, William F.
Clark and George C. Snead, Jr., as members of the committee.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 8, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. James W.
Hardie that a tract of land located at 5105 Williamson Road, N. W.,
identified as Official Tax No. 2190616 and portions of Official Tax
Nos.. 2190602 and 2190603, be rezoned from RS-3, Residential Single
Family District, to C-2, General Con~nercial District, subject to cer-
tain conditions proffered by the petitioner, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 21, 1990, and Friday, September 28, 1990J
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning, is to place said property in conformance
with adjacent property for commercial development, was before Council.
The Planning Commission recommended that Council approve the
request, advising that preservation of substantial natural vegetation
on the site, structural restoration and rehabilitation of the existing
building and the petitioner's awareness of the needs and concerns to
carefully design adequate buffering and screening on the site, in con-
junction with limiting the types of commercial uses to be permitted,
demonstrate a sensitivity to the neighborhood and a desire to promote a
quality and harmonious development in the area as set forth in the
comprehensive plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#30264) AN ORDINANCE to amend §36.1-3,. Code of the City of
Roanoke (1979), as amended, and Sheet No. 219, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 52, page 113.)
The motion was seconded by Mr. White.
ACTION:
The Vice-Mayor inquired if there were persons present who would
like to address Council with regard to the request for rezoning. There
being none, Ordinance No. 30264 was adopted, on its first reading, by
the following vote:
AYES: Council Members Harvey, White, Fitzpatrick and Vice-Mayor
Musser ........ 4.
NAYS: None .......
(Mayor Taylor and Council Members Bowers and Bowles were absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 8, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of
Roanoke that a tract of land located on the east side of Mecca Street,
N. E., south of Orange Avenue (U. S. 460), identified as Official Tax
Nos. 7090401 and 7080101, be rezoned from RS-3, Residential Single-
Family District, to LM, Light Manufacturing District, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 21, 1990, and Friday, September 28, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning is to permit the construction of a munici-
pal fire station, was before Council.
The Planning Commission recommended that Council approve the
request, advising that construction and operation of a municipal fire
station in the area would increase the City's response time for fire
and emergency medical advance life support services to the residents
and businesses along the rapidly developing 460 East corridor and
adjoining areas and will be in keeping with one of the implementation
strategies of the comprehensive plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#30265) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 708 and 709, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 52, page 114.)
The motion was seconded by Mr. Harvey.
6O5
6O6
ACTION:
The Vice-Mayor inquired if there were persons present who would
like to address Council with regard to the request. There being none,
Ordinance No. 30265 was adopted, on its first reading, by the followin9
vote:
AYES: Council Members Harvey, White, Fitzpatrick and Vice-Mayor
Musser .................. 4.
NAYS: None ......................
-0.
(Mayor Taylor and Council Members Bowers and Bowles were absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 8, 1990, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of the City Planning
Commission to rezone 131 parcels of land lying approximately south of
22nd Street, S. W., north of 26th Street, approximately west of
Rosalind Avenue, and east of Avenham Avenue, from RM-1, Residential
Multi-Family, Low Density District, to RS-3, Residential Single Family
District; to rezone nine parcels of land lying on the east side of
Rosalind Avenue, S. W., between 24th Street and 23rd Street from RM-2,
Residential Multi-Family, Medium Density District, to RS-3, Residential
Single Family District; and to rezone 22 parcels of land lying on the
south side of Broadway Avenue, S. W., between Longview Avenue and
McClanahan Avenue from RM-2, Residential Multi-Family, Medium Density
District, to RM-1, Residential Multi-Family, Low Density District, the
matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 21, 1990, and Frid~y,"Septem~er 28, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
"AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet Nos. 105 and 106, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property with the City."
The motion was seconded by Mr. White.
The Vice-Mayor inquired if there were persons in attendance who
would like to address Council with regard to the matter. He pointed
out that inasmuch as three Members of Council were absent, Council
would hear the remarks of interested citizens; however, action on the
matter would be deferred until the next regular meeting of Council on
Monday, October 15, 1990, at 2:00 p.m., at which time it was expected
that the entire Council would be present and acting.
6O7
Mr. Joseph G. Woodard, 2128 Broadway Avenue, S. W., advised that
he represented himself, as well as his brother, with regard to property
located at 2125 Carolina Avenue, S. W. He referred to a communication
which was filed with the City Planning Commission expressing a desire
not to have his property rezoned inasmuch as there is commercial
encroachment surrounding the property. He added that he was not
opposed to the rezoning in general.
Ms. Barbara Duerk, 2607 Rosalind Avenue, S. W., Chairperson,
Neighbors in South Roanoke, appeared before Council and presented a
petition signed by 54 persons requesting that Council support the
rezoning plan for South Roanoke which was originally submitted to the
City Planning Commission and includes the following: all properties
(131 parcels) south of 22nd Street and north of 26th Street, west of
Rosalind Avenue and east of Avenham Avenue from RM-1, Residential
Multi-Family Low Density District, to RS-3, Residential Single-Family
District; nine parcels of land lying on the east side of Rosalind
Avenue, between 24th Street and 23rd Street, from RM-2, Residential
Multi-Family Medium Density District (up 5 units) to RS-3, Residential
Single-Family; 22 parcels of land lying on the south side of Broadway
Avenue between Longview Avenue and McClanahan Street from RM-2,
Residential Multi-Family Medium Density District, to EM-l, Residential
Multi-Family Low Density District (duplex).
(For full text, see petition on file in the City Clerk's Office.)
Ms. Duerk quoted from various sections of the Roanoke Vision, a
comprehensive development plan which is intended to guide the City's
future growth and development to the year 2005. With regard to the
South Roanoke Neighborhood Plan, she pointed out that on page 7, under
'~'h"e category of Neighborhood Comments, residents indicated that single-
family homes are needed in the area and existing homes should be pre-
served as single-family structures as opposed to conversion to duplex,
in order to encourage homeownership for new families moving into the
area; and housing for elderly residents is also needed for those per-
sons wishing to remain in or retire to South Roanoke, with apartments
or condominiums being identified as important in order to fill that
need. She pointed out that the South Roanoke Neighborhood Plan also
stressed that the design of new residential construction was important
in order to maintain the single-family residential character of the
neighborhood; that new construction should be compatible with existing
residences and complement the character of the neighborhood; that in
order to protect the existing single-family character, zoning changes
from multi-family to single-family were recommended for a portion of
the neighborhood from 22nd Street to 26th Street; and other zoning
changes in order to reduce the degree of multi-family development were
intended to be recommended on the south side of Broadway Avenue.
Ms. Duerk advised that compromises have been made and numerous
property owners have inquired as to why their homes were not included
in the single-family zoning, however, property owners realize that
there is a need for condominiums and apartments, therefore, some areas
had to be excluded. With regard to the triangle area and the petition
which was presented to the City Planning Commission requesting that no
608
changes be made in the status of the zoning, she stated that the people
who signed the petition, with the exception of the Woodard and the
Feldmann properties, do not reside in the homes but use the properties
for investment purposes. She further stated that single-family houses
on corner lots have been purchased for investment purposes, and it is
felt that the zoning should remain single-family; that the neighborhood
does not have a national historic designation to protect its integrity
and its only hope is that residents can express their concerns to
Council, as documented in the South Roanoke Neighborhood Plan, and rely
on City Council to support their vision.
Mr. Roy C. Kinsey, Jr., 2975 Rosalind Avenue, S. W., advised that
he owns property located in the triangle area on the corner lot; that
his property is a two apartment unit, with the upstairs apartment being
rented, and he takes offense to any remarks that his rental property is
not properly maintained. He stated that he would prefer that his pro-
perty retain its present zoning of RM-2 as recommended by the City
Planning Commission.
Mr. Clayton L. Preas, 501 24th Street, S. W., appeared before
Council on behalf of persons residing in the 2300 and 2400 blocks of
Wycliffe Avenue and the 500 block of 24th Street, S. W., and presented
a petition signed by 38 persons in opposition to the zoning of property
in the 2400 block of Wycliffe Avenue for multiple family dwellings,
which opposition would include new construction, as well as remodeling
of existing structures. He advised that it is the consensus that multi
family housing will not improve the neighborhood; that the neighh-
borhood is family-oriented with many new families moving into the area;
that it is a neighborhood where children play on the streets and multi
family housing would deteriorate from that type of environment. He
added that the neighborhood has a good mix of duplexes, apartments,
townhouses, small homes, large homes, and it is felt that newly
constructed buildings would not mix well with the architecture of the
older buildings. He requested that the above referenced two blocks not
be deleted from the rezoning.
Ms. Debbie Tinsley, 2306 Carolina Avenue, S. W., inquired as to
the reason that the Turner and Parrott properties were excluded from
the recommendation of the City Planning Commission. She stated that if
the intended goal is to do away with the construction of more duplexes,
then an exception should not be made for anyone inasmuch as duplexes
will decrease the value of existing property. She advised that there
are numerous condominiums and apartment complexes on Stephenson Avenue,
Longview Avenue, Jefferson Street and Broadway Avenue, therefore,
elderly citizens can find a place to live in South Roanoke without the
construction of new housing facilities.
Mr. Fitzpatrick requested that the City Attorney provide Council
with a written report at the next regular meeting with regard to what
constitutes spot zoning.
609
If the rezoning is approved, question was raised as to whether or
not the City would be setting a precedent for other neighborhoods to
request that five or six blocks be rezoned so that, in effect, there
could be no conversion to duplex; whereupon, the City Attorney advised
that he did not believe that a precedent would be set inasmuch as each
neighborhood must be considered based on tile comprehensive plan which
was designed and drafted through a citizen based planning process for
that particular neighborhood. He explained that the intent of this
particular rezoning is to carry out the comprehensive plan which was
developed for the South Roanoke neighborhood.
Mr. John R. Marlles, Secretary, City Planning Commission, added
that it should be realized that the City is working with a zoning map
that dates back to 1966, even though the text has been updated and cer-
tain modifications have been made in the density of residential
districts. He advised that the zoning map dates back to a time when
suburbanization was occurring around the country, when federal highway
development was occurring, when there was a heavy exodus of people from
the cities, and there was a real question at the time, not only in
Roanoke, but in other cities around the country, as to whether or not
inner-city neighborhoods were ever going to be desirable for single-
family development. Therefore, he pointed out that the planners, in
their wisdom, substantially increased the density permitted in many of
the cities, zoning the neighborhoods as well as allowing commercial
development and industrial development to occur in what were and still
are to a large extent residential neighborhoods. He explained that the
process Roanoke elected to follow to fine tune its zoning map was the
neighborhood planning process, and it is intended as the City goes
through the neighborhood planning process, to bring additional areawide
rezonings to Council.
Ms. Lauren Breakell, 3256 Allendale Street, S. W., spoke with
regard to the integrity of the neighborhood. She advised that there
are many children in the South Roanoke area; that multi-family zoning
means mere people and to allow more rental property will generate more
traffic and increase the danger of traffic accidents.
Ms. Sherrie M. Boone, 2202-04 Wycliffe Avenue, S. W., advised that
she lives in a large 12-room house which is equipped with two kitchens,
two bathrooms, two front entrances, two rear entrances and two back
porches. She stated that the house was used as a duplex from 1972
until 1986 when she had one wall removed which was three feet wide and
nine and one-half feet tall, at which time the house became a single-
family dwelling. She explained that it has been her intent to live in
the house, along with her two children, and then rent part of the house
when her children are on their own. She stated that it was her
understanding that her house would be "grandfathered" as a duplex,
however, she was advised by staff of the Planning Department that her
property cannot be "grandfathered" since its current use is not as a
duplex.
610
Based upon the history of the house and her intent since occupancy
in 1986, Ms. Boone requested that her property located at 2202-04
Wycliffe Avenue (which is the corner house bound on the front and side
by property presently zoned RM-1 and on the rear by a doctor's office)
be deleted from the proposed rezoning to RS and be allowed to retain
its present zoning as RM-1.
Communications from Edward R. and Carolyn J. Barnes, 2311 Wycliffe
Avenue, S. W., Raymond R. Miller, Mr. and Mrs. Jonathan A. Collins,
P. L. Reid, 2429 Wycliffe Avenue, S. W., Ralph C. Hiley, 505 24th
Street, S. W., Deborah N. Mattern, 2419 Wycliffe Avenue, S. W., George
and Harriett Remaine, E. A. Mitchell, Gary H. Giemer, 2330 Wycliffe
Avenue, S. W., J. M. and Laura M. Sykes, Mr. and Mrs. Clayton Preas,
501 24th Street, S. W., and Jerome R. and Elizabeth Freund, 2306
Wycliffe Avenue, S. W., protesting the two exemptions recommended by
the City Planning Commission in the 2400 block of Wycliffe Avenue,
which property is owned by James M. Turner and Jack C Parrott, were
before Counci 1. '
The abovereferenced communications requested that Council specifi-
cally deny the exemptions inasmuch as there are sufficient multi-family
dwellings in the neighborhood and further development of multi-family
housing will diminish the character of the older homes that now exist.
(For full text, see communications on file in the City Clerk's Office.)
A communication from Mr. Thomas K. Burr, 2319 Wycliffe Avenue,
S. W., advising that deletion of the Turner and Parrott properties is
not consistent with the goal of Resolution No. 25523; that he supports
the petition to deny exclusion of the Turner and Parrott properties;
and requested that Council rezone the area as intended, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
A communication from Ms. Susie Turner, 2405 Wycliffe Avenue,
S. W., advising that the quality and character of her neighborhood may
be threatened by the exceptions recommended by the City Planning
Commission regarding the proposed single-family zoning in certain parts
of the neighborhood, was before Council.
Ms. Turner stated that the character of Roanoke's older homes in
neighborhoods should be preserved, and one way to do that is to keep
them as single-family homes. She stated that she would like to see
that new construction of duplexes, apartment buildings and condominiums
not be allowed in areas designated as single-family by the South
Roanoke Neighborhood organization; and she would also like to know that
older houses could not be used by developers to convert existing struc-
tures into multiple family dwellings. Ms. Turner requested that Coun-
cil consider denying the exception of the two properties on Wycliffe
Avenue, one being a vacant lot which the owner plans to construct a
duplex and the other being her home, advising that it would be a real
ACTION:
loss to the neighborhood if this older home were no longer a single-
family residence. She pointed out that there are many apartments and
condominiums in the South Roanoke area and more are not needed.
(For full text, see communication on file in the City Clerk's Office.)
A communication from Mr. and Mrs. Donald G. Smith, Jr., 2412
Wycliffe Avenue, S. W., opposing the rezoning of property in the 2400
block of Wycliffe Avenue for multiple family housing, was before
Council.
Mr. and Mrs. Smith pointed out that such zoning would result in
the lowering of property values in the area; that incentives must be
offered in order for people to purchase homes in South Roanoke; that
many of the ho~,~s are old and in need of remodeling; that if the
necessary incentives are not in place, people will choose to purchase
homes in Roaonke County for less money; and construction of new
multiple family housing or remodeling of existing structures to
multiple family housing will effect the quality of life in the neigh-
borhood. They stated that it is important to keep the City's neigh-
borhoods attractive to those residing in the areas or considering the
purchase of property, and the City needs to consider ways to prevent
citizens from leaving the City for the increasingly attractive alter-
natives in the County.
(For full text, see communication on file in the City Clerk's Office.)
The Vice-Mayor inquired if there were other persons who wished to
address the Council. There being none, Mr. Harvey offered a substitute
motion that the public hearing be continued until the next regular
meeting of Council on Monday, October 15, 1990, at 2:00 p.m., or as
soon thereafter as the matter may be heard. The motion was seconded by
Mr. White and adopted.
At 9:45 p.m., the Vice-Mayor declared the meeting in recess.
At 9:50 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all Members of the Council in atten-
dance, with the exception of Council Members Bowles and Bowers and
Mayor Taylor.
611
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He called
attention to a request for an Executive Session to discuss a personnel
matter, specifically the appointment of a specific public officer.
612
ACTION:
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss a personnel matter, specifi-
cally the appointment of a specific public officer, pursuant to Section
2.1-344 (Al (1), Code of Virginia (1950), as amended, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the request of the
Vice-Mayor to convene in Executive Session to discuss a personnel
matter, specifically the appointment of a specific public officer, pur-
suant to Section 2.1-344 (Al (1), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Harvey, White, Fitzpatrick and Vice-Mayor
Musser ............. 4.
NAYS: None ..................
(Mayor Taylor and Council Members Bowers and Bowles were absent.)
RADIO/TELEVISION: A communication from Council Member David A.
Bowers with regard to the return of Washington WTTG-Channel 5 to the
programming schedule offered to subscribers of Cox Cable television in
the Roanoke viewing area, was before Council.
Mr. Bowers advised that Channel 5 was a popular addition to the
Roanoke cable television system for many years, going back to the
late 1970's; that unfortunately, the channel had to be blacked out
because of new FCC rules which prevented network progran~ning on an out-
of-town channel which would be identical to that broadcast on a local
channel; that apparently, when the Lynchburg station, WJPR-TV, began
broadcasting Fox network programs, WTTG-Washington would have had to be
blacked out for any network programming presented at the same time; and
for this reason, WTTG was dropped sometime within the last year, and
WGN-Chicago was added.
Mr. Bowers further advised that Roanokers have long enjoyed the
broadcast from WTTG in Washington; that Roanoke citizens are more
interested in weather reports and the goings on of the Mayor of
Washington than how much snow fell in Chicago or the goings on of
Mayor Daley; that the 10:00 p.m., news on the Washington station was
very popular in the City of Roanoke; and citizens likewise, found more
interest in local programming and commercials from the Washington area
than from "Chicagoland."
Councilman Bowers explained that the most important aspect for
many in the Roanoke Valley regarding Channel 5 was its excellent
coverage of Washington Redskins football; that inasmuch as WJPR has
combined with WVFT to simulcast their stations, there is no real reason
for them to occupy two channels (Channels 17 and 18) on Roanoke cable-
vision; that there should not be a problem with providing one channel
for WJPR/WVFT and providing the other channel for WTTG-Washington, even
ACT ION:
ACTION:
ACTION:
though that channel would have to be blacked out when Fox Network
programming is broadcast on WJPR; and that would mean that someone
watching WTTG on Channel 18 would have to turn one notch over to
Channel 17 to catch the Fox shows on WJPR/WVFT.
Mr. Bowers recommended that the matter be referred to the Regional
Cable Television Committee.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the communication be referred to the
Regional Cable Television Committee. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Harvey, White, Fitzpatrick and Vice-Mayor
Musser ............................
NAYS: None ...........
(Mayor Taylor and Council Members Bowers and Bowles were absent.)
CITY ATTORNEY: A report of qualification of Mr. Wilburn C.
Dibling, Jr., as City Attorney of the City of Roanoke, for a term of
two years, commencing on October 1, 1990, and ending on September 30,
1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office,)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Harvey, White, Fitzpatrick and Vice-Mayor
Musser ............... 4.
NAYS: None ....... O.
(Mayor Taylor and Council Members Bowers and Bowles were absent.)
SCHOOLS: A report of qualification of Mr. Charles W. Day as a
Trustee of the Roanoke City School Board to fill the unexpired term of
Mr. E. Clabon Edwards, resigned, ending June 30, 1993, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
m
AYES: Council Members Harvey, White, Fitzpatrick and Vice-Mayor
Musser ....................... 4.
NAYS: None ....... O.
(Mayor Taylor and Council Members Bowers and Bowles were absent.)
ACTION:
ACTION:
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
ANIMALS: A communication from Council Member William White, Sr.,
recommending adoption of a measure recognizing the efforts of two citi-
zens, Ms. Altha Dowe and Ms. Doris Thurman, in the rescue of a child,
India Renee Hairston, who was recently attacked by a Rottweiler dog on
her way to kindergarten, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the matter be referred to the City Attorney
for preparation of the proper measure. The motion was seconded by Mr.
Harvey and adopted.
ANIMALS-LEGISLATION: A communication from Council member William
White, Sr., recommending adoption of a measure encouraging the City's
representatives to the General Assembly to support enactment of
stronger legislation relating to animal control laws in Virginia, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the matter be referred to the City Attorney
for preparation of the proper measure. The motion was seconded by Mr.
Harvey and adopted.
Mr. Harvey moved that the City Manager and the City Attorney be
requested to report to Council with regard to regulating cats running
at large in the City. The motion was seconded by Mr. Fitzpatrick and
adopted.
REPORTS OF OFFICERS:
CITY ~NAGER:
BRIEFINGS:
NUISANCES-CITY CODE: Mr. Gary S. Fenton, Manager, Department of
Parks and Recreation, appeared before Council and presented a
comparison of proposed changes to the City's weed abatement ordinance,
as follows:
fl
ACTION:
Current Ordinance
Proposed Ordinance
Enforcement from 5/1 to
lO/1.
Year Round Enforce-
mento
Administrative surcharge is
thirty per cent of total
abatement bill.
Administrative sur-
charge is $50,00 for
all abatements.
Penalty charge of an addi-
tional ten per cent, for-
given if assessment is paid
without appeal (post
abatement hearing),
No penalty charge
under any circum-
stances.
No consideration given for
lots in excess of one acre
( "acreage"),
Owners of acreage may
be asked to mow fifty
feet back from pro-
perty lines,
No exclusion for undisturbed Exclusion for undis-
woodland, turbed woodland.
"Weed" defined in terms of
centimeters, which "trans-
lated'' into 13.65 inches,
"Weed" defined in
terms of inches (14).
Ordinance called for the
posting of assessments for
weed abatement 14 days
prior to hearing to appeal
assessment as incorrect.
Posting not required;
property owner noti-
fied of necessity to
request appeal hear-
ing if he considers
charges incorrect.
Mr. Harvey moved that the briefing be received and filed with
appreciation. The motion was seconded by Mr. Fitzpatrick and adopted.
ITEMS RECOMMENDED FOR ACIION: NONE.
CITY ATTORNEY:
LEGISLATION-CITY CHARTER: The City Attorney submitted a written
report transmitting the City's proposed Legislative Program for the
1991 Session of the General Assembly, advising that after Council has
had a full opportunity for review of the document, it should be offi-
cially endorsed by adoption of a resolution so that Council's annual
meeting with the City's representatives to the General Assembly may be
scheduled at an early date.
615
616
ACTION:
Mr. Dibling explained that the Legislative Program includes two
proposals relating to the Hotel Roanoke Conference Center, the first
being a request for the creation of a special purpose commission to
finance and operate the Conference Center, and the second being a
request for creation of new funding mechanisms to assist the City in
construction of the Trade and Convention Center.
With respect to City Charter Amendments, the City Attorney pointed
out that two of the proposed amendments are intended to protect the
City's historic and unique neighborhoods, the first of which would
create new penalties for destruction of a historic structure without a
required permit by the City, and the second would request authority for
a design overlay district to protect unique neighborhoods from incom-
patible new construction.
It was advised that Charter Amendments may be requested of the
General Assembly only after a public hearing has been held which must
be advertised ten days in advance; and requested that Council authorize
such advertisement to permit the public hearing to be held on Monday,
October 29, 1990, or some date thereafter to be selected by Council.
(For full text, see report and proposed Legislative Program on file in
the City Clerk's Office.)
Mr. Harvey moved that Council authorize a public hearing to be
held on Monday, October 29, 1990, at 2:00 p.m., or as soon thereafter
as the matter may be heard with regard to proposed City Charter amend-
ments. The motion was seconded by Mr. Fitzpatrick and adopted.
(Inasmuch as no Council meetings are held on the fifth Monday of
any month, Council at its regular meeting on Monday, October 15, 1990,
authorized a public hearing to be held on Monday, November 12, 1990, at
7:30 p.m., or as soon thereafter as the matter may be heard with regard
to proposed City Charter amendments.)
REPORTS OF COMMITTEES:
CIVIC CENTER: Council Member William White, Sr., Chairman of a
committee appointed by the Mayor to tabulate bids received for interior
renovations to the Civic Center Auditorium, presented a written report
on behalf of the committee, recommending that Council authorize the
City Manager to reject all bids and readvertise the revised project for
receipt of bids as soon as possible.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following Resolution:
(#30266-100890) A RESOLUTION rejecting all bids for certain
interior renovations to the Roanoke Civic Center Auditorium.
(For full text of Resolution, see Resolution Book No. 52, page 113.)
617
ACTION:
ACTION:
Mr. White moved the adoption of Resolution No. 30266-100890. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, White, Fitzpatrick and Vice-Mayor
Musser ............ 4.
NAYS: None ....................
(Mayor Taylor and Council Members Bowers and Bowles were absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SPECIAL PERMITS-STREETS AND ALLEYS: Ordinance No. 30259 granting
a conditional permit to Joseph A. Parrish for an existing structure
encroaching over and into the right-of-way of Adams Street, N. W.,
located adjacent to 3804 Melrose Avenue, Official Tax No. 2762008, upon
certain terms and conditions, having previously been before the Council
for its first reading on Monday, October 1, 1990, read and adopted on
its first reading and laid over, was again before the body, Mr.
Fitzpatrick offering the following for its second reading and final
adoption:
(#30259-100890) AN ORDINANCE granting a conditional permit for an
existing structure encroaching over and into the right-of-way of Adams
Street, N. W., located adjacent to 3804 Melrose Avenue, N. W., Official
Tax No. 2762008, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 112.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30259-100890.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Harvey, White, Fitzpatrick and Vice-Mayor
Musser ............................................................... 4.
NAYS: None ....... O.
(Mayor Taylor and Council Members Bowers and Bowles were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE VICE-MAYOR AND MEMBERS OF
COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 9:40 p.m., the Vice-Mayor declared the meeting in recess.
At 10:00 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all Members of the Council in atten-
dance, with the exception of Mayor Taylor and Council Members Bowers
and Bowles.
618
ACTION:
COUNCIL: Mr. Harvey moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: I1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and 12) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES:
Musser-
Council Members Harvey, White, Fitzpatrick and Vice-Mayor
NAYS: None ......... -0.
(Mayor Taylor and Council Members Bowers and Bowles were absent.)
There being no further business, the Vice-Mayor declared the
meeting adjourned at 10:02 p.m.
APPROVED
ATTEST:
City Clerk
Vi ce-Mayor
619
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
October 15, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 15, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule l~fRe~ular
Meetings, of Section 2-15, Rules of Procedure, Code of the City_."Roanoke
(1979), as amended.
PRESENT: Council Members Howard E. Musser, William White, Sr.,
David A. Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., James G.
Harvey, II, and Mayor Noel C. Taylor ...................... 7.
ABSENT: None .......
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Diblin§, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Thomas M. Figart,
Associate Pastor, Household of Faith Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
ACTS OF ACKNOWLEOGEMENT-ANII,~LS: Mr. White offered the following
Resolution recognizing and commending the heroic actions of Ms.
Doris F. Thurman and Ms. Altha Dowe in connection with the mauling of
India Renee Hairston by a vicious dog on October 3, 1990:
(#30267-101590) A RESOLUTION recognizing and commending the
heroic actions of Ms. Doris F. Thurman and Ms. Altha Dowe in connection
with the mauling of India Renee Hairston by a vicious dog on October 3,
1990.
(For full text of Resolution, see Resolution Book No. 52, page 115.)
Mr. White moved the adoption of Resolution No. 30267-101590. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor. 7.
NAYS: None-. O.
On behalf of the Members of City Council, City officials and citi-
zens of the City of Roanoke, the Mayor presented Ms. Thurman and Ms.
Dowe with a framed copy of the abovedescribed Resolution No. 30267-
101590.
620'
PUBLIC HEARINGS:
ZONING: At the regular meeting of Council on Monday, October 8,
1990, Council having deferred action and continued a public hearing on
the request of the City Planning Commission to rezone 131 parcels of
land lying approximately south of 22nd Street, S. W., north of 26th
Street, approximately west of Rosalind Avenue, and east of Avenham
Avenue, S. W., from RM-1, Residential Multi-Family, Low Density
District, to RS-3, Residential Single Family District; to rezone nine
parcels of land lying on the east side of Rosalind Avenue, S. W., bet-
ween 24th Street and 23rd Street, from RM-2, Residential Multi-Family,
Medium Density District, to RS-3, Residential Single Family District;
and to rezone 22 parcels of land lying on the south side of Broadway
Avenue, S. W., between Longview Avenue and McClanahan Avenue, from
RM-2, Residential Multi-Family, Medium Density District, to RM-1,
Residential Multi-Family, Low Density District, the matter was again
before the body.
A report of the City Planning Commission advising that the pro-
posed rezoning consists of 162 parcels, for a combined area of approxi-
mately 33 acres, more or less; and the purpose of the rezoning is to
bring the zoning of the area into conformity with certain action stra-
tegies and community values and objectives as set forth in the South
Roanoke Neighborhood Plan, was before Council.
The Planning Commission recommended that Council approve the
following recommendations, advising that the proposed rezonings are in
conformance with the objectives and intent of the adopted South Roanoke
NeiQhborhood Plan and would help preserve the character-and environ-
mental quality of an existing single-family neighborhood.
rezoning of nine parcels of land lying on tire east
side of Rosalind Avenue, S. W., between 24th
Street, S. W., and 23rd Street, S. W., from RM-2,
Residential Multi-Family, Medium Density District,
to RS-3, Residential Single Family District.
rezoning of 16 parcels of land along Broadway
Avenue, S. W., more specifically set out as
Official Tax Nos. 1050701 through 1050707, inclu-
sive, and 1051101 through 1051109, inclusive, from
RM-2, Residential Multi-Family, Medium Density
District, to RM-1, Residential Multi-Family, Low
Density District.
deletion of two parcels of land from consideration,
designated as Official Tax Nos. 1052008
(southwestern corner of Wycliffe Avenue and 24th
Street) and 1052101 (southeastern corner of
Wycliffe Avenue and 24th Street).
62'l
,!
rezonin9 of 129 parcels of land lying approximately
south of 22nd Street and north of 26th Street, and
Avenham Avenue, S. W., deleting parcels described
as Official Tax Nos. 1052008 and 1052101 from
RM-1, Residential Multi-Family, Low Density
District, to RS-3, Residential Single Family
District.
(For full text, see report on file in the City Clerk's Office.)
Mr. John R. Marlles, Secretary, City Planning Commission, advised
that the two rezonings are an outgrowth of the City's neighborhood
planning process; that preparation of the neighborhood plans for each
of the City's 45 neighborhoods was a major recommendation of Roanoke
Vision, the City's Comprehensive Plan adopted by Council in 1986; an~
one ~-f the major objectives of the neighborhood planning program was
and still is to fine tune the City's existing zoning map which dates
back to 1966.
Mr. Marlles pointed out that in 1988, Council took a major step in
addressing the problem of the City's antiquated zoning plan when it
adopted a comprehensive amendment to the Zoning Ordinance; and as
stated in the South Roanoke Neighborhood Plan, the recommended rezo-
nih9s are based on the desire of neighborhood residents to pre-
serve and enhance the single-family character of the neighborhood and
to implement zoning which both reflects the existing use of the land
and the neighborhood planning process that was initiated in South
Roanoke in 1988.
Mr. Marlles explained that a neighborhood plan was developed at
a series of workshops which were held in the South Roanoke neigh-
borhoods; and an important part of the discussion which took place at
the workshops centered on the adequacy and availability of housing to
meet the needs of all of the residents in South Roanoke, including
owners and renters. He further explained that the percentage of rental
units in South Roanoke (48.2 per cent} is currently higher than the
City's average (38 per cent) and is, in fact, higher than that which
exists in over half of the City's neighborhoods.
Mr. Marlles commented that the first area recommended for rezonin9
consists of 22 parcels of land located on the south side of Broadway
Avenue, between Longview Avenue and McClanahan Avenue, S. W., advising
that the area is currently zoned RM-2 which permits apartments, with
existing land use in this area predominantly single-family hom~s; that
the South Roanoke Neighborhood Plan recommends that the area be rezoned
to RM'I which will permit the ~-onversion of existing single-family
structures to duplexes; that the City Planning Commission has agreed
with this recommendation, with the exception of those properties
located in the triangle formed by the intersection of Broadway Avenue,
Carolina Avenue and 22nd Street; and these properties were excluded by
the City Planning Commission because:
622
(1) all property owners were opposed to the
rezoning;
(2) the triangle is in a transitioaal area; and
(3)
higher density residential development on this
tract would not adversely impact the interior
of the neighborhood.
Mr. Marlles pointed out that contrary to the City Planning
Commission's recommendation, the neighborhood organization, Neighbors
in South Roanoke, supports the rezoning of the entire area south of
Broadway, including the triangle from EM-2 to RM-1.
With regard to the second area recommended for rezoning which
involves 131 parcels of land between 22nd Street and 26th Street, west
of Rosalind Avenue and east of Avenham Avenue, and nine parcels of land on
the east side Rosalind Avenue, Mr. Marlles advised that these areas are
currently zoned RM-1 and RM-2, respectively, and are being recommended
for rezoning to RS-3 which, if approved, will only permit single-family
development; that both of these areas were recommended for single-
family residential development in the South Roanoke Neighborhood Plan;
that the City Planning Commission agreed with this recommendation, with
the exception of the parcels owned by Mr. James M. Turner and Mr. John
C. Parrott located at the intersection of 24th Street and WyclifFe
Avenue; that Mr. Parrott's property was excluded by the City Planning
Commission because he made an appeal at the Commission's public hearing
that the proposed rezoning of his wife's property would create severe
economic and personal problems; and Mr. Turner's property was excluded
because it was the opinion of the City Planning Commission that just
excluding Mr. Parrott's property would constitute "spot zoning" which
is illegal in the Commonwealth of Virginia.
Mr. Marlles noted that an additional property owner, Ms. Sherrie
Boone, whose property is located at the intersection of Wycliffe Avenue
and 22nd Street (directly south of the triangle) has requested that her
property be excluded from the proposed rezoning; that Ms. Boone has
indicated that her property has been designated as a duplex and was
used as a duplex until 1986; and it is her intent to convert the struc-
ture back to a duplex in the future.
The City Attorney submitted a written report responding to
questions ratsed by Counctl Member Fitzpatrick pertaining to "spot
zoning", in which he was requested to render an official opinion as to
the definition of "spot zoning" and whether certain contemplated
actions would constitute illegal "spot zoning".
Mr. Dibling responded to the following four questions:
(1) What is the definition of illegal "spot
zoning"?
(2)
(3)
ANSWE_R:
An illegal "spot zoning" is an arbitrary and
capricious zoning done solely to serve the
private interests of one or two landowners
rather than to advance the welfare of the
entire City as a part of the overall Compre-
hensive Plan.
Will permitting the Boone parcel to remain
zoned RM-1 constitute illegal "spot zoning ·
ANSWER:
Will permitting the Parrott property to remain
zoned RM-1 constitute illegal "spot zoning"?
ANSWER:
Yes,
(4) Will permitting both the Parrott parcel and
the Turner parcel to remain Rbl-1 constitute
illegal "spot zoning"?
ANSWEB:
Yes.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance which does not
involve any spot zoning, the six parcels of land in the triangle are
not rezoned, the Parrott and Turner parcels are rezoned, and the Boone
parcel remains as it is currently zoned, be placed upon its first
reading:
(#30268) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (197g), as amended, and Sheet Nos. 105 and 106, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 52, page 126.)
Ms. Barbara Duerk, 2607 Rosalind Avenue, S. W., Chairperson,
Neighbors in South Roanoke, advised that the misconceived notion in the
minds of most citizens that South Roanoke has everything is not true,
therefore, the help of Council is needed to ensure that the neigh-
borhood is all that it can be. She called attention to a petition
which was submitted to Council on Monday, October 8, 1990, signed by 54
624
persons in support of the rezoning as it was originally presented by
the City Planning Commission. She stated that all citizens of South
Roanoke should be concerned about the desecration of the residential
integrity of their neighborhood, and referred to the South Roanoke
Neighborhood Plan, which was adopted in 1988 and quoted certain por-
tions of the document which was intended to guide the City's future
growth and development to the year 2005. She advised that in 1985,
Council approved a bond issue that was intended to support the
financing and remodeling of neighborhood schools which, in effect, said
that Council believes in the concept of neighborhood schools, and in
February 1990, Council approved the request for literary fund loan to
be used for the remodeling of Crystal Spring Elementary School. She
explained that Crystal Spring Elementary School has remained stable in
its enrollment number while other elementary schools have declining
enrollment. She pointed out that single-family housing is needed in
South Roanokeand existing homes should be preserved as single-family
structures, as opposed to conversion to duplex in order to encourage
home ownership for new families and to protect the existing single-
family character of the neighborhood. She explained that under RM-2
zoning, neighborhood homes could be destroyed without review process by
the neighborhood organization, however, under RM-1 zoning, the neigh-
borhood organization and residents of the area would have an oppor-
tunity to review proposed plans. She asked that Council take into
consideration the wishes of the majority of persons residing in the
South Roanoke neighborhood and not the wishes of just a few.
Mr. Roy C. Kinsey, 2975 Rosalind Avenue, S. W., appeared before
Council on behalf of all of the property owners in the triangle area,
and requested that the area retain its present zoning designation of
RM-2.
Mr. E. H. Cassell, 2413 Wycliffe Avenue, S. W., advised that he
was in favor of the exemption of the triangle area; however, he would
prefer that Mr. Parrott be required to go through the "spot zoning"
process.
Mr. Clayton L. Preas, 501 24th Street, S. W., referred to a peti-
tion which was filed with the City Clerk at the Monday, October 8,
1990 meeting of Council opposing the rezoning of property in the 2400
block of Wycliffe Avenue for multiple family dwellings. He stated that
there are two basic reasons for not wanting the two pieces of property
to be deleted from the rezoning (Turner and Parrott properties); viz:
the owners of one of the parcels of land did not request that their
property be deleted from the rezoning and they have signed the petition
requesting that both parcels be zoned residential single-family (Turner
parcel); and secondly, the overall makeup of the neighborhood is predo-
minately single-family residences. He requested that the two parcels
of land on the corner of 24th Street and Wycliffe Avenue (Turner parcel
and Parrott parcel) be rezoned along with the other parcels to residen-
tial single-family.
6?_5
I!
ACTION:
Ms. Jo Anne Hazlegrove, 2408 Wycliffe Avenue, S.W., requested
that Council give consideration to the original plan which was sub-
mitted that does not provide for any exemptions of property, including
the triangle. She advised that a great deal of time and effort went
into preparation of the rezoning plan; that traffic patterns, popula-
tion, density, and rental availability were all taken into con-
sideration as well as the desire of the vast majority of residents who
live and own property in the area. She pointed out that if Council
sees fit to approve the original plan for rezoning, those individuals
who requested an exemption have the right to request a zoning variance
at any time, advising that the original plan was the best for the total
community.
Ms. Sherrie Boone, 2202-04Wycliffe Avenue, S. W., expressed appre-
ciation to Council for any consideration which is given in order to
exclude her property from the rezoning.
There being no other persons who wished to be heard, Ordinance No.
30268 was adopted, on its first reading, by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor .... ·
NAYS: None ...................
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; and an additional person-
nel matter being the appointment of a specific public officer.
MINUTES: Minutes of the regular meetings of Council held on
Monday, June 4, 1990; Monday, June 11, 1990; Monday, June 18, 1990; and
Monday, June 25, 1990, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that the reading of the minutes be dispensed
with and that the minutes be approved as recorded. The motion was
seconded by Mr. White and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Harvey and
Mayor Taylor .......... 6.
NAYS: None ....................
(Council Member Fitzpatrick was out of the Council Chamber.)
626
ACTION:
ACTION:
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 {A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Harvey and
Mayor Taylor ........ 6.
NAYS: None .... O.
(Council Member Fitzpatrick was out of the Council Chamber.)
PLANNING: A communication from Mr. Michael M. Waldvogel tendering
his resignation as a member of the City Planning Commission, effective
immediately, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. White and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Harvey and
Mayor Taylor ......................................................... 6.
NAYS: None ............ O.
(Council Member Fitzpatrick was out of the Council Chamber.)
COUNCIL: An oral request of Vice-Mayor Howard E. Musser that
Council convene in Executive Session to discuss a personnel matter
being the appointment of a specific public officer, pursuant to Section
2.1-344 (A) (1), Code of Virginia (1950), as amended, was before the
body.
Mrs. Bowles moved that Council concur in the request of Vice-Mayor
Musser to convene in Executive Session to discuss a personnel matter
being the appointment of a specific public officer, pursuant to Section
2.1-344 (A) (1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. White and adopted by the following vote:
627
AYES: Council Members Musser, White, Bowers, Bowles, Harvey and
Mayor Tayl or ................ 6.
NAYS: None ........ O.
(Council Member Fitzpatrick was out of the Council Chamber.)
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
CITY CODE-ELECTIONS: A communication from Mr. Alton B. Prillaman,
Secretary, Roanoke City Electoral Board, recommending adoption of a
measure amending the City Code in order to reflect name changes of the
following City schools which are used as polling places on election
day, was before Council.
Old Name New Name
William Ruffner Jr. High
School
Woodrow Wilson Jr. High
School
Northwest Elementary School
William Ruffner Middle
School
Woodrow Wilson Middle
School
Roanoke Academ~ for
Mathematics and
Science
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#30269-101590) AN ORDINANCE to amend and reordain §§10-46,
Same - Voting place; 10-50, Same - Voting place; and 10-60, Same -
Voting place,CodeOf the City of Roanoke (1979), as amended,
vide for the current names of three voting places in the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 116.)
Mrs. Bowles moved the adoption of Ordinance No. 30269-101590. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Harvey and
Mayor Taylor--- ~.
NAYS: None .................
(Council Member Fitzpatrick was out of the Council Cham~er.)
628
ACTION:
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
FLOOD REDUCTION/CONTROL: The City Manager submitted a written
report advising that Federally subsidized flood insurance became
available to citizens of Roanoke in October 1978 after passage of the
City's Floodplain Ordinance; that lack of incentives has prevented
many localities from taking proactive flood mitigation measures against
flooding; and consequently, flood insurance policy holders in
progressive communities such as Roanoke subsidize flood policies in
other localities.
It was further advised that a community rating system was deve-
loped by the Federal Emergency Management Agency (FEMA) to measure a
municipality's commitment to reducing flood damage; that flood mitiga-
tion measures initiated by the City include the Williamson Road Storm
Drain Project, the Roanoke River Flood Reduction Project, Peters Creek
Flood Reduction Project, purchase of flood prone property, buy flood-
proof-resale program, etc; that a December 1990 application deadline
has been set by FEMA for initial applications for a community rating;
and by filing an application, a flood insurance policy holder in the
City of Roanoke will automatically receive a five per cent reduction in
premiums.
It was explained that a final community rating will be established
during 1991 for those communities that apply prior to December 1990;
that the final rating score will be between one and ten; that for each
number below ten, policy holders will receive a five per cent reduction
in premiums; and City staff plans to prepare an application for submit-
tal to FEMA during the month of October.
Mr. Herbert advised that the purpose of the report was to notify
Council of the program and intentions to submit an application; that a
flood hazard mitigation plan and a flood preparedness plan for Roanoke
needs to be developed by City staff prior to FEMA's evaluation in 1991;
and based on said plans, FEMA will measure the City's commitment to
various programs related to flood damage reduction.
The City Manager recommended that Council concur in the submittal
of the necessary application in order for the City of Roanoke to parti-
cipate in the Federal Emergency Management Agency's Community Rating
System.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation. The
motion was seconded by Mr. Harvey and unanimously adopted.
VIRGINIA TECH-HOTEL ROANOKE CONFERENCE CENTER: The City Manager
presented an oral briefing with regard to the Hotel Roanoke/Conference
Center project. He advised that in the spring of 1989, the Focus '89
Development Plan was approved by Council; and on October 16, 1990, at
629
1:00 p.m., there will be a pre-proposal conference on the last remain-
ing major leg of Focus '89, which is the development of the Hotel
Roanoke and the Virginia Tech/City of Roanoke Conference Center. He
indicated that more than a dozen developers have stated that they will
attend the pre-proposal conference in order to see the facility and
understand what City government and others are during in downtown
Roanoke. He stated that the Hotel Roanoke project is moving in a
timely way, but expressed concern that there may be certain misinfor-
mation circulating in the community, as well as across the Commonwealth
of Virginia. He pointed out that Virginia Tech has shown a great deal
of courage during these difficult times by stepping forward and
endeavoring to put together a project of this magnitude, and emphasized
that Virginia Tech will not shift funds or take projects away from the
College in either its education program or its ongoing real estate
program.
Mr. Herbert explained that the project is proceeding well and this
is not the time to shy away but a time to come forward and do whatever
is necessary for Virginia Tech and Hotel Roanoke, advising that if he
did not think the project was good for the entire Roanoke Valley com-
munity, he would not be so bold in his statements.
The Mayor advised that the downtown Roanoke area is moving
progressively forward and referred to a groundbreaking ceremony which
was held earlier in the day for the new Norfolk Southern office
building. He further advised that there is not a single objective in
the Roanoke Valley community that carries a greater historic signifi-
cance or is more important in the eyes of the citizens of the Roanoke
Valley or the visitors who come to Roanoke than the grand old Hotel
Roanoke. He pointed out that Norfolk Southern should be thanked today
for not only the facility they intend to erect in downtown, but for the
community interest they displayed more than one hundred years ago when
they erected the Hotel Roanoke which has come proudly across the years.
He added that today the City has the opportunity to rehabilitate the
Hotel and as an expression of the Council's and the Administration's
interest in the Hotel Roanoke, the City has taken a giant step forward
by agreeing with Virginia Tech to be co-developers of a conference
center which is a plus that will insure the ongoing success of the
Hotel Roanoke when it comes back as an active facility.
The Mayor submitted that it is a project that can be done, it must
be done, it will be done, and it would be the most tragic mistake ever
made in the history of the City of Roanoke to let the Hotel Roanoke
remain closed.
Mr. Bowers advised that he was concerned and confused about com-
ments made by the Governor in the newspaper last Friday, and it is
important to correct any misinformation that the Governor's staff may
have provided to him regarding the Hotel Roanoke project. He stated
that it was his understanding that City funds and Virginia Tech
Foundation Funds have been committed, but absolutely no State funds
have been committed thus far. He added that the Governor and the citi-
zens of the Roanoke Valley should be assured that the Hotel Roanoke
rehabilitation, the conference center and the trade center still repre-
sent the City's number one public works projects and economic develop-
ment efforts. He explained that the Director of Finance has estimated
630
that on the day the Hotel Roanoke closed its doors, the City of Roanoke
immediately lost $3!0,000.00 per year in local taxes which includes
real estate taxes, personal property taxes, business and occupational
license taxes, transit room taxes and the tax on food and alcoholic
beverages. Further, he stated that Mr. Schlanger has reported that
since the Hotel Roanoke closed, eight restaurants in the City Market
area have either closed or were sold, and six of the other viable
restaurants in the Market area have experienced an 8 to 44 per cent
decrease~ in sales. He added that the Director of Finance estimates
that with the construction of the conference center, the City will
generate $800,000.00 to $1.2 million in local revenue and the amount of
money that will be generated to the Commonwealth of Virginia through
the sales tax will be in the range of $1 to $2 million. Mr. Bowers
requested that the correct information be provided to the Governor and
to all citizens of the Roanoke Valley.
Mr. Harvey advised that it should be noted that the Hotel Roanoke
is important to not only the City of Roanoke, but to all of the citi-
zens of Southwest Virginia.
Mr. Fitzpatrick spoke in favor of the Mayor corresponding with the
Governor to explain what the Roanoke community has done in partnership
with Virginia Tech in order to further the Hotel Roanoke project so
that there will be no misunderstanding on the part of the Governor or
his staff as to how important the project is to Roanoke. Mr. Bowers
expanded on the suggestion to the effect that the City should compose a
portfolio of information on the project and ask the Mayor, the Vice-
Mayor and other Members of Council, as well as City staff, to meet per-
sonally with the Governor in the very near future to review details of
the project.
ITEMS RECOMMENDED FOR ACTION:
TAXICABS/FOR-HIRE VEHICLES: The City Manager submitted a written
report advising that current taxicab rates were approved by Council on
August 12, 1985, effective August 26, 1985, pursuant to Ordinance No.
27774; that a meeting was held between representatives of the cab com-
panies and the City Administration to review data concerning current
rates and cab company revenues and expenditures since the last rate
increase; and a rate increase is being requested by Yellow Cab Services
of Roanoke, Inc.
It was further advised that the Middle East situation was not
anticipated when the request was filed, and the resulting increase in
gasoline prices will make it more difficult to allow the Company's
drivers to earn a fair wage under the current approved rate structure;
that under the Company's current operating scheme, drivers collect
fares and then pay vehicle lease payments to the Company and operating
expenses from the total fares collected; that an average cab trip is
two miles in length, and the rate increase requested will increase the
cost from the current $3.60 to a new rate of $4.20, for an increase of
$.60 per trip, which equates to a 16.7 per cent increase; and the
Consumer Price Index has increased 20.7 per cent since August, 1985,
when the last taxicab rate increase took effect.
ACTION:
It was explained that increased expenses experienced by Yellow Cab
Services since the last rate increase have been primarily in the areas
of insurance, which has increased 60 per cent, with motor vehicle
repair costs increasing 100 per cent, and purchase of new taxicabs
increasing 30 per cent; that financial statements from Yellow Cab
Services indicate that a 16.7 per cent increase in revenue is
necessary; that the Company experienced a $73,187.00 loss in the fiscal
year ended December 31, 1989, with the first six months showing a
$42,177.00 loss; and increased taxicab rates will allow Yellow Cab
Services to attract and retain competent responsible drivers due to a
higher earning potential, while allowing the Company to generate
increased revenues from vehicle leasing fees that are charged to dri-
verso
The City Manager recon~ended that Council approve the rate
increase as requested.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#30270-101590) AN ORDINANCE amending and reordaining subsection
(g) of §34-130, Rate schedule, of the Code of the City of Roanoke
(1979), as amended; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 116.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30270-101590.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor-- .7.
NAYS: None .....
BUDGET-ANIMALS: The City Manager submitted a written report
advising that the first written agreement between the City of Roanoke
and the Roanoke Valley Society for the Prevention of Cruelty to Animals
(S.P.C.A.) relating to the operation of an animal shelter by the
Society and the boarding, collecting of fees and disposition of animals
impounded by the City was entered into on May 25, 1979; that the agree-
ment was amended, pursuant to Ordinance No. 25612 adopted on June 12,
1981, and Ordinance No. 27968 adopted on January 20, 1986; and the 1986
agreement adjusted the monthly fee to the present rate of $3,400.00.
It was further advised that the S.P.C.A. requests consideration
for an increase in monthly fees from $3,400.00 per month to $4,080.00
per month, effective September 1, 1990, which represents a 20 per cent
increase or five per cent per year since the 1986 amendment agreement
which reflects the Society's increased operating costs; that the City's
632
ACTION:
percentage of shelter usage is calculated at approximately 45 per cent
of the total available space at the facility; and the law requires the
City to retain custody of impounded animals for a minimum of five days
if the animal is not released to its owner, and thereafter, the animal
may be transferred to the custody of the S.P.C.A. for disposition.
It was explained that 80 per cent of impounded animals are held by
the City for a full five days; that 20 per cent are released to owners
after an average of a three day impoundment; that fees paid to the
S.P.C.A. by the City during fiscal year 1989-90 were $40,916.00, which
represents the contract costs plus distemper shots for those animals
not euthanized; and the S.P.C.A. is the only organization and facility
practically available to provide these services.
The City Manager recommended that Council approve a contractual
agreement authorizing an increase in the monthly fees paid by the City
from $3,400.00 to $4,080.00, in order to assume a more equitable share
of actual costs for services rendered by the S.P.C.A. to the City; and
appropriate $6,800.00 to Animal Control, Account No. A013-5302-0010,
from the General Fund Contingency Reserve, Account No. 001-002-9410-
2199, to provide for an increase of $680.00 per month, effective
September 1, 1990.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#30271-101590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 117.)
Mr. Harvey moved the adoption of Ordinance No. 30271-101590. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ........ .7.
NAYS: None ..........
Mr. Harvey offered the following Resolution:
(#30272-101590) A RESOLUTION authorizing the City Manager to
enter into a contract with the Roanoke Valley Society for the
Prevention of Cruelty to Animals providing for the Society's operation
and maintenance of an impoundment facility for animals delivered to the
facility by the City Animal Control Officers and providing further for
proper care and disposition of such animals by the Society.
(For full text of Resolution, see Resolution Book No. 52, page 118.)
!
633;
ACTION:
ACTION:
Mr. Harvey moved the adoption of Resolution No. 30272-101590, The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ................. 7.
NAYS: None---
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that the Luck Avenue storm drain is a project
included in the approved 1990 Bond Referendum; that the Franklin Road
widening project requires enlarging the storm drain system downstream
of the project; that the by-pass system will help alleviate flooding in
downtown; and engineering design services for the storm drain and
related utilities are necessary.
It was further advised that Engineering Services Qualification
Proposals for the project were publicly advertised on May 27, 1990, and
six proposals were received on June 22, 1990; that selection of the
firm for consideration was based on certain criteria; that interviews
were held with all six firms submitting proposals; that negotiations
were conducted with Lumsden Associates, P. C., for project require-
ments; that consultant fees are somewhat higher than normal due to
extensive surveying for underground utilities required for the routing
of the project; and the scope of work to be performed includes prelimi-
nary engineering, utility location both vertical and horizontal, storm
drain design including utility adjustment, topographic surveys, and
plats.
The City Manager recommended that Council award an engineering
services contract to Lumsden Associates, P. C., subject to approval by
the City Attorney, in an amount not to exceed $147,990.00; and transfer
funds for the contract to an account to be established by the Director
of Finance, in the amount of $147,990.00, from Public Improvement
Bonds - 1990, Account No. 008-052-9700-9176.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30273-101590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 118.)
Mrs. Bowles moved the adoption of Ordinance No. 30273-101590. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ..... 7.
NAYS: None ..... O.
ACTION:
Mr. Fitzpatrick offered the following Resolution:
(#30274-101590) A RESOLUTION authorizing the execution of a
contract witl~ Lumsden Associates, P. C. to provide certain engineering
services, specifically the design, plans, specifications, related
construction documents, and observation of construction work, for
various storm drain improvements referred to as the Luck Avenue By-Pass
Storm Drain Project.
(For full text of Resolution, see Resolution Book No. 52, page 119.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30274-101590.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor--- ----7.
NAYS: None .......... -0.
CITY CODE-REFUSE COLLECTION-HEALTH DEPARTMENT: The City Manager
submitted as written report advising that the City's noxious weed
Ordinance provides for control over the growth of vegetation and accu-
mulation of trash to promote a positive image for the City of Roanoke
and to protect public health and safety; that the Parks, Recreation and
Grounds Maintenance Department is responsible for administration of the
City's weed control program, including enforcement of the weed ordi-
nance; that approximately 1100 valid weed complaints are received
annually between May 1 and October 1; that owners are requested to
correct the condition, and approximately 10 - 15 per cent fail to do
so; that City forces then mow/clean said lots, and the property owner
is assessed for the service; and of those assessed in fiscal year 1989,
only 30 per cent paid the assessment, and liens were placed against the
other 70 per cent.
It was further advised that modifications are needed in the weed
ordinance to clarify regulations and to improve efficiency of enforce-
ment efforts, which are summarized as follows:
"Definition of "parcel" has been modified to update
terminology regarding excluded agricul rural ly zoned
property from "AG Agricultural District" to "RA
Residential Agricul rural Di strict."
Definition of "weed or weeds" has been clarified
and made more specific through expressing height
limitations in inches rather than in metric
measurements, and by listing examples of a variety
of weeds, often claimed NOT to be weeds by property
owners, and therefore not subject to the weed ordi-
nance.
635
Year round enforcement of the weed ordinance is
proposed. Despite the existence of year round
violations, it is presently possible to enforce
compliance only for complaints received between
May I and October 30. This is presently possible
to enforce compliance only for complaints received
between May I and October 30. This is confusing to
residents and difficult to administer.
Clarification of Section 33-20, Notification of
removal of weeds; preabatement hearin~ is proposed.
This will serve to more adequately meet the due
process requirement for proper notice.
In Section 33-22, Accountin9 for abatement costs,
Service charge of 30 per cent of the abatement cost
is proposed to be replaced with an administrative
fee of $50.00 to more accurately reflect actual
administrative costs of processing each complaint.
(Such costs are essentially the same for each
complaint, regardless of the scope of the abatement
work.) No change in the method of calculating the
abatement cost is proposed.
Sections 33-23 and 33-24 of the original ordinance
is proposed to be combined into one section, 33-23,
Notice to owner of .hearin9 .on abatement costs;
ost-abatement hearin9. In addition, the purpose
or post-abatement hearing is clearly stated. This
will more adequately meet the due process of proper
notice and clarify scope of what issues can be
addressed during the post-abatement hearing.
The City Manager recommended that Council adopt certain proposed
amendments to the noxious weed ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#30275-101590) AN ORDINANCE amending and reordaining §33-17,
Definitions; §33-18, Weeds and trash declared a public nuisance;
§33-19, Duty of owner of land to cut noxious weeds; §33-20, Notice of
removal of weeds; preabatement hearing; §33-21, Abatement of public
nuisance; §33-22, Accountin~ for abatement costs; and §33-23, Notice to
owner of hearin~ on ab~ement on abatement costs; and repealing §33-24,
Post-abatementof hearin~ on abatement'costs; of Chapter 33, Vegetation-
and Trash, Code of the City of Roanoke (1979), as amended, to provide
for the control of the growth of weeds and accumulation of trash and
effectuate acceptable provisions for compliance and enforcement of the
abatement of public nuisances; and providing for an emergency and an
effective date.
(For full text of Ordinance, see Ordinance Book No. 52, page 119.)
656
ACTION:
blr. Musser moved the adoption of Ordinance No. 30275-101590. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor .......... 7.
NAYS: None ........
DOGS/COMPLAINTS-ANIMALS-LEGISLATION: The City Manager submitted a
written report advising that the City's vicious dog ordinance was
passed by Council prior to 1956, and was not intended to regulate the
more-aggressive breeds of dogs that are presently owned by City resi-
dents; that currently, the City's Animal Control officers enforce
Sections 6-22 6-68, of the City Code, which pertains primarily to
dogs; that the current "vicious dog" law is addressed under Section
6-27, and there is no state statute that addresses "vicious dogs" per
se, and there is no specific state statute that addresses a dog attack
upon a human being; that the language of the present City Code section
does not define the term "vicious", which reads, in part, "...dog which
is known to be vicious or which has evidenced a disposition to attack
human beings."; and the present ordinance limits the City's ability to
deal with potentially dangerous dogs for the following reasons:
More than one incident is often necessary before a
dog will be considered "vicious."
The range of penalties is limited. The penalty is
a fine of up to $250.00, but a Judge must decide
whether to have the dog euthanized or returned to
the owner (these are the only options).
There are no conditions placed upon the owner for
the keeping of vicious or potentially vicious dogs
in the City to protect the public.
It was further advised that enforcement efforts are hampered
inasmuch as the present ordinance allows the dog at least "one bite"
and does not impose conditions upon the keeping of the dogs; that bet-
ween August, 1989, and September, 1990, Animal Control Officers
investigated ten "vicious dog" incidents, and charges for vicious dog
were placed in nine of the ten cases against the owner which involved
agressive behavior on the part of the dog and involved bites in nine of
the ten cases; that Section 6-27 of the City Code grants authority for
the dogs to be humanely destroyed; and in such cited cases, four dogs
were destroyed and two were ordered removed from the City by the Judge
hearing the cases.
It was explained that in most vicious dog cases, the dogs are not
destroyed by order of the court and are taken under advisement for six
months; that in view of present ordinance limitations, the lack of
designating owner responsibilities as to vicious or potentially vicious
dogs and the questionable authority of the City to adopt a strong
vicious dog ordinance, the Comnmnwealth is urged to enact specific sta-
637
,!
,!
tutes pertaining to dangerous dogs; and increased public attention and
awareness to the issue of vicious dogs brought about by recent media
coverage of dog attacks behooves the Commonwealth to move in the direc-
tion of stronger and more stringent dog laws.
(For full text, see report on file in the City Clerk's Office.)
The City Attorney submitted a written report advising that Council
previously adopted an ordinance strictly prohibiting the keeping of any
vicious dog or any dog which has "evidenced a disposition to attack
humail beings" within the City; that violation of said section is
punishable by a fine of $250.00, and, upon the conviction of any owner
for violation of. the section, the court may order the humane destruc-
tion of the animal; that although §6-27 is easily enforceable after a
dog has evidenced its viciousness by an unprovoked attack on a human
being, the enforcement of this section is complicated when the issue is
whether a dog "has evidenced a disposition to attack human beings:
i.e. whether the dog is potentially vicious; and in an effort to devise
an enforceable regulatory scheme, the dog control ordinances adopted by
local governments have been reviewed.
It was further advised that the better ordinances define "vicious"
dogs and "dangerous" dogs and treat the two categories differently;
that typically, the "vicious" dog is defined as one which has pre-
viously made an unprovoked attack upon a human being which has resulted
in serious injury; that most ordinances provide that a "vicious dog"
shall be humanely destroyed or, alternatively, that it shall not be
kept within the boundaries of the adopting jurisdiction; that a
"dangerous" dog is one that is potentially vicious, and a dog is
generally classified as "dangerous" after it has engaged in certain
antisocial conduct short of inflicting serious injury on a human being;
and once a dog is classified as "dangerous", it may be kept in the
jurisdiction only upon certain conditions, which ordinarily include
requirement of a secure enclosure, posting of signs to warn the public,
permanent identification of the dog, muzzling of the dog when it is off
the owner's premises and special insurance or bond coverage to protect
the public.
The City Attorney recommended that Council adopt a measure urging
the 1991 Session of the General Assembly to adopt emergency legislation
requiring the humane destruction of "vicious" dogs and imposing strict
conditions, such as those enumerated above, with respect to the keeping
of "dangerous" dogs.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#20276-101590) A RESOLUTION urging the 1991 Session of the
General Assembly to adopt emergency legislation regulating "vicious"
and "dangerous" dogs.
(For full text of Resolution, see Resolution Book No. 52, page 122.)
658
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No. 30276-101590.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ........ 7.
NAYS: None ......... O.
Mr. Harvey advised that he concurred in the resolution, however,
he did not see a specific request of the City to levy higher penalties
than those which are currently imposed. He added that if the ordinance
is to be made stronger, a fine of $500.00 or more is needed.
The City Attorney questioned whether or not local governments have
authority to deal with the issue of dangerous dogs under the Dillon
Rule. He stated that the General Assembly has been studying the issue
of vicious dogs since the 1990 Session and it was his understanding
that a report will go to the Governor and the General Assembly on
December 1, 1990, which may be addressed at the 1991 Session. Ne
further explained that the heaviest penalty the City can levy is
$1,000.00 or 12 months in jail, however, the General Assembly has the
full range of penalties at its disposal.
DIRECTOR OF FINANCE:
BUDGET-BUSES-HOUSING: The Director of Finance submitted a written
report advising that by agreement with the City of Roanoke, the Roanoke
Redevelopment and Housing Authority administers a large segment of the
City's Community Development Block Grant Program; that the Housing
Authority receives program income during the course of its administra-
tion of various projects by renting properties, by receiving rehabili-
tation loan repayments from project area residents, and by receiving
repayments of loan loss reserve funds as housing loans are repaid; that
the Housing Authority is required to transfer said program income to
the City of Roanoke; and the City of Roanoke is required to use the
income for a community development activity.
It was further advised that the Housing Authority has made payment
to the City, in the amount of $35,251.00 through June 30, 1990; that
the Greater Roanoke Transit Company manages the daily operation of the
Williamson Road Parking Garage; that a portion of the annual net income
of the Williamson Road Parking Garage is considered program income as a
result of UDAG funding provided to construct the garage; that the
Transit Company transfers said funds to the City, and the City is
required by grant agreement to use said funds for housing rehabilita-
tion; and the amount of program income for the year ended June 30,
1990, is $5,744.00.
Mr. Schlanger explained that the City has received the following
miscellaneous program income:
639
$2,876.00 in CDBG loan repayments from the North-
west Neighborhood Environmental Organization INNEO)
in excess of amounts previously appropriated.
$563.00 in CDBG loan repayments from Chemical and
Paper Services in excess of amounts previously
appropriated.
$12,750.00 representing interest earned on the CDBG
float to Fralin and Waldron for the Market Build-
ing. This amount is in excess of the amounts pre-
viously appropriated.
$200.00 in loan repayments received by the City
under the Home Purchase Assistance Program.
The Director of Finance recommended that Council appropriate a
total of $57,384.00 in program income received from the Housing
Authority and other sources, as follows:
$35,251.00 to Account No. 035-089-8940-5183,
Unprogrammed CDBG - Parking Lot Income. This
amount will be available for future appropriation
transfers for a community development purpose.
$3,439.00 to Account No. 035-088-8840-5186,
Unprogrammed CDBG - Other Loan Repayments. This
amount will be available for future appropriation
transfers for a community development purpose.
$12,750.00 to Account No. 035-089-8940-5188,
Unprogran~ned CDBG - Interest on Float Loan. This
amount will be available for further appropriation
transfer for a community development purpose.
$200.00 to Account No. 035-089-8940-5192,
Unprogrammed CDBG - Home Purchase Assistance
Program loan repayments. This amount will be
available for a further appropriation transfer for
a community development purpose.
$5,744.00 to Account No. 035-090-9040-5182,
Unprogrammed CDBG - Williamson Road Garage. This
amount will be available for future appropriation
transfers for housing rehabilitation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
640
ACTION:
ACTION:
(#30277-101590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 123.)
Mr. Musser moved the adoption of Ordinance No. 30277-101590. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ........ --7.
NAYS: None-- O.
CITY ATTORNEY:
LEGISLATION-CITY CHARTER: The City Attorney submitted a written
report transmitting the City's proposed Legislative Program for the
1991 Session of the General Assembly, advising that the Program inclu-
des many excellent suggestions from Members of Council and the City
Manager and his staff, which are in draft form and may be amended,
deleted and/or added to by Council.
The City Attorney further advised that after Council has had a
full opportunity for review of the document, it is hoped that the
Legislative Program can be adopted as soon as possible so that
Council's annual meeting with the City's representatives to the General
Assembly can be scheduled at an early date.
It was explained that the Legislative Program includes two propo-
sals relating to the Hotel Roanoke Conference Center; two proposed
amendments which are intended to protect the City's historic and unique
neighborhoods; and certain City Charter amendments which may be
requested of the General Assembly only after a public hearing has been
advertised ten days in advance.
The City Attorney requested that Council authorize advertisement
of a public hearing with regard to City Charter amendments to be held
on Monday, November 12, 1990, at 7:30 p.m,, or as soon thereafter as
the matter may be heard.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the 1991 Legislative Program be referred to
the Legislative Committee which will De appointed by the Mayor at a
later date; and that Council authorize a public hearing to be held
regarding proposed City Charter amendments on Monday, November 12,
1990, at 7:30 p.m., or as soon thereafter as the matter may be heard.
The motion was seconded by Mr. Fitzpatrick and unanimously adopted.
REPORTS OF COMMITTEES:
ACTION:
BUDGET-CIVIC CENTER: Council Member William White, Sr., Chairman
of a committee appointed by the Mayor to tabulate bids received for
repair of structural fire damage and replacement of electrical wire and
conduit at the Roanoke Civic Center Auditorium, presented a written
report on behalf of the committee recommending that Council authorize
the following actions:
The City Manager be authorizd to enter into a
contractual agreement, subject to approval by the
City Attorney, with Construction Services of
Roanoke, Inc., in the combined amount of $92,850.00
for Phase I and Phase II, and 80 consecutive calen-
dar days.
Appropriate $82,600.00 from estimated insurance
proceeds to an account to be established by the
Director of Finance and establish a receivable
account of the same amount for the reimbursement
due from the City's insurance company for Phase I
portion of the contract. Any additional work
required for the fire damage repair will be
approved by the Administration and the exact amount
of the change filed with the City's insurance
carrier for reimbursement.
Appropriate the sum of $21,250.00 from the Civic
Center Retained Earnings for Phase II of the pro-
ject to Account No. 005-050-8630-9003. The conduit
was improperly removed and the City has notified
the contractor and the consultant for this project
of their responsibility for this cost. Establish
an accounts receivable from the responsible
contractor of the same amount pending settlement of
claim.
Reject all other bids received.
The City Manager submitted a written report concurring in the
recommendations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30278-101590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Civic Center Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page
Mr. White moved the adoption of Ordinance No. 30278-101590. The
motion was seconded by Mr. Harvey and adopted by the following vote:
642
ACTION:
ACTION:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor .................. 7.
NAYS: None O.
Mr. White offered the following emergency Ordinance:
(#30279-101590) AN ORDINANCE accepting the bid of Construction
Services of Roanoke, Incorporated, for repair of structural fire damage
and conduit replacement at the Roanoke Civic Center Auditorium, upon
certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 125.)
Mr. White moved the adoption of Ordinance No. 30279-101590. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ................... 7.
NAYS: None ..................................................... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 30264-101590 rezoning a tract of land loca-
ted at 5105 Williamson Road, N. W., identified as Official Tax No.
2190616 and portions of Official Tax Nos. 2190602 and 2190603, from
RS-3, Residential Single Family District, to C-2, General Commercial
District, subject to certain conditions proffered by the petitioner,
having previously been before the Council for its first reading on
Monday, October 8, 1990, read and adopted on its first reading and laid
over, was again before the body, Mr. Bowers offering the following for
its second reading and final adoption:
(#30264-101590) AN ORDINANCE to amend §36.1-3, Code of the City
of Roanoke (1979), as amended, and Sheet No. 219, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 52, page 113.)
Mr. Bowers moved the adoption of Ordinance No. 30264-101590. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ............. 7.
NAYS: None .............. O.
ACTION:
ACTION:
ZONING: Ordinance No. 30265-101590 rezoning a tract of land
located on the east side of Mecca Street, N. E., south of Orange Avenue
(U.S. 460), identified as Official Tax Nos. 7080101 and 7090401, from
RS-3, Residential Single-Family District, to LM, Light Manufacturing
District, having previously been before the Council for its first
reading on Monday, October 8, 1990, read and adopted on its first
reading and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final adoption:
(#30265-101590) AN ORDINANCE to amend §36.1-3, Code of the City
of Roanoke (1979), as amended, and Sheet Nos. 708 and 709, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the
City, subject to certain conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 52, page 114.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30265-101590.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ........................... 7.
NAYS: None ...... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:55 p.m., the Mayor declared the meeting in recess.
At 4:40 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Musser moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: {1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Harvey and
Mayor Taylor .............. 6.
NAYS: None ...... O.
(Council Member Fitzpatrick was out of the Council Chamber.)
644
ARCHITECTURAL REVIEW BOARD: The Mayor advised that the four year
term of Mr. Richard L. Meagher as a member of the Architectural Review
Board expired on October 1, 1990, and called for nominations to fill
the vacancy.
Mrs. Bowles placed in nomination the name of Mr. Richard L.
Mea§her.
There being no further nominations, Mr. Meagher was reelected as a
member of the Architectural Review Board for a term ending October 1,
1994, by the following vote:
ACTION: FOR MR. MEAGHER: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick, Harvey and Mayor Taylor ........... 7.
There bein§ no further business, the Mayor declared the meeting
adjourned at 4:45 p.m.
ATTEST:
City Clerk
APPROVED
645
REGULAR WEEKLY SESSION ROANOKE CITY COUHCIL
October 22, 1990
2:00 p.m.
m
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 22, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'11979), as amended.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
James G. Harvey, II, Howard E. Musser and Mayor Noel C. Taylor ............... 5.
ABSENT:
White, Sr.
Council Members Beverly T. Fitzpatrick, Jr., and William
2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Joel M. Schlanger, Director of Finance' and Mary F
Parker, City Clerk. ' '
The meeting was opened with a prayer by The Reverend Art M. Hearne
Associate Pastor, Lakeside Baptist Church. '
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
COMMONWEALTH OF VIRGINIA BUILDING: Pursuant to notice of adver-
tisement for bids for painting the ground and first floors of the
Commonwealth Building, 210 West Church Avenue, said bids to be received
by the City Clerk until 1:30 p.m., on Monday, October 22, 1990, and to
be held, opened and read before the Council at 2:00 p.m., on that date,
or as soon thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER
Williams Painting & Remodeling, Inc.
Varney Electric Company, Inc.
Breakell, Inc.
BASE BID TOTAL
$26,800.00
28,800.00
36,900.00
646
ACTION:
ACTION:
ACTION:
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and adopted.
The Mayor appointed William White, Sr., Chairman, William F. Clark
and Kit B. Kiser as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately.
GRANTS: A report of the City Manager advising that the City of
Roanoke received its annual entitlement from the U. S. Department of
Housing and Urban Development (HUD), in the amount of $1,563,000.00, in
Community Development Block Grant (CDBG) funds; that Council approved
the CDBG fiscal year 1990-91 budget and Statement of Objectives on
May 14, 1990, pursuant to Resolution No. 30041-51490; and the Roanoke
Redevelopment and Housing Authority (RRHA) sold downtown property to
the Norfolk Southern Corporation on October 4, 1990, for $1,375,000.00
which created program income to the CDBG grant, was before Council.
It was further advised that the Housing Authority proposes to use
proceeds from the sale of the land, along with other land sale pro-
ceeds, to construct a parking garage next to Fire Station No. 1 on
Church Avenue, S. E.; that citizen participation requirements call for
an evening public hearing by Council to amend the CDBG program and
budget, and to add the Church Avenue Garage project; and presentation
of the amended fiscal year 1990-91CDBG program and budget will be pro-
posed to Council on Monday, November 12, 1990.
The City Manager recommended that Council schedule a public
hearing for Monday, November 12, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, to consider an amendment to the
1990-91 Community Development Block Grant Program.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation of the
City Manager that a public hearing be held on Monday, November 12,
1990, at 7:30 p.m., or as soon thereafter as the matter may be heard.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Harvey and Mayor Taylor--5.
NAYS: None ................
(Council Members Fitzpatrick and White were absent.)
647
ACTION:
HOUSING: A report of qualification of Mr. Jack Loeb as a Commis-
sioner of the City of Roanoke Redevelopment and Housing Authority Board
of Commissioners, for a term ending August 31, 1994, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Harvey and Mayor Taylor--5.
NAYS: None ........................................ O.
(Council Members Fitzpatrick and White were absent.)
m
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLA)NTS: Ms. Frances Brooke, 906 Dale Avenue, S. E., appeared
before Council and advised that when she requested to be placed on the
City Council agenda, she thought she had the concurrence of her neigh-
borhood association, the Southeast Action Forum, however, she was later
informed that she was in error; therefore, she stated that she was
appearing before Council in her capacity as a citizen of southeast
Roanoke.
Ms. Brooke called attention to problems with regard to absentee
homeowners, damage to her home and automobile by tenants who live in
close proximity, rats digging under the foundation of her house causing
considerable damage, and abandoned cars.
Mr. Harvey moved that the matter be referred to the Office of
Citizen's Request for Service, through the City Manager, to address the
concerns raised by Ms. Brooke. The motion was seconded by Mr. Musser
and adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FLOOD REDUCTION/CONTROL-CONSULTANTS REPORTS: The City
Manager submitted a written report advising that flooding along Peters
Creek in northwest Roanoke City has been a community issue of concern
for a number of years; that businesses and homes have been subject to
periodic flooding resulting in damage to real and personal property;
that a feasibility study was conducted by the Corps of Engineers along
648
Peters Creek in 1971 when most of the watershed was located in Roanoke
County; and following the 1976 annexation, the Corps discontinued the
study for lack of a local sponsor, and in November, 1985, the City of
Roanoke became the local sponsor and the Corps completed its study in
February 1988.
It was further advised that notification of an insufficient bene-
fit-to-cost ratio by the Corps of Engineers on all Peters Creek alter-
natives was received in February 1989; that additionally, the Federal
Government notified the City that it had no further role concerning
Peters Creek; that the Corps of Engineers, under Federal regulations,
is not allowed to consider common flood control elements such as flood-
proofing of individual structures and detention facilities for less
than the probable maximum flood, nor do they consider the overall con-
dition of bridges for replacement, therefore, an informal study of
Peters Creek was commenced by City staff in March 1989, and it was
determined that a number of small channel improvement projects, deten-
tion facilities, floodproofing and bridge improvements proved to be
feasible.
It was explained that Peer Review was requested by Council and the
City Manager to assist City staff in identification of appropriate
flood reduction alternatives for Peters Creek; that Peer Review was
completed in January 1990, the results of which confirmed the feasibi-
lity of all options and generated an estimated project cost in the
amount of $4,000,000.00; and a source of funding for the project has
been identified in general obligation bonds per the bond referendum
adopted on May 1, 1990, in the amount of $4,000,000.00, with additional
funding to be provided by portions of the April 1989 Bond Referendum
for the Roanoke River Flood Reduction Project IBUY-FLOODPROOF-RESALE).
It was further explained that a request for proposals for con-
sulting services was advertised on May 6, 1990, and three proposals
were received on May 25, 1990; that interviews were conducted on.
June 19, 1990; that Mattern & Craig, P. C., was determined to be the
most qualified firm based on established evaluation criteria; that ori-
ginal negotiations with Mattern & Craig, P. C., resulted in a proposed
fee in the amount of $641,000.00 for consultant services; that further
negotiations for a phased approach to the project resulted in a total
of five phases, with a fee in the amount of $150,000.00 for Phase lA
and a schedule of 120 days from the date of notice to proceed; that an
estimate for the a proposed total fee is in the amount of $479,000.00, with
with a contingency of $60,800.00; and the scope of work to be performed for
the entire project will include the following:
1. channel widening design at two locations,
2. detention basin design at three locations,
individual home floodproofing indentification
and design (up to 80 homes),
649
4. bridge/culvert replacement design at four
locations,
5. clearing and snagging areas defined,
sewer line relocation and replacement design
(approximately 2000 L.F.),
7. surveying as related to items i - 6,
8. mapping as related to items 2 and 4 only, and
9. easement plats to be provided to the City.
The City Manager advised that the scope of work to be performed in
Phase 1A-Preliminary includes necessary surveys and field investiga-
tions for computer modeling of bridges/culverts, for determining pre-
vious flood elevations, for design purposes, mapping, easements,
right-of-way and property plats, and obtain cross-section data
necessary for detention basin design at three locations, with addi-
tional phases to include the following:
Phase IB-Preliminary Engineering with a schedule of
120 days from the notice to proceed,
Phase IIA-Design with a schedule of 90 days from
the notice to proceed,
Phase liB-Design with a schedule of 90 days from
the notice to proceed, and
Phase III-Construction with a schedule based on
scope of work pending design.
It was further advised that a project contingency, in the amount
of $60,800.00, will be created to cover Mattern & Craig's portion of
construction management and one half of the budget for individual home
floodproofing design; that the number of homes which require
floodproofing will be determined by preliminary studies; that contract
time will be increased due to the uncertainty of whether or not the
work will be continuous; that the original maximum fee was based on a
total project cost; and a phased approach necssitates a renegotiation
of each phase.
The City Manager recommended that he be authorized to execute a
professional services contract in a form approved by the City Attorney,
with Mattern and Craig, P. C., at a cost not to exceed $150,000.00; and
650
ACTION:
ACTION:
that Council appropriate $150,000.00 from anticipated proceeds of the
$15.25 million General Obligation Bond Issue and authorize the Director
of Finance to establish a new account to be entitled, Peters Creek
Flood Reduction - Professional Consultant Services.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30280-102290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 127.)
Mrs. Bowles moved the adoption of Ordinance No. 30280-102290. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Harvey and Mayor Taylor--5.
NAYS: None-- O.
(Council Members Fitzpatrick and White were absent.)
Mrs. Bowles offered the following Resolution:
(#30281-102290) A RESOLUTION authorizing the execution of a
contract with Mattern & Craig, P. C., to provide certain engineering
services, specifically engineering services in connection with the
Peters Creek Flood Reduction Project.
(For full text of Resolution, see Resolution Book No. 52, page 128.)
Mrs. Bowles moved the adoption of Resolution No. 30281-102290.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Harvey and Mayor Taylor--5.
NAYS: None ...........
(Council Members Fitzpatrick and White were absent.)
BUDGET-DRUGS-GRANTS-COMMONWEALTH'S ATTORNEY: The City Manager
submitted a written report concurring in a report of the Commonwealth's
Attorney with regard to acceptance of a Multi-Jurisdictional Drug
Prosecution Grant.
The Commonwealth's Attorney submitted a written report advising
that Federal funding was made available to the State of Virginia to be
used for the development of several multi-jurisdictional special drug
prosecutors statewide; that the positions were developed to coordinate
prosecutorial efforts among independent jurisdictions, to reduce frac-
tional and duplicate prosecutions, to enhance the recovery of criminal
_!
ACTION:
assets, to utilize federal, state and local resources to assure maximum
prosecutorial effectiveness and to provide specialized prosecutorial
resources to the regional drug enforcement effort; and, in addition,
the position is intended to incorporate, if feasible, the establishment
of a Multi-Jurisdictional Grand Jury.
It was further advised that the Commonwealth's Attorneys of Craig
County, Franklin County, Roanoke County, and the Cities of Roanoke and
Salem applied to the Commonwealth's Attorneys' Services and Training
Council, which is the State agency responsible for the administration
of the grant money, to fund a Multi-Jurisdictional Special Drug
Prosecutor on October 9, 1987; that Council accepted the Multi-Juris-
dictional Special Drug Prosecutor Grant in April, 1988, and a full-time
Special Drug Prosecu-tor was hired in July, 1988; and on May 14, 1990,
the Commonwealth's Attorneys' Services and Training Council notified
the Commonwealth's Attorneys that the region's grant application was
renewed, in the amount of $47,073.16, for the period of January 1,
1990, through June 30, 1990; and on July 2, 1990, notification was
given that the region's grant application was renewed, in the amount of
$88,313.73, for the period of July 1, 1990, through June 30, 1991.
The Commonwealth's Attorney recommended that Council authorize the
City Manager to execute all appropriate documents for State Grants No.
89-A7204 and No. 90-A7206AD; and appropriate $47,073.16 and $88,313.73
for the Multi-Jurisdictional Special Drug Prosecutor to accounts to be
established by the Director of Finance in the Grant Fund.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
1#30282-102290) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
1For full text of Ordinance, see Ordinance Book No. 52, page 128.)
Mr. Musser moved the adoption of Ordinance No. 30282-102290. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Harvey and Mayor Taylor--5.
NAYS: None ........
'0.
(Council Members Fitzpatrick and White were absent.)
Mr. Musser offered the following Resolution:
(#30283-102290) A RESOLUTION authorizing the acceptance of cer-
tain Multi-Jurisdictional Special Drug Prosecutor Grants made to the
City of Roanoke by the Commonwealth of Virginia and authorizing the
acceptance, execution, and filing of all appropriate documents to
obtain such grants.
(For full text of Resolution, see Resolution Book No. 52, page 129.)
652
ACTION:
Mr. Musser moved the adoption of Resolution No. 30283-102290. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Harvey and Mayor Taylor--5.
NAYS: None--- O.
(Council Members Fitzpatrick and White were absent.)
SALE/PURCHASE OF PROPERTY-FIRE DEPARTMENT: The City Manager sub-
mitted a written report advising that authority to execute an option
for the purchase of a site for the U. S. 460 East Fire Station on Mecca
Street, N. E., was granted by Council pursuant to Ordinance No.
30186-81390, for an option price of $1,000.00 for two parcels of land,
$500.00 each, which is exercisable by the City on or before November 1,
1990.
It was further advised that at closing, the Mildred K. Peters
tract is to be conveyed to Charles L. and Edna L. McGhee after payment
to Ms. Peters, in the amount of $34,500.00, by the City, and Mr. and
Mrs. McGhee will then convey the combined Peters and McGhee tracts of
land to the City, upon payment to the McGhees in the amount of
$17,118.74 by the City; and the Peters and McGhees will each be obli-
gated to have deeds prepared for their respective tracts and pay appli-
cable closing costs, taxes, etc.
The City Manager explained that rezoning of the fire station site
was authorized by Council, pursuant to Ordinance No. 30265-101590; and
subsurface evaluations of the site have been conducted by Professional
Services Industries, Inc., and were found to be usable for intended
purposes, with no evidence of hazardous wastes or underground storage
tanks.
The City Manager recommended that he be authorized to exercise the
option to acquire the site for the U. S. Route 460 East (Mecca Street)
Fire Station site from Charles L. McGhee and Edna L. McGhee and
Mildred K. Peters, in accordance with an option authorized by Council,
pursuant to Ordinance No. 30186-81290 adopted on Monday, June 22, 1990.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#30284-102290) AN ORDINANCE authorizing the exercise of an
option to purchase certain real property for the purpose of
constructing a fire station upon certain terms and conditions; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 130.)
Mr. Harvey moved the adoption of Ordinance No. 30284-102290. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Harvey and Mayor Taylor--5.
NAYS: None ........................... O.
(Council Members Fitzpatrick and White were absent.)
SALE/PURCHASE OF PROPERTY-INDUSTRIES: The City Manager submitted
a written report advising that Elizabeth Arden Company, after extensive
search, chose a 28.257 acre site, identified as Parcel No. 4, Official
Tax No. 7210101, in the Roanoke Centre for Industry and Technology for
the location of a new office/distribution facility; that Ordinance No.
30221-91790 was adopted by Council on September 17, 1990, authorizing
execution of an option for the sale of Parcel No. 4 to Elizabeth Arden
Company and authorizing execution of the requisite deed conveying such
property; and the terms of the option provided the right of either
grantor or grantee to assign the option, either before or after the
exercise of said option, with written consent of the other party to
said option.
The City Manager further advised that Elizabeth Arden Company
desires to assign the option to Arden Associates, L.P., who will deve-
lop and lease the property to Elizabeth Arden Company; and Arden
Associates, L.P., is a limited partnership of Lingerfelt, a Richmond-
based development firm chaired by Mr. Alan T. Lingerfelt.
The City Manager recommended that Council give its consent to the
request of Elizabeth Arden Company to assign rights under said option
to Arden Associates, L.P.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
ACTION:
(#30285) AN ORDINANCE authorizing the consent to the assignment
of a Real Estate Option Agreement for the sale of approximately 28.26
acres of land within the Roanoke Centre for Industry and Technology to
Elizabeth Arden Company, to Arden Associates, L. P., and authorizing
the execution of the requisite documents.
(For full text of Ordinance, see Ordinance Book No. 52, page 133.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Harvey and Mayor Taylor--5.
NAYS: None ...... O.
(Council Members Fitzpatrick and White were absent,)
m
ACTION:
INDUSTRIES: The City Manager submitted a written report advising
that Elizabeth Arden Company, after extensive search, chose a 28.257
acre site, identified as Parcel No. 4, Official Tax No. 7210101, in the
Roanoke Centre for Industry and Technology for the location of a new
office/distribution facility; that Ordinance No. 30221-91790 was
adopted by Council on Monday, September 17, 1990, authorizing execution
of an option for the sale of Parcel No. 4 to Elizabeth Arden Company
and authorizing execution of the requisite deed conveying such proper-
ty; and Elizabeth Arden Company desires to assign the option to Arden
Associates, L.P., who will develop and lease the property to Elizabeth
Arden Company.
The City Manager further advised that Arden Associates, L.P.,
desires to begin work on the site, currently owned by the City, and
therefore, has requested a revocable license agreement providing
right-of-entry to the site so that grading may begin prior to actual
transfer of the land; that indemnification by Arden Associates, L.P.,
would be made to the City of Roanoke as a part of the revocable license
agreement, and the City would be held harmless for any risks associated
with the construction of the project on City-owned land; that Arden
Associates, L.P., will also be required to insure the City's interest
during said period; that $2,000,000.00 general liability and
$1,000,000.00 automobile insurance is required by the City's Risk
Management Office; that Arden Associates must also guarantee that no
costs to the City will be incurred as a result of work done before the
transfer of the land, and that the land will be graded in accordance
with a plan approved by the agent of the City Planning Commission and
the City Engineer on August 21, 1990; and the City of Roanoke will
retain a fully graded indL~strial site at no cost if either Elizabeth
Arden Company or Arden Associates, L.P., do not execute the option.
The City Manager recommended that he be authorized to execute a
revocable license agreement, in a form subject to approval by the City
Attorney, allowing Arden Associates, L.P., to enter upon City property,
for the purpose of site development for construction of an office/
distribution facility.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#30286-102290) AN ORDINANCE granting to Arden Associates, L.P.,
a revocable license to enter upon City property, for the purpose of
site development, upon certain terms and conditions; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 130.)
Mr. Musser moved the adoption of Ordinance No. 30286-102290. The
motion was seconded by Mr. B~wers and adopted by the following vote:
655
m
ACTION:
ACTION:
AYES: Council Members Bowers, Bowles, Harvey and Mayor Taylor--5.
NAYS: None ..................................................... O.
(Council Members Fitzpatrick and White were absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of September, 1990.
(For full text, see financial report on file in the City Clerk's
Office.)
Mr. Harvey moved that the financial report be received and filed.
The motion was seconded by Fir. Musser and adopted.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 30268 rezoning property described as those
parcels of land lying on the east side of Rosalind Avenue, S. W., bet-
ween 24th Street and 23rd Street, Official Tax Nos. 1051501 - 1051508,
inclusive, and 1051519, from RM-2, Residential Multi-Family, Medium
Density District, to RS-3, Residential Single Family District; property
described as those parcels of land lying on the south side of Broadway
Avenue, S. W., between Longview Avenue and McClanahan Street, from
RM-2, Residential Multi-Family, Medium Density District, to RM-1,
Residential Multi-Family, Low Density District; and property described
as those parcels lying approximately south of 22nd Street, S. W., north
of 26th Street, approximately west of Rosalind Avenue, east of Avenham
Avenue, and part of closed 25th Street, from RM-1, Residential Multi-
Family, Low Density District, to RS-3, Residential Single Family
District, having previously been before the Council for its first
reading on Monday, October 15, 1990, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#30268-102290) AN ORDINANCE to amend §36.1-3, Code of the City
of Roanoke (1979), as amended, and Sheet Nos. 105 and 106, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the
City.
(For full text of Ordinance, see Ordinance Book No. 52, page 126.)
Mrs. Bowles moved the adoption of Ordinance No. 30268-102290. The
motion was seconded by Mr. Harvey and adopted by the following vote:
656
ACTION:
ACTION:
ACTION:
AYES: Council Members Bowers, Bowles, Harvey and Mayor Taylor--5.
NAYS: None ............
(Council Members Fitzpatrick and t.lhite were absent.)
INDUSTRIES: Mr. Bowers offered the following Resolution reap-
pointing Mr. W. Bolling Izard as a Director of the Industrial
Development Authority of the City of Roanoke, for a term of four years
commencing October 21, 1990, and ending October 20, 1994:
(#30287-102290) A RESOLUTION reappointing a Director of the
Industrial Development Authority of the City of Roanoke, to fill a four
(4) year term on its Board of Directors.
(For full text of Resolution, see Resolution Book No. 52, page 131.)
Mr. Bowers moved the adoption of Resolution No. 30287-102290. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Harvey and Mayor Taylor--5.
NAYS: None-- O.
(Council Members Fitzpatrick and White were absent.
ACTS OF ACKNOWLEDGEMENT-CIVIC CENTER: Mr. Harvey offered the
following Resolution memorializing the late Horace S. Fitzpatrick,
Roanoke Civic Center Commission member:
(#302B8-I02290) A RESOLUTIOll memorializing the late Horace S.
Fitzpatrick, Roanoke Civic Center Commission member.
(For full text of Resolution, see Resolution Book No. 52, page 131.)
Mr. Harvey moved the adoption of Resolution No. 30288-102290. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Harvey and Mayor Taylor--§.
NAYS: None ............ O.
(Council Members Fitzpatrick and White were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
LEGISLATION: Pursuant to a recommendation contained in the
Mayor's 1990 State of the City Address, the Mayor advised that he was
appointing Council Members David A. Bowers, Chairman, James G. Harvey,
II, and William White, Sr., as members of the Council's Legislative
Committee. He requested that the City's proposed 1991 Legislative
Program be referred to the committee for study, report and recommen-
dation to Council, working in conjunction with the City Attorney.
657
ACTION:
ACTION:
OTHER HEARINGS OF CITIZENS:
TAXES: Mr. Edmund A. Damus, 1920 Deyerle Road, S. W., appeared
before Council in connection with increasing the annual income limit
for persons to be accorded the elderly and disabled real estate tax
freeze from $22,000.00 to $30,000.00, which increase was approved by
the General Assembly, effective July 1, 1990.
Mr. Harvey moved that the matter be referred to 1991-92 budget
study for consideration. The motion was seconded by Mr. Bowers and
adopted.
SCHOOLS-YOUTH: Mr. Melvin W. Garrett, 706 Gilmer Avenue, N. W.,
appeared before Council and presented an update on a program that he
presented to Council on Monday, September 24, 1990, to be known as
"Project Reach and Teach". He advised that a training center is needed
in the area of 8th Street, N. W., which is the heart of the area
dealing with problem children, and suggested that his program could be
located in the former Roanoke Dairy Company building. He stated that
the program could be labeled I.C.T., or Industrial Cooperative
Training, and its intent would be to work with parents, children and
social service agencies in an effort to combat behavorial problems.
With reference to funding of the program, he suggested that $58,000.00
be appropriated from the School budget, that $30,000.00 be appropriated
from the Police Department budget, that $30,000.00 be appropriated from
the Social Services Department budget, that $30,000.00 be appropriated
from the Parks and Recreation Department budget, and that $30,000.00 be
appropriated from the Juvenile Detention Home budget. He explained
that all funds would be reimbursed to the City over a five year period.
The City Manager advised that the matter was previously referred
to him by Council for report and he would submit his report and recom-
mendation in the very near future.
SEWERS AND STORM DRAINS-COMPLAINTS: Ms. Frances L. Mathena, 5127
Victoria Street, N. W., appeared before Council with regard to flooding
and water damage to her property which has caused considerable damage
to her furnace, garage and orchard. She requested that the City pro-
vide assistance to correct the problem.
Mr. Harvey moved that the matter be referred to the City Manager
for investigation and report to Council. The motion was seconded by
Mr. Musser and adopted.
658
There being no further business, the Mayor declared the meetin9
adjourned at 3:20 p.m.
APPROVED
ATTEST:
City Clerk
659
SPECIAL HEETING ..... ROANOKE CITY COUNCIL
November 1, 1990
11:30 a.m.
The Council of the City of Roanoke met in special meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Thursday, November 1, 1990, at 11:30 a.m., pursuant
to Section 10, Meetings of Council, of the Roanoke City Charter, and pursuant to
a communication from 'the Mayor under date of October 31, 1990, with Mayor
Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Beverly T. Fitzpatrick, Jr.,
James G. Harvey, II, Howard E. Musser, William White, Sr., and Mayor Noel C.
Taylo~ ........ -6.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlan§er, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor referred to the following communication calling the spe-
cial meeting of Council:
"October 31, 1990
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council,
Generally, of the Roanoke City Charter, please be
advised that I am calling a special meeting of the
Council of the City of Roanoke on Thursday,
November 1, 1990, at 11:00 a.m., in the Council
Chamber, fourth floor of the Municipal Building.
660
The purpose of the meeting will be to discuss the
October 30, 1990, communication from the City of
Salem with respect to the Catawba Magisterial
District.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor"
ACTION:
ANNEXATION/CONSOLIDATION: A communication from the Honorable
James E. Taliaferro, Mayor, City of Salem, advising that in order to
assure that an unbiased vote can be taken on the merger question bet-
ween Roanoke City and Roanoke County without it being clouded by any
doubt regarding the Catawba Magisterial District and the second vote
provided for in the Consolidation Agreement, the City of Salem and
Catawba District residents would like to make a final offer for
acquiring land in this District which has been discussed on many occa-
sions, was before Council.
Mayor Taliaferro advised that the City of Salem and Catawba
District residents propose to pay $16 million over a five year period
which would include the purchase of all facilities heretofore listed as
well as all present furnishings, equipment, and appurtanances to
include motor vehicles; i.e., fire engines. The Mayor requested a
response to the above offer prior to the November 6, 1990, consolida-
tion vote.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#30289-110190) A RESOLUTION reaffirming the commitment of the
City of Roanoke that the people of Glenvar and Catawba should have a
second vote to determine whether they will be a part of Roanoke
Metropolitan Government or the City of Salem; and urging the Board of
Supervisors of Roanoke County to honor its commitment by accepting the
offer of the City of Salem and permitting the promised second vote to
occur,
(For full text of Resolution, see Resolution Book No. 52, page 132.)
Mr. Musser moved the adoption of Resolution No. 30289-110190. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ....... 6.
NAYS: None ....... O.
(Council Member Bowles was absent.)
661
Vice-Mayor Musser advised that today the citizens of Glenvar and
Catawba should know who their friends are inasmuch as the City of Salem
and the City of Roanoke are working in the best interest of those citi-
zens. He stated that conversations on this issue date back two years;
that after Roanoke County rejected a proposal in May 1990, Salem made
another offer on July 10, 1990, and there was no formal reply for
approximately three months. He further stated that Roanoke County
rejected the offer and the City of Salem has now made another offer
which is virtually what the County asked for the area, but the County
says it does not have enough time to consider Salem's responsive offer,
and in fact, one member of the Board of Supervisors made the statement
that it was too late. He explained that there was a week remaining
before the consolidation vote when Salem made the present offer and the
City almost immediately tele-faxed a communication to Roanoke County
advising that the City's Negotiating Team was ready, willing and able
at any time, day or night, to meet and discuss Salem's recent offer,
however, the City received no response from Roanoke County. He pointed
out that Salem City Council has demonstrated strong leadership in
attempting to resolve the issue in the best interest of the citizens of
Glenvar and Catawba. He added that with the action taken by City
Council today, the Mayor and Members of the Roanoke City Council have
taken a cooperative step with the City of Salem which demonstrates that
the Cities of Roanoke and Salem are working in the interest of Glenvar
and Catawba citizens.
(For full text, see written statement on file in the City Clerk's
Office.)
Mr. Fitzpatrick advised that the matter of providing for a
separate vote for Catawba, Mason's Cove and Glenvar citizens was not an
idea created during the negotiating sessions, but it was a commitment
that was made by County staff and the County Board of Supervisors to
those citizens before the two parties met at the negotiating table. He
expressed disappointment over the response from Roanoke County up to
this point because the County made a commitment to its citizens, and he
hoped that the action of City Council and the leadership of the Mayor
and the Vice-Mayor would indicate to Roanoke County citizens and to the
Board of Supervisors how important the issue is and what is expected of
them; viz: a meeting to discuss the offer of the City of Salem.
The Mayor expressed appreciation to Vice-Mayor Musser, to Council
Member Fitzpatrick and to City staff for their work with regard to con-
solidation. He stated that in order to express his thoughts about con-
solidation, he was calling a press conference on Friday, November 2,
1990, at 9:00 a.m., in the City Council Chamber.
662
There being no further business, the Mayor declared the special
meeting adjourned at 12:00 noon.
ATTEST: ~0,~.~
City Clerk
APPROVED
663
II
PERSONNEL COMMITTEE
ROANOKE CITY COUNCIL
November 2, 1990
9:55 a.m.
A meeting of the City Council Personnel Committee was called to order
on Friday, November 2, 1990, at 9:55 a.m., in the Director's Conference Room of
the Roanoke Airport Marriott, 2801 Hershberger Road, N. W., with Vice-Mayor
Howard E. Musser presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles, Beverly
T. Fitzpatrick, Jr., William White, Sr., Mayor Noel C. Taylor and Chairman
Howard E. Musser--- 6.
ABSENT: Council Member James G. Harvey, II
OFFICERS PRESENT: Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
ACTION:
Mr. Fitzpatrick moved that the Personnel Committee meet in
Executive Session to conduct interviews of prospective candidates for
the position of Municipal Auditor, pursuant to Section 2.1-344 (A) (1),
Code of Virginia (1950), as amended. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, White, Mayor
Taylor and Chairman Musser ....... 6.
NAYS: None ..... O.
(Council Member Harvey was absent.)
At 10:00 a.m., the Personnel Committee went into Executive
Session.
At 12:47 p.m., the meeting reconvened in the Director's Conference
Room of the Roanoke Airport Marriott, with Chairman Musser presiding,
and all Members of the Committee in attendance, with the exception of
Council Members Fitzpatrick and Harvey.
ACTION:
Mr. Bowers moved with respect to the Executive Session just
concluded, that each Member of the Personnel Committee certify to the
best of his or her knowledge that: (1) only public business matters
lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Executive Session was
convened were heard, discussed or considered by the Personnel
Committee. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
664
AYES: Council Members Bowers, Bowles, White, Mayor Taylor and
Chairman Musser-- ---5.
NAYS: None .......... O.
(Council Members Fitzpatrick and Harvey were absent.)
There being no further business, the Chairman declared the meeting
adjourned at 12:48 p.m.
ATTEST:
City C1 erk
APPROVED
V i ce-Mayo r
665
PERSONNEL COMMITTEE
ROANOKE CITY COUNCIL
November 5, 1990
9:00 a.m.
A meeting of the City Council Personnel Committee was called to order
on Monday, November 5, 1990, at 9:00 a.m., in the City Council's Conference
Room, fourth floor of the Municipal Building, 210 Church Avenue, S. W., with
Vice-Mayor Iloward E. Musser presiding.
PRESENT:
James G. Harvey,
Howard E. Musser-.
Council Members David A. Bowers, Elizabeth T. Bowles,
II, William White, Sr., Mayor Noel C. Taylor and Chairman
6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr.---
OFFICERS PRESENT: Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
ACTION:
Mayor Taylor moved that the Committee meet in Executive Session to
conduct interviews of prospective candidates for the position of
Municipal Auditor, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Harvey, White, Mayor Taylor
and Chairman Musser ..... 6.
NAYS: None-
(Council Member Fitzpatrick was absent.)
At 9:30 a.m., the Committee went into Executive Session.
At 1:50 p.m., the meeting reconvened in the Council's Conference
Room, with Chairman Musser presiding, and all Members of the Committee
in attendance, with the exception of Council Member Fitzpatrick and
Mayor Taylor.
ACTION:
With respect to the Executive Session just concluded, Mr. Bowers
moved that each Member of the Personnel Committee certify to the best
of his or her knowledge that: (1) only public business matters
lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Executive Session was
convened were heard, discussed or considered by the Personnel
Committee. The motion was seconded by Mr. White and adopted by the
following vote:
666
AYES: Council Members Bowers, Bowles, Harvey, White and Chairman
Musser-- -5.
NAYS: None ..... O.
(Mayor Taylor and Council Member Fitzpatrick were absent.)
There being no further business, the Chairman declared the meeting
adjourned at 1:55 p.m.
APPROVED
ATTEST:
City Clerk
Vice-Mayor
667
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
November 5, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 5, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979}, as amended.
PRESENT: Council Members William White, Sr., David A. Bowers,
Elizabeth T. Bowles, James G. Harvey, II, Howard E. Musser and Mayor Noel C.
Taylor--- 6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; William X Parsons, Assistant City Attorney;
James D. Grisso, Deputy Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Troy Webb, Pastor,
Glad Tidings Assembly of God Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT: Mr. George C. Snead, Jr., Director of
Administration and Public Safety, introduced Mr. Masaaki Hashimoto, a
City Planner from Takikawa City, Japan's northern-most island of
Hokkaido, who was participating in a pilot program sponsored by the
Academy for State and Local Government and is one of a group of local
government employees visiting the United States. He pointed out that
it is hoped that the program will help forge closer links with the new
generation of practitioners and decisionmakers in Japan. Mr. Snead
explained that Mr. Hashimoto had participated in a five week English
language study program, along with two weeks of visits and meetings in
the Washington, D. C., area prior to his arrival in Roanoke on
October 27, 1990.
On behalf of the Members of City Council, City staff and citizens
of Roanoke, the Mayor extended a most cordial welcome to Mr. Hashimoto
and presented him with an Honorary Citizen of Roanoke Certificate and a
Key to the City.
668
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed ~il the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council, and an additional person-
nel matter.
MINUTES: Minutes of the organizational meeting of Council held on
Monday, July 2, 1990; the regular meetings held on Monday, July 9,
1990, and Monday, July 23, 1990; the special meeting held on Friday,
August 10, 1990; and the regular meeting held on Monday, August 13,
1990, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that the reading of the minutes be dispensed
with and that the minutes be approved as recorded. The motion was
seconded by Mr. White and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor ............................ 6.
NAYS: None ........... O.
(Council Member Fitzpatrick was absent.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 IA} (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor .......... .6.
NAYS: None ............... -0.
(Council Member Fitzpatrick was absent.)
TRAFFIC-HANDICAPPED PERSONS: A progress report of the City
Manager with regard to handicapped parking spaces in the downtown area,
was before Council.
The City Manager advised that in November, 1986, the Mayor's
Committee for the Disabled was reorganized to assist with identifying
and resolving issues relating to handicapped access in the City; that
one of the recently addressed issues led to adoption by Council of a
$50.00 fine for parking in a space reserved for handicapped persons;
and a report to Council, under date of July 9, 1990, indicated that the
issue of the number and location of handicapped parking spaces in the
downtown area was still under review.
It was further advised that representatives of the Mayor's
Committee have jointly agreed upon the following items:
"$50.00 fine" language is already being added to
all handicapped parking signs.
Five new handicapped parking spaces will be added
downtown at the following locations:
north side of Campbell Avenue, just east of
Market Street;
south side of Campbell Avenue, just east of
Market Street (in front of Books, Strings &
Things);
north side of Campbell Avenue, just west of
Wall Street;
west side of Wall Street, just north of
Campbell Avenue; and
north side of Church Avenue, directly in front
of the Municipal Building.
It was explained that although downtown construction has resulted
in the loss of a handicapped parking space on Salem Avenue, S. E., the
above additions create spaces in the "heart" of the market area and
also provide spaces suitable for those who must exit their vehicle on
either the right or left side; and the following nine new handicapped
ramps will be added downtown:
six ramps at the intersection of Jefferson Street
and Elm Avenue;
one ramp on the northeast corner of Jefferson
Street and Bullitt Avenue;
one ramp on the west side of Williamson Road across
from Bullitt Avenue; and
one ramp on the north side of Campbell Avenue
directly in front of the City Market Building.
669
670
ACTION:
It was further explained that an informational brochure sum-
marizing handicapped parking facilities will be developed through
Downtown Roanoke, Incorporated; that several existing handicapped ramps
will be improved to reduce the height differential between the pavement
and the ramp; that future handicapped ramps will be constructed flush
with the pavement, and said improvements are being scheduled for
completion prior to the end of the year, leaving opportunities for
further communications and improvements open.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the report be received and filed. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor ......... 6.
NAYS: None .......... O.
(Council Member Fitzpatrick was absent.)
DIRECTOR OF FINANCE-TAXES: A report of the Director of Finance
with regard to the Virginia Governmental Finance Officer's Association
1990 Awards Program, was before Council.
lhe Director of Finance advised that the City of Roanoke received
one of 11 1990 awards presented at the Twenty-Third Annual Conference
of the Virginia Governmental Finance Officer's Association 1990 Awards
Program at the Sheraton Premiere at Tysons Corner in Vienna, Virginia,
on October 4, 1990, in which the Roanoke City Department of Finance
submitted the "Automated Meals Tax System" as an entry under the cate-
gory of Revenue Enhancement.
It was further advised that the Automated Meals Tax System is a
micro-based "Prepared Food and Beverage Tax" program that became opera-
tional on August 1, 1987, which was developed separate from the
Business License Program in order to provide the Director of Finance
direct responsibility for the administration of said tax; that the
system permits administration of the entire program by one staff posi-
tion )~ho is responsible for the internal maintenance of the data base,
posting payments, field audits, premise visits, collection calls, and
court actions; and neighboring jurisdictions (County of Roanoke and
City of Salem) elected to use the City of Roanoke's system when they
implemented their Prepared Food and Beverage Tax.
It was explained that Ms. Deborah Moses, Chief of Billings and
Collections, was directly responsible for the development of the system
and the implementation of the very successful Prepared Food and
Beverage Tax Administration; and she accepted the award on behalf of
the City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
671
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the report be received and filed. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor ................... 6.
NAYS: None ..... O.
(Council Member Fitzpatrick was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
October 22, 1990, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mrs. Bowles moved that the pending list be received and filed.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor- 6.
NAYS: None ........... O.
(Council Member Fitzpatrick was absent.)
CIVIC CENTER: A report of qualification of Messrs. John S.
E~wards and Robert D. Edwards as members of the Roanoke Civic Center
Commission for terms of three years each, ending September 30, 1993,
was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. White and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor ...... 6.
NAYS: None ..............
Oe
(Council Member Fitzpatrick was absent.)
ARCHITECTURAL REVIEW BOARD: A report of qualification of Mr.
Richard L. Meagher as a member of the Architectural Review Board for a
term of four years ending October 1, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. White and adopted by the
following vote:
672
ACTION:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor .................... 6.
NAYS: None ............. O.
(Council Member Fitzpatrick was absent.)
COUNCIL: An oral request of Vice-Mayor Howard E. Musser for an
Executive Session to discuss a personnel matter being the appointment
of a specific public officer, pursuant to Section 2.1-344 (Al (1), Code
of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Vice-
Mayor to convene in Executivu Session to discuss a personnel matter
being the appointment of a specific public officer, pursuant to Section
2.1-344 (Al (1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. White and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor ....... ---6.
NAYS: None .......
(Council Member Fitzpatrick was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS-GRANTS-DRUGS: A communication from the Roanoke
City School Board requesting that Council appropriate $124,124.00 for a
Drug Free School grant in order to employ counselors and provide
training workshops and materials for the operation of a community-wide
alcohol and drug prevention program, which program will be reimbursed
by Federal funds, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the grant is
funded with 100 per cent Federal funds; and recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30290-110590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 133.)
ACTION:
ACTION:
Mr. White moved the adoption of Ordinance No. 30290-110590. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor ............ 6.
NAYS: None ......... O.
(Council Member Fitzpatrick was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY EMPLOYEES: The City Manager submitted a written report
advising that a Christmas holiday recon~endation was made by Mayor
Noel C. Taylor on September 17, 1990, in his State of the City Address
that, as an act of appreciation, December 24, 1990, be given as a
Christmas holiday to allow City personnel to experience a four day
Christmas break from Saturday, December 22 through Tuesday, December
25.
It was further advised that essential services can be maintained
should a special holiday be granted on December 24, 1990; that City
personnel who are not engaged in perfoming emergency service or other
necessary essential services for the City can be excused from work on
Monday, December 24, 1990; and emergency service employees and other
employees performing necessary and essential services who cannot, for
reasons of public health, safety and welfare, be excused from work on
December 24, 1990, regardless of whether they are scheduled to work on
said date, will be accorded equivalent time off according to a schedule
to be arranged by the City Manager.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30291-110590) A RESOLUTION establishing Monday, December 24,
1990, as a City holiday for certain employees for this calendar year
only.
(For full text of Resolution, see Resolution Book No. 52, page 134.)
Mrs. Bowles moved the adoption of Resolution No. 30291-110590.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
673
m
674
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Tayl or ......... 6.
NAYS: None ....... O.
(Council Member Fitzpatrick was absent.)
Following discussion, the City Manager was requested to report to
Council with regard to whether or not it wi~ll be necessary to schedule
a regular meeting of Council during the week of December 24, 1990.
BUDGET-GRANTS-YOUTH: The City Manager submitted a written report
advising that the Crisis Intervention Center (Sanctuary) previously
operated with a waiting list for services; that the United States
Department of Health and Human Services Runaway and Homeless Youth
Grant No. 03CY0269/01 has provided Outreach Services impacting 31 fami-
lies from January-September 1990; that the waiting list has been vir-
tually reduced from as many as 20 to zero; and presently two full-time
staff positions provide outpatient and early intervention services for
diversion from court involvement or entering into residential and out-
of-family placement.
It was further advised that Program Grant No. 03CY0269/01 has been
received for a second year, in the amount of $46,856.00, for the City
of Roanoke's Crisis Intervention Center's Outreach Program, and funds
cover the period of September 1, 1990, through August 31, 1991: that
the total grant project period is for three years (September 1, 1989 -
August 31, 1992); that the City's in-kind contribution, in the amount
of $5,564.00, will be met by applying management time, clinical super-
vision, and office space; and the Program Grant will continue to be
utilized as follows:
Two staff positions, an Outreach Counselor, Group
Home Counselor II, and a Social Work Aide will be
continued.
Staff will continue to provide outreach services,
including individual and family counseling, group
counsel ing, structured recreational educational
activities, and referral to existing services at
Sanctuary and elsewhere in the community.
The program has completed several accomplishments
in 1989-1990; such as
weekly parent education/support groups,
weekly youth education/support groups,
special art therapy projects including the
Norwich Community Mural on Roanoke Avenue,
and
31 families have received services.
675
ACTION:
ACTION:
The City Manager recommended that he be authorized to accept the
United States Department of Health and Human Services' Runaway and
Homeless Youth Program Grant No. 03CY0269/01; and authorize the
Director of Finance to appropriate $46,856.00 of Federal grant funds to
revenue and expenditure accounts.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#30292-110590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 13~.)
Mr. Harvey moved the adoption of Ordinance No. 30292-110590. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor ............ _ .... 6.
NAYS: None .........
-0.
(Council Member Fitzpatrick was absent.)
Mr. Harvey offered the following Resolution:
(#30293-110590) A RESOLUTION authorizing the acceptance of a cer-
tain grant offer made to the City of Roanoke by the United States
Department of Health and Human Services under the provisions of the
Runaway and Homeless Youth Act (P.L. 98-473) and authorizing the execu-
tion of the City's acceptance of the aforesaid grant offer and the
agreement, on behalf of the City, to comply with the terms and con-
ditions of the grant and applicable laws, regulations, and requirements
of said Department pertaining thereto.
(For full text of Resolution, see Resolution Book No. 52, page 135.)
Mr. Harvey moved the adoption of Resolution No. 30293-110590. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor ........ .6.
NAYS: None .........
Oe
(Council Member Fitzpatrick was absent.)
676
GRANTS-HOUSING-SALE/PURCHASE OF PROPERTY: The City Manager sub-
mitred a written report advising that $220,000.00 from the Virginia
Housing Partnership Fund's Single Family Rehabilitation and Energy
Conservation Loan Program, and $240,000.00 in Community Development
Block Grant (CDBG) funds were allocated to the Home Purchase Assistance
Program (HPAP) by Council on June 26, 1989, allowing the City to pro-
vide loans to low-moderate income households agreeing to buy and repair
certain identified substandard houses; that the Program is administered
jointly by the City and the Roanoke Redevelopment and Housin§
Authority, as outlined in the City's contract for services with the
Housing Authority; and program design is as follows:
The Virginia Department of Housing and Community
Development and the Virginia Housing Development
Authority (VHDA) jointly administer the Single
Family Rehabilitation and Energy Conservation Loan
Program. VHDA provides loan approval and servicing
for $20,000.00 maximum rehabilitation loan/grants
available to qualifying low-moderate income house-
holds at four per cent interest with 15 year terms.
The City provides CDBG loans for purchase, closing
costs and additional property rehabilitation
(beyond VHDA's $20,000.00 maximum if needed) at
four per cent interest with 10 - 15 year terms.
These loans are approved and serviced by the City.
Roanoke Redevelopment and Housing Authority over-
sees the rehabilitation repairs to the properties.
It was further advised that the Home Purchase Assistance Program
Selection Committee, which is composed of both Housing Authority and
City staff, has recommended approval of loans to four low-moderate
income households to purchase and rehabilitate homes through the
program, subject to approval of rehabilitation financing from the
State, as follows:
$15,686.00 State rehabilitation loan and CDBG loan
not to exceed $21,000.00 to Edna Christine Whorley
for the purchase ($19,000.00 purchase price,
$500.00 attorney fees, and $1,500.00 closing costs)
of 931 Kellogg Avenue, N. W., Official Tax No.
2050214;
$18,303.00 State rehabilitation loan and CDBG loan
not to exceed S21,gDO.OD to Clotiel Angienett Smith
Jones for the purchase ($1g,go0.o0 purchase price,
$500.00 attorney fees, and $1,500.00 closing costs)
of 903 Kellogg Avenue, N. W., Official Tax No.
2050222;
677
ii
Ii
$19,756.00 State rehabilitation loan and CDBG loan
not to exceed $21,000.00 to Gall D. Kinzer Winfree
for the purchase {$19,000.00 purchase price,
$500.00 attorney fees, and $1,500.00 closing costs)
of 913 Kellogg Avenue, N. W., Official Tax No.
2050219; and
$20,000.00 State rehabilitation loan and CDBG loan
not to exceed $20,000.00 to Brenda Augusta Mason
for the purchase 1518,000.00 purchase price,
$500.00 attorney fees, and $1,500.00 closing costs)
of 1547 Rugby Boulevard, N. W., Official Tax No.
2230313.
It was explained that the City holds Real Estate Option Agreements
with the following property owners:
931 Kellogg Avenue, N. W., Official Tax No. 2050214
(Council approved execution of Option Agreement on
June 18, 1990);
903 Kellogg Avenue, N. W., Official Tax No. 2050222
(Council approved execution of Option Agreement on
April 2, 1990);
913 Kellogg Avenue, N. W., Official Tax No. 2050219
(Council approved execution of Option Agreement on
June 18, 1990); and
A purchase agreement exists between Brenda Augusta
Mason, purchaser, and the owner of 1547 Rugby
Boulevard, N. W., Official Tax No. 2230313, subject
to purchaser obtaining financing under the Home
Purchase Assistance Program.
It was further explained that the Virginia Housing Development
Authority has notified the City that State rehabilitation loans for the
four low-moderate income households have been approved; that Council's
approval to assign existing Real Estate Option Agreements to selected
purchasers of 931 Kellogg Avenue, N. W., 903 Kellogg Avenue, N. W., and
913 Kellogg Avenue, N. W., and Council's approval to provide loans of
CDBG funds to the four low-moderate income households is necessary to
allow the purchase and rehabilitation of four currently substandard
vacant properties to occur through the Home Purchase Assistance
Program.
The City Manager recommended that Council approve assignment of
the Real Estate Option Agreement on 931 Kellogg Avenue, N. W., and
approve a CDBG loan not to exceed $21,000.00 to Edna Christine Whor)ey
for purchase and rehabilitation of the property; approve assignment of
678
ACTION:
the Real Estate Option Agreement on 903 Kellogg Avenue, N. W., and
approve a CDBG loan not to exceed $21,900.00 to Clotiel Angienett Smith
Jones for purchase and rehabilitation of the property; approve assign-
ment of a Real Estate Option Agreement on 913 Kellogg Avenue, N. W.,
and approve a CDBG loan not to exceed $21,000.00 to Gail D. Kinzer
Winfree for purchase and rehabilitation of the property; and approve a
CDBG loan not to exceed $20,000.00 to Brenda Augusta Mason for purchase
and rehabilitation of 1547 Rugby Boulevard, N. W., under the Home
Purchase Assistance Program. The City Manager further recommended that
he be authorized to execute documents, subject to approval by the City
Attorney, necessary to assign the options and implement and administer
the loans, including Construction Disbursement Agreements; that upon
payment or full satisfaction of the debt secured by the Deed of Trust
and delivery of the cancelled Deed of Trust Note to the person or per-
sons by whom it was paid, he will execute a Certificate of Satisfaction
in the Office of the Clerk of the Circuit Court of the City of Roanoke;
and notes evidencing the loans and the Deeds of Trust (naming Joel M.
Schlanger and Wilburn C. Dibling, Jr., as Trustees) securing the loans
will be approved as to form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#30294-110590) AN ORDINANCE approving the loan of Community
Development Block Grant (CDBG) funds to individuals in connection with
the City's Home Purchase Assistance Program, authorizing the City
Manager to execute documents providing for the assignment of certain
options to those individuals, authorizing the City Manager to execute
documents approved as to form by the City Attorney necessary to imple-
ment and administer the loans, including Construction Disbursement
Agreements, authorizing the City Attorney and Director of Finance to
serve as trustees with regard to the related deeds of trust securing
the notes for each of the loans, authorizing the City Manager to exe-
cute certificates of satisfaction upon full payment and satisfaction of
the loans, and authorizing recordation by the City Attorney of the cer-
tificates of satisfaction in the Office of the Clerk of the Circuit
Court for the City of Roanoke; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 136.)
Mr. Musser moved the adoption of Ordinance No. 30294-110590. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor ........ 6.
NAYS: None .......... O.
(Council Member Fitzpatrick was absent.)
ACTION:
BUDGET-COMMISSIONER OF REVENUE-EQUIPMENT: The City Manager sub-
mitted a written report advising that Council, at its regular meetings
on May 7, 1990, and May 14, 1990, adopted Ordinance No. 30028-51490,
establishing a system of proration of personal property taxes, effec-
tive January 1, 1991; that City procedures are currently being fina-
lized to implement the changes; and revenue increase projected as a
result of the adoption of the "proration" method is in the amount of
$365,000.00, and was counted toward funding Council's Priority 1
Supplemental Budget requests for fiscal year 1990-91.
It was further advised that personal computer equipment, software,
filing cabinets and decals on continuous rolls are required by the
Commissioner of Revenue in order to implement the program in an optimal
manner; therefor, the City Manager recommended that Council appropriate
$25,891.00 from the Capital Maintenance and Equipment Replacement
Program for purchase of the following items, with $5,000.00 to be
appropriated to Account No. 001-022-1233-2030 and $20,891.00 to Account
No. 001-022-1233-9005:
Five personal computers
PC software
Five filing cabinets
Decals on continous rolls
$15,350.00
2,395.00
3,146.00
5,000.00
$25,891.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#30295-110590) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 137.)
Mr. Harvey moved the adoption of Ordinance No. 30295-110590. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor .... ' ....... 6.
NAYS: None ....
(Council Member Fitzpatrick was absent.)
AIRPORT-SPECIAL PERMITS-CITY EMPLOYEES: The City Manager sub-
mitted a written report advising that Council, at its regular meeting
on Monday, October 8, 1990, awarded a contract for the realignment and
reconstruction of Thirlane Road, N. W.; that entry upon Roanoke
Regional Airport property will be necessary by City employees during
679
680
ACT]ON:
construction for such items as security fence relocation and 9radin9
prior to, during, and after fence relocation; and a revocable entry
permit needs to be executed in order to allow entry by City employees
upon airport property to inspect construction.
The City Manager recommended that he be authorized to sign a revo-
cable entry permit with the Roanoke Regional Airport Commission.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#30296-110590) AN ORDINANCE authorizing the City's execution of
a Revocable Entry Permit with the Roanoke Regional Airport Commission,
providing for the City to enter upon Roanoke Regional Airport
Commission property to inspect certain work being performed in connec-
tion with the realignment and reconstruction of Thirlane Road, N. W.'
and providing for an emergency. ,
(For full text of Ordinance, see Ordinance Book No. 52, page 138.)
Mrs. Bowles moved the adoption of Ordinance No. 30296-110590. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members White, Bowers Bowles, Harvey, Musser
Mayor Taylor ........ '
NAYS: None .........
and
6.
-0.
(Council Member Fitzpatrick was absent.)
SPECIAL PERMITS-BLUE CROSS/BLUE SHIELD: The City Manager sub-
mitted a written report advising that Council annually grants permit
requests for the installation of holiday decorations on City-owned
light standards and other facilities, includin trees
downtown busi · - . g located in the
ness district, and Blue Cross/Blue Shield of Virginia has
requested permission to decorate the Linden trees in Key Plaza from
November 12, 1990, through January 15, 1991.
The City Manager recommended that Council grant Blue Cross/ Blue
Shield of Virginia a revocable permit to decorate the Linden trees in
Key Plaza for the period November 12, 1990, through January 15, 1991.
(Forfull text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#30297-110590) A RESOLUTION authorizing a revocable permit to
Blue Cross/Blue Shield of Virginia for the attachment or installation
of certain holiday decorations to certain City-owned trees in Key
Plaza, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 52, page 138.)
ACTION:
ACTION:
Mr. Musser moved the adoption of Resolution No. 30297-110590. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor ............ 6.
NAYS: None ...................
Oe
(Council Member Fitzpatrick was absent.)
SEWERS AND STORM DRAINS: The City Manager submitted a written
report concurring in a report of a bid committee with regard to
supplying pickle liquor for use at the Sewage Treatment Plant.
The bid committee reco~nended that Council accept the lowest bid
submitted by Montgomery Tank Lines, including fuel surcharge, for the
transporting of pickle liquor from Yorkville, Ohio, to Roanoke,
Virginia, for the period of November 1, 1990, to October 31, 1991, with
a option to renew for two additional one year periods, at a rate of
$1.70 cwt, plus fuel surcharge, and reject the other bid received by
the City.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30298-110590) A RESOLUTION accepting the bid of Montgomery Tank
Lines made to the City for transportation of pickle liquor from
Yorkville, Ohio, to Roanoke, Virginia, for the period of November 1,
1990, to October 31, 1991; and rejecting all other bids made to the
City.
(For full text of Resolution, see Resolution Book No. 52, page 139.)
Mrs. Bowles moved the adoption of Resolution No. 30298-110590.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor ....... 6.
NAYS: None .....
(Council Member Fitzpatrick was absent.)
INSURANCE-BLUE CROSS/BLUE SHIELD-CITY EMPLOYEES: The City Manager
submitted a written report advising that the present Comprehensive
Health Insurance contract with Blue Cross and Blue Shield of Virginia
expires on December 31, 1990; that the present two year dental
insurance contract with Delta Dental Plan of Virginia expires on
December 31, 1990; that the City currently contributes 90 per cent
towards the "employee only" rate for both health and dental insurance;
and specifications were developed to obtain competitive proposals for
the City's Group Health and Dental Insurance.
681
It was further advised that a Request for Proposals was completed
which included one year contracts for the existing Health Insurance
Plan and one and two year contracts for the Dental Insurance Plan; that
31 agents/brokers were mailed Requests for Proposals on August 27,
1990; that advertisement of the Request for Proposals was published in
the Roanoke Times and World-News on August 26, 1990; and seven respon-
ses ¥or health insurance, six for dental insurance and four for vision
care were received and publicly opened at 2:00 p.m., on Thursday,
September 27, 1990, in the Office of the Manager of General Services.
It was explained that medical costs have escalated in recent years
causing a direct increase in health insurance premiums; that health
insurance providers are projecting a 20 per cent regional cost trend
increase in 1991 assuming a break even point between premiums and
claims experience; that claims experience for the City of Roanoke bet-
ween August 1, 1989, and July 31, 1990, was below the level of premiums
for the same time period which is an indicator that employees are
making a conscious effort to use health care benefits wisely and that
cost containment and "wellness" features in the City's current plan are
continuing to have a positive impact; and claims paid out during said
period were in the amount of $2,716,035.00 compared to $3,575,367.00
paid in premiums.
The City Manager advised that informational meetings were con-
ducted with Blue Cross and Blue Shield of Virginia and Delta Dental
Plan of Virginia, who were deemed fully qualified to meet the City's
needs and provided the requested services for tile lowest cost; that
negotiations were conducted with Blue Cross and Blue Shield of Virginia
for health insurance and with Delta Dental Plan of Virginia for dental
insurance following the guidelines of the City's procurement code; and
retiree health care was pursued as an option following the premise that
a pool of retirees who participate in health care insurance would be
responsible for premium payments, noting that progress has been made
toward this end, however, no recommendation can be made at this time.
The City Manager recommended that Council take the following
actions:
Award a contract for health care insurance to
Blue Cross and Blue Shield of Virginia for the
period of one year beginning January 1, 1991, and
ending December 31, 1991, under the terms and con-
ditions contained in the City's present contract,
except as otherwise noted in said report, and
authorize the City Manager to execute the same,
subject to approval by the City Attorney, and with
the understanding that Blue Cress and Blue Shield
of Virginia provide the City Manager with said
contract, ready for execution no later than
December 15, 1990.
683
il
Ii
ACTION:
ACTION:
Award a contract for dental insurance to Delta
Dental Plan of Virginia for the period of two years
beginning January 1, 1991, and ending December 31,
1992, under the terms and conditions contained in
the City's present contract, except as otherwise
noted in said report, and authorize the City
Manager to execute the same, subject to approval by
the City Attorney and with the understanding that
Delta Dental Plan of Virginia provide the City
Manager with said contract, ready for execution no
later than December 15, 1990.
Increase the City's contribution from $7.00 per
employee per month to $8.00 per employee per month
beginning in December of 1990 for dental insurance.
Funding was anticipated during the fiscal year
1990-91 budget study and provided in the adopted
departmental operating budgets.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following Resolution:
(#30299-110590) A RESOLUTION authorizing the execution of a
contract and related documentws with Blue Cross and Blue Shield of
Virginia to provide group hospitalization and health insurance for
employees of the City and members of their families.
(For full text of Resolution, see Resolution Book No. 52, page 140.)
Mr. White moved the adoption of Resolution No. 30299-110590. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor ............. 6.
NAYS: None ...............
(Council Member Fitzpatrick was absent.)
Mr. Harvey offered the following Resolution:
(#30300-110590) A RESOLUTION authorizing the execution of a
contract and related documents with Delta Dental Plan of Virginia to
provide group dental insurance for employees of the City and members of
their families.
(For full text of Resolution, see Resolution Book No. 52, page 140.)
Mr. Harvey moved the adoption of Resolution No. 30300-110590. The
motion was seconded by Mr. Musser and adopted by the following vote:
684
ACTION:
AYES: Council Members White, Bowers, Bowles, Harvey Musser and
Mayor Taylor ....... ,
NAYS: None .......
(Council Member Fitzpatrick was absent.)
0
Mr. Bowers inquired as to how many individuals would be involved
if the City provided hospitalization insurance for retirees. He stated
that certain auditing procedures were discussed by the Members of
Council over the last two days, durin9 Municipal Auditor interviews, as
well as the City's hospitalization insurance; whereupon, he moved that
the matter of hospitalization insurance for City retirees be referred
to the Audit Committee and to 1991-92 budget study for consideration by
Council. The motion was seconded by Fir. Harvey and adopted.
REPORTS OF COMMITTEES:
PARKS AND PLAYGROUNDS-STREET NAMES: A report of the City Planning
Commission advising that Mr. William F. Hawkins, Past President,
Crestar Bank, requested before his departure that the name of the plaza
in front of the bank building located on Jefferson Street be changed to
Crestar Plaza to reflect the merger of Colonial American National Bank
into Crestar Bank.
It was explained that the plaza was originally constructed by the
City in 1978 on a parcel of land which was formally a portion of the
Downtown East Redevelopment Area and is included in the City's
Comprehensive Parks and Recreation Plan, dated January, 1981.
The City Planning Commission recommended that the name of the
plaza in front of the Crestar Bank building on Jefferson Street be
changed from Colonial Plaza to Crestar Plaza.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#30301-110590) AN ORDINANCE designating the official name of a
certain City plaza located on the northeast corner of Luck Avenue and
South Jefferson Street as the "CRESTAR PLAZA," directing the amendment
of the Comprehensive Parks and Recreation Plan and providing for an
emergency. ,
ACTION:
(For full text of Ordinance, see Ordinance Book No. 52, page 141.)
Mrs. Bowles moved the adoption of Ordinance No. 30301-110590. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor .......
'6o
NAYS: None ......
(Council Member Fitzpatrick was absent.)
685
ACTION:
ASBESTOS REMOVAL AND DISPOSAL: Council Member William White, Sr.,
Chairman of a committee appointed by the Mayor to tabulate bids
received for asbestos abatement in properties located at 118-124
Campbell Avenue, S. W., presented a written report on behalf of the
committee, recommending that the City Manager be authorized to reject
the contract with Strahle Construction Company, Inc., inasmuch as the
contractor did not meet requirements for project insurance.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following Resolution:
(#30302-110590) A RESOLUTION revoking the acceptance of the bid
of Strahle Construction Company, Inc. for asbestos abatement at 118 -
124 Ca~apbell Avenue, S. W.
(For full text of Resolution, see Resolution Book No. 52, page 141.)
Mr. White moved the adoption of Resolution No. 30302-110590. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor--- 6.
NAYS: None ....... O.
(Council Member Fitzpatrick was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
INDUSTRIES-SALE/PURCHASE OF PROPERTY: Ordinance No. 30285-110590
authorizing consent to the assignment of a Real Estate Option Agreement
for the sale of approximately 28.26 acres of land within the Roanoke
Centre for Industry and Technology to Elizabeth Arden Company, to Arden
Associates L.P.; and authorizing execution of the requisite documents,
having previously been before the Council for its first reading on
Monday, October 22, 1990, read and adopted on its first reading and
laid over, was again before the body, Mr. Bowers offering the following
for its second reading and final adoption:
(#30285-110590) AN ORDINANCE authorizing the consent to the
assignment of a Real Estate Option Agreement for the sale of approxima-
tely 28.26 acres of land within the Roanoke Centre for Industry and
Technology to Elizabeth Arden Company, to Arden Associates L.P., and
authorizing the execution of the requisite documents.
(For full text of Ordinance, see Ordinance Book No. 52, page 133.)
686
ACTION:
ACTION:
Mr. Bowers moved the adoption of Ordinance No. 30285-110590. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor .... _ ................ 6.
NAYS: None-
(Council Member Fitzpatrick was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:30 p.m., the Mayor declared the meeting in recess.
At 4:30 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Fitzpatrick.
COUNCIL: Mr. Harvey moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Harvey, Musser and
Mayor Taylor ....... 6.
NAYS: None ......
(Council Member Fitzpatrick was absent.)
Oe
CIVIC CENTER: The Mayor advised that there is a vacancy on the
Roanoke Civic Center Commission, created by the death of Mr. Horace S.
Fitzpatrick for a term ending September 30, 1993, and called for nomi-
nations to fill the vacancy.
Mr. Harvey placed in nomination the name of Mr. Delvis O.
-McCadden.
There being no further nominations, Mr. McCadden was elected as a
member of the Roanoke Civic Center Commission to fill the unexpired
term of Mr. Horace S. Fitzpatrick, deceased, ending September 31, 1993,
by the following vote:
FOR MR. MCCADDEN: Council Members White, Bowers, Bowles, Harvey,
Musser and Mayor Taylor ........ 6.
(Council Member Fitzpatrick was absent.)
687
III
ACTION:
ACTION:
ACTION:
ACTION:
FIRE DEPARTMENT (BOARD OF FIRE APPEALS: The Mayor advised that
there is a vacancy on the Board of Fire Appeals created by the resigna-
tion of Mr. S. L. Lovelace, and called for nominations to fill the
vacancy.
Mr. Bowers placed in nomination the name of Mr. Harry F. Collins,
Jr.
There being no further nominations, Mr. Collins was elected as a
member of the Board of Fire Appeals, for a term ending September 30,
1994, by the following vote:
FOR MR. COLLINS: Council Members White, Bowers, Bowles, Harvey,
Musser and Mayor Taylor ........ 6.
(Council Member Fitzpatrick was absent.)
Mr. Bowers moved that tile Roanoke City residency requirement be
waived in this instance. The motion was seconded by Mrs. Bowles and
adopted.
BUILDINGS (BOARD OF ADJUSTMENTS AND APPEALS, BUILDING CODE): The
Mayor advised that there is a vacancy on the Board of Adjustments and
Appeals, Building Code created by the resignation of Mr. Paul V.
Childress, Jr., for a term ending September 30, 1994, and called for
nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Mr. Harry F. Collins,
Jr.
There being no further nominations, Mr. Collins was elected as a
member of the Board of Adjustments and Appeals, Building Code, to fill
the unexpired term of Mr. Paul V. Childress, Jr., resigned, ending
September 30, 1994, by the following vote:
FOR MR. COLLINS: Council Members White, Bowers, Bowles, Harvey,
Musser and Mayor Taylor ....... 6.
(Council Member Fitzpatrick was absent.)
Mr. Bowers moved that the residency requirement for Mr. Collins be
waived in this instance. The motion was seconded by Mrs. Bowles and
adopted.
TRAFFIC (CITY OF ROANOKE TRANSPORTATION SAFETY COMMISSION): The
Mayor advised that the four year terms of Messrs. Gary E. Pritchard,
Robert K. Bengtson, and Chauncey L. Logan as members of the City of
Roanoke Transportation Safety Con~nission expired on October 31, 1990,
and called for nominations to fill the vacancies.
Mr. White placed in nomination the names of Messrs. Gary E.
Pritchard, Robert K. Bengtson and Chauncey L. Logan.
688
ACTION:
There being no further nominations, Messrs. Pritchard, Bengtson
and Logan were reelected as members of the City of Roanoke
Transportation Safety Commission for terms of four years each, ending
October 31, 1994, by the following vote:
FOR MESSRS. PRITCHARD, BENGTSON AND LOGAN: Council Members White,
Bowers, Bowles, Harvey, Musser and Mayor Taylor ...................... 6.
(Council Member Fitzpatrick was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 4:40 p.m.
ATTE ST:
City C1 erk
APPROVED
689
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
November 12, 1990
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 12, 1990, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T. Fitzpatrick,
Jr., James G. Harvey, II (arrived at 8:25 p.m.), Howard E. Musser, William
White, Sr., David A. Bowers and Mayor Noel C. Taylor ....... 7.
ABSENT: None ........ O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend David Fraser,
Pastor, Christian and Missionary Alliance Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT: The Mayor welcomed Scout Master Jim
Warren and Boy Scout Troop No. 50 from Woodlawn United Methodist
Church.
PUBLIC HEARINGS
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, November 12, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Patrick Henry
Hotel Investors, Inc., that a tract of land located at 617 South
Jefferson Street, identified as Official Tax No. 1013313, be rezoned
from C-3, Central Business District, to H-l, Historic District Overlay,
the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
October 26, 1990, and Friday, November 2, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
690
ACTION:
A report of the City Planning Commission advising that the purpose
of the request for rezonin9 is to add the Patrick Henry Hotel to the
downtown historic district and preserve the building on Jefferson
Street, was before Council.
The Planning Commission recommended that Council approve the
request for a historic district zonin9 overlay for the Patrick Henry
Hotel, one of the significant architectural and historical buildings in
the downtown and the City, advising that a local ordinance protection
of the property would prohibit any adverse alteration to the structure
or the senseless demolition of the potential state and national
register property, as well as make public financial and technical
assistance programs available to assist owners in further rehabilita-
tion of the property.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the followin9 Ordinance be placed upon
its first reading:
(#30303) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 101, Sectional 1976 Zone Map,
City of Roanoke, by designating certain property within the City with
an H-l, Historic District Overlay.
(For full text of Ordinance, see Ordinance Book No. 52, page 146.)
The motion was seconded by Mr. Musser.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none, Ordi-
nance No. 30303 was adopted, on its first reading, by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Musser, White, Bowers
and Mayor Taylor .......... 6.
NAYS: None ........
(Council Member Harvey had not arrived at the meeting.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, November 12, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Woodmen of the
World that a portion of a tract of land located at 2306 Peters Creek
Road, N. W., identified as Official Tax No. 6160633, be rezoned from
RM-2, Residential Multi-Family, Medium Density District, to C-2,
General Commercial District, subject to certain conditions proferred by
the petitioner, the matter was before the body.
691
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
October 26, 1990, and Friday, November 2, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning is to bring the existing clubhouse into conformance
with current zoning regulations, and to permit construction of a
storage facility addition, was before Council.
The Planning Commission recommended that Council approve the
request for rezoning, advising that approval would place an existing
nonconforming building and use into a conforming zoning status and
would allow for construction of a storage facility addition; that pre-
servation of the rear portion of the property as residential in con-
junction with the proffered landscaping buffer area, as well as
preserving the substantial natural vegetation on the western portion of
the property, demonstrates the petitioner's awareness and sensitivity
to the neighborhood and a desire to continue to be a quality and har-
monious development in the area as set forth in the comprehensive plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#30304) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 616, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 52, page 146.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none, Ordi-
nance No. 30304 was adopted, on its first reading, by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Muss,r, White, Bowers
and Mayor Taylor ...... 6.
NAYS: None ...................................
(Council Member Harvey had not arrived at the meeting.)
692
ACTION:
CITY CODE-LEGISLATION-ZON]NG-PLANNING-ARCH[TECTURAL REVIEN BOARD:
Pursuant to motion adopted by the Council on Monday, October 8, 1990,
the City Clerk having advertised a public hearing for Monday,
November 12, 1990, at 7:30 p.m., or as soon thereafter as the matter
may be heard, to determine if the citizens of the City of Roanoke
desire Council to request the General Assembly of Virginia to make cer-
tain amendments to the Roanoke Charter of 1952, as amended, which
amendments are summarized as follows, the matter was before the body.
Amend and reenact §62, Zoning, to provide for
staggered three-year terms~o6- the members of the
Roanoke City Board of Zoning Appeals.
Amend by adding a new §62.1, Authority of City
Council to impose civil penalties for wrongful
~emolition of historic bu)ldings,'to authorize the
'imP'oSition 'of civi) penalties for the wrongful
demolition, razing or moving of structures subject
to the City's historic preservation zoning ordi-
nance.
Amend by adding a new subsection (5.1) to §62,
y, to authorize the establishment of design
districts and a design review process
applicable to exterior changes within view from
public rights-of-way, in order to protect developed
areas of the City which are characterized by uni-
queness of established neighborhood character,
architectural coherance and harmony, or vulnerabi-
lity to deterioration, and to authorize the imposi-
tion of a reasonable fee for the establishment and
continuance of said districts and review process.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Friday,
November 2, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
Fitzpatrick offered the following Resolution:
(#30305-111290) A RESOLUTION requesting the 1991 Session of the
General Assembly of Virginia to enact certain amendments to the Roanoke
Charter of 1952, as amended.
(For full text of Resolution, see Resolution Book No. 52, page 142.)
Fir. Fitzpatrick moved the adoption of Resolution No. 30305-111290.
The motion was seconded by Mr. White.
693
il
The Mayor inquired if there were persons present who would like to
address Council with regard to proposed City Charter amendments. There
being none, Resolution No. 30305-111290 was adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Musser, White, Bowers
and Mayor Taylor-- 6.
NAYS: None ....... O.
(Council Member Harvey had not arrived at the meeting.)
GRANTS-HOUSING-PLANNING: Pursuant to motion adopted by the
Council on Monday, October 22, 1990, the City Clerk having advertised a
public hearing for Monday, November 12, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, with regard to an amendment to
the Fiscal Year 1990-1991 Community Development Block Grant Budget and
Statement of Objectives to the United States Department of Housing and
Urban Development, the matter was before the body.
Advertisement of the public hearing was published in the
November 1, 1990, morning edition of the Roanoke Times & World-News,
and in the Roanoke Tribune on Thursday, November 1, 1§90.
(See publishers' affidavit on file in the City Clerk's Office.)
A report of the City Manager advising that Council approved the
CDBG Budget and Statement of Objectives for fiscal year 1990-1991 on
May 14, 1990, pursuant to Resolution No. 30041-51490; that Council
appropriated funds for the budget on June 25, 1990, pursuant to
Ordinance Ho. 30125-62590; that the Roanoke Redevelopment and Housing
Authority sold downtown property to the Norfolk Southern Corporation on
October 4, 199D, in the amount of $1,375,000.00, creating program
income to the CDBG grant; and in addition, the Housing Authority
escrowed $150,000.00 in land proceeds from previous sales, making a
total of $1,525,000.00, was before Council.
The City Manager further advised that the land sold to Norfolk
Southern had a surface parking easement to Crestar Bank which Crestar
Bank has agreed to release in exchange for a similar easement in a
parking structure to be constructed on property adjacent to Fire
Station No. 1; that an amended Urban Renewal Closeout Agreement, dated
September 1, 1981, between the City and the Department of Housing and
Urban Development requires that proceeds from the sale of urban renewal
land be used to provide parking in downtown Roanoke; that the Housing
Authority proposes to use proceeds from the sale of the land, along
with private financing, to construct a parking garage next to Fire
Station No. I in the 200 block of Church Avenue, S. E; that the pro-
posed garage will consist of approximately five levels of parking con-
taining approximately 409 parking spaces; and a minimum of 75 new jobs
are expected to be created in the immediate downtown area, 51 per cent
of which will be available to low and moderate income persons as a
result of the provision of public parking downtown.
694
ACTION:
The City Manager recommended that he be authorized to submit an
amendment to the U. S. Department of Housing and Urban Development of
fiscal year 1990-1991 CDBG Statement of Objectives to add a proposed
new Church Avenue parking garage project using $1,525,000.00 in CDBG
program income plus interest.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#30306-111290) A RESOLUTION amending the 1990-91 Community
Development Block Grant (CDBG) Statement of Objectives; and authorizing
the execution and filing with the United States Department of Housing
and Urban Development (HUD) of certain documents relating thereto.
(For full text of Resolution, see Resolution Book No. 52, page 144.)
Mr. Musser moved the adoption of Resolution No. 30306-111290. The
motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to
address Council with regard to the proposed amendment. There being
none, Resolution No. 30306-111290 was adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser, White, Bowers
and Mayor Taylor ...... .6.
NAYS: None .......
-0.
(Council Member Harvey had not arrived at the meeting.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; and a personnel matter,
being the appointment of a specific public officer.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (Al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
695
ACTION:
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser, White, Bowers
and Mayor Taylor .............. 6.
NAYS: None ....... O.
(Council Member Harvey had not arrived at the meeting.)
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss a personnel matter, being
the appointment of a specific public officer, pursuant to Section
2.1-344 (A) (1), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
)Irs. Bowles moved that Council concur in the request of the Vice-
Mayor to convene in Executive Session to discuss a personnel matter,
being the appointment of a specific public officer, pursuant to Section
2.1-344 (A) (1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser, White, Bowers
and Mayor Taylor ........... 6.
NAYS: None ...............
-0.
(Council Member Harvey had not arrived at the meeting.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SEGREGATION/INTEGRATION: Dr. Gary Waldo, Executive Director,
Roanoke Education Association, appeared before Council and advised that
he was present on behalf of the Roanoke Education Association, the
Roanoke Valley Ministers' Conference, and a number of other civic orga-
nizations that stand together as a Coalition for a Council Ordinance
Banning Discrimination In Large, Private Clubs. He stated that it has
been over 22 months since the organization initially appeared before
Council to request an ordinance banning such discrimination based on
race, gender, religion or national origin. He further stated that
since his appearance before Council, a number of important events have
occurred; viz: in January 1989, the Council requested that the City's
delegation to the General Assembly seek either a State law banning
discrimination in private clubs or, failing that, authority from the
General Assembly for the City of Roanoke to adopt such an ordinance at
696
the local level. Second, he explained that the 1989 Session of tile
General Assembly approved an amendment to the Roanoke City Charter
allowing passage of such an ordinance, efffective July 1, 1989, and the
City Attorney presented Council with a draft ordinance in September
1989 for its review. He stated that the Coalition was asked by City
Council, prior to the November 1989 State election, to hold its ordi-
nance request in abeyance so as not to fan racial and related preju-
dices in the gubernatorial campaign; that the Coalition was further
asked to delay seeking the ordinance until after the May 1990 City
Council election for similar reasons; and after reluctantly complying
with the two requests, the Coalition was told by a majority of City
Council Members that the long sought after ordinance would be enacted
no later than the end of September 1990. He commented that to this
point in time, no formal action has been taken on the ordinance;
however, it is recognized that Mr. Bowers has expressed his intention
to ask the City Attorney to produce a copy of the proposed ordinance
for consideration by Council within the next two weeks. He added that
any further delay on the matter would be unacceptable, inasmuch as it
is time for the ordinance to be enacted, advising that ending discrimi-
nation in the City of Roanoke in private clubs is not only symbolic,
but important for the life and vibrancy of the City. He pointed out
that there is no other City in the Commonwealth of Virginia which,
today, has adopted such an ordinance, therefore, the City of Roanoke
could stand tall and in a highly principled manner by being the first
locality in the Commonwealth to enact the measure.
The Reverend George K. Bowers, President, Roanoke Valley
Ministers' Conference, appeared before Council and advised that accom-
panying him at the podium was a member of the Jewish faith, a member of
the Roman Catholic faith, a member representing the black churches and
a member representing the Protestant churches, all standing together in
support of passage of the anti-discrimination ordinance in private
clubs.
Reverend Bowers stated that he could remember a time when a member
of the Jewish faith, or a member of a black church, or a Roman
Catholic, or a woman was not allowed to participate in the Ministers'
Conference. He added that that statement is no longer true, however,
it was not forced upon the Ministers' Conference, but instead, it was
considered to be a wonderful opportunity because they are a group of
individuals who enjoys fellowship and look forward to the time when
what they feel in their bodies will be felt by other groups throughout
the community. He commented that all people can be brothers and
sisters without being twins.
Also in attendance representing the Roanoke Valley Ministers'
Conference were:
The Reverend Martha (Marry) Woodward, a woman, a
Roman Catholic, and past President of the Roanoke
Valley Ministers' Conference.
The Reverend Herman L. Word, Pastor, Ebenezer
Baptist Church, a black minister.
697
ACTION:
The Reverend Jerome S. Fox, Rabbi, Beth Israel
Synagogue. Rabbi Fox advised that the Board of
Directors of Beth Israel Synagogue unanimously
adopted a measure urging that Council act with
favor on the anti-discrimination ordinance.
The Reverend Alvord M. Beardslee, a Protestant
minister, and past President of the Roanoke Valley
Ministers' Conference.
The Reverend Carl T. Tinsley, a black minister.
Reverend Tinsley advised that the question involves
a moral conviction. He stated that he would like
to see discrimination wiped out entirely from
Roanoke City, and in the comin9 weeks, he asked
that Council look favorably upon the ward system
for election of City Council Members which will
allow representation for persons from all areas of
Roanoke.
Mr. Bowers moved that Dr. Waldo's comments be received and filed,
and that the City Attorney be instructed to prepare a constitutionally
acceptable anti-discrimination ordinance involving private, for profit
City establishments for consideration by Council at its regular meeting
to be held on Monday, November 26, 1990, at 7:00 p.m., at the Highland
Park Elementary School. The motion was seconded by Mrs. Bowles and
adopted.
PETITIONS AND COMMUNICATIONS:
INTEGRATION-SEGREGATION-COUNCIL-ELECTIONS: A communication from
Council Member David A. Bowers advising that now is the time to act
positively on an anti-discrimination ordinance involving City
establishments; and on a study instituting a ward/modified ward system
for Roanoke City Council, was before the body.
He explained that a recent court action has invalidated the at-
large system of electing Council Members in the City of Norfolk,
Virginia; and that system is apparently similar to Roanoke's at-large
system, therefore, the "hand-writing is on the wall" and it is only a
matter of time until Roanoke will be scrutinized by the judiciary for
the same reason.
Mr. Bowers suggested that Council begin the legal and demographic
studies necessary to propose, approve and implement a ward or modified
ward system, beginning with the next Council election in the spring of
1992.
(For full text, see communication on file in the City Clerk's Office.)
m~
698
Following discussion, Mr. Bowers moved that the communication be
received and filed, and that the issue of a ward/modified ward system
be referred to the City Attorney for study, and report to Council with
regard to the legal aspects; that the matter be referred to City
Manager to provide demographic information and to advise Council as to
whether or not the City Administration has the capability of analyzing
demographics; and that Council authorize advertisement of a public
hearing to be held on Monday, January 14, 1991, at 7:30 p.m., or as
soon thereafter as the matter may be heard. The motion was seconded by
Mr. Musser and adopted.
Vice-Mayor Musser requested that the City Attorney provide infor-
mation with regard to the City of Norfolk law suit and Roanoke City's
position in relation thereto; to provide information with regard to
determining how the wards would be established; to advise as to whether
Council should delay action on the matter until the 1990 Census figures
are finalized; and to advise as to whether or not it would be proper
for the question to be voted upon in the form of a referendum by the
citizenry of the City of Roanoke.
Mr. H. Joel Kelley, 378 Elm Avenue, S. W., appeared before Council
and advised that the defeat of the consolidation issue is all the more
reason why the localities must start working together. He stated that
switching from the present at-large system to a ward system would be a
step forward because in a ward system, the wishes of all citizens would
be taken into consideration. He spoke against a modified ward system,
advising that under a ward system, there is better representation and
an opportunity is provided for people to run for office who otherwise
could not afford to do so in an at-large system. He also spoke in
favor of adoption of an anti-discrimination ordinance, however, he
would like for the recently appointed task force with regard to racial
understanding to play an active role. He spoke in favor of all future
Council appointed committees consisting of both governmental represen-
tatives as well as citizens, with all persons having an equal oppor-
tunity to vote, in order to work together for a better and brighter
future for the City of Roanoke.
Mr. Stephen Jones, 12 13th Street, S. W., appeared before Council
in support of a ward/modified ward system. He stated that it is an
issue of fairness, inclusion and a means of bringing about more par-
ticipation from the grass roots, neighborhood level of the various sec-
tions of the City.
TAXES: A communication from Ms. Theresa C. Epperson, President/
Director, Loan Administration, Trustbank Savings, requesting a waiver
or reduction of a late penalty assessed on real estate taxes for
Trustbank Savings for the first half installment for 1991, was before
Council.
m
699
ACTION:
It was advised that on October 12, 1990, the Company was notified
that tax payment, in the amount of $147,738.10, had been received late;
that the Assistant City Treasurer, indicated that the envelope was
postmarked with a date of October 10, 1990; and after an investigation,
it was found that the escrow representative had disbursed the tax funds
from the escrow accounts on September 21, 1990, but did not mail the
remittance check until after the due date.
(For full text, see co~nunication on file in the City Clerk's Office.)
Mr. Musser moved that the request of Trustbank Savings to waive or
reduce the assessed penalty or real estate taxes be denied. The motion
was seconded by Mr. White and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
GRANTS-HUMAN RESOURCES-YOUTH: The City Manager orally advised
that the General Assembly appropriated funds for certain demonstration
grants to be awarded to three localities in the Commonwealth of
Virginia in order to find alternatives to expensive institutionaliza-
tion for children, and called upon Mr. James D. Ritchie, Director of
Human Resources, to brief Council on the grant.
Mr. Ritchie advised that for a number of years he has felt a great
concern not only with regard to the rising cost of placing children in
institutions and treatment centers, but also with the growing problems
that children in the City of Roanoke seem to experience, problems that
the City does not have local resources to deal with, and therefor, it
has become necessary to institutionalize a number of children. He
stated that some children need institutionalization and some are placed
in institutions simply because the City does not have the proper faci-
lities to offer them. He further stated that the City of Roanoke was
notified last week that it has been awarded a grant, over a 20-month
period, of $4§0,000.0D from the Commonwealth of Virginia for the pur-
pose of establishing resources to prevent placement of children in
institutions. He explained that some of the institutions cost between
$4,000.00 and $5,000.00 per month per child, and added that not only is
the City eligible for the $450,000.00 grant, but the State has promised
to return to the City some of the State's share of the $4,000.00 to
$5,000.00 per month in order to continue developing the program. He
stated that funds are intended for service in Roanoke, whether it be
for special counseling or for special placement in foster homes; that
foster parents are currently paid $200.00 to $250.00 per month for food
and clothing, however, the grant will allow the City to pay foster
parents an additional $600.00 to $800.00 per month per child, depending
upon the circumstances and the treatment required by the child. He
stated that the grant was very competitive, that most localities in
Virginia applied; that City staff went to Richmond as a team and
testified before a panel and Roanoke was one of three localities to be
chosen. As more details are received, Mr. Ritchie advised that Council
would be requested to formally accept the grant.
700
ACTION:
At this point, 8:25 p.m., Mr. Harvey entered the meeting.
ITEMS RECOMMENDED FOR ACTION:
SPECIAL PERMITS-DOWNTOWN ROANOKE-CELEBRATIONS: The City Manager
submitted a written report advising that Downtown Roanoke, Inc., owns
the holiday decorations erected annually by City forces on City streets
during the holiday season; that "Roanoke - The Starlight City" will
again be the theme carried out by holiday decorations; and City
employees will be expected to assist with installation of holiday
decorations, particularly since they are primarily on City poles.
The City Manager recommended that Council authorize a revocable
permit to Downtown Roanoke, Inc., with appropriate insurance and indem-
nification, to display holiday decorations along the streets in the
downtown area from November 1, 1990, through January 15, 1991.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30307-111290) A RESOLUTION authorizing a revocable permit to
Downtown Roanoke, Inc., for the installation and maintenance of its
holiday decorations over and above City rights of way and upon certain
City light standards and other City facilities in the downtown area of
the City, from November 1, 1990, through January 15, 1991, upon certain
terms and conditions.
(For full text of Resolution, see Resolution Book No. 52, page 144.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30307-111290.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White,
Bowers and Mayor Taylor ..... 7.
NAYS: None- O.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
ACTION:
ACTION:
ACTION:
At 8:30 p.m., the Mayor declared the meeting in recess.
At 9:25 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council MembJrs Bowles, Fitzpatrick, Harvey, Musser, White,
Bowers and Mayor Taylor ........ -7.
NAYS: None .........
-0.
PENSIONS: Tile Mayor advised that there is a vacancy on the Board
of Trustees, City of Roanoke Pension Plan, created by the ineligibility
of Ms. Frances S. Boon to serve another term, and called for nomina-
tions to fill the vacancy.
Mrs. Bowles placed in nomination the name of Ms. Bernice F. Jones.
There being no further nominations, Ms. Jones was elected as a
member of the Board of Trustees, City of Roanoke Pension Plan, for a
term ending June 30, 1992, by the following vote:
FOR MS. JONES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ........ --7.
PLANNING: The Mayor advised that there are two vacancies on the
City Planning Co~nission created by the resignations of Ms. Susan S.
Goode and Mr. Michael M. Waldvogel for terms ending December 31, 1990,
and December 31, 1992, respectively, and called for nominations to fill
the vacancies.
Mr. Musser placed in nomination the name of Mr. John B. Ferguson.
Mr. White placed in nomination the name of Mr. Willard N. Claytor.
There being no further nominations, Mr. Ferguson was elected as a
member of the City Planning Commission to fill the unexpired term of
Ms. Susan S. Goode, resigned, ending December 31, 1990; and Mr. Claytor
was elected as a member of the City Planning Commission to fill the
unexpired term of Mr. Michael M. Waldvogel, resigned, ending
December 31, 1992, by the following vote:
FOR MESSRS. FERGUSON AND CLAYTOR: Council Members Bowles,
Fitzpatrick, Harvey, Musser, White, Bowers and Mayor Taylor .......... 7.
701
702
There being no further business, the Mayor declared the meeting
adjourned at 9:30 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
703
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 19, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 19, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., James G. Harvey,
II, Howard E. Musser, William White, Sr., David A. Bowers, Elizabeth T. Bowles
and Mayor Noel C. Taylor- 7.
ABSENT: None- ----0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
lhemeeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
CIVIC CENTER: Pursuant to notice of advertisement for bids for
Civic Center Auditorium interior renovations, said bids to be received
by the City Clerk until 1:30 p.m., on Monday, November 19, 1990, and to
be held, opened and read before the Council at 2:00 p.m., on that date,
or as soon thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
7O4
ACTION:
ALT. ALT. ALT. ALT.
BIDDER BASE BID NO. i NO. 2 NO. 3 NO. 4
Construction
Services of
Roanoke,
Inc.
$155,000.00 $ 97,000.00 $114,600.00 $84,600.00 $78,200.00
Acorn Construc-
tion, Ltd. 167,500.00
172,900.00
Building Spe-
cialists,
Inc.
Q. M. Tomlin-
son, Inc. 175,000.00
Dixie Contrac- tors, Inc. of
Virginia 175,000.00
Gardner-Smith,
Inc. 182,900.00
S. H. Sewell
and Company,
Inc. 184,000.00
99,900.00 117,900.00 87,100.00 87,500.00
113,545.00 134,000.00 99,000.00 97,500.00
97,000.00 114,000.00 85,000.00 79,000.00
95,000.00 115,000.00 87,500.00 73,000.00
(Deduct (Deduct
$10,000.00) $4,500.00)
98,016.00 115,723.00 85,458.00 NO BID
101,000.00 120,000.00 89,000.00 86,000.00
Williams
Painting
and Remodel-
ing, Inc. 221,630.00 101,666.00 120,034.00 88,669.00 81,921.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
ACTION: The Mayor appointed William White, Sr., Chairman, George C. Snead,
Jr., and Wi]liam F. Clark as members of the conmittee.
JUVENILE DETENTION HOME: Pursuant to notice of advertisement for
bids to replace seven (7) security doors, frames and hardware at the
Juvenile Detention Home, said bids to be received by the City Clerk
until 1:30 p.m., on Monday, November 19, 1990, and to be held, opened
and read before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and nn "C~;-;o:mmbd~lve
~?en~ r~gi~ any ~uestign,~ t~e Mav-- ~,,~ructed the City Clerk to
pr~ceea.wlcn ~n~ op~n~g, o~ *.c oldS; whereupon, the City Clerk opened
705
ACTION:
ACTION:
ACTION:
BIDDER
Construction Services of Roanoke,
Inc.
Security Detention Equipment,
Inc.
Detention Services, Inc.
BKM Contractors Corporation
Thomas C. Whitaker
Campbell Construction & Development
Co., Inc.
BASE BID TOTAL
$23,927.00
24,548.00
25,997.00
27,771.00
28,845.00
34,225.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
The Mayor appointed William White, Sr., Chairman, James D. Ritchie
and William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (Al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication 'on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the request of the
Mayor to convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (Al (1),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ....... --7.
NAYS: None .........
706
ACTION:
ANNUAL REPORTS-HOUSING: A communication from Council Member
David A. Bowers transmitting the 1989-1990 Annual Report of the City of
Roanoke Redevelopment and Housing Authority, was before Council.
(For full text, see communication and Annual Report on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the communication and Annual Report be
received and filed. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor .............. 7.
NAYS: None ....... O.
ELECTIONS: A communication from Ms. Sharon L. Carrington,
Registrar, transmitting an Abstract of Votes cast in the General and
Special elections held in the City of Roanoke on Tuesday, November 6,
1990, was before Council.
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
November 6, 1990 General Election, for:
MEMBER
UNITED STATES SENATE
Names of Candidates
Total Votes
Received
(In Figures)
John W. Warner
Nancy B. Spannaus
Susan Small
VicThomas
Frank S. Robertson
Kevin Broderick
Mark Yatrofsky
Jack Gorgon
Kent Willis
John Worley
M. Womack
Richard Kunkel
Oliver North
Gordon C. Kendall
John Warner
Bill Redpath
Robert McCleary
Mickey Mouse
uenera i w~ ~ ~ ~ a., ~ussun
Harold Hoback
Granger McFarlane
18,233
3,878
1
1
1
1
13
1
1
1
1
1
1
1
1
1
1
1
1
1
1
7O7
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
held on November 6, 1990, do hereby certify that the above is a true
and correct Abstract of Votes cast at said election for Member of the
Senate in the Congress of the United States.
Given under our hands this 8th day of November, 1990.
A copy teste:
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
November 6, 1990 General Election, for:
MEMBER
HOUSE OF REPRESENTATIVES
6th District
Names of Candidates
James R. "Jim" Olin
Gerald E. "Laser" Berg
Bern Ewert
Mary Sue Terry
Frank S. Robertson
J. C. Hawkins
J. C. Watkins
Ronal d Worley
Mal ford Trumbo
M. Womack
Charles Judd
Steve Haner
Lee Eddy
John Scott Stephens
Mickey Mouse
Cal dwell Butler
General William Rosson
H. T. Nase
Wo~,,: .".- ~ !°v
Dudley Emi c'k
Total Votes
Received
(In Figures)
20,026
2,971
1
1
1
1
1
1
1
1
1
1
2
1
2
1
1
1
1
'708
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
held on November 6, 1990, do hereby certify that the above is a true
and correct Abstract of Votes cast at said election for Member of the
House of Representatives in the Congress of the United States.
Given under our hands this 8th day of November, 1990.
A copy teste:
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
November 6, 1990 Special Election, for:
PROPOSED CONSTITUTIONAL AMENDMENTS
QUESTION 1: Shall the Constitution of Virginia be amended to authorize
lower tax rates on personal property belonging to persons sixty-five
and older, or permanently and totally disabled, in defined cases?
Total Votes
Received
(In Figures)
YES 18,949
NO 3,585
QUESTION 2: Shall the provision in the Constitution of Virginia per-
taining to the Literary Fund be amended so that proceeds from property
seized and forfeited to the Commonweal th for drug law violations can be
used to promote law enforcement?
Total Votes
Received
(In Figures)
YES 17,789
NO 3,969
QUESTION 3: Shall the Constitution of Virginia be amended to authorize
a new cat~.n~y nf local debt for transportation purposes which would be
by pl dg ............
secured e ed local tax reve~muu~, ~u~d~ .~ i.,,,,'-'~ ~,, ~,,~ ~,,,uu.~
of the debt, and exempt from county voter approval requirements and
municipal debt limits?
709
II
Total Votes
Received
(In Figures)
YES 7,386
NO 13,326
QUESTION 4: Shall the Constitution of Virginia be amended to authorize
a new category of state debt for transportation purposes which would be
secured by pledged tax revenues, subject to limits on the amount of the
~'debt~. and not require voter approval?
~,::,',',,," ~ .... :' Total Votes
Received
(In Figures)
YES 6,392
NO 14,179
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
held on November 6, 1990, do hereby certify that the above is a true
and correct Abstract of Votes cast at said election for and against the
proposed amendments to the Constitution of Virginia.
Given under our hands this 8th day of November, lggo.
A copy teste:
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board
''-ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
special election held on November 6, 1990, on the following question or
proposition:
PROPOSED CONSOLIDATION
QUESTION: Shall the County of Roanoke and the City of Roanoke
consolidate?
Total Votes
Received
(In Fiqures)
FOR (YES) 15,956
AGAINST (NO) 7,454
m
710
ACTION:
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
on November 6, 1990, do hereby certify that the above is a true and
correct Abstract of Votes cast at said election for and against the
question or proposition set forth above.
Given under our hands this 8th day of November, 1990.
A copy teste:
[SEAL]
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
S/Alton B. Prillaman, Secretary, Electoral Board"
(For full text, see communication and Abstract of Votes on file in the
City Clerk's Office.}
Mr. Fitzpatrick moved that the communication and Abstract of Votes
be received and filed. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ............ 7.
NAYS: None ....... O.
COMPLAINTS-SEWERS AND STORM DRAINS: A report of the City Manager
with regard to a complaint relating to stormwater runoff damage at 5127
Victoria Street, N. W., was before Council.
The City Manager advised that on September 20, 1988, Ms. Mathena
contacted the City Engineer's Office with regard to storm~ater runoff
from the street eroding her property; that she was notified that the
5000 and 5100 blocks of Victoria Street are on the City's curb and
gutter request list; that the City Engineer's Office issued a work
order to the Street Maintenance Department to install an asphalt berm
to help keep the flow of water from the street in the street right-of-
way and reduce erosion on her property; and the berm was installed in
October, 1988.
It was further advised that Ms. Mathena appeared before Council on
October 20, 1990, and requested relief from the stormwater runoff from
the street; that the 5000 and 5100 blocks of Victoria Street are still
on the City's pending list for curb and gutter improvements; that the
list of requests from citizens totals in excess of $7.7 million; and
personnel of the Engineering Department met with Ms. Mathena on
October 25, 1990, to assess th~ nrnhl~m ~n~ ~ ~- ~._...~ L..uL L~,: ur~-
-'--' ~v;,~iC b=,-m nas oeen damaged and*is no longer effective.
711
ACTION:
ACTION:x
It was explained that a work order has been issued to the Street
Maintenance Department to remove the old berm and built-up gravel and
to rework the shoulder area in the form of a swale four inches deep
with an asphalt berm formed along the side edge of the property; that
Ms. Mathena is in agreement; and the Street Maintenance Department
indicates that the work should be accomplished by the middle of
November, weather permitting.
{For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report be received and filed. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ......... 7.
NAYS: None--- .0.
SCHOOLS-YOUTH: A report of the City Manager with regard to a
request for funds by Mr. Melvin Garrett for a program to be known as
"Reach and Teach", was before Council.
The City Manager advised that at the regular meeting of Council on
Monday, September 24, 1990, Mr. Garrett presented a request for
funding, in the amount of $75,000.00, to support a program which he had
developed to provide services to youth; that Council referred the
matter to the City Manager for study and recommendation; and Mr.
James D. Ritchie, Director of Human Resources, met with Mr. Garrett on
several occasions to review his proposal in detail and indicated that
although Mr. Garrett's proposal is well intended, it needs considerable
work in terms of development of program strategy, as well as financing;
and additionally, Mr. Garrett's program, in order to be successful,
requires considerable coordination with the school system, as well as
other community based agencies, which relationships have not yet been
defined or consummated.
The City Manager advised that given the position the City
currently finds itself in relative to state and federal funding reduc-
tions, he could not recommend local funding for the program inasmuch as
the expenditure was not anticipated when Council adopted the City's
fiscal year 19g0-91 General Fund Budget.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report be received and filed. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White.
~uwmes and Mayor laymv, .............. -7.
NAYS: None ..........
-0.
7]2
ACTION:
ACTION:
ACTION:
TRAFFIC (ROANOKE TRANSPORTATION SAFETY COMMISSION): A report of
qualification of Mr. Robert K. Bengtson as a member of the City of
Roanoke Transportation Safety Commission for a term ending October 31,
1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor .......... 7.
NAYS: None .......... O.
ARCHITECTURAL REVIEW BOARD: A report of qualification of Mr.
Richard L. Jones as a member of the Architectural Review Board for a
term ending October 1, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ......... 7.
NAYS: None .......... --0.
BUILDINGS (BOARD OF ADJUSTMENTS AND APPEALS, BUILDING CODE): A
report of qualification of Mr. Harry F. Collins, Sr., as a member of
the Board of Adjustments and Appeals, Building Code, to fill the unex-
pired term of Mr. Paul V. Childress, Jr., resigned, ending
September 30, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ....... 7.
NAYS: None ............. n
FIRE DEPARTMENT (BOARD OF FIRE APPEALS): A report of qualifica-
tion of Mr. Harry F. Collins, Sr., as a member of the Board of Fire
Appeals for a term ending September 30, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
713
ACTION:
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ............. 7.
NAYS: None ..............
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
Grant No. 6425 -
$130.00 for the Title II-A
Training Program to provide
tuition for selected students to
attend the GED courses offered by
Roanoke City School s. The
Program has been prefunded by
Federal funds.
Grant No. 6586 -
$80O.O0 for the Juvenile
Detention Home Program to provide
funds for the salary and expenses
of two educational coordinators
at the Detention Home. The
Program is 100 per cent reim-
bursed by State funds.
Grant No. 6962 -
$13,873.00 for the Magnet School
Program for 1990-91 to provide
for operation of the Elementary
Magnet School Program. The
Program is 100 per cent reim-
bursed by Federal funds.
Grant No. 6970 -
$3,500.00 for the Environmental
Education Mini-Grant to provide
environmental education and
river/stream protection activi-
ties in the Middle School
100 per ce~ reimbursed by the
Virginia Environmental Endowment.
714
ACTION:
Grant No. 6971 -
$4,700.00 for the Hurt Park
Tutorial Program to provide for
an after school tutorial program
at Hurt Park Elementary School.
The Program is 100 per cent reim-
bursed by the Department of
Education and Central Fidelity
Banks, Inc.
The Board further recommended that $13,550.00 be appropriated from
the 1990-91 Capital Maintenance and Equipment Replacement Fund; and
to be used for replacement of the roof of the Administrative Building
at Patrick Henry High School and for related professional fees.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the grants are
funded with 100 per cent federal or state funding, and no local match
is required; and recommending that Council concur in the request of the
School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30308-111990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 147.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30308-111990.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ....... 7.
NAYS: None .................
'-0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOmmENDED FOR ACTION:
BUDGET-LIBRARY-CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT
PROGRAM-LAW LIBRARY: The City Manager submitted a written report
advising that the fiscal year 1991 budget for the Law Library, in the
amount of $145,048.00, was adopted by Council in May, 1990; and Section
18-30 (c) of the Code of the City of Roanoke (1979), as amended,
provides as follows:
715
"The assessments collected by the clerks of the courts under this sec-
tion shall be remitted to the City Treasurer, who shall hold such
assessments in a separate fund subject to disbursement for the main-
tenance of the Law Library."
It was further advised that $41,740.00 more was collected in
fiscal year 1990 than was appropriated or expended; and encumbrances in
the amount of $11,038.00 from fiscal year 199D were re-appropriated to
the Law Library budget, pursuant to Ordinance No. 30146-70990 adopted
on July 9, 1990, bringing the Law Library fiscal year 1991 budget to
$156,085.00.
The City Manager explained that estimated revenues are based on a
$4.00 filing fee collected for each case filed in the Circuit and
General District Courts times the number of court cases from previous
years; that revenue excess from the previous fiscal year is transferred
to operating accounts during the following fiscal year; that revenue
excess, in the amount of $30,704.00, from fiscal year 1990 should be
appropriated from the Capital Maintenance and Equipment Replacement
Program (CMERP) to the Law Library's fiscal year 1991 operating budget;
and the fiscal year 1991 adopted revenue estimates and appropriations
to the Law Library's operating budget should be increased by $11,000.00
to reflect the $1.00 increase in filing fee, effective October 1, 1989.
The City Manager recommended that Council concur in the following
actions:
Appropriate $30,704.00 from the CMERP to the
following accounts:
Publications
Furniture & Equip.
Other Equipment
Telephone
001-054-2150-2040
001-054-2150-9005
001-054-2150-9015
001-054-2150-2020
$22,604.00
3,000.00
5,000.00
100.00
Appropriate $11,000.00 to the following Law Library
Accounts:
Publications
Expendable Equip.
Administrative
Supplies 001-054-2150-2030 1,000.00
(For full text, see report un fii~ i,, L~,: C: ~ Ci:,k': OFfice.}
Mrs. Bowles offered the following emergency budget Ordinance:
001-054-2150-2040
001-054-2150-2035
$ 5,000.00
5,000.00
Increase fiscal year 1991 revenue estimate for Law
Library Fees in the General Fund, Account No.
001~020-1234-0819, by $11,000.00.
716
ACTION:
ACTION:
(#30309-111990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 148.)
Mrs. Bowles moved the adoption of Ordinance No. 30309-111990. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor- - ....... 7.
NAYS: None .......... ---0.
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Fifth
District Employment and Training Consortium (FDETC) was authorized
to operate a joint contract with the Roanoke City Department of Social
Services during fiscal year 1991; that the program will offer
assessment activities, career exploration, work experience, adult basic
education, General Education Development (GED) preparation, job place-
merit assistance and vocational training skills to 487 eligible Roanoke
City residents, for the period October 1, 1990, through June 30, 1991;
that the City of Roanoke is the grant recipient for Consortium funding;
and Council must appropriate the funding for all grants received by the
Consortium.
It was further advised that a financial contract, in the amount of
$167,900.40, between the Roanoke City Department of Social Services and
the Consortium, has been entered into for Employment Services, Job
Opportunities and Basic Skills activities for the period of October 1,
1990, through June 30, 1991; and the contract is funded with State
funds, in the amount of $167,900.40.
The City Manager recommended that Council appropriate the
Consortium's additional funding, in the amount of $167,900.40, and
increase the revenue estimate by $167,900.40 in accounts to be
established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30310-111990) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Consortium Fund Appropriations. and providing for
an emergency. '
~er fGll ~:^L ~ 2;-J';,,Q,~:, ~uu urulnance Book No. hZ, page i4G.~
Mr. Fitzpatrick moved the adoption of Ordinance No. 30310-111990.
The motion was seconded by Mr. Musser and adopted by the fo]lowing
vote:
717
Ii
ACTION:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ........... 7.
NAYS: None ..................................................... O.
GRANTS-DOWNTOWN ROANOKE-CITY ~RKET: The City Manager submitted a
written report advising that Council approved a short-term low-interest
Community Development Block Grant (CDBG) loan, in the amount of
$962,000.00, to Downtown Associates, pursuant to Ordinance No. 28850
adopted on November 2, 1987, for the Market Building; that the loan was
to promote the creation and retention of jobs in the City Market
Building; that when originally granted, the loan assured the retention
of 51 jobs; and currently there are 87 jobs provided within the Market
Building, with 21-23 more anticipated.
It was further advised that Council extended the original two-year
loan by one additional year, pursuant to Ordinance No. 29824, adopted
on November 13, 1989, said loan to be due on November 23, 1990; that
Downtown Associates has requested an extension of the loan to allow
more time for development of market leasing; that developers of two
other projects have requested CDBG short-term financing to assist their
projects; that the City's CDBG budget has the capacity to loan only
$1,000,000.00 on a short-term basis, therefore, all three loan requests
cannot be satisfied; that Downtown Associates is seeking the assistance
of a consultant to recommend improvements which will increase leased
space in the Market Building; and City staff is evaluating each of the
three proposals to make a recommendation to Council, however, addi-
tional time is needed.
The City Manager recommended that he be authorized to execute an
amendment to the agreement between the City of Roanoke, Downtown
Associates, and Dominion Bank N.A., extending to Downtown Associates a
loan, in the amount of $962,000.00 at three per cent interest per year,
for 60 additional days beyond the current due date of November 23,
1990, secured by note and an unconditional and irrevocable letter of
credit issued by Dominion Bank, with the closing of the loan extension
to occur no later than 5:00 p.m., on November 23, 1990.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#30311-111990) AN ORDINANCE authorizing execution of Amendment
No. 2 to Short Term CDBG Float Loan Agreement, as amended by Amendment
No. 1, with Downtown Associates and Dominion Bank, in order to provide
for the extension of the term of the loan, upon certain terms and con-
ditions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 150.)
Mr. Bowers moved the adoption of Ordinance No. 30311-111990. The
motion was seconded by Mr. Harvey and adopted by the following vote:
718
ACTION:
AYES: Council Members Harvey, blusser, White, Bowers and Bowles-5.
NAYS: None-- - ................. O.
(Mayor Taylor abstained from voting inasmuch as he serves on the Board
of Directors of Dominion Bank.)
(Council Member Fitzpatrick abstained from voting inasmuch as he is
employed by Dominion Bank.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of October, 1990.
(For full text, see financial report on file in the City Clerk's
Office.)
Mr. Harvey moved that the financial report be received and filed.
The motion was seconded by Mr. Bowers and unanimously adopted.
REPORTS OF COMMITTEES:
COMMONWEALTH OF VIRGINIA BUILDING: Council Member William White,
Sr., Chairman of a committee appointed by the Mayor to tabulate bids
received for painting the ground floor and first floor of the
Commonwealth Building, 210 West Church Avenue, submitted a written
report on behalf of the committee, advising that the City's lease with
the Commonwealth of Virginia for the building provides that the City of
Roanoke will be responsible for maintenance and repair of the facility
and the Commonwealth will reimburse the City yearly for the cost of the
service; that any major remodeling must be approved by the Commonwealth
before execution; and bids for the project were submitted to the
Commonwealth for approval, however, they do not wish to pursue the pro-
ject at this time.
The committee recommended that the City Manager be authorized to
reject all bids and to readvertise the project at such time as approval
has been received from the Commonwealth of Virginia.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following Resolution:
(#30312-111gqn~ ~ - ...........
...... vLu,~u, rejecting all bids for certain
painting work on the Commonwealth of Virginia Building.
(For full text of Resolution, see Resolution Book No. 52, page 151.)
719
ACTION:
ACTION:
Mr. White moved the adoption of Resolution No. 30312-111990. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor .... 7.
NAYS: None .....
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 30303-111990 rezoning a tract of land
located at 617 South Jefferson Street, identified as Official Tax No.
1013313, from C-3, Central Business District, to H-l, Historic District
Overlay, having previously been before the Council for its first
reading on Monday, November 12, 1990, read and adopted on its first
reading and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final adoption:
(#30303-111990) AN ORDINANCE to amend §36.1-3, Code of the City
of Roanoke (1979), as amended, and Sheet No. 101, Sectional 1976 Zone
Map, City of Roanoke, by designating certain property within the City
with an H-l, Historic District Overlay.
(For full text of Ordinance, see Ordinance Book No. 52, page 146.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30303-111990.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor .... 7.
NAYS: None-
ZONING: Ordinance No. 30304-111990 rezoning a portion of a tract
of land located at 2306 Peters Creek Road, N. W., identified as
Official Tax No. 6160633, from RM-2, Residential Multi-Family, Medium
Density District, to C-2, General Commercial District, subject to cer-
tain conditions proffered by the petitioner, having previously been
before the Council for its first reading on Monday, November 12, 1990,
read and adopted on its first reading and laid over, was again before
the body, Mrs. Bowles offering the following for its second reading and
final adoption:
(#30304-111990) AN ORDINANCE to amend §36.1-3, Code of the City
~f Roanoke (1979). as amend~d~ ~n~ ~h~ ~ 616. Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property witn'i,
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 52, page 146.)
720
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No. 30304-111990. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor- 7.
NAYS: None ........ ----0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
LEGISLATION: The Mayor advised that at the Council meeting on
Monday, October 22, 1990, he appointed Council Members David A, Bowers,
James G. Harvey, II, and William White, Sr., as members of the
Council's Legislative Committee; whereupon, he designated Mr. Bowers as
Chairman of the committee.
At 2:40 p.m., the Mayor declared the meeting in recess.
At 3:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Fitzpatrick, who left the meeting
during the Executive Session.
COUNCIL: Mr. Musser moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles and
Mayor Taylor ............ 6.
NAYS: None .......
O®
(Council Member Fitzpatrick was absent.)
YOUTH (YnllT. ecn"IC[S ~,~ .......... : I.u Hayur
......... ~.,,~,, u~u advised ChdL
there is a vacancy on the Youth Services Citizen Board created by the
resignation of Mr. Finn D. Pincus for a term ending May 31, 1991, and
called for nominations to fill the vacancy.
Mr. White placed in nomination the name of Mr. Robert L. Hopkins.
721
There being no further nominations, Mr. Hopkins was elected as a
member of the Youth Services Citizen Board to fill the unexpired term
of Mr. Finn D. Pincus, resigned, ending May 31 1991 by the following
vote: ' '
ACTION: FOR MR. ItOPKINS: Council Members Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ........... 6.
(Council Member Fitzpatrick was absent.)
CIVIC CENTER (ROANOKE CIVIC CENTER COMMISSION): The Mayor advised
that there is a vacancy on the Roanoke Civic Center Commission created
by the resignation of Mr. John W. Lambert, Jr., for a term ending
September 30, 1993, and called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Mr. Vernon M.
Danielsen.
There being no further nominations, Mr. Danielsen was elected as a
member of the Roanoke Civic Center Commission for a term ending
September 30, 1993, by the following vote:
ACTION: FOR MR. DANIELSEN: Council Members Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ....... 6.
(Council Member Fitzpatrick was absent.)
TRAFFIC (CITY OF ROANOKE TRANSPORTATION SAFETY COMMISSION): The
Mayor advised that there is a vacancy on the City of Roanoke
Transportation Safety Commission created by the resignation of Dr.
Lee S. Anthony for a term ending October 31, 1994, and called for nomi-
nations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Mr. Acree Hayes.
There being no further nominations, Mr. Hayes was elected as a
member of the City of Roanoke Transportation Safety Commission for a
term ending October 31, 1994, by the following vote:
ACTION: FOR MR. HAYES: Council Members Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ....... 6.
(Council Member Fitzpatrick was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 3:25 p.m.
erk
APPROVEU
722
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 26, 1990
7:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Auditorium of the Highland Park Elementary School, 1212 Fifth Street, S. W.,
City of Roanoke, on Monday, November 26, 1990, at 7:00 p.m., with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules
of Procedure, Code of the City of Roanoke (1979), as amended; and pursuant to
'R~solution No. 30223-82790, adopted by the Council on Monday, August 27, 1990.
PRESENT: Council Members James G. Harvey, II, Howard E. Musser,
William White, Sr., David A. Bowers, Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., and Mayor Noel C. Taylor ....... -7.
ABSENT: None ........ O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; 'Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend A. Roger Griffith,
Pastor, Word of Life Center.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
BUSES-CITY PROPERTY: Pursuant to notice of advertisement for bids
to remove and dispose of seven (7) underground petroleum product tanks
at the old Valley Metro Garage, Twelfth Street at Campbell Avenue, S.
E., said bids to be received by the City Clerk until 4:30 p.m., on
Monday, November 26, 1990, and to be held, opened and read before the
Council at 7:00 p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
M~L Enterprises
W. B. Goode Co., Inc.
Environmental Options, Inc.
E. C. Pace Co., Inc.
Alan T. Amos, Inc.
Alexander & Son Contractor, Inc.
Webster Environmental, Inc.
BASE BID TOTAL
$17,493o00
19,655.00
23,991.00
33,800.00
34,280.00
36,500.00
70,000.00
723
ACTION:
ACTION:
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
The Mayor appointed William White, Sr., Chairman, Kit B. Kiser and
William F. Clark as members of the con~nittee.
m
PUBLIC HEARINGS:
CITY CODE-INTEGRATION-SEGREGATION: Pursuant to Resolution No.
25523 adopted by the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday, November 26, 1990, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the
question of adoption of an ordinance to define places of public accom-
modation and to prohibit discrimination in such places on the basis of
race, color, national origin, creed, religion or sex, pursuant to
Section 2(31.1) of the 1952 Charter of the City of Roanoke, as amended,
the matter was before the body.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Friday,
November 23, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Attorney submitted a written report advising that at the
Council meeting on Monday, November 12, 1990, he was requested to pre-
pare a constitutionally acceptable ordinance prohibiting discrimination
in large clubs or organizations which are not distinctly private;
whereupon, he presented a measure to Council for its consideration.
As background information, Mr. Dibling explained that the 1989
Session of the General Assembly added a new subsection to the Roanoke
City Charter which authorizes Council to enact an ordinance, after
public hearing, to define places of public accommodation and to prohi-
bit discrimination in such places of public accommodation on the basis
of race, creed, color, national origin or sex. He explained that a
place of accommodation, subject to the ordinance, is defined as any
institution, club, organization or place of accommodation which meets
the following criteria:
(1) has more than 200 members;
(2) provides regular meal service; and
(3)
regularly accepts payment for dues, fees or
use of space, facilities, services, meals or
beverages, directly or indirectly, from or on
behalf of nonmembers for the furtherance of
trade or business.
7?4
The City Attorney pointed out that the ordinance will be enforced
by civil action, injunction and a criminal penalty in the form of a
fine not to exceed $500.00; that the proposed ordinance carries an
effective date of July 1, 1990, thus, any noncomplying place of accom-
modation will have a reasonable time period in which to voluntarily
bring its membership policies into compliance prior to the effective
date.
The City Attorney advised that he was not aware that any other
local government in the Commonwealth has adopted an anti-discrimination
ordinance similar to the ordinance before Council and, by adoption of
said ordinance, the City of Roanoke will assume a position of
leadership in the Commonwealth of Virginia in dealing with this impor-
tant societal issue.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#30313) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by adding a new Article I, Prohibition Against
Discrimination by Clubs or Organizations Which 'Are NRt Distinctly
Private, to Chapter 16, Housing; redesignating Chapter 16, Housing, as
Chapter 16, Human Rights~ and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 52, page 167A.)
ACTION:
The motion was seconded by Mrs. Bowles.
Mr. Samuel A. Garrison, Corresponding Secretary, Alliance of
Lesbian and Gay Organizations of Western Virginia, appeared before
Council and read a prepared statement advising that the Alliance
strongly supports, in principle, the enactment of the proposed ordi-
nance; however, as positive and groundbreaking as the proposed ordi-
nance is, it contains several flaws; viz: violation of the ordinance
creates only a Class 3 misdemeanor, with a maximum fine of $500.00 and
no jail sentence may be imposed on individuals responsible for viola-
tion; the effective date of the proposed law is more than seven months
away; and the proposed ordinance covers only clubs having more than 200
members which is a rather high membership threshold for a city of
Roanoke's size, and may be higher than is constitutionally required.
Mr. Garrison pointed out that the ordinance is flawed in another
very important way, but one in which Council is powerless under State
enabling legislation to correct at this time; viz: its protection is
not extended tn lmehimne =-~ ....... u~ ~+~^~1 ~'~-~ ~-~- ~. :~.2_~
established, at the request of the Mayor, a Task Force to assist him
"in conducting a comprehensive evaluation of co,unity relations issues
that threaten to stymie the social and economic growth of the City",
but did not take steps to assure that one or more openly gay or lesbian
7?5
members of the community were appointed to said Task Force, which indi-
cates that the City Manager must have been previously unaware of how
many thousands of [lay and lesbian citizens live and work and pay taxes
and vote in the City of Roanoke, and he must have been oblivious to how
many thousands of gays and lesbian taxpayers help to pay his salary,
which is a subtle form of homophobic oppression.
Mr. Garrison indicated that until now, tile lesbian and gay com-
munity of Roanoke, has, in a way, permitted its own oppression by
remaining largely invisible both as individuals and as a group due to
their prevailing closetedness; however, he asked that their rights not
be legislated in the future without considering their interests.
(For full text, see statement on file in the City Clerk's Office.)
Mr. William L. Proffitt, 3545 Greenland Avenue, N. W., appeared
before Council and advised that the question is not the color of one's
skin, but whether or not the people who operate the clubs and those who
choose to become members have the right to assemble and associate with
whomever they wish. He stated that government has already regulated
smoking, seat belts, abortion, etc., and asked what else is government
going to legislate. He requested that Council consider the rights of
all people before voting on the proposed anti-discrimination ordinance.
The Reverend George K. Bowers, President, Roanoke Ministers'
Conference, appeared before Council and spoke in support of the ordi-
nance presently before Council. He expressed concern about one par-
ticular aspect of the measure which calls for a July 1, 1991, effective
date, and advised that he did not understand why the ordinance could
not become effective on January 1, 1991. He stated that he could
remember a time when members of the black churches, or the Roman
Catholic churches, or the Jewish faith, or women were not welcome in
the Roanoke Ministers' Conference; however, when these people became
participants, it was not so much they who benefitted but the Ministers'
Conference because the Conference was depriving itself from associating
with a wonderful group of people. He added that the Ministers'
Conference has been immeasurably enriched since all of these groups
have been represented.
Ms. Susan Lowe, 650 Albemarle Avenue, S. E., appeared before
Council and advised that she was greatly distressed over the lapse of
time that it will take for the ordinance to become effective. She
state1 that the boundaries of holding on to the old to get on to the
new should be transcended. She further stated that the provision of
200 or more members allows the old to hang on to a loop hole in order
to continue discriminating. She explained that because she is a
female, of the Jewish faith, and a lesbian, she cannn~ h~lnnn +~ .... Cf
.... ,,uu~ in ques[lon. She stated that it saddened her t~ think in
this age of enlightenment and technology that attitudes are allowed to
perpetuate the way they are in Roanoke in the form of discriminatory
clubs.
726
Dr. Gary Waldo, 3087 Ordway Drive, N. W., appeared before Council
and advised that Council deserves to be praised for requestin9 the City
Attorney to draft an anti-discrimination ordinance relating to private
clubs. He stated that such an ordinance is long over due, and a large
segment of the population was speaking out against the discrimination
practiced by such groups as the Shenandoah Club, the Roanoke Country
Club and all other large private clubs. He further stated that Council
was about to pass an historic ordinance; and no city or county in the
Commonwealth of Virginia currently has such an ordinance which will
bring the City of Roanoke to the forefront of progressive and
enlightened change. He expressed concern relative to the perimeters of
the proposed ordinance, advising that it is absurd to postpone until
July 1, 1991, the effective date of an ordinance which has been under
discussion for almost two years and which Council went on record in
favor oF in January, 1989. He stated that by simple amendment, the
proposed ordinance could include an effective date of January 1, 1991.
He explained that there is no legal restriction in the City Charter, as
amended by the 1989 Session of the General Assembly, which would impose
only a Class 3 Misdemeanor when, in fact, violation of the ordinance
should be classified as a Class I misdemeanor and should carry a fine
of at least $1,000.00. He stated that a $1,000.00 fine would catch the
attention of those who discriminate much more quickly than a $500.00
fine. He noted that the Shenandoah Club and the Roanoke Country Club
cannot be sent to jail, however, criminal sanctions could be used
against the officers and boards of directors of said clubs. He com-
mented that discrimination is so heinous and so out of step with the
end of the twentieth century and the beginning of the twenty-first cen-
tury that it is time for people to be punished for organized discrimi-
nation.
With regard to the size of clubs which the City Attorney has
recommended to be 200 members, Dr. Waldo advised that it is felt that
according to the size of Roanoke, the threshold for a large private
club should be set at 100 members. He stated that the Shenandoah Club
would not have to lose too many members in order for it to easily fall
below the 200 member threshold, and therefore be outside the perimeters
of an ordinance which was intended to address discrimination by that
particular club. He explained that if the ordinance passes with the
200 member threshold, if the Shenandoah Club loses, in the next month
or two, approximately 26 members, it will no longer fall under the pro-
visions of said ordinance. He stated that it is essential that Council
set the number at a significantly lower level than 200, and suggested a
threshold number in range of 100 to 150 members.
Mr. H. Joel Kelly, 378 Elm Avenue, S. W., appeared before Council
and expressed concern over the attitude of people in Roanoke which led
to the recent defeat of the consolidation of Roanoke City and I)~=-^~c
...... J .... ~t-~t-~a- *_k~t he d!a_ r.;t bla,,,~ bouncil for the delay in
acting on the ordinance because it takes considerable time to complete
the necessary paperwork.
727
ACTION:
The City Attorney advised that his objective was to present an
ordinance to Council which is constitutional and will withstand all
challenges in the courts. He stated that in this case, Roanoke is for-
tunate to have a model that has withstood the ultimate constitutional
challenge which is that of the United States Supreme Court, advising
that on June 20, 1988, in the case of New York State Club Association
versus New York City, an ordinance very similar to the one which ~s
being recommended to Council was approved. He explained that the
closer Roanoke's ordinance adheres to the New York City model, the more
likely it is to be upheld on challenge. He added that Roanoke City
would be obviously safe if it used the number of 400 as a membership
threshold because that is the number that New York City used; that if
he had been extremely cautious, he would have recommended a threshold
number of 300 members, however, he recommended a threshold of 200. He
added that he felt comfortable with the membership threshold of 200 and
would feel very uncomfortable with anything less than 150 members. He
emphasized that if Council feels compelled to adjust the membership
threshold, he would urge that the number not be less than 150 members.
Mr. Bowers stated that the ordinance should become effective imme-
diately upon its passage; however, he was willing to compromise, and
moved that the ordinance be amended to provide for an effective date of
January 1, 1991. The motion was seconded by Mr. White.
Mr. Musser expressed concern about a January 1, 1991, effective
date, advising that the ordinance will be just as strong on July 1,
1991, as it is now because once the ordinance is enacted by Council,
owners of the clubs should have sufficient time to reach compliance.
He stated that he would not be in favor of a January 1, 1991, effective
date.
Following discussion of the matter, the motion to amend the ordi-
nance to provide for an effective date of January 1, 1991, was lost by
the following vote:
AYES: Council Member Bowers 1.
NAYS: Council Members Harvey, Musser, White, Bowles, Fitzpatrick
and Mayor Taylor ................................. 6.
Mr. White moved that the ordinance be amended to provide for an
effective date of March 31, 1991. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowles, Fitzpatrick
mn~ Mayor Taylor ..................................................... 6.
NAYS: Council Member Bowers 1.
Ordinance No. 30313, as aboveamended, was adopted by the following
vote:
728
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ......... 7.
NAYS: None ....... O.
Mr. Bowers advised that he was not in favor of the March 31, 1991,
effective date; however, he was in favor of compromise and Council
should act unanimously on a matter of such importance.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called attention to a
request for an Executive Session to discuss specific legal matters
requiring the provision of legal advice by counsel, being the terms and
provisions of a proposed agreement and lease with the Roanoke
Redevelopment and Housing Authority.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss specific lega) matters requiring the provision of
legal advice by counsel, being the terms and provisions of a proposed
agreement and lease with the Roanoke Redevelopment and Housing
Authority, pursuant to Section 2.1-344 (A) (7), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the request of the
City Manager to convene in Executive Session to discuss specific legal
matters requiring the provision of legal advice by counsel, being the
terms and provisions of a proposed agreement and lease with the Roanoke
Redevelopment and Housing Authority, pursuant to Section
2.1-344 (A) (7), Code of Virginia (1950), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ........ 7.
NAYS: None .......
COUNCIL: A report of the City Manager advising that at the
Council meeting on Monday, November 5, 1990, he was r~n,,~*~ ~n ~nn~
tn nn,mnc!! with rc~a;'d tO Lhe neea, trom an administr~ti~j' standpoint,
for Council to schedule a regular meeting during the week of
December 24, 1990, was before the body.
The City Manager further advised that after consultation with the
Directors, and they with their department managers, it was determined
that business requiring Council action could be scheduled prior to the
week of December 24 or during the first week in January, 1991.
729
The City Manager recommended that Council forego its regular
meeting scheduled for Tuesday, December 26, 1990, and request the City
Attorney to prepare the appropriate measure for adoption by Council at
the next regular meeting on Monday, December 10, 1990.
{For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Fitzpatrick moved that Council concur in the recommendation
and that the matter be referred to the City Attorney for preparation of
the proper measure. The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ..... 7.
NAYS: None ......................
TRAFFIC (CITY OF ROANOKE TRANSPORTATION SAFETY COMMISSION): A
report of qualification of Mr. Chauncey L. Logan as a member of the
City of Roanoke Transportation Safety Commission for a term ending
October 31, 1994, was before Council.
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ....... 7.
NAYS: None ....... O.
PLANNING (CITY PLANNING COMMISSION): A report of qualification of
Mr. Willard N. Claytor as a member of the City Planning Commission to
fill the unexpired term of Mr. Michael M. Waldvogel, resigned, ending
December 31, 1992, was before Council.
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ....... 7.
730
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BINGO AND RAFFLE PERMITS: Ms. Anita C. Cruff, 1913 Willow Street,
Salem, Virginia, appeared before Council and presented petitions signed
by approximately 410 persons with regard to recently enacted Ordinance
No. 30066-52990 pertaining to bingo and raffle games in the City of
Roanoke. She stated that certain new regulations will force non-profit
organizations to go out of business, and called attention to the new
one and one-half per cent audit fee imposed by the City on gross
receipts, as well as the application fee, which will cut a club's pro-
fits by as much as one-third; and seems to be discriminatory because
only clubs located in Roanoke City are required to pay the audit fee.
(Ordinance No. 30111-61890 provides that the audit fee shall be calcu-
lated on an annual basis and shall equal one and one-half per cent of
the first $150,000.00 and two per cent of any amount in excess of
$150,000.00 of the total of the gross receipts which an organization
reports.)
Ms. Cruff referred to pages upon pages of paperwork required by
the City to be completed, as well as difficulty in completing forms,
advising that many bingo workers are volunteers who work regular jobs
during the day and it is next to impossible for them to donate an addi-
tional hour or more at night to complete the required form. She
advised that bingo players feel that the City is discriminating against
them because new regulations take one and one-half per cent from their
"winner take all" profits. She stated that bingo operators object to
the new rules and regulations because clubs will be forced to resign;
that any bingo that does survive the new regulations will enjoy a mono-
poly and since there will be no competition, operators will be allowed
to charge whatever they choose; that bingo players will no longer have
freedom of choice as to where they play and many non-profit organiza-
tions will have to revert back to selling candy bars and other similar
projects in order to raise money.
Ms. Cruff requested that the City seek out other methods in order
to raise the one and one-half per cent audit fee such as allowing
operators to charge a one dollar admissions fee per person which would
be paid to the City.
Ms. Patricia A. Wisher, P. O. Box 5065, Roanoke, appeared before
Council and complained about the one and one-half per cent audit fee
imposed by the City. She inquired as to why the City cannot hold its
training sessions in the evening hours so that volunteers will not have
to lose a day's pay from their regular jobs. She asked why inquiries
questions in writing fj~ response at a later time. She inquired as to
why it takes 60 days for a bingo application to be processed. She
spoke in favor of a $1.00 per person admissions fee which would be paid
to the City in lieu of the one and one-half per cent audit fee.
Ms. Dorothy Kasey, 3010 Willow Road, N. W., appeared before
Council and advised that she was speaking on behalf of the elderly
citizens of Roanoke, many of whom consider bingo to be a very important
part of the lives.
731
ACTION:
Ms. Brenda Duncan, 823 Clearwater Avenue, N. W., appeared before
Council and advised that after reviewing documents presented to her by
City representatives which were also presented to bingo operators, she
could find no provision in which a a reputable non-profit organization
should have difficulty adhering to, or any form that would be to dif-
ficult for any organization to complete. She stated that the problem
surfaces when bingo operators rent buildings, install expensive bingo
equipment, supply bingo paper and instant bingo and then persuade the
presidents of non-profit organizations to apply to the City for a per-
mit enabling them to operate bingo out of their building. She further
stated that this allows bingo operators to charge exorbitant amounts
for rent and supplies, turn over whatever amount they choose to the
non-profit organizations and keep the "lion's share" for themselves.
She pointed out that under the City's new rules and regulations, presi-
dents of the organizations must now not only apply for a permit, but
they must also swear under penalty of a felony that all profits from
bingo under the name of their clubs are being used for non-profit pur-
poses and they cannot, in good conscience do so, and therein lies the
problem. She stated that evil prevails when good men do nothing, and
urged that Council and the Director of Finance leave the rules and
regulations pertaining to bingo intact which will require the clubs to
adhere to certain restrictions. She pointed out that when all is said
and done, if there are only two or three bingo parlors left in the City
of Roanoke that can meet the City's criteria, then so be it.
Mr. Musser moved that the matter be referred to the City Manger,
City Attorney and Director of Finance for study, report and recommen-
dation to Council. The motion was seconded by Mr. Bowers and adopted,
Council Member Harvey was out of the Council Chamber.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
LIBRARY: Ms. Beverly Bury, City Librarian, appeared before
Council and advised that library automation is progressing rapidly;
that equipment and software was installed in August and September; and
110 terminals will be available to serve citizens and staff of Roanoke
City, Roanoke County and Salem Public Libraries on the system ini-
tially. She stated that wiring has been completed in the City and the
County, and wiring in Salem will be completed when renovation and
expansion of Salem's library is completed. She further stated that
staff of all three library systems are workinn
~IC~ ~:, ~il ~=L Lhe perlme~ers within whic~ t~e ~m'~e~
and they have endeavored to be as consistent as possible when insti-
tuting policies and procedures that will impact service to the public.
She explained that staff is in the process of applying bar code labels
732
ACTION:
ACTION:
ACTION:
ACTION:
for each item owned by the library, and it is estimated that it will
take approximately three months to complete the bar coding and an addi-
tional six to nine months for clean up of problems. She advised that
cataloging will commence in December and it is hoped that sometime in
February or March of 1991, the system will be in full operation for
circulating materials.
Ms. Bury presented each member of Council with a package of infor-
mation in recognition of Council's support and ongoing interest in the
library system which included bookmarks, a sample of the registration
form for library card bar coding, and a library t-shirt.
ITEMS RECOMMENDED FOR ACTION:
CITY CODE-SCHOOLS-LIBRARY: The City Manager submitted a written
report advising that Section 18-13, of the Code of the City of Roanoke
(1979), as amended, provides that one of the members of the Library
Board "shall be the Superintendent of Public Schools;" that the
Coordinator of Media Services for the Roanoke City Schools has
attended Library Board meetings as a designee of the Superintendent of
Schools for the past several years; that the Superintendent of Schools
has requested that his designee be allowed to serve on the Library
Board; and the Board would like to honor the Superintendent's request
and instructed the City Librarian to communicate the Library Board's
wishes to Council through the City Manager.
The City Manager recommended that Council amend the City Code to
provide that the Superintendent of Schools or his designee, shall serve
on the Library Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#30314-112690) AN ORDINANCE amending and reordaining subsection
(a) of §18-13, Created; composition; appointment and terms of members,
Code of the City of Roanoke (1979), as amended, in order to permit the
designee of the superintendent of public schools to serve on the
Library Board, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 151.)
Mr. Musser moved the adoption of Ordinance No. 30314-112690. The
motion was seconded by Mr. Harvey.
Mr. Bowers moved that the Ordinance be amended to provide that the
........ fFo~ ~L_ , .... '-- ~-' S~h~ol~ ~ k~ ~i~nated by the
School Board instead of the Superintendent of Schools.
There being no second, the Mayor declared the motion lost.
Mr. Bowers withdrew the motion for amendment.
Ordinance No. 30314-112690 was adopted by the following vote:
733
ACTION:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ............ 7.
NAYS: None .......... O.
SPECIAL PERMITS: The City Manager submitted a written report
advising that Council annually grants permit requests for the installa-
tion of holiday decorations on City-owned light standards and other
facilities, including trees located in the downtown business district;
and Crestar Bank has requested permission to install and decorate a
live tree in the fountain area of Crestar Plaza from November 26, 1990,
through January 15, 1991.
The City Manager recommended that Council grant a revocable permit
to Crestar Bank to install and decorate a live tree in the fountain
area of Crestar Plaza from November 26, 1990, through January 15, 1991.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#30315-112690) A RESOLUTION authorizing a revocable permit to
Crestar Bank for the installation and decoration of a live tree in the
fountain area of Crestar Plaza from November 26, 1990, through
January 15, 1991.
(For full text of Resolution, see Resolution Book No. 52, page 152.)
Mr. Harvey moved the adoption of Resolution No. 30315-112690. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor .............................................. 7.
NAYS: None ...........................................
O®
SPECIAL PERMITS: The City Manager submitted a written report
advising that Council annually grants permit requests for the installa-
tion of holiday decorations on City property such as light standards
and other facilities located in the downtown business district; and
Old Southwest, Inc., has requested permission to install and decorate a
tree in Argonne Circle at the intersection of King George Avenue and
4th Street, S. W., from December 1, 1990, through January 5, 199I.
The City Manager recommended that Council grant a revocable permit
to Old Southwest, Inc., to install and decorate a tree in Argonne
~lrcle frum Decu,~ur i, lygU, through January 5, l~l.
(For full text, see report on file in the City Clerk's Office.)
734
ACTION:
Mr. Fitzpatrick offered the following Resolution:
(#30316-112690) A RESOLUTION authorizing a revocable permit to
Old Southwest, Inc., for the installation and decoration of a tree in
Argonne Circle at the intersection of King George Avenue and 4th
Street, S. W., from December 1, 1990, through January 5 1991 upon
certain terms and conditions. ' '
(For full text of Resolution, see Resolution Book No. 52, page 153.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30316-112690.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ......... 7.
NAYS: None ........... -0.
APPALACHIAN POWER COMPANY: The City Manager submitted a written
report advising that the current electrical service contract between
the City and Appalachian Power Company (APCO) has an effective date of
July 1, 1987, an initial term of 36 months, and provides that the
contract may be extended on a year-to-year basis at rates to be
mutually agreed upon by all parties, which rates are broken down, as
follows:
Customer charges
Schools
Water and sewage related
General government (airport, parks, libraries,
landfill, etc.)
Street lighting
It was further advised that the offered rate reduction by APCO
amounting to 2.6 per cent, effective July 1, 1990, plus an additional
2.1 per cent, effective July 1, 1991, plus one per cent reduction in
street lighting rates has been reviewed; that a negotiation fee
assessment payment, in the amount of $23,420.00, was authorized by
Council on June 18, 1990, to participate in rate negotiations with
other jurisdictions in the APCO service area, through the Virginia
Municipal League (VML) and the Virginia Association of Counties (VACO);
and Council is represented on the negotiation steering con~ittee by
Wilburn C. Dibling, Jr., Kit B. Kiser and William M. Mullins.
It was explained that Ms. Sarah Hopkins Finley, Attorney and
Steven w. R,,har~ o~+~ r ..... ,
- --- .............. ,.~, rspresente~ ,h~ ¥~L a,~d VACG,
respectively, in the actual negotiations; and negotiations have been
completed and are outlined, as follows:
735
ACTION:
Three year rate reduction, effective July 1, 1990,
of approximately 8.5 per cent in the categories of
la) customer charge, {b) schools, lc) water and
sewer related and {d) general government.
An approximate 3.8 per cent reduction in street
lighting rates for the three year period, effective
July 1, 1990. Note that since street lighting
rates are somewhat different in each locality, the
City's rate reduction may be slightly different
(probably greater) than the overall general cate-
gory.
The City Manager recommended that he be authorized to accept the
proposed reduced rates on behalf of the City with the form of contract,
contract amendment or other documentation to be approved by the City
Attorney; and authorize the Director of Finance to pay service charges
when properly billed.
{For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#30317-112690) A RESOLUTION authorizing the appropriate City
officials to enter into the appropriate contractual agreements with
Appalachian Power Company providing for reduced electrical rate and
street lighting contract rates effective retroactively to July 1, 1990,
upon certain conditions.
(For full text of Resolution, see Resolution Book No. 52, page 154.)
Mr. Harvey moved the adoption of Resolution No. 30317-112690.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ....... .-7.
NAYS: None .......
Om
BUDGET-SALE/PURCHASE OF PROPRERTY-FLOOD REDUCTION/CONTROL: The
City Manager submitted a written report advising that land acquisition
cost estimate for the Roanoke River Flood Reduction Project is
$10,042,000.00; that actual cost will hopefully be less than one half
of the amount due to donations by landowners and the fact that the City
already owns some land along the river; and account balanc~ fn~ land
acquisition for the project is $1,265,b/4.UU.
736
ACTION:
It was further advised that future funding for land acquisition
and the City's share of recreation, utility relocations, bridge reloca-
tions and channel widening is projected to be obtained predominately
from the utility tax adjustment which became effective on March 1,
1990, to include a $7,500,000.00 bond issue to be supported by said tax
revenue; that revenue available for appropriation as of June 30, 1990,
from the utility tax adjustment is in the amount of $438,750.00; and
available revenue needs to be appropriated to the project account for
anticipated future expenditures for land acquisition.
The City Manager recommended that Council authorize the following
actions:
Appropriate funds, in the amount of $438,750.00, of
utility tax revenue collected for the year ending
June 30, 1990, to Transfer to the Capital Project
Fund, Account No. 001-004-9310-9508.
Appropriae funds, in the amount of $438,750.00, in
the Capital Projects Fund to Roanoke Flood
Reduction -Land Acquisition, Account No. 008-056-
9619-9003.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30318-112690) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Capital Funds Appropriations, and pro-
viding for an emergency,
(For full text of Ordinance, see Ordinance Book No. 52, page 155.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30318-112690.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ......... 7.
NAYS: None ....... -0.
CIVIC CENTER: The City Manager submitted a written report
advising that the contractor for repair of structural fire damage to
the Civic Center Auditorium is Construction Services of Roanoke, Inc.;
that the construction contract amm~nt is $92.850.00. with 80 con-
secutive calendar days construction time; and during the pre-
construction conference, certain items were found that either need to
be added or deducted from the scope of work as delineated in contract
documents, totaling $5,544.00.
737
ACTION:
ACTZON:
The City Manager recommended that he be authorized to issue Change
Order No. 1 to the contract with Construction Services of Roanoke,
Inc., in the amount of $5,544.00, with no additional construction time,
for a total contract amount of $98,394.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency Ordinance:
(#30319-112690) AN ORDINANCE approving the City Manager's
issuance of Change Order No. 1 to the City's contract with Construction
Services of Roanoke, Incorporated, for repair of structural fire damage
at the Civic Center Auditorium; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No, 52, page 155.)
Mr. White moved the adoption of Ordinance No. 30319-112690. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor .... .7.
NAYS: None ..... O.
SNOW REMOVAL: The City Manager submitted a written report con-
curring in a report of a bid committee with regard to bids for deicing
salt.
The bid committee recommended that Council accept the bid of
Cargill Inc., to furnish and deliver 1,000 tons, more or less, of
deicing salt, for a total cost of $44,400.00; and reject all other bids
received by the City.
(For full text, see reports on file in the City Clerk's Office
Mr. Bowers offered the following Resolution:
(#30320-112690) A RESOLUTION accepting the bid of Cargill, Inc.,
made to the City for furnishing and delivering 1,00D tons, more or
less, of deicing salt; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No, 52, page 156.)
Mr. Bowers moved the adoption of Resolution No. 30320-112690.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Fltzpa~-ick, Harvey, ~u~ar, Wh(te: Rowers.
Bowles and Mayor Taylor ............... 7.
NAYS: None ...... O.
.m
738
BUDGET: The City Manager submitted a written report advising that
due to a downturn in economic conditions, the Commonwealth of Virginia
is predicting a deficit in its biennial budget beginning with fiscal
year 1990-91 of approximately $1.6 billion; that initially, the deficit
was estimated to be $249.7 million and corresponding cuts were made to
the State's budget prior to July 1 of this year; that news of greater
financial troubles and an additional deficit of $1.35 billion is pre-
dicted; and, in an effort to balance the Commonwealth's budget, measures
have been identified to defer State spending over the biennium; viz:
Budget
Adjustments
($ millions)
State Agency Reductions
Reductions in Aid to Localities
Increase in VRS Investment Yield
Reductions in Compensation to
State Employees
Landmarks and Other Organizations
$ 981.6
286.8
198.8
126.1
5.9
Total
$1,599.6
Savings Required by Appropriations
Act (First Round of Budget Adjust-
ments, Prior to July 1)
$ (249.7)
Additional Budgetary Adjustments
Required (Second Round of Budget
Adjustments)
$1,349.5
It was further advised that only $286.8 million of the total
budget adjustment is to come from Aid to Localities, which is good news
because 47.5 per cent of the State's general fund consists of Aid to
Localities, and only 17.9 per cent of adjustments being considered in
the State budget affect Aid to Localities; that a detailed listing of
the $286.8 million in budget adjustments in Aid to Localities is
attached to the report, which summary includes adjustments that are as
yet "undesignated", and means that either the State has no firm plan on
how to allocate the adjustments to individual localities, or the
adjustments are related to cost savings as they materialize, with
reductions to be allocated at the time cost savings are realized.
The City Manager noted that unless there is a more severe downturn
.............. . ~,~ SLoLu $ T1Tianclal situation worsens, or unless
the State changes the figures, the City knows fairly accurately the
impact of the State's planned budgetary adjustments on the City
Administration for fiscal year 1990-91; however, and on the other hand,
the State aid picture for fiscal year 1991-92 is not only more gloomy,
but more clouded as well because the State has not yet fully defined
how the planned budget adjustmens will affect individual localities.
739
It was explained that the Summary of Revenue Reductions to the
City of Roanoke highlights the impact of the adjustments in Aid to
Localities on the City Administration, which figures are for the
current fiscal year; that loss of revenue due to State budget adjust-
ments is estimated to be $1,004,761.00 for fiscal year 1990-91; that no
adjustments are included for reductions in Education; that the School
Administration's estimate of the net impact on State Aid received is a
reduction in revenues of $300,000.00 and they are taking steps to
address the shortfall; and measures taken by the School Administration
will include reserving excess funds not required for health insurance
premiums because of improved claims experience, freezing some vacant
positions, deferring equipment replacement and facility repairs, elimi-
nating overtime except in cases of emergency, consolidating food pre-
paration for schools and charging all organizations for the use of
school facilities.
Mr. Herbert explained that the State's budget situation has
created financial difficulties for the City of Roanoke, which is a
problem that cannot be ignored; and the following plan of action is
being recommended to address the revenue shortfall:
Adjustments to Local Revenue Sources totaling
$195,000.00: The adjusted budget for the
local revenue sources is based on actual
collections for fiscal year 1989-90 and the
year-to-date collections for the current
fiscal year. Local revenue sources modified
include:
Increase/(Decrease)
Public Service Corporations:
Assessments on Public Service
Corporations rendered by the
State - Assessments are
approximately five per cent
higher than originally
expected.
$160,000.00
Penalties and Interest:
Fiscal 'year 1990 actual
collections were higher
than estimated. Also with
the current economic
situation, delinquencies
tend to rise.
40,000.00
740
Ce
Utilitj~ Consumer Tax:
The" first fou~ months' actual
collections for the current
fiscal year indicates that
this revenue source will exceed
the current estimate. This source
of revenue has been difficult
to estimate due to rate
increase (2%) and the increase
in caps. 290,000.00
Business & Occupational License:
Actual collections for fiscal
year lggO indicate that this
source will yield a small increase
over the current estimate. 100,000.00
E. Transient Room Tax:
(130,000.00)
Prepared Foods & Beverage Tax:
The closing of Hotel Roanoke
was not factored into the
fiscal year 1991 revenue
estimate and has had a greater
impact than originally estimated.
Also the declining economy and
high fuel costs will affect
both of these categories. (300,000.00)
Ge
Interest on Investments:
Investment market interest
rates have continued to
decline and year-end fund
balance was significantly
lower than in previous
years, thus affecting this
category.
(65,000.00)
iCitJ/ Homo Medicaid Payments:
The year-end cost report
completed during the month
of September 1990 indicates
a per-diem rate increase for
medicaid patients at the City
Nursing Home.
100,000.00
Tnt~l ~" ............ AdjU~tF,~r,t~
It was pointed out that an electrical rate reduction has been
negotiated with APCO and results in an 8.5 per cent reduction in
general usage and a 3.8% reduction in street lighting, retroactive to
July 1, 1990; that the impact of the rate reductions is a cost savings,
741
m
in the amount of $147,365.00; that the Jail Recovered Costs account was
increased since projected reimbursements for Federal prisoners housed
in the City Jail are expected to be higher than the amount originally
budgeted; and Personnel Lapse was budgeted in the amount of
$550,000.00, which change will increase the City's lapse commitment to
$597,453.00, necessitating further slowdowns in the hiring process for
positions not critical to citizen health, safety and welfare.
The City Manager advised that because of the State's increase in
its investment yield for the Virginia Retirement System, local govern-
ment contribution rates for participation by employees in the Virginia
Retirement System and its life insurance program have been reduced;
that on October 1, 1990, all Managers were asked to submit reductions
totaling 1.5% of their departmental budgets, which was based on the
fact that expected State revenue reductions were equivalent to slightly
less than 1.5% of the City Administration's portion of the General Fund
budget; that budget reduction packages were reviewed by the Directors
and forwarded to the Office of Management and Budget; and based on
recommendations of the Directors, reductions were categorized as
follows:
Tier I - Reductions Resulting in Minimal Service Impacts
Tier II - Reductions Resulting in Moderate Service Impacts
Tier III - Reductions Resulting in One-T(me Savings
Tier IV - Reductions Resulting in Critical Service Impacts
The reductions categorized Tier I and totaling
$352,729.00 have been recommended for reduction in
order to balance the City's budget. These are cuts
which are deemed to have the least impact on
existing service levels based on department manager
recommendations. (These reductions are offset by
$7,824.00 in decreased revenue, due to the State's
partial funding of some expenditures.) The depart-
mental budget reductions are, in most cases, less
than the 1.5% reduction requested.
It was noted that revenue and expenditure adjustments recommended
to balance the City's budget total $1,004,761.00, and are equal to the
loss of revenue due to State budget reductions.
The City Manager recommended that Council concur in a recommen-
dation to adjust the City's budget due to State revenue reductions; and
take the following additional actions to prepare for a worst-case
scenario:
Freezing the contingency reserve account at a
$250,UUU.UU minimum balance ~o allow for increased
cost of motor fuels and heating oil.
742
ACTION:
Slowing down the hiring process and identifying
employee positions that can be frozen pending the
provision of more detailed information by the State
on revenues for fiscal year 1991-92.
Deferring non-critical operating expenditures that
will result in minimal service impacts.
Deferring non-critical capital expenditures. A
report on the recommended Capital Maintenance and
Equipment Replacement Program will be presented to
Council on December 10.
Provision of budget preparation instructions to
department managers requesting reduced funding and
service level reductions alternatives for fiscal
year 1991-92.
Surveying of citizens regarding the current levels
of services provided to determine their priorities
concerning service level reductions which could be
implemented if the financial situation demands it.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30321-112690) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Internal Service Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 157.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30321-112690.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ...................... 7.
NAYS: None .................. O.
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a writ-
ten report recon~nending the following adjustments in salary budgets
with regard to fiscal year l~u-~j flrs~ qu~,-teF ~cF::2nel lapse:
743
ACTION:
"GENERAL FUND:
Total Budgeted Personnel Lapse
Recommended First Quarter
Expenditure Reduction
Recommended Revenue Adjust-
ment
Net First Quarter Personnel
Lapse Reduction
($550,000.00)
$284,534.00
(77,697.00)
206,837.00
Budgeted Personnel Lapse Balance
Remaining
INTERNAL SERVICE FUND:
($343,163.00)*
Total Budgeted Personnel Lapse
Net First Quarter Personnel
Lapse Reduction
($100,000.00)
70,888.00
Budgeted Personnel Lapse Balance
Remaining
($ 29,112.00)
*A ($47,453.00) increase in the budgeted amount of
General Fund Personnel Lapse is recommended for
City Council consideration as part of the fiscal
year 1990-91 budget reductions report also pre-
sented today. Approval of this recommendation
would increase the budgeted personnel lapse balance
remaining to ($390,616.00)."
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30321-112690) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Internal Service Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 157.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30321-112690.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ........... 7.
NAYS: None ............. O.
At 10:00 p.m., the Mayor declared the meeting in recess.
At 10:10 p.m., the meeting reconvened in the Auditorium of
Highland Park Elementary School, with Mayor Taylor presiding, and all
Members of the Council in attendance.
744
ACTION:
ACTION:
REPORTS OF COblMITTEES:
BUDGET-CIVIC CENTER: Mr. William White, Sr., Chairman of a com-
mittee appointed by the Mayor to tabulate bids received for construc-
tion of interior renovations to the Roanoke Civic Center Auditorium,
presented a written report on behalf of the committee recon~ending that
Council authorize the City Manager to enter into a contractual
agreement, subject to approval by the City Attorney, with Construction
Services of Roanoke, Inc., in accordance with contract documents as
prepared by Hayes, Seay, Mattern and Mattern, Inc., Architects,
Engineers, Planners, in the amount of $233,200.00 and 120 consecutive
calendar days; appropriate funds for the project from the fiscal year
1990 Capital Maintenance and Equipment Replacement Program, in the
amount of $260,000.00; authorize the Director of Finance to establish a
new capital account for said project; and reject all other bids
received by the City.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30323-112690) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Civic Center Funds Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 165.)
Mr. White moved the adoption of Ordinance No. 30323-112690. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ............ 7.
NAYS: None ..................................................... O.
Mr. White offered the following emergency Ordinance:
(#30324-112690) AN ORDINANCE accepting the bid of Construction
Services of Roanoke, Incorporated, for construction of interior renova-
tions of the Civic Center Auditorium, upon certain terms and con-
ditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
(For full text of Ordinance, see Ordinance Book No. 52, page 165.)
Mr. White moved the adoption of Ordinance No. 30324-112690. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
745
ACTION:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor--- 7.
NAYS: None.
SALE/PURCHASE OF PROPERTY-CITY PROPERTY: Council Member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the committee, with regard to
declaring property identified as Official Tax No. 1310901 to be surplus
to the City's needs.
A staff report advised that the parcel originally was recorded as
Block 31, West End & Riverview Map; that the property was acquired by
the City on July 7, 1949, at a cost of $250.00, apparently as part of
an estate that was being sold; that the "Park" designation on the pro-
perty on City Appraisal and Sewer Maps indicates formal action might
have been taken to dedicate said property as a park, or, the intent of
the City Administration was to retain it for that purpose should it be
needed; and no evidence of formal dedication for park purposes can be
identified.
It was further advised that use of all parts of West End &
Riverview Map Subdivision north of the parcel has reverted to heavy
industrial, as it was gradually absorbed into the West End Railroad
Yards over many years; that properties one block south of the parcel
along Salem Avenue, S. W., are in transition from residential to com-
mercial uses; that a verbal request to acquire the parcel has been
received from an adjacent landowner; that the parcel is considered
surplus to the needs of the Department of Recreation and Grounds
Maintenance; and sale of public property requires advertisement for
sale to the general public to be authorized by the Water Resources
Committee and bids to be requested by the Department of General
Services.
The Water Resources Committee recommended that Council authorize
advertisement of property identified as Official Tax No. 1310901,
located on Westport Avenue, for sale to the general public and declare
said City-owned property as surplus.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#30325-112690) A RESOLUTION declaring certain City-owned pro-
perty located on Westport Avenue, S. W. and bearing Official Tax No.
1310901 to be surplus and authorizing the advertisement of such pro-
~-+,, ~n~ ~1~ tn th~ aeneral public.
(For full text of Resolution, see Resolution Book No. 52, page 166.)
Mr. Musser moved the adoption of Resolution No. 30325-112690. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
746
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ........... 7.
NAYS: None ......... O.
LEGISLATION: Council Member David A. Bowers, Chairman of the
Legislative Committee, presented a written report on behalf of the com-
mittee, advising that the Committee met on November 19, 1990, to review
the proposed Legislative Program submitted to Council on October 8,
1990, by the City Attorney, and, after reviewing the Program, the
Committee recommends that Council adopt a measure endorsing the
Legislative Program and commending same to the City's delegation to the
1991 Session of the General Assembly.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#30326-112690) A RESOLUTION adopting and endorsing a Legislative
Program for the City to be presented to the City's delegation to the
1991 Session of the General Assembly.
(For full text of Resolution, see Resolution Book No. 52, page 166.)
ACTION:
Mr. Bowers moved the adoption of Resolution No. 30326-112690. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ......... 7.
NAYS: None ....... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINAHCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
YOUTH: Mr. Ray Mozingo, 5610 Williamson Road, N. W., appeared
hefere C~nc~! ~nd ~dvls~d of ~;,~ ~,-uposeQ opening on March 1, 1991, of
a youth center in the building formerly known as Harbor's Landing on
Williamson Road.
COUNCIL: Ms. Linda LaPlant, 526 Marshall Avenue, S. W., expressed
appreciation to Council for holding its meeting in old southwest.
747
ACTION:
ACTION:
BUILDINGS (BULIDING MAINTENANCE DIVISION OF THE CITY'S BOARD OF
BUILDING CODE APPEALS): The Mayor advised that the four year term of
Ms. Mary C. Maier as a member of the Building Maintenance Division of
the City's Board of Building Code Appeals, expired on November 10,
1990, and called for nominations to fill the vacancy.
Mr. Musser placed in nomination the name of Ms. Mary C. Maier.
There being no further nominations, Ms. Maier was reelected as a
member of the Building Maintenance Division of the City's Board of
Building Code Appeals, for a term ending November 10, 1995, by the
following vote:
FOR MS. MAIER: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ....... 7.
At 10:30 p.m., the Mayor declared the meeting in recess.
At 10:55 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Fitzpatrick moved with respect to the Executive
Session just concluded, that each Member of City Council certify to the
best of his or her knowledge that: (1) only public business matters
lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Executive Session was
convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ......... 7.
NAYS: None ............. O.
HOUSING-PARKING GARAGE: The City Manager submitted a written
report advising that the Roanoke Redevelopment and Housing Authority
proposes to use $1,525,000.00 in Community Development Block Grant
(CDBG) Program income and three years (1989, 1990, and 1991) of payment
in lieu of taxes (estimated at $330,000.00) toward the construction of
a $5,400,000.00 parking garage in the 200 block of Church Avenue,
S. E.; that the balance of funds will be obtained by the Housing
Authority from private lenders; and Council has authorized amendment to
the CDBG program to provide for said additional project.
It was further advised that the garage (estimated to include 409
spaces) is necessary in order to replace parking displaced by the
conscructlon of :ne Norfolk & Wu~L=~-,i Guildi,~g in uowntown East; that
the Housing Authority has a legal con~nitment with Crestar Bank to have
the garage completed no later than October 1992; that an agreement bet-
ween the City and the Housing Authority is necessary to allow the
Housing Authority to retain the $1,525,000.00 in CDBG Program income to
construct the parking garage as a CDBG project and to insure sufficient
748
City involvement in the project; that the lease between the City and
the Housing Authority is necessary in order to secure needed private
financing; and major aspects of the agreement and lease agreement are
as follows:
Roanoke Redevelopment and Housing Authority loan
from private lenders will be structured in such a
way as to maximize the ability to cover the annual
debt service from the operating revenues of the
parking garage. Loan structure must be approved by
the City's Director of Finance.
City will lease the garage from the Housing
Authority for 30 years upon receipt of a cer-
tificate of occupancy for an amount equal to the
annual debt service on the loan. City can renew
lease at its discretion.
City will be responsible for management of garage
and cost of operation. It is anticipated that
future payment in lieu of taxes will offset the
cost of operations.
City Manager will have final approval on architec-
tural plans as well as components included, number
of spaces, size of foundation, etc.
All revenues from the garage over and above the
lease and operation costs will come back to the
City.
Parking rates would be set by the Housing
Authority, but in no event would they be less than
average of City owned garages.
Foundation work to accommodate additional develop-
ment such as housing, office or more parking and
stubbing in of retail areas would be bid as alter-
nates. Assuming the extra foundation and utility
work is built, the air rights above the garage can
be sold or leased by the Housing Authority only
with City approval.
The City Manager recommended that he be authorized to execute the
agreement and lease agreement with the Housing Authority for the
construction and lease to the City of the new Church Avenue parking
garage.
{for tull text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
749
ii
(#30327-112690) AN ORDINANCE authorizing execution of an
Agreement and Lease Agreement with the City of Roanoke Redevelopment
and Housing Authority (RRHA) for the construction and lease of a
parking garage at 25 Church Avenue, S. E.; authorizing the proper City
officials to execute the Agreement and the Lease Agreement on behalf of
the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 167.)
ACTION:
Mr. Bowers moved the adoption of Ordinance No. 30327-112690. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, )!bite, Bowers,
Bowles and Mayor Taylor ....... 7.
NAYS: None ..........................
Om
There being no further business, the Mayor declared the meeting
adjourned at 11:00 p.m.
APPROVED
ATTEST:
City Clerk
Mayo
m
750
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 10, 1990
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in tile
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, December 10, 1990, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roandke
as amended.
PRESENT: Council Members Howard E. Musser, William White, Sr.,
David A. Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., and Mayor
Noel C. Taylor ............ 6.
ABSENT: Council Member James G. Harvey, II
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Everett Kier,
Pastor, Grace Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS
ACTION:
ACTION:
CIVIC CENlER: Pursuant to notice of advertisement for bids for
new toilet floors at the Roanoke Civic Center Coliseum, said bids to
be received by the City Clerk until 4:30 p.m., on Monday, December 10,
1990, and to be held, opened and read before the Council at 7:30 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the sole bid submitted by
Marsteller Corporation, in the amount of $20,097.00.
Mr. Musser moved that the bid be referred to a committee to be
appointed by the Mayor for study, report and recommendation to Council.
The motion was seconded by Mr. Fitznat~ick ~n~ adopted.
The Mayor appointed Messrs. William White, Sr., Chairman,
George C. Snead, Jr., and William F. Clark as members of the committee.
751
PUBLIC HEARINGS
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, December 10, 1990, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of Ms. Linda
Barrecchia that an undeveloped section of Strand Road, N. E., extending
from its intersection with Byrd Avenue to its intersection with
Plantation Road, less the area designated by the 1995 Thoroughfare Plan
for future street widening along Plantation Road, be permanently
vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
November 23, 1990, and Friday, November 30, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for street closure is to enable the applicant to
establish title to a portion of the vacated right-of-way to be utilized
as a future addition to the applicant's yard and property, was before
Council.
The Planning Commission recommended that Council approve the
application for closure insofar as the City has interest therein, sub-
ject to the following conditions:
That the subject application be amended prior to
any public hearing before Council to redefine the
area requested for closure as follows: an undeve-
loped section of Strand Road, N. E., from its
intersection with Byrd Avenue, N. E., from its
intersection with Plantation Road, N. E., but less
that area designated along Plantation Road by the
1995 Thoroughfare Plan for future street widening,
be permanently closed and vacated, pursuant to
Section 15.1-482(b), of the Code of Virginia
(1950), as amended.
That the applicant agree to provide to the Ci~° for
review, approval and recordation a plat of vacation
(subdivision) dividing the land within the vacated
right-of-way, according to established title or by
mutual agreement of the abutting lot owners.
That if tho abe¥c-cit:d piaL uf vacation nas nut
been approved by the City and recorded in the
Office of the Clerk of the Circuit Court of the
City of Roanoke within a period of 12 months from
the date of the adopted ordinance providing for the
752
ACTION:
closure, then said ordinance shall become null and
void with no further action by Council being
necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#30328) AN ORDINANCE permanently vacating, discontinuing and
closing a certain public right-of-way in the City of Roanoke, Virginia,
pursuant to Section 15.1-482(b) of the Code of Virginia (1950), as
amended, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 168.)
The motion was seconded by Mr. White.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for closure. There being
none, Ordinance No. 30328 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ........... 6.
NAYS: None ................
O.
(Council Member Harvey was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, December 10, 1990, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of Southern
Classic Soft Cloth Auto Wash, Inc., that a certain unopened alley lying
near the northeast intersection of Orange Avenue and Hollins Road,
N. E., be permanently vacated, discontinued and closed, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
November 23, 1990, and Friday, November 30, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council
approve the request to close the alley insofar a~ the City h,~ nn
in~eres~ therein, subjec~ ~o t~e following conditions, was before
Council.
753
ACTION:
That the applicant agrees to submit to the City for
review, approval, and recordation, a subdivision
plat dividing thereon the land within the vacated
alley in accordance with established title by
mutual agreement of the abutting property owners.
That if the above-cited plat has not been submitted
and approved by the City and recorded within a
period of 12 months from the date of the adoption
of the ordinance providing for such closure, then
said ordinance shall become null and void with no
further action by Council being necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#30329) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 170.)
The motion was seconded by Mr. Musser.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for closure. There being
none, Ordinance No. 30329 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ......... 6.
NAYS: None .........
Ge
(Council Member Harvey was absent.)
ZONIEG: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, December 10, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of BARR &
Associates that property located at 107 South Jefferson Street, iden-
tified as Official Tax No. 1011125, be rezoned from C-3, Central
Business District, to H-l, Historic District Overlay, the matter was
before the body.
Legal adw,-t;~6~,,L uf the public hearing was publi~i,cd
morning editions of the Roanoke Times & World-News on Friday,
November 23, 1990, and Friday, November 30, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
754
ACTION:
A report of the City Planning Commission advising that the purpose
of the request for rezoning is to add the building to the historic
district and preserve an important building on South Jefferson Street,
was before Council.
The Planning Commission recommended that Council approve the
request for rezoning, inasmuch as the overlay zoning would provide
local ordinance protection of a potential state and national historical
register property and would prohibit any adverse alteration or demoli-
tion of the structure, as well as make public financial and technical
assistance programs available to assist the owners in the rehabilita-
tion of said property.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#30330) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 101, Sectional 1976 Zone Map,
City of Roanoke, by designating certain property within the City with
an H-l, Historic District Overlay.
(For full text of Ordinance, see Ordinance Book No. 51, page 171.)
The motion was seconded by Mrs. Bowles.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning, lhere being
none, Ordinance No. 30330 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ............... 6.
NAYS: None ............... O.
(Council Member Harvey was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk )laving advertised a public
hearing for Monday, December 10, 1990, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Brabham
Petroleum Company that a tract of land containing .147 acre, more or
less, located at 1017 Syracuse Avenue, N. W., identified as Official
Tax No. 2130520, be rezoned from RM-I, Residential Multi-Family, Low
Density District, to C-2, General Cnmm~c(a! District, ~ubjucL Lv u:r-
rain c:,qdiL~uns proffered by the petitioner, the matter was before the
body.
755
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
November 23, 1990, and Friday, N~vember 30, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning is for expansion and reconstruction of an
existing convenience store located at 1017 Syracuse Avenue, N. W., was
before Council.
The Planning Commission recommended that Council approve the
request for rezoning, advising that the modernization, reconstruction
and expansion of an existing convenience store further onto the site
from the intersection of Syracuse Avenue, lOth Street and Andrews Road
would facilitate the preservation and revitalization of a small
neighborhood-oriented business that has been a part of the community
for a significant period of time providing essential services to the
residents of the area.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#30331) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 213, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 51, page 172.)
The motion was seconded by Mr. White.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 30331 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ......... 6.
NAYS: None ........
(Council Member Harvey was absent.)
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
756
ACTION:
ACTION:
the Consent Agenda and considered separately. He called specific
attention to requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council, and specific legal mat-
ters requiring the provision of legal advice by counsel, being the
terms and conditions of an economic development contract.
MINUTES: Minutes of the regular meetings of Council held on
Monday, August 27, 1990; Monday, September 17, 1990; and Monday,
September 24, 1990, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that the reading of the minutes be dispensed
with and that the minutes be approved as recorded. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ........... 6.
NAYS: None ....... O.
(Council Member Harvey was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ............ 6.
NAYS: None .......
(Council Member Harvey was absent.)
PENDING LIST: A list of items pendinq frnm,l,,ly ~9 '~'~ ~ ..... ~
November 26, 1990. was hp~erc Cuu,cil. _ , ~J,v, ...... ~..
(For full text, see pending list on file in the City Clerk's Office.)
757
ACT I ON:
ACTION:
ACTION:
Mrs. Bowles moved that the pending list be received and filed.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor- 6.
NAYS: None ......
(Council Member Harvey was absent.)
PLANNING: A report of qualification of Mr. John B. Ferguson as a
member of the City Planning Commission to fill the unexpired term of
Ms. Susan S. Goode, resigned, ending December 31, 1990, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
'AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ..... 6.
NAYS: None-
(Council Member Harvey was absent.)
YOUTH (YOUTH SERVICES CITIZEN BOARD): A report of qualification
of Mr. Robert L. Hopkins as a member of the Youth Services Citizen
Board to fill the unexpired term of Mr. Finn D. Pincus, resigned,
ending May 31, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ..... 6.
NAYS: None ...... O.
(Council Member Harvey was absent.)
PENSIONS (BOARD OF TRUSTEES. CITY OF ROANOKE PENSION PLAN): A
report of qualification of Ms. Bernice F. Jones as a member o~ the
Board of Trustees, City of Roanoke Pension Plan, for a term ending
June 30, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
758
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ............... 6.
NAYS: None---
(Council Member Harvey was absent.)
CIVIC CENTER: A report of qualification of Messrs. Vernon M.
Danielson and Delvis O. McCadden as members of the Roanoke Civic Center
Commission for terms ending September 30, 1993, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ............ 6.
NAYS: None ................
Oe
(Council Member Harvey was absent.)
HUMAN RESOURCES (ADVISORY BOARD OF HUMAN RESOURCES): A report of
qualification of Ms. Bernice F. Jones as a member of the Advisory Board
of Human Resources for a term ending November 30, 1993, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ................. 6.
NAYS: None .......... O.
(Council Member Harvey was absent.)
................. LLur,,,cmm AUlUURI[Y): A report of quali-
fication of Mr. W. Bolling Izard as a Director of the Industrial
Development Authority of the City of Roanoke for a term ending
October 20, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor-- 6.
NAYS: None .....
(Council Member Harvey was absent.)
TRAFFIC (CITY OF ROANOKE TRANSPORTATION SAFETY COMMISSION): A
report of qualification of Messrs. Acree Hayes and Gary E. Pritchard
as members of the City of Roanoke Transportation Safety Commission for
terms ending October 31, 1994, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor--- 6.
NAYS: None--- - .......... O.
(Council Member Harvey was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss specific legal matters requiring the provision of
legal advice by counsel, being the terms and conditions of an economic
development contract, pursuant to Section 2.1-344 (A) (7), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss specific legal mat-
ters requiring the provision of legal advice by counsel, being the
terms and conditions of an economic development contract, pursuant to
Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor .... 6.
NAYS: None .... ,0.
(Council Member Harvey was absent.)
759
760
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES): Mr. Robert L. Lynn,
III, Board of Directors, Mental Health Services of the Roanoke Valley,
appeared before Council and presented the fiscal year 1990 progress
report of Mental Health Services. He advised that during the past
fiscal year, $287,381.00 of Roanoke City's tax dollars were matched
with State and Federal dollars and fees to provide $4,608,442.00 of
service to Roanoke City citizens which amounts to $16.00 worth of ser-
vices for each Roanoke City tax dollar expended.
(For full text, see progress report on file in the City Clerk's
Office.)
Mr. Robert Shaw, a graduate of Hegira House, appeared before
Council advised that Hegira House is a long term intensive substance
abuse program operated and funded by Mental Health Services which is
staffed by therapists that deal with clients on a one to one individual
basis, as well as through group therapy. He stated that he was a resi-
dent of Hegira House for 18 months and he came to the facility with a
cocaine habit that amounted to approximately $1,000.00 per day. He
added that he hit bottom by way of 23 felony charges which is how he
supported his cocaine habit. He commented that he was fortunate enough
to be allowed by the court system to attend Hegira House because he
knew he needed help, advising that he was provided with intense treat-
ment and has learned to be a responsible member of society. He stated
that he is 31 years old and is functioning better now than at any other
time in his life; that he is active in the community and coaches
sandlot football and basketball for the City; that he has a good rela-
tionship with his children; and he has been drug free for approximately
30 months. Ne explained that many people think it is not possible to
recover from cocaine or crack addiction, but with the help of Mental
Health Services, the staff of Hegira House and the Lord, he was able to
recover. He advised that Mental Health Services needs the support of
the City.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
HEALTH DEPARTMENT: Tho r~-.. u ........
-.-J ...... u-. ,,,L,-uduced br. Uonaid R.
$Cern, Ulrector of the Roanoke City Health Department, whose appoint-
ment was effective January 1, 1991.
761
m
JUVENILE DETENTION HOME: The City Manager called upon Mr. Mark C.
Johnson, Manager, Roanoke City Detention Home, to present a briefing on
the facility.
Mr. Johnson reviewed a series of slides on the Detention Home.
The following is a summarization of some of the points made by Mr.
Johnson:
The facility was founded in 1926 and was the second
secure juvenile detention program in the United
States. It relocated to the new Coyner Springs
facility in 1960, a school room was constructed in
1969, and a gymnasium, outside activity area,
administrative wing and intake dormitory were
constructed in 1980. The program mission of the
facility is to provide short term treatment and
control through secure detention and outreach
detention, long term treatment and control through
secure detention, and prevention for pre-delinquent
youth. The facility is funded historically 70/30
State/City, a block grant process was initiated in
fiscal year 1982, State participation has slowly
waned, the facility is presently experiencing pre-
cipitous reduction of State funding in 1991, with
further reduction anticipated in 1992. The faci-
lity was initially constructed anticipating a 75%
utilization; there has been a consistent increase
in utilization since 1987, the number of clients
refused due to lack of bedspace is accelerating,
and attendant financial cost of refusals is con-
si derabl e.
Mr. Johnson advised that the program goals of the Juvenile
Detention Nome are to provide a safe and secure environment for
children detained; to provide basic physical needs such as food,
clothing, shelter and medical care; to assist in the child's social and
emotional adjustment; and to provide observation and evaluation of the
child. He reviewed flow charts with regard to State Revenue Profile,
Utilization Profile, Problem/Critical Population Points Profile,
Refusal Profile, and Refusals - Cost Analysis.
ITEMS RECOMMENDED FOR ACTION:
FIRE DEPARTMENT: The City Manager submitted a written report
advising that advertisement of public notice to seek architectural/
en~in~r(n~ ~e~v(r~ for the U. S. 460 East Fire Station located at
1016 Mecca Street, N. E., was advertlseo in a )oca) newspapu, o,~
June 17, 1990; that four architectural/engineering firms responded to
the request for services; that all four firms were invited and
responded for interviews; and interviews were conducted by the selec-
tion committee on July 19, 1990.
762
It was further advised that Smithey & Boynton, P. C., was selected
as the best qualified architectural/engineering firm for the project,
which consists of the design of a new, two apparatus bay fire station
similar in function to Fire Station No. 13 on Appleton Avenue and
Peters Creek Road, N. W.; and the fire station will provide for female
firefighters, with bedroom and toilet facilities, and will also provide
for emergency medical services to be housed within the fire station in
a portion of one of the bays.
The City Manager recommended that he be authorized to execute an
architectural/engineering full services contract with Smithey &
Boynton, P. C., in a form subject to approval by the City Attorney, for
design, development, construction documents, bidding supervision and
construction administration of the U. S. 460 East Fire Station, in the
amount of $59,000.00; and that the Director of Finance be authorized to
encumber $59,000.00 within Account No. 008-050-9653-9003, U. S. 460
East Fire Station.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#30332-121090) A RESOLUTION authorizing the execution of an
agreement with Smithey & Boynton, P. C., to provide certain architec-
tural and engineering services, specifically the design and specifica-
tions for the U. S. 460 East Fire Station.
(For full text of Resolution, see Resolution Book No. 52, page 167C.)
ACTION:
Mr. Bowers moved the adoption of Resolution No. 30332-121090. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ......... 6.
NAYS: None ..........
o0.
(Council Member Harvey was absent.)
BUDGET-HU)~N RESOURCES: The City Manager submitted a written
report advising that the State Department of Social Services has, since
the adoption of the fiscal year 1990-91 budget, allocated $14,014.00 to
the local Social Services Department to provide Independent Living
Services for eligible foster care children, age 16 to 18; and alloca-
tion provides funds for services to improve care and preparation of
teenaqers and oth,~ rh(l~,~- ~- fost6~- C&,: F-..~ "'~--~" ~ '
......... , ~, ~,,-~,~ , m ;mu~il-
dent living through foster home recruitment, training of foster parents
and social work staff, and development of local ,training efforts to
help foster care youth develop skills necessary fo~ successful indepen-
763
ACTION:
It was further advised that Independent Living Services are 100
per cent reimbursed by the State Department of Social Services; and
Council is requested to appropriate revenue for supplemental funds
allotted by the State Department of Social Services.
The City Manager recommended that Council the increase revenue
estimate of funds received from the State Department of Social
Services, Account No. 001-020-1234-0683, with a corresponding increase
in Expenditure Account No. 001-054-5314-3160, in the amount of
$14,014.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30333-121090) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 167C.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30333-121090.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ........ 6.
NAYS: None ......... O.
(Council Member Harvey was absent.)
CITY INFORMATION SYSTEM-EQUIPMENT: The City Manager submitted a
written report advising that external auditors have strongly recom-
mended that a comprehensive disaster recovery plan be developed for the
City of Roanoke, which would provide a document outlining procedures to
be followed and alternate processing facilities to be used in case of a
disaster that would render the City's computer facility inoperative;
and a request for quotation specifications was sent to six vendors
offering such services, said responses having been received and
publicly opened in the Office of General Services.
The City Manager recommended that Council accept the bid for
purchase of disaster recovery plan software and services to Interna-
tional Business Machine Corporation (I.B.M.), the lowest responsive
bidder, at a bid price of $16,000.00, and reject all other bids
received bv th~ ~+y. with ~!! ~ft;-:~r~ ~ ~v~r~_ eh.. h~ n~nv~Pd hv
Aovanced Information Management, Inc. (AIM), as subcon-trac~or as proL
posed in the I.B.M. request for quotation response.
(For full text, see report on file in the City Clerk's Office.)
764
ACTION:
Mr. Fitzpatrick offered the following Resolution:
(#30334-121090) A RESOLUTION accepting the bid of International
Business Machine Corporation to provide a Disaster Recovery Plan for
the City's computer facilities; authorizing the proper City officials
to execute the requisite contract for such work; and rejecting other
bids for such plan.
(For full text of Resolution, see Resolution Book No. 52, page
Mr. Fitzpatrick moved the adoption of Resolution No. 30334-121090.
The motion was seconded by Mr. Musser.
Mr. White expressed concern and requested that the record reflect
that the bid of I.B.M. is in the amount of $16,000.00; that Council's
policy provides that bids over $15,000.00 shall be opened in public,
advising that neither this item nor the following item pertaining to
purchase of a security software system were opened in public at a City
Council meeting, and Council would be in violation of its own policy if
it approves the abovedescribed purchases.
In explanation, the City Attorney advised that Section 23.1-10(b)
of the Code of the City of Roanoke (1979), as amended, provides that
the only bids that are required to be opened before City Council are
construction bids which exceed $15,000.00. He stated that Section
23.1-10(a) of the City Code provides that bids be opened publicly and
in the presence of one or more witnesses which can occur in the
Department of Purchasing, as well as in the Council Chamber, therefore,
the City Code can be complied with without opening the bids in the
Council Chamber.
The City Manager advised that Mr. White's question is, when the
administration estimates that bids will exceed $15,000.00, is it the
policy of the City administration to insure that such matters are
brought before City Council and opened publicly with a bid committee
appointed by the Mayor. He stated that that was clearly his intent and
had he been aware that the next item pertaining to the security soft-
ware system was going to cost in the range of $30,000.00, he would have
made certain that the bids were publicly opened before City Council and·
referred to a committee appointed by the Mayor for tabulation.
Ordinance No. 30334-121090 was adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ..................................................... 6.
NAYS: None .......................................
(Council Member Harvey was absent.)
BUDGET-CITY INFORMATION SYSTEM-EQUIPMENT: The City Manager sub-
mitted a written report advising that Peat Marwick, in their 1989
"Letter of Recommendations", recommended that the City implement a
security software system consisting of a computer software program
which will strengthen controls that limit access to data stored on the
765
ACTION:
ACT I ~:.':
City's mainframe computer; that City management agreed with the recom-
mendation and funds were earmarked in the 1989-90 Internal Services
Fund Retained Earnings account; and CIS Technical Services staff has
been expanded by one position in order to install and maintain the
system, said funds having been allocated in fiscal year 1990-91 for the
expansion.
The City Manager recommended that Council accept the bid of
International Business Machine Corporation {I.B.M.) for purchase of a
security software system, in the amount of $31,440.00; appropriate
$28,920.00 from Internal Service Fund Retained Earnings, to CIS Account
No. 006-050-1601-9015, Other Equipment; that the difference, in the
amount $2,520.00, is intended to be used for training and will be
funded with existing CIS appropriations; and reject all other bids
received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30335-121090) AN ORDINANCE to amend and reordain certain secu
tions of the 1990-91 Internal Service Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No, 52, page 167D.)
Mrs. Bowles moved the adoption of Ordinance No. 30335-121090. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ..... 6.
NAYS: None ......
(Council Member Harvey was absent.)
Mrs. Bowles offered the following Resolution:
(#30336-121090) A RESOLUTION accepting the bid of International
Business Machine Corporation to provide a MVS/XA Security Software
System, and rejecting other bids for such system.
(For full text of Resolution, see Resolution Book No. 52, page 167E.)
Mrs. ~nwles moved the adoption of Resolution No. 30336-121090.
The motion was seconded by Mr. Fitzpatrick ana aaop~ea ~y LI,: ,u, ....... ~
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor--- 6.
NAYS: None .....
Oe
(Council Member Harvey was absent.)
766
FLOOD REDUCTIOII/CONTROL-SIAIE HIGHWAYS-SALE/PURCHASE OF PROPERTY-
HENRY STREET REVITALIZATION: The City Manager submitted a written
report advising that Council granted approval of the following pro-
jects:
Roanoke River Flood Reduction Project, pursuant to
Ordinance No. 29733-91189,
Peters Creek Flood Reduction Project, pursuant to
Ordinance No. 30263-10190, and
Second Street/Gainsboro Road Street Improvement
Project, pursuant to Ordinance No. 30255-10190.
It was further advised that a number of parcels of property to be
acquired within the next two years are as follows:
Roanoke River Flood Reduction Project:
Peters Creek Flood Reduction Project:
Second Street/Gainsboro Road Street
Improvement Project:
241
183
82
Total 506
It was explained that previous approval for hiring of a "Profes-
sional Coordinator" for land acquisition for the Roanoke River F]ood
Reduction Project was authorized by Council, pursuant to Ordinance No.
26965, dated April 9, 1984; that initial contact was needed prior to
the referendum in April, 1989 to determine community interest and
willingness of property owners to donate property for the project; that
advertisement of a request for proposals for real estate acquisition
services took place on August 26, 1990; that three responses were
received, with interviews being conducted on September 28, 1990; that
interviews called attention to two individuals who are best qualified
to perform the required work; and one full time person, John Bowman,
will be available for the term of the projects, and one part time per-
son, Luther Nicar, will be available to assist when needed.
The City Manager recommended that he be authorized to execute
independent contractor personal services contracts with Messrs. John
Bowman and Luther Nicar to provide real estate acquisition management
services in connection with the Roanoke River Flood Reduction Project,
the Peters Creek Flood Reduction Project, and the Second Street/
Gainsboro Road Street-Improvement Project on an as needed basis is the
sole discretion of the City on an hourly basis, subject to a maximum of
$67,000.00 for Mr. Bowman and $33,000.00 for Mr. Nicar. n~ = ~^~ -~ --
mor~ ~h~, ~nn ~ ~ .~ ...~_. ............ .~
.... , ...... , ........ ,, ~-z,uuu.uu will be allocated to the
Roanoke River Flood Reduction Project, $36,200.00 will be allocated to
the Peters Creek Flood Reduction Project, and $16,000.00 will be allo-
cated to the 2nd Street/Gainsboro Road Street Improvement Project.
(For full text, see report on file in the City Clerk's Office.)
767 II
ACTION:
ACTION:
Mr. Fitzpatrick offered the following Resolution:
(#30337-121090) A RESOLUTION authorizing the City to enter into
certain contracts for real estate acquisition management services, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 52, page 167E.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30337-121090.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor- ........ 6.
NAYS: None ..............
(Council Member Harvey was absent.)
REPORTS OF COMMITTEES:
RADIO-TELEVISION: Vice-Mayor Howard E. Muss,r, Chairman of the
Roanoke Regional Cable Television Committee, submitted a written report
advising that the Committee is currently conducting negotiations with
Cox Cable Roanoke, Inc., with regard to renewal of the existing cable
television franchise; that the current 15-year franchise agreement bet-
ween the City and Cox Cable expires on December 31, 1990; that substan-
tial progress has been made in the renewal process, but nevertheless,
it will not be possible to conclude the renewal process prior to
December 31, 1990; and Federal and State law preclude Cox Cable
Roanoke, Inc., from operating a cable television system in the City of
Roanoke without a valid franchise agreement.
Mr. Musser recommended adoption of a measure extending the
franchise of Cox Cable Roanoke, Inc., to operate a cable television
system in the City of Roanoke for a period of 60 days, commencing at
12:00 midnight on December 31, 1990, advising that Roanoke County and
the Town of Vinton also intend to provide for a 60 day extension of
their respective franchises with Cox Cable.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#30338) AN ORDINANCE extending the franchise of Cox Cable
~u uKe operate ............ J ....
period of 60 days.
(For full text of Ordinance, see Ordinance Book No. 52, page 168.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
768
ACTION:
ACTION:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor-- 6.
NAYS: None ......................
(Council Member Harvey was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CITY CODE-SEGREGATION/INTEGRATION: Ordinance No. 30313-121090
amending the Code of the City of Roanoke (1979), as amended, by adding
a new Article I, Prohibition Against Discrimination by Clubs or Organi-
zations Which Are Not Distinctly Private, to Chapter 16, Housing; rede-
signating Chapter 16, Housing, as Chapter 16, Humao Rights; and
providing for an effective date of March 31, 1991, having previously
been before the Council for its first reading on Monday, November 26,
1990, read and adopted on its first reading and laid over, was again
before the body, Mr. Bowers offering the following for its second
reading and final adoption:
(#30313-121090) AN ORDINANCE amending the Code of the City of
Roanoke (1979), as amended, by adding a new Article I, Prohibition
Against Discrimination by Clubs or Organizations Which Are Not
Distinctly Private, to Chapter 16, Housing; redesignating Chapter 16,
Housing, as Chapter 16, Human Rights; and providing for an effective
date.
(For full text of Ordinance, see Ordinance Book No. 52, page 167A.)
Mr. Bowers moved the adoption of Ordinance No. 30313-121090. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor. 6.
NAYS: None ..................................................... O.
(Council Member Harvey was absent.)
COUNCIL: Mr. White offered the following Resolution cancelling
the regularly scheduled meeting of City Council to be held on Monday,
December 24, 1990:
(#30339-121090) A RESOLUTION cancelling the regularly scheduled
meeting of City Council to be held on December 24, 1990.
(For full text of Resolution, see Resolution Book No. 52, page
Mr. White moved the adoption of Resolution No. 30339-121090. The
motion was seconded by Mr. Musser and adopted by the following vote:
769
m
ACTION:
ACTION:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor .................... 6.
NAYS: None .............
(Council Member Harvey was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 9:10 p.m., the Mayor declared the meeting in recess.
At 10:30 p.m., the meeting reconvened in the Council Chamber,
with Mayor Taylor presiding, and all Members of the Council in atten-
dance, with the exception of Council Member Harvey.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. White and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick
and Mayor Taylor ............. 6.
NAYS: None ............................
.0.
(Council Member Harvey was absent.)
LIBRARIES: The Mayor advised that there is a vacancy on the
Roanoke Public Library Board, created by the resignation of Mr.
Philip C. Coulter, for a term ending June 30, 1993, and called for
nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Mr. Marc J. Small.
There being no further nominations, Mr. Small was elected as a
member of the Roanoke Public Library Board, for a term ending June 30,
iuS$, Dy :ne Fuiio.;,,u .Gte;
FOR MR. SMALL: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor .............................. 6.
(Council Member Harvey was absent.)
77O
YOUTH (YOUTH SERVICES CITIZEN BOARD): The Mayor advised that
there is a vacancy on the Youth Services Citizen Board, created by the
resignation of Mr. Wallace I. Allen, for a term ending May 31, 1993,
and called for nominations to fill the vacancy.
Mr. Musser placed in nomination the name of Mr. Clay L. Dawson.
There being no further nominations, Mr. Dawson was elected as a
member of the Youth Services Citizen Board, for a term ending May 31,
1993, by the following vote:
ACTION: FOR MR. DAWSON: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ..... 6.
(Council Member Harvey was absent.)
AIR POLLUTION CONTROL (ADVISORY AND APPEAL BOARD, AIR POLLUTION
CONTROL): The Mayor advised that there is a vacancy on the Advisory
and Appeal Board, Air Pollution Control, created by the resignation of
Mr. Robert E. Johnston, for a term ending December 31, 1992, and called
for nominations to fill the vacancy.
Mr. Musser placed in nomination the name of Ms. Terry W.
Patterson.
There being no further nominations, Ms. Patterson was elected as a
member of the Advisory and Appeal Board, Air Pollution Control, for a
term ending December 31, 1992, by the following vote:
ACTION: FOR MS. PATTERSON: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ......................................... 6.
(Council Member Harvey was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 10:35 p.m.
ATTEST:
APPROVED
City Clerk
m
SPECIAL MEETING ROANOKE CITY COUNCIL
December 11, 1990
1:30 p.m.
m
The Council of the City of Roanoke met in special meeting in the City
Council's Conference Room, fourth floor of tile Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, on Tuesday, December 11, 1990, at 1:30 p.m.,
pursuant to Section 10, ~eetin~s of Council, of the Roanoke City Charter, with
Mayor Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., Howard E. Musser and Mayor Noel C. Taylor ................... 5.
ABSENT: Council Members James G. Harvey, II, and William White, Sr.- ..... 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager (arrived at 1:40 p.m.};
Earl B. Reynolds, Jr., Assistant City Manager; Wilburn C. Diblin9, Jr., City
Attorney; and Mary F. Parker, City Clerk.
OTHERS PRESENT: The Honorable J. Granger Macfarlane, Member, Senate of
Virginia; the Honorable A. Victor Thomas, Member, House of Delegates; Mr.
Baker Ellett, Legislative Assistant to the Honorable Clifton A. Woodrum, III,
Member, House of Delegates; School Board Chairman James M. Turner, Jr.;
School Board Members Sallye T. Coleman, Marilyn C. Curtis, Charles W. Day,
Thomas L. Orr, Finn D. Pincus and Velma B. Seif; Frank P. Tota, Jr.,
Superintendent of Schools; Richard L. Kelley, Executive for Business Affairs
and Clerk of the School Board; and June S. Nolley, Secretary to the
Superintendent.
The meeting was opened with a prayer by Mayor Taylor.
The Mayor stated that it was a pleasure to welcome the City's
representatives to the 1991 Session of the General Assembly, as well as
members of the School Board and school administration, and noted that
Delegate Clifton ~(oodrum was unable to attend the meeting and was being
represented by his legislative assistant, Mr. Baker Ellett.
School Board Chairman James M. Turner, Jr., extended greetings to
the legislators and expressed appreciation for their efforts in the
past and in the upcoming session of the General Assembly.
Mayor Taylor referred to the "Mandates" portion of the Policy
Statements contained in the 1991 Legislative Program, and stated that
he believes ail o~ ....... ~ ~ware ot the
shortfall that the City has been experiencing and if we are gazing into
the crystal ball properly, it seems that the year ahead, the next
fiscal year, might be an even more serious revenue shortfall than we
have experienced during the current year, and for that reason, the
issue of State mandates has become more critical to the City than ever
772
before. He commented that this has been a serious financial con-
sideration and a burden to the City for many years, because in many
instances, the City has been absolutely required to meet certain man-
dates without receiving the necessary funding to accomplish that. He
referred to an instance as many as 12 to 14 years ago regarding the
funding for welfare programs, wherein the City was told to add a
sizeable number of staff workers and the City politely declined citing
the lack of necessary revenue to fund the positions, and the State
simply replied by reminding the City of the percentage of the program
that they were presently funding and that if the City did not
accomplish this task by a specific date, then they would reduce the
funding to a lower level, which encouraged the City to go ahead with
the staff appointments. The Mayor stated that he thinks it is very
unfortunate to have the regulations imposed upon the City without the
revenue coming forth to assist in accomplishing the missions mandated
by the State. He stated that as recently as last week, members of
Council were in Houston, Texas for the National League of Cities
meeting and there was serious dialogue there, and that there are some
states who are presently in the process of bringing together forces to
demand that the State legislature will not bring into being any new
mandates on the part of the State that the State could not fund. He
stated that he would certainly hope that this need not be the case of
Virginia, but that he believes the point is well taken.
The Mayor stated that all that should be necessary is for the City
to encourage those who represent us in the House of Delegates and the
State Senate to remind their compatriots of the fact that we are
already suffering a serious revenue shortfall that will affect not only
the City side of the budget but the school side of the budget, and that
both the schools and the City government have cut back. He pointed out
that the City Manager had sent around the message that City departments
were to reduce the budget by the necessary percentage to keep the
budget in balance, and that he had responded by cutting the Council's
budget to the extent that the City Manager requested, and that should
let everyone know that the revenue shortfall is affecting every com-
ponent of the Roanoke City government.
At this point (1:40 p.m.), the City Manager entered the meeting.
In summary, the Mayor stated that Council believes it is imperative
that all State mandates be suspended until full State funding is
available to support programs that are mandated by the State, and he
pleaded with the legislators to keep this in mind as they go forth in
the upcoming Session.
The Mayor referred to thn "Revenue and Finance" portion of the
rom~cy Statements contained in the 1991 Legismat~ve vrogram, sidling
that the City is vitally concerned over the continued erosion of local
revenue sources, that it is unfortunate that in many instances, the
City is not allowed to produce sources of revenue that it believes
would be advantageous to the local community, that for some time now,
generally speaking, our greatest source of revenue comes from real
estate and personal property taxes, that those are the two sources that
we have available to us, and because the City is not allowed to turn to
other sources, presently the real estate tax rate for not only Roanoke
but the overall State, is one of the highest among any of the Southern
states. He stated that as we move progressively forward, if the City
is going to gain new revenue even for the next budget, there is a
question of where the City is going to look for additional money.
The Mayor stated that for some years, he was working diligently
trying to promote the idea of the General Assembly of Virginia giving
to local communities the opportunity of the option of the one-half cent
local option sales tax, and that the City's Finance Director has
suggested that this would put the City in a position to better meet the
mandates and the charges that have been given to us by our State pre-
sently. He said he understands that persons could feel that there
would be some political repercussions from voting for additional taxes,
but he must hasten to say that he believes that the serious reper-
cussions rest with us because we are not asking for it to be voted at
the State level, we are asking for the local communities to be given
the option, which is to say that the Councils at the local level will
have to decide whether or not they are willing to initiate and to bring
into being that extra one-half cent. The Mayor stated that he is of
the opinion as we go forward to the future, our citizens would want us
to think of the most unique manners of raising funds to keep the kind
of infrastructure, to keep the quality of community that we presently
have, and that we prove to them that the money is well spent and is
going for the proper causes, such as pursuing educational excellence
and having the All-America kind of community that we have been noted to
maintain. He said he believes t~,at they would look to the Council
favorably, at the possibility at least, of having the opportunity to
initiate this additional one-half cent, and asked the legislators to
think seriously about this.
Mr. Fitzpatrick thanked the legislators for their presence, and
for representing the City on an annual basis in the General Assembly.
Mr. Fitzpatrick addressed the matter of Economic Development,
stating that locally, we define economic development as creating jobs,
creating taxes and anything that improves the quality of life of the
citizens, and in this case, of the Roanoke Valley. He said that a lot
of the time we tend to forget that it includes things other than what
normally is industrial development, that industrial development is the
normal word that people place on the term economic development, but it
is much more than that, it is neighborhoods, it is educational institu-
tions and school systems, it is downtown development and commercial
development, it is highways and airports, and we are particularly
,.n~reciative of what the legislators did to help the City with its air-
port ter,,;F.;l, ~_n~ mere ~han any other thing in the last eighteen
months in terms of economic develuv,,'~r.t, we h,ve received rave reviews
about the airport terminal and the image it creates not o[~i~ f;r t.~
City and the Valley, but for Western Virginia as a whole.
Mr. Fitzpatrick stated that one of the things the City is facing
now is that Eastern Virginia, Richmond, and Northern Virginia are
growing at a much faster pace than the Roanoke Valley and Western
Virginia, and that we are somewhat separated in many ways from dynamic
773
774
growth that they feel, but he believes it is important for us to
recognize and acknowledge to the legislators that we are not going to
be like them, and that presents us with a whole new set of problems as
we deal with economic development and trying to create jobs for the
people who grow up in the Roanoke Valley and want to remain here. He
said that some different dynamics exist in the Tidewater area, in
Richmond, and in Northern Virginia that we will never have, so we have
to create our own synergy if we are going to succeed, Mr. Fitzpatrick
stated that the City believes Virginia needs a strategy for economic
development and we are not sure that there lies at the General Assembly
level a policy that says this is what we are going to accomplish in
Virginia with economic development, that we see a program for bringing
new industry in and working with education, but the strategy is
somewhat questionable at this point. He said he believes that whatever
strategy may be implemented needs to address what we would call the two
States of Virginia, there is a State of Virginia that is contained in
the golden crescent and there is a large State of Virginia that is west
of the golden crescent including Roanoke, Western Virginia and the
Shenandoah Valley, and we think we need to address those issues very
separately and as much as the part of economic development and others
in Richmond would like to think that we can do this with a uniform
plan, we in the City feel that it needs to be looked at separately
because we need different kinds of help here perhaps than they do down
there. He referred to three areas that the City believes are crucial
to helping us in the long term, i.e., (1) marketing, (2) prospect
targeting, and (3) educational funding.
Mr. Fitzpatrick stated that the City is in a tough situation, that
we have come through the consolidation opportunity, we have found how
the voters feel about it, and that does not overcome the challenge of
having a land-locked urban con~nunity of 100,000 citizens that needs to
grow and create additional tax income and take care of the many
problems that we are presented with on a daily basis. He stated that
the City is losing its young people and unfortunately, metro areas are
like apples, if the core is rotten, the whole apple becomes rotten. He
stated that he thinks Virginia's General Assembly must continue to face
tile fact that there must be additional help given the inner cities in a
multitudinous way if we are going to see successful economic develop-
ment and see the cities becoming as we want them to be, more and more
an asset to the General Assembly and the Com~nonwealth rather than a
hinderance. Lastly, Mr. Fitzpatrick stated that we have heard the
Mayor many times talk about the need to make Roanoke a Festival City,
which involves a tremendous amount of tourism and conventions, that the
City believes the General Assembly should continue its vigil which has
started, to look at the expenditure of tourism funds throughout the
State. and it has been nntpd clearly bv some of the leaislatn-~_ t?.~_t :;2
have not received the amount of funding in Western Virginia that we
deserve and we believe it is time for us to re-assess that and continue
the leadership the City's legislators have shown in beginning to have
that turned around. He stated that the City would like to have any
opportunity we can to get additional state dollars from conventions and
775
-!
tourism, inasmuch as this is one of the things we' look at in Western
Virginia that is an advantage to us because of the mountains and the
recreational opportunities, and probably more importantly, the tourism
dollar brings the City an income that supplements it in a way that is
different perhaps than some of the other major manufacturing or office
centers in the Commonwealth of Virginia, which means we do not have to
extend sewer lines to new residents or pick up the trash or educate the
children wi th tourism dollars.
Mr. Fitzpatrick expressed appreciation to the City's legislators
for their understanding of the role this plays, and stated that City
Council very much supports their efforts in trying to help the City.
Mayor Taylor referred to page 7 of the 1991 Legislative Program
dealing with the Sales Tax - Local Option, and emphasized the impor-
tance of the General Assembly enacting such legislation authorizing all
localities to have this privilege, stating that the City's Director of
Finance has estimated that an additional $6.24 million would be
generated for the City's general fund, meaning that the City could do
the things it ought to do on the City side of the budget and on the
school side of the budget, but of equal importance, the other com-
munities in the Commonwealth would have the same opportunity to exer-
cise that option if they desire. He stated that the City would be
grateful to the members of the General Assembly if they would consider
this option.
Mr. Fitzpatrick referred to the efforts to create a new highway
between the Roanoke Valley and Virginia Tech, stating that there has
been a general alignment of that road chosen by the Virginia Department
of Transportation and it is estimated that the cost of that would be in
the range of $100 million, that the design would take 25 minutes off of
the trip between Roanoke and Blacksburg, and that the project is
included in the State's 6-year plan. He stated that the primary'
funding source for the project in the original thought was pledge
bonds, and we all know that is not an opportunity at this point, so it
will take some innovative and creative financing to figure out what we
can do, that the challenge is to recognize how important this is to
Western Virginia and goes back to the economic development argument of
giving us one more leg up compared to the golden crescent, that !t
omethln we desperately need to have a relationship with the
ives us s ' g . ortation is the
ugniversity and it is very mportant, that we know transp
most crucial element in making jobs and creating opportunities and this
is another one of those that is going to have to be done, and he asked
that the legislators keep it on their list.
Mr. Fit~natrick. stated that he believes we are looking at potential
ent of something like a research trlangJe
developm . - - ...... -'~ .... here as the result of
· and the kine o~ companies ~nd~-,,, ~v,.,:
.b.u, lt, .... ~"~lo"" cannot even be measured at this po}n.t,.th.at a, .$100
1;ne ,mar~ b~;;;;ntU~ the Commonwealth in this road is Iii(ely 1;o eel;er-
million inve Y road
mine billions of dollars of private investments if that smart
becomes the first one ever built of its type in the United States, and
776
the City would like for the legislators to keep in perspective the
monetary challenges, and that the return on that $100 million would be
substantially more than it would be on the average highway to be
constructed in the Commonwealth that does nothing but get commuters
from one place to the other.
Mr. Bowers stated that he has always been very proud of the Senator
and Delegates representing the City of Roanoke in the General Assembly
of Virginia, that he feels Roanoke has been represented well during
their tenure, and he commended the legislators and thanked them for
their representation of the people of the City of Roanoke.
With regard to the Hotel Roanoke, Mr. Bowers stated that the City
and Virginia Tech Real Estate Foundation have entered into an agreement
by which they have each agreed to contribute toward the capital costs
of a publicly-owned conference center to be constructed adjacent to a
renovated Hotel Roanoke, and that together, the City and the Foundation
are seeking a developer and hotel operator to renovate and operate the
Hotel Roanoke. Mr. Bowers pointed out that this will not only require
a joint effort between Virginia Tech and the City of Roanoke and a pri-
vate developer, but also a joint effort on the part of the Commonwealth
and the City of Roanoke, and he asked that the legislators give the
matter their attention, because as Mr. Fitzpatrick alluded, economic
development is still one of the number one goals of this City and this
State government, and certainly, the number one public works and econo-
mic development priority for the City of Roanoke is and has to be the
saving, renovation and re-opening of the Hotel Roanoke. Mr. Bowers
stated that if we fail to see that this project is re-opened within the
next couple of years, it will be a tremendous loss.
Mr. Bowers further stated that in order to facilitate financing and
operation of the conference center, the City and the Foundation are
requesting the City's legislators to present a bill to the General
Assembly asking that a Commission be formed similar to the Roanoke
Regional Airport Commission, which would be an independent Commission
between the Virginia Tech Foundation and the City of Roanoke, and that
the Commission be authorized to issue bonds, to purchase, own, sell and
lease real and personal property, to award concession rights, and to
establish policy for operation of a conference center.
Mr. Bowers stated that the City of Roanoke has pledged $4 million
for this project, which is for the building of the conference center.
He referred to the three parts of the project which include the renova-
tion of the hotel, the development of a conference center, and the
development of a trade and convention m~ntp~, u ...............
believes ~ne Cuu.~;i i5 inclined to do whatever it can to increase our
funding if necessary, to make sure that this conference center is
built, to attract a developer to renovate the hotel, and get it running
as soon as possible.
777
Mr. Bowers referred to a completed feasibility study conducted by
Laventhol and Horwath, C.P.A.'s, which establishes the economic viabi-
lity of a trade and convention center in downtown, and shows that such
a facility would generate $2,179,000 in new tax revenue and of this
amount, $1,022,000 would be new State tax revenue. He stated that the
City and Virginia Tech Real Estate Foundation have agreed to build and
operate a conference center adjacent to the Hotel Roanoke and this pro-
ject, if successful, would give Roanoke the convention and hotel faci-
lities to justify a trade and convention center. Mr. Bowers stated
that convention facilities around the State are no longer competitive
with facilities in other Southeastern and mid-Atlantic states, that
many states around the country have participated in part or in whole in
the funding of convention facilities, and that if facilities around
Virginia are to be competitive, the Commonwealth will need to help, and
for urban areas, with limited undeveloped land, economic development
opportunities of this nature are crucial. Mr. Bowers urged the General
Assembly to establish a two part program to address this need, as
follows: first, consideration should be given to a rebate program
similar to programs in Alabama, Arkansas and Missouri where the state
returns the state portion of the sales tax generated by out-of-state
conferences and conventions, pointing out that this program is attrac-
tive because it rewards existing facilities as well as new ones and is
an incentive for localities to pursue out of state business; and
second, he urged the State to consider new or additional taxing power,
and stated that under this alternative, the State would give a locality
new or increased taxing power for a specific purpose (convention cen-
ter) for a specific period of time, and new taxing power might be tied
to a new facility.
Mr. Bowers further called attention to the issue of historic pre-
servation, advising that the Architectural Review Board appointed by
City Council must issue a certificate of appropriateness before any
building in a historic district can be erected or demolished or, in
certain cases, altered, and that the City is asking that the State law
be changed so that the architectural review board could be authorized
to impose conditions on the issuance of a certificate of appropriate-
ness which will render the certificate null and void if not met, and
furthermore, that the Building Commissioner be given authorization to
revoke or withhold a certificate of occupancy if conditions are not
met.
Mr. Bowers referred to the issue of demolition of historic struc-
tures, stating that Section 15.1-503.2 of the State Code prohibits the
razing or demolition of historic structures without following certain
procedures, and Section 15.1-491(e) authorizes a penalty of not less
than $10 nor more than $1,UUU, and that
may choose to bulldoze the building or house in a day and face the
possibility of a $1,000 fine, yet the land is worth more than that and
he has an opportunity to make himself a lot of money. Mr. Bowers
urged that the City Charter be amended to state that the razing or
demolition of historic structures in violation of the City's historic
district zoning ordinance shall subject the responsible party to a
civil penalty in an amount not to exceed twice the assessed value of
the structure.
778
Mr. Bowers also referred to the issue of design overlay districts,
advising that the City has several neighborhoods or districts which,
although not historic, are unique and need conservation and protection
from new development which is not in harmony with existing development,
that these neighborhoods or districts are the Blue Ridge Parkway corri-
dor, the Roanoke River corridor and the new Franklin Road/Elm Avenue
redevelopment area, and that the intent is to encourage new development
that is compatible with existing development or is consistent with an
adopted plan. In order to meet this need, Mr. Bowers stated that the
City is requesting Charter authority to establish design overlay
districts to promote architectural coherence and harmony and protect
developed areas of the City which exhibit unique neighborhood
character, with design overlay districts and guidelines for construc-
tion in such districts to be established after public hearings are held
by City Council.
Vice-Mayor Musser addressed the matter of full funding of the
Standards of Quality in Education. He advised that the State has
worked very diligently over the years in trying to upgrade the quality
of education in the State of Virginia and stated that he would not like
to see that start to slip back now, rather, he would like to see it
enhanced. He stated that having had the privilege of serving as
Chairman of the VML Education Policy Committee for the last couple of
years, he has been made extremely aware of the fact that localities are
really doing more than the State is as far as funding of education,
that for many years, local governments have funded educational costs
beyond their required share in efforts to provide quality education.
He further stated that the City and School Board would like to see an
increase in funding for the education, especially including the State's
share of actual costs of the Standards of Quality and that the City
also recom~nends no changes to the educational funding formulas, which
would reduce the State funding of any school division, without specific
notice of such proposed changes being given to each school division,
each local government, the Virginia Municipal League and the Virginia
Association of Counties, and that public hearings should be held with
respect to such proposed changes.
Mr. Musser addressed the matter of the Method of Calculating
Standards of Quality Costs for Education, and referred to the following
statement from the 1991 Legislative Program:
"The City urges the General Assembly to study the
methodology used by JLARC in calculating the costs
of the Standards of Quality to determine whether
the formula accurately reflects the actual costs of
logy appears to be inadequate in several respects.
First, it artificially lowers the State average
salary instead of using actual salary figures.
Second, it uses an artificially low limit on the
number of professionals per thousand students for
which State aid is given. Third, the methodology
779
does not address the cost differences in providing
education to students with special needs, such as
the inner city school population served by our
School Division."
With regard to inner city schools, Mr. Musser stated that there is
no consideration given to the tremendous percentage that each one of
these inner city schools and divisions have in order to try to provide
the education, and he believes that somewhere we need to recognize
this, that the City serves in the magnet school program and pulls
people into the system, but yet we do not pull the supporting money
into it, that the localities outside who let their children come in to
avail themselves of what we provide in the City do not send any money
with them, and the State does not allow any funding to cover this.
Vice-Mayor Musser addressed the matter of Equity in Funding for
Education and referred to the following extract from the 1991
Legislative Program:
"The Governor has appointed a study commission to
examine equity in the funding of public education
by the State. The commission is urged to recognize
the unique funding needs of urban school divisions.
Special education and disadvantaged students
comprise over 50% of the population in urban school
divisions. The large percentage of children with
special needs coupled with the fiscal stress preva-
lent in core cities requires additional State
funding for urban school districts."
Vice-Mayor Musser addressed the matter of Education - Elimination
of School Age Census, and referred to the following statement from the
1991 Legislative Program:
"Every three years, all school divisions conduct a
census of school age children residing in the loca-
lity. The census becomes the basis for the distri-
bution of State educational sales tax to the
locality. New methodology using pupil average
daily membership (ADM) would reduce the sales tax
distribution to urban localities with declining
enrollment. It is estimated that Roanoke City
would lose over $1.2 million in State educational
aid if such a change were to occur. This legisla-
tion should be opposed unless it incorporates a
.-_cc~!c..~ t3 n~n~nt urban school divisions from
losing State a~d."
78O
Vice-Mayor Musser al so addressed the matter of Education -
Enrollment Loss, and referred to tile following statement from the 1991
Legi sl ative Program:
"The last Session of the General Assembly continued
the enrollment loss provision for school divisions
with declining enrollment. State educational aid
was continued for each student lost through
enrollment decline at 80% of the prior year
enrollment. This legislation should be continued
for the next Biennium in order to protect school
divisions with declining enrollment from a substan-
tial loss of State aid."
Vice-Mayor biusser further addressed the matter of Education -
Opposition to Teacher Salary Mandates, and referred to the following
statement from the 1991 Legislative Program:
"The City strongly opposes State mandates for
teacher salary increases. These mandates take away
local officials' ability to make appropriate budget
decisions and have imposed undue financial
hardships on local governments. Further, the
teacher salary mandates have created tensions in
local governments when salary mandates are funded
at the expense of salary increases for other local
government employees."
Mr. Musser stated that the City is well aware of the fact that the
teacher salary mandates in a lot of areas have been able to bring the
teachers' salaries up to the level they should be, and may not have
reached that level had it not been for these mandates; however, it puts
localities in a difficult position, and that it is hard to justify a
sizeable increase in teachers' salaries at the expense of other
employees. He referred to an amendment that was passed in the State of
Florida which provides that the State legislature provide the funding
to pay for programs it requires local governments to carry out; in
other words, if the State is going to mandate it, they have to pay for
it, and if they do not pay for it, they do not mandate it. He pointed
out that the amendment passed on a 60%+ vote throughout the State of
Florida in November, 1990, and that he would not be opposed to pursuing
such an amendment in the State of Virginia.
Finally, Vice-Mayor Musser addressed the matter of Education -
Teacher Arbitration, and referred to the following excerpt from the
1991 Legislative Program:
781
m
"For several Sessions, the General Assembly has
considered amending the State Constitution to
require that a third party arbitrator be the final
authority in the teacher grievance process. School
boards would be stripped of their current constitu-
tional authority to make many key personnel deci-
sions relating to teachers.
A system which prohibits school boards from
disciplining teachers is not in the best interest
of the public. The General Assembly is urged to
defeat any resolution requiring a referendum on the
proposed constitutional amendment."
Mr. Musser expressed appreciation to the legislators for their
presence. He stressed the importance of the Commonwealth of Virginia
maintaining its quality of education, and urged that the General
Assembly give the localities credit for what they are doing and asked
for their assistance.
Mrs. Bowles addressed the matter of drug abuse, and referred to
the following statement from the 1991 Legislative Program:
"The City and School Board are vitally concerned
about the drug abuse epidemic and the problems it
is causing to society. To combat the drug problem,
City Council funded eight new law enforcement posi-
tions in the City's 1989-90 Budget.
To assist in fighting the drug problem, local law
enforcement agencies should be permitted to retain
the confiscated assets of drug dealers to be used
to defray the costs of enforcing drug laws.
Therefore, the City supports passage of the pro-
posed constitutional amendment to implement this,
and urges the General Assembly to make Virginia's
asset seizure program at least as effective as the
federal program.
The City also endorses expanded funding for drug
education and treatment to reduce the demand for
illegal drugs. Special programs for education and
treatment are needed in jails and prisons."
...... J ....... ,.!-1 am ,.,.i 1 1 An1 V be
address~ once we are co~itted to putting ~re funds i~to'educatidn.
Mrs. Bowles also addressed the matter of Safe Drinking Water, and
referred to the following excerpt from the 1991 Legislative Program:
782
"The City recognizes the State's role in enforcing
the Federal Safe Drinking Water Act as long as the
costs of enforcement are funded through the general
fund. The City is opposed to any tax or assessment
on production of drinking water."
Mrs. Bowles further addressed the matter of Assessment for
Courthouse and Jail Maintenance, and referred to the following excerpt
from the 1991 Legislative Program:
"The 1990 Session of the General Assembly autho-
rized the 9overnin9 bodies of cities and counties
to impose a new assessment as a part of the fees
taxed as costs in each criminal or traffic case in
a district or circuit court in an amount not in
excess of $2.00. See §14.1-133.2, Code of Virginia
(1950), as amendea. The assessment is to be used
for the construction, renovation or maintenance of
courthouse or jail facilities and to defray
increases in heating, cooling and electricity
costs. This legislation expires by its own terms
on July 1, 1991.
City Council requests that this helpful legislation
be continued indefinitely. Operation of a court-
house and jail are State mandates, and this
assessment defrays a small portion of the unfunded
cost of these mandates."
Mayor Taylor commented that the Legislative Program has been com-
piled by the City Attorney, Mr. Wilburn C. Dibling, Jr., who has
invited the input, suggestions and recommendations of the school and
city officials, and has done outstanding job, and that of equal impor-
tance has been Mr. Dibling's presence in Richmond. The Mayor stated
that it is very heartwarming to have a City Attorney who has the unique
ability that is constantly demonstrated by Mr. Dibling, and he
expressed appreciation to Mr. Dibling for his efforts in putting
together the fine Legislative Program.
The City Attorney commented on certain technical and legal issues.
With regard to the grievance procedure, Mr. Dibling stated that the
General Assembly has adopted certain requirements for local government
grievance procedures, that there are minimum due process requirements
that we must all comply with, and that our local grievance procedure
meets all the mandatory requirements of the State procedure. Mr.
Dibling stated fha+ +h~ ~i-~-~ GF Li,~ State utrlce ot ~mployee
Relations Counselors has attempted to impose a uniform statewide
employee grievance procedure on all local governments allowing no
flexibility, and from discussions with members of the General Assembly
783
ii
he believes that none of the members intended that. He pointed out
that the statewide procedure which has been attempted to be mandated is
very time consuming and very cumbersome, and it turns what should be a
quick, informal due process proceeding into a full-blown adversarial
judicial type proceeding complete with discovery. He urged the repre-
sentatives of the General Assembly to protect the City from this in
order to allow flexibility in local grievance procedures as lon9 as
they comply with minimum provisions of State law.
Mr. Dibling addressed the issue of Immunity for Staff and
Volunteers in Youth Athletic Programs, advising that the City has many
non-profit, youth athletic programs which are supported by several City
employees and many volunteers who serve as coaches, assistant coaches,
league officials, and other volunteer positions, and stated that it is
well known that these positions expose these persons to risk because
these athletic programs involve high risk activities, and if the City
is going to continue to provide these activities which are so benefi-
cial to our youth, he urged the General Assembly to extend immunity to
the local government employees and volunteers who oversee the activi-
ties.
With regard to the issue of Notice of Claims, Mr. Dibling referred
to Section 8.01-222 of the Code of Virginia (1950), as amended, which
requires that when a personal injury or property damage occurs on local
government property and claim is to be made against a city or town,
that the claimant must give written notice of that claim within six
months after the occurrence. He stated that compliance with the State
code section is simple, that a claimant merely needs to state the
nature of the claim and the time and place at which the injury
occurred, yet at the last several sessions of the General Assembly
bills have been introduced to repeal this valuable notice requirement.
He urged the City's representatives to the General Assembly to oppose
those bills, inasmuch as the City believes this Code section serves a
vital purpose for localities, in that the notice provides the oppor-
tunity to correct any defect that occurs on public property which may
have caused injury before another injury occurs, and it affords the
city or town a fair opportunity to investigate the facts and cir-
cumstances relating to a claim. He stated that the City has hundreds
of miles of streets and sidewalks and usually becomes aware of a slip
and fall or trip and fall only when notice is filed, that fresh notice
is essential to the conduct of any meaningful investigation, and that
if Section 8.01-222 is repealed, cities and towns will frequently first
learn of a claim after the fact when suit is filed, which can be up to
two years after the accident has occurred, and at that time it may be
impossible to conduct an investigation of the facts and circumstanr~
l'.l~blm,~ LU Lilt ;,,~UI~. ::C -%~-J t:,~L a iocamlty is unlike a private
property owner who is usually aware immediately of an injury on his
property, and urged the legislators to allow cities and towns to keep
this vital section in the State code.
784
The City Attorney advised that there are other important issues
contained in the Legislative Program that he had not attempted to
cover, which are selfexplanatory; however, this does not mean that they
are unimportant or do not have priority, it simply means that they may
be carried over from a previous legislative program or they are so
clear as to not require an explanation.
Mr. Dibling stated that he looks forward to working with the mem-
bers of the City's delegation to the General Assembly, who are always
most responsive to the needs of the City and its people.
School Board Chairman James M. Turner, Jr., commended the City
Attorney, the members of City Council and the Legislative Committee for
putting the Legislative Program together and commended the efforts of
City Council for stating the case for education in the schools. He
stated that the legislators have been made aware that the schools have
needs and that City Council endorses those needs, and that the School
Board knows it is a tough time this year and is committed to working
with the City Council to get through the tough times as amicably as
possible. Chairman Turner stated that the School Board did not have
any formal remarks in light of what has been said by the Council con-
cerning education, even though they would like to observe as a backstop
during the legislative months in Richmond, and that if there is any
information or backup that the School Board or school administration
may provide to the legislators during their deliberations, the members
of the School Board, School administration and City administration will
provide whatever information is requested.
With regard to funding equity, Chairman Turner stated that as the
Committee on Funding Equity submits its report to the legislators, the
members of the School Board and the City Council are aware of the pecu-
liar needs of an urban school system which has needs that other school
systems do not have, and when the legislature discusses funding equity,
those needs should be considered and acted upon. He stated that the
City has many more disadvantaged children and families in the urban
areas than other places in the State, and urban areas such as Roanoke,
serve as a magnet or a mecca for families that have children with spe-
cial needs, and it is the City of Roanoke. schools in this area that are
meeting the needs of such families.
Chairman Turner pointed out that the School Board amended its
legislative "wish list" after it was sent to City Council, and that one
of the things the City has been concerned with for some time is the
racial isolation that tends to take place in a community such as
Roanoke, that it is particularly troublesome now with
~n~^ll--"l~--'-t .., ~,,: Ya1~uy, ~;)~dC up:., :,,,vll,,~,,~ *s something that is
vogue right now and it is something he believes the City schools
endorse overall, but when the freedom to go to schools tends to
increase the racial isolation in a particular school, it is felt this
needs to be looked at. He stated that the School Administration has
come up with a very innovative proposal to deal with that, and it deals
m
with how funding follows a student that might opt to leave the City
schools and go to the County or come from the County into the City,
that if a student were to leave and it will help the racial balance of
the school, it is felt that it would be proper for the State funding to
follow that student, but if it tends to increase the racial imbalance
in a school, a proposed solution would be to have half the State
funding follow the student and the other half remain in the school
district where that student would have attended school.
Mr. Bowers, who serves as Chairman of the City's Legislative
Committee, expressed appreciation for the hard work by the City
Attorney and his staff for presentation of the legislative agenda again
this year. He stated that the formation of the Legislative Committee
this year by City Council is probably indicative of the City's aware-
ness of how important this document really is to its well-being over
the next year or so, that we have a long-standing history of indepen-
dent cities in the Commonwealth but in truth, we are very inter-
dependent on other governments. He stated that he believes it was the
intention of City Council to say that we need to give greater emphasis
to the relationship that the City has with its legislators to the
General Assembly, and with that in mind, the Legislative Committee was
formed and the Committee will be looking forward to exploring ways that
it can build that relationship and increase joint efficiency over the
next couple of years. He stated that he looks forward to working with
the legislators and the City Attorney on these matters in Richmond, and
expressed appreciation to the School Board Chairman and members for
their presence. He further stated that Vice-Mayor Musser, as Chairman
of the Educational Policy Committee, has become very proficient in edu-
cation issues as they affect our City and the State, that the City is
very fortunate to have Mr. William White on Council, and together they
make a good team for us, and as these issues come up, he urged the
School Board members to contact Mr. Musser, Mr. White, Mr. Dibling or
himself.
The City Manager stated that in the past when he attended these
meetings with the legislators, he always came with great hope about
what the members of the General Assembly wanted to be able to bring
back in terms of revenue for this City, and this year, he comes with
the hope that they can cut losses in terms of what the City is going to
lose. He cited the following figures that the City is having to live
with: this year, there was an actual loss of State revenue to this
City administration in excess of $1 million, that the School
Superintendent essentially had a one-half million dollar loss in reve-
nue, that the General Assembly was creative or VRS was creative in
time o i of that impact, and the Superintendent is anticipating
as much as another $300,000 loss on top of that. The City Manager
further stated that as we look at next year, the numbers really are not
any better, and as a matter of fact, it is believed they are worse.
Again, he stated that the City feels that there is going to be a loss
of roughly $1 million in the City administration side, and realisti-
cally, probably in the range of $1.3 million to $1.5 million in loss of
revenue to the Roanoke City schools, and the bad news is that there is
no known escape clause for the schools to deal with this.
785
786
The City Manager sun~narized by stating that the City has lost
roughly $3.5 to $4 million in State funds, and he appealed to the
legislators not to let any more than has to be cut happen, because the
City is getting close to the point where the)-e are not solutions at the
local level without impacting education and services that are provided
to the citizens. With regard to State mandates, the City Manager
stated that at the same time the City is going to have a loss in reve-
nue, we are still living with mandates. He referred to the issue of
mandating salaries for school employees, stating that ultimately the
City Council has to identify those funds and it is difficult to explain
to a police officer or fire fighter or refuse collector why the State
has a special interest in salaries for a particular classification of
employee when the money has to be identified back at the local govern-
ment level and City Council has to decide wily and justify to the people
why they are not worth in this society the same amount of salary
increase. He reiterated again that the City may have a $3 to $4
million loss of revenue in the two year biennium, and that he believes
this co,~nunity is going to have to quickly come to an understanding
that if the State funds are not there and if the City taxes remain at
the level we have at this local government, that we are going to have
to make some very hard choices at local budget time. On the positive
side, Mr. Herbert stated that when you look at local economies, the
City of Roanoke is doing quite well in some revenue categories, but not
enough to overcome the kinds of losses that we see in State revenues.
He stated that it is the good news/bad news scenario, that we have at
least a moderately strong local economy, but the bad news is that we
are not going to be receiving these funds from the State government.
The Mayor con~nented that through the good times and the bad times,
the school system has continued to move progressively forward in its
effort to achieve academic excellence and he applauded the School
Superintendent, all the members of the School Board, and the City admi-
nistrators for their achievements.
The School Superintendent commended the efforts of the City's
representatives to the General Assembly, stating that the children of
Roanoke City have had no stronger advocates at the State level than
these gentlemen. He expressed appreciation to Vice-Mayor Musser for
his work with the Virginia Municipal League and for the progress that
has been made. Dr. Tota stated that one of his concerns has been and
continues to be giving the legislators information so that they may
continue to look out for the City and our schools. He stated that the
City does not have the ills of other urban centers, that we are basi-
cally a racial integrator and have not become that inner city core that
people are inclined to get out n~ *~-~* .................
...... ,~,, -,~,n bu~ white and 40'~ black; however, drastic cuts could
mean a change in quality not only in City schools but in the entire
City. He stated that where we have seen growth in the City due to the
innovations of City government, we have also seen growth in the City
due to the innovations of the School Board, such as at Highland Park
and Oakland Elementary Schools where renovations of the schools have
meant improved sites, so there is that balance of economic development
that is directly affected by schools.
787
Dr. Tota further stated that the school administration appreciates
the enrollment loss provisions, and urged the legislature to keep that
enrollment loss provision, not because we want money for children who
are not there, but because we do need smaller class sizes and if we
lose one or two children per class, it does not mean we can give up
entire classes. He said that even though the City schools' enrollment
continues to decline slightly during the year, the special education
enrollment grows, that the schools are now 15% special education, which
is almost twice the national average. He said that since September 1
of this year, while the regular enrollment has declined, over 92 have
entered tile City with special education needs.
Dr. Tota mentioned that the school system is reapplying for magnet
school grants, that in the last four years the schools have received $8
million from the Federal government, and that the City school system is
one of only about 15 in the country out of 16,000 school divisions.
Again, Dr. Tota applauded the legislators for their efforts. He
stated that while the State has begun to reduce its bureaucratic
government, Roanoke City schools are still one-half percent below the
state average in administrative costs, which means that even though
they have the third or fourth highest low income student group in the
State, Roanoke City schools are one of the ten percent largest school
divisions in the State who rank below the middle.
Senator Macfarlane stated that this meeting has been particularly
informative and he has benefited from the comments made. With respect
to mandates, Senator Macfarlane stated that he believes the word
"mandates" is probably just another word for regulations, that not long
ago a prominent American gave a speech and in part, he said that in the
last thirty years this country has changed from a country of laws to a
country of regulations. He stated that he believes this is true, that
the governmental requirements are being handed down to the State from
the Federal government and from the State to the localities, that the
State legislators do recognize the fact that regulations are being
heaped upon the localities, but in any event we are moving toward a
country of regulations and he believes we are just going to have to do
some adjusting to deal with this as best we can.
Senator Macfarlane agreed with those present that The Hotel
Roanoke project is probably without question the number one project for
this City and perhaps for the Valley. He said he believes now that
consolidation is behind us, that a successful Hotel Roanoke project
would go a long way in sending a message around the Valley that we are
.......... u,,u ,,uv,~,g ~,~du. me said that the bad news 1s I~ll~b ~,.~
capital markets have collapsed and for the last year that negotiations
have gone on and perhaps the best that the EPI real estate foundation
could expect is no more than a one-third to a forty percent loan to the
value of loan, which would be roughly $10 to $12 million on the $32
million, so that means about $20 million in cash is going to have to be
put into the project. He said this certainly is possible but it is
going to be very difficult to achieve. Senator Macfarlane stated that
788
one suggestion he would like to make is the possibility of selling cer-
tificates of participation. He stated that last year in Boston, a
Sheraton Hotel was financed with what are known as COPS certificates,
which were sold by the town outside of Boston down to a size of $2,500
and they funded the complete restoration of a great old and historic
hotel which is now a refurbished Sheraton in a small town that is in
the Boston metropolitan area. He stated that furthermore, the County
of Loudon sells bonds as their own broker/dealer down to $500 in size
and they advertise in the Washington Post and other newspapers that you
can buy bonds and invest in capital expenses in Loudon County. He
urged Council and the management to consider the possibility of being
their own broker/dealer and offering the citizens of the Valley, the
corporate citizens as well as the individual citizens the opportunity
to participate in this very worthy program and stated that he believes
the City could raise a good deal of equity capital, and encouraged the
City to investigate these opportunities.
Also with regard to The Hotel Roanoke, Senator Macfarlane stated
that it seems that it might be appropriate and worthwhile if City
Council would consider that there are three or four major convention
hotel owners here in the Valley, and it occurs to him that if a resolu-
tion were prepared wherein they would sign on and indicate their
interest in the Hotel Roanoke project going forward, it would go a long
way toward advising the business community that even those who are
already in the business, notably the Marriott, Sheraton and Holiday
Inns, are interested; and if all of those owners would sign the docu-
ment, that the City would then prepare and send up to V.P.I. and at the
same time publicize it, he believes it would go a long way in the busi-
ness community, to kind of link those people and equity owners into the
project and show that the entire hotel complex in this City was behind
the project and interested in seeing it go forward.
With regard to priorities in general, Senator Macfarlane stated
that the finality of the consolidation vote opens up a vast arena of
opportunity for the Valley, and in his view, if there is anything that
the Valley really needs, it is united policy-making and some kind of
united priorities set, and he urged Council to start now and set down
priorities in conjunction with the County, Salem and Vinton in an
effort to have a valley-wide priority setting program, some kind of
method to set priorities. He stated that perhaps an ad hoc committee
could meet and try to set down a valley-wide set of priorities of
achievable projects and then present that, and everybody put their
political and economic muscle behind it and move it forward on a quad-
lateral basis.
......... ..~ ~u ~ne etTorts following the Flood of 1985, Senator
Macfarlane advised that he has been talking with the City Manager
regarding what the City has done in the past few years regarding a
retention basin and the other various storm drainage activities, and
that he believes this is a very good group of items and encouraged the
City Manager to consider the possibility of a flood gate at the Elm
Avenue underpass previously discussed with Norfolk Southern and the
City Engineering Department.
789
Finally, with respect to education, Senator Macfarlane stated that
while he does not believe the cupboard is bare, he is not sure that the
news overall for Virginia is good. He referred to the fact that forty
school superintendents in the disadvantaged, primarily rural areas in
Southside and Southwest Virginia, have hired former Attorney General
Andy Miller and they are preparing for the possibility of suing the
Commonwealth of Virginia for over-disparity or lack of parity of
funding. He said that his feeling is that this particular session of
the General Assembly will try to hold everything as they go and wait
and see what will happen. Senator Macfarlane stated that in Lee
County, there are 63 class offerings in high school for seniors and at
Thomas Jefferson High School in Fairfax County there are 167 offerings,
which illustrates a lack of parity in high schools and education, and
he believes examples such as this are going to be the watershed of the
school fund. He stated that the General Assembly will either solve it
in a legislative fashion or it will be solved for us in the courts and
come back to us perhaps as it did in Texas.
Senator Macfarlane expressed appreciation for the opportunity to
listen and to speak on some things that are personally important to him
and to the City. He stated that he will be working on the Charter
changes this year, and that Messrs. Woodrum and Thomas will work with
the City on the Hotel Roanoke legislation the City is requesting.
Delegate Thomas expressed appreciation for being invited to par-
ticipate. He stated that he does not remember a time when the budget
situation has been any tighter than it is now, that the situation is
going to get tighter, and that he expects to hear more news about the
State's budget shortfall in late January. He stated that he believes
all of the legislators will look very closely at any mandates coming
down and he does not know of any mandates that are already in place
that could be relaxed, but if there is a way without doing harm to
quality education and social work, he is sure they will be looked at,
although he cannot make any promises. He stated that where there is
any money this time around, they are already grabbing it because of the
shortfall. He stated that Roanoke is in much better financial con-
dition than most localities because Roanoke had the vision and
forethought to do some things in past years, that had the City not done
this, it would be in worst shape than any other place in the
Commonweal th as it relates to water and sewer and many of the
infrastructures that are critically important, and that the City had
the foresight and vision many years ago and kept it up, which is to the
City's advantage. He stated that he does not know what is going to
cnm~ n~rl' ne ~h~e ~?!CT,, ~uL L~mc ne will be ever ,.~,,dFu~ uF ,ii~,i~&2L;.
on the four committees that he serves on.
Delegate Thomas stated that the General Assembly is passing flood
legislation, that a trust fund has been set up, and they are also
passing legislation for localities and hopefully, this year something
will be included in one of those pieces of legislation to authorize
fees for localities, that this is something that is really needed and
that he applauds the efforts the City has made for flood reduction in
the Valley and in the City. He stated that the legislators will
endeavor to cut losses and hold as much as possible.
790
Delegate Thomas commented that he looks forward to working with
the City Attorney, the School administration, the members of City
Council, and the Chairman of the Legislative Committee, and that he is
very much interested in the Governor's school and would like to see it
continued.
Mr. Baker Ellett, speaking on behalf of Delegate Woodrum,
expressed appreciation for being invited to the meeting, and stated
that he looks forward to working with the City's representatives in
Richmond.
Mr. Musser expressed appreciation to Senator Macfarlane and
Delegates Thomas and Woodrum for the work they performed on getting the
legislation through on the consolidation issue.
In closing, Mayor Taylor stated that all of the City officials are
very thankful and most appreciative for the outstanding efforts of the
City's team in the General Assembly and thanked them for makin9 time in
their schedules to meet with the Members of City Council and the School
Board. He applauded the legislators for the accomplishments that have
been achieved on the City's behalf and stated that the City waits with
anxious anticipation to see the results the legislators are going to
bring into being this year in the upcoming session of the Virginia
General Assembly.
The Mayor presented the legislators with a Virginia pewter cup
embossed with the Roanoke City seal.
There being no further business, the Mayor declared the special
meeting adjourned at 3:35 p.m.
APPROVED
ATTEST: .~..~~
City Clerk
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1
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
December 17, 1990
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, December 17, 1990, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the Cityof Roanoke
(1979}, as amended.
PRESENT: Council Members William White, Sr., David A. Bowers,
Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Howard E.
Musser and Mayor Noel C. Taylor .......... 7.
ABSENT: None ..........
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
Wilburn C. Dibling,'Jr., City Attorney; Joel M. Schlanger, Director of Finance;
and Sandra H. Eakin, Deputy City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Two elementary school students
from the Roanoke City Public Schools appeared before Council and pre-
sented the Mayor and Members of Council with notepads.
The Mayor expressed appreciation to the students for their presen-
tation and for the gifts.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss the dispo-
sition of publicly held property, being the possihl~ ~!~ cf ~0~ Sth
S~,==~, 3. ~.; o,,d pursonne) matters relating to vacancies on various
authorities, boards, commissions and committees appointed by Council.
COUNCIL: A communication from Council Member Elizabeth T. Bowles
requesting an Executive Session to discuss the disposition of publicly
held property, being the possible sale of 306 - 6th Street, S. W., pur-
suant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
2
ACTION:
ACTION:
Mr. Fitzpatrick moved that Council concur in the request of
Council Member Bowles to convene in Executive Session to discuss the
disposition of publicly held property, being the possible sale of 306 -
6th Street, S. W., pursuant to Section 2.1-344 (A) (3), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ...... 7.
NAYS: None ......... O.
COUNCIL: An oral request of Mayor Noel C. Taylor for Council to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended, was before the body.
Mr. Fitzpatrick moved that Council concur in the request of the
Mayor to convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (A) (1),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ........ O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-TRAFFIC: Mr. David M. Nance, 3555 Grandin Road, S. W.,
appeared before Council and advised that three months ago, he
addressed Council on behalf of 191 City residents and over 100 Roanoke
County residents regarding the placement of the traffic sign on Grandin
Road Extension which prohibits left turns onto Mudlick Road. Ne stated
that he has received a copy of the City Manager's communication of
December 14, 1990, regarding this matter and expressed appreciation to
the City Manager, Assistant City Manager, Director of Public Works,
Traffic Engineer, Chief of Community Planning, and Neighborhood
Partnership Coordinator for their efforts.
Mr. Nance referred to other m~,:,,-~- ~'~- ~-'~
..........- - ~ i~d~mager intends to
take along Muom~cK Road, specifically, the three-way stop sign at
Westchester, new white edge line striping on Mudlick Road, and the
advisory 15 MPH speed limit sign near the intersection of Mudlick and
Windsor Roads. He stated that insofar as these measures are designed
to slow traffic down to the posted speed limit, the residents have no
problem with them, that the residents along Mudlick Road have every
right to expect the 25 MPH speed limit to be observed and enforced as
3
ACTION:
ACTION.
do the residents along the other streets in the City, that the resi-
dents along Grandin Road will also be watching to see if these new
measures have the desired effect, as they are equally concerned about
motorists observing the posted speed limit on their street, and that
they also will be anxiously awaiting the results of the March 1991
traffic counts on Grandin Road and the other major streets in the
Deyerle neighborhood and how these counts compare with those from March
1990. He stated that it is his understanding that these counts are to
be used as the basis for determining what additional traffic control
measures may be appropriate, and that perhaps, some of these same
measures being installed on Mudlick Road can work equally as well on
Grandin Road.
Mr. Nance further reminded Council and the Administration of one
particular action strategy listed on page 25 of the Greater Deyerle
Neighborhood Plan and how it relates to this issue. He explained that
this plan is one of many being developed jointly by the City and it
citizens as part of Roanoke Vision which guides the City's future
growth and development to the year 2005. He referred to the action
strategy listed under the heading "Traffic and Transportation," as
follows: "Minimize increased traffic on Mudlick, Deyerle, Keagy and
Grandin Roads." Mr. Nance stated that according to this document, this
is to be a joint effort between the City Engineering department and the
neighborhood organization and when the plan was drafted, it was sche-
duled to begin within one year. He said that it is his hope that the
Greater Deyerle Neighborhood Association will include a representative
from Grandin Road in any future discussions and negotiations with the
City.
Mr. Bowers moved that the remarks of Mr. Nance and the City
Manager's communication under date of December 14, 1990, be received
and filed. The motion was seconded by Mr. Harvey and unanimously
adopted.
COMPLAINTS-STREET LIGHTS: Mr. Davis S. Luck, 621 Allison Avenue,
S. W., Apt. 2, appeared before Council and presented a petition signed
by residents of the 600 block of Allison Avenue, S. W., requesting the
installation of street lights in the area. He referred to an old City
law governing the placement of street lights every 600 feet in the City
of Roanoke, and stated that there are trees blocking the street lights
in his neighborhood, that there have been problems with vandalism
because of this, and that the residents are requesting that one street
light be moved to another pole and that an additional street light be
added in the area.
:-:F. ::Gr~cy ~G~J thoL ~h~ matter be reterrea to the Clty Hanager
for study, report and recommendation to Council. The motion was
seconded by Mr. Fitzpatrick and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
4
ACTION:
HOUSING-BONDS: A communication from Mr. Alton L. Knighton, Jr.,
Attorney, representing the City of Roanoke Redevelopment and Housing
Authority, requesting approval of a plan to assist United Dominion
Realty Trust, Inc., in tile acquisition and rehabilitation of an
approximately 212 unit multi-family residential rental project known as
Hilliard Road Apartments located at 2812 Hilliard Road in Henrico
County, Virginia, by issuance of the Authority's multi-family housing
revenue bonds, in an amount not to exceed $6,000,000.00, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#30340-121790) A RESOLUTION approving the issuance of bonds of
the City of Roanoke Redevelopment and Housing Authority (the
"Authority") for the benefit of United Dominion Realty Trust, Inc., a
Virginia corporation (the "Developer"), to the extent required by
Section 147(f) of the Internal Revenue Code of 1986, as amended (the
"Code"), and Section 15.1-1378.1 of the Code of Virginia of 1950, as
amended (the "Virginia Code").
(For full text of Resolution, see Resolution Book No. 52, page 173.)
Mr. Bowers moved the adoption of Resolution No. 30340-121790. The
motion was seconded by Mr. Fitzpatrick.
Mr. Harvey referred to the current renovation of the Patrick Henry
Hotel and inquired as to whether this project would in any way take
away from any local money that someone in Roanoke might ask for, and
whether there is a cap on this particular loan entity and if it would
prevent a local group such as the group renovating the Patrick Henry
Hotel from applying for a loan; whereupon, Mr. Knighton replied that it
could, under certain circumstances, have a negative effect. Mr.
Knighton explained that under the allocation system, Virginia has split
up the available allocation for tax-exempt bonds into several different
categories, one of which is multi-family housing, that this is not
further allocated among the localities so it would not be using up
anything that the City itself might have, that it is done purely on a
statewide basis on a first-come first-serve arrangement, that there is
the possibility that if this financing got in first next year or
earlier than another Roanoke project and the Roanoke project came in at
the back-end that it could cut the Roanoke project out. He said that
the Housing Authority has not been approached by anyone else to do a
financing here, and that there is also the uoss~h~l~t,y that if
'~F6 ,,uA done ~nrougn t~e ~oanoke Housing Authority that another
Authority in the State would do it and cut Roanoke out anyway.
Mr. Fitzpatrick stated that his understanding of the Patrick Henry
project is that it will be primarily for transient use and will be
restored primarily for use as a hotel, and that those units currently
being rented on a monthly basis will be maintained because they have
long-term leases, so he believes we are dealing with different cate-
gories of funding than this particular project requires.
ACT ION:
Mr. Theodore J. Edlich, Executive Director, Total Action Against
Poverty, appeared before Council and stated that although he has no
specific project in mind, he would like for Council to be aware that
T.A.P. has started a non-profit housing corporation whose intent is to
develop low-income housing within the total T.A.P. area and he believes
there will be some projects coming at some point in the next year, and
that there are efforts that could be developing or rehabilitating
multi-housing or low and moderate income housing within the next twelve
months.
Mr. Bowers stated for the benefit of Council, that the same
questions that were raised by Council Members were likewise raised on
two occasions by the Housing Authority, and that he wanted to advise
Council that the Housing Authority recommends City Council's approval
of this. He pointed out that there would be no cost to the City, and
in fact, there is some benefit in that there is so~ kind of a pro-
cessor's fee much like a bank handling a loan. He stated that the
Housing Authority had worked with United Dominion Realty on at least
one other occasion for the renovation of Spanish Trace Apartments on
Salem Turnpike into Laurel Ridge, that the Roanoke Housing Authority is
the only housing authority in the metropolitan area, with the next one
being Danville, Marion or Staunton, and the City may be breaking some
new ground on this because a private developer like United Dominion
that has properties in other areas may be looking to build or redevelop
other housing units with some emphasis on moderate and low rent income
renters, and it is possible that the Roanoke Housing Authority could
process that funding in other jurisdictions more immediate than
Henrico County.
Mr. Knighton advised that this is a financing that would be struc-
tured so that the Housing Authority would have essentially no ongoing
responsibilities, that none of the Authority's man-hours would be used
up after the closing of the financing and very few before, and that the
Authority would realize an annual fee from this, so there would be a
net inflow of money to the Valley.
Following discussion of the matter, Resolution No. 30340-121790
was adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor .............................................. 7.
NAYS: None ..............................
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY-TAXES: A com-
Action Against Poverty in the Roanoke Val°ley, requesting that Council
set a public hearing for Monday, January 14, 1991, at 7:30 p.m., to
consider a request for tax exemption of property owned by Total Action
Against Poverty, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
6
ACTION:
Hr. Harvey moved that Council concur in the request of Total
Action Against Poverty to schedule a public hearing for Monday,
January 14, 1991, at 7:30 p.m., or as soon thereafter as the matter may
be heard. The motion was seconded by Mr. Fitzpatrick and adopted, with
Council Member White abstaining.
Mr. Harvey requested a clarification from Mr. Edlich with regard
to the fact that there would be no properties involved in this request
that would be of a commercial or income producing nature; whereupon,
Mr. Edlich advised that he has met with the City Attorney to discuss
this and stated that the properties in question are the supermarket on
Melrose Avenue which is not currently in operation, and also the Dumas
Hotel which is being renovated for a music center and will have a non-
profit status as far as Total Action Against Poverty, but as that area
develops, if it is put to a commercial use, then whatever portion wi]]
cease to be tax-exempt.
Mr. White noted for the record that he abstained from voting on
this issue because of a possible conflict of interest.
Mrs. Bowles inquired of the City Attorney as to whether she should
also abstain from voting on this issue inasmuch as she is on the Board
of Directors of Total Action Against Poverty; whereupon, the City
Attorney advised that he understands that Mrs. Bowles is an unpaid
member of the Board of Directors of Total Action Against Poverty, and
the Conflict of Interest Act has reference to those who have a material
financial interest and since she is an unpaid member, she does not have
a material financial interest, and there is no requirement that she
abstain.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
PUBLIC WORKS: The Assistant City Manager called upon Mr. Gary
Fenton, Manager of Parks and Recreation and Grounds Maintenance, to
share certain information with regard to the Citywide Leaf Collection
Program.
Mr. Fenton advised that during the past six weeks his staff has
been collecting leaves from the streets of the City and taking them to
an area where they eventually decay so that the material may be used
for horticultural purposes. He stated that leaf collection is a
c:;oli~,,~;,-,§ ~o~k, ~,;~&~. ~',~F~- afc o,~,- 3G,66u homes To be serviced in
the City, utilizing 65 employees in the effort, and that salaries
devoted to leaf collection total about $140,000, $37,000 of which is
for seasonal, part-time employees. He stated that during leaf season,
his staff must continue to address other needs such as street sweeping,
tree maintenance, weed control, maintenance of parks and median strips,
ball field preparations and snow, and that these other demands make it
impossible to put all of the parks/grounds employees on leaf collec-
tion. He said that leaf collection efforts can be hampered by weather
7
conditions, inoperable equipment and piles of leaves which contain
trash, twigs or any materials other than leaves, that when it snows,
leaf collection and every other maintenance need in the department stop
while literally all of the maintenance staff works on clearing roads.
He said that rain impedes their efforts by reducing the efficiency of
the vacuums, and that large twigs, limbs and other materials in the
leaf piles must be removed manually as they can clog the hoses and
cause damage to the vacuums. He stated that another factor which
complicates the process is temperature, that if warmer temperatures
continue longer than expected, leaf fall is generally delayed, if the
frost then hits and wind follows, there are more leaves and more
complaints. He said that early November is the latest leaf collection
efforts can begin without risking the problem of the snow season and
the leaf season hitting at the same time. He explained that there are
25 collection zones and referred to a map showing the location of the
zones and how each zone falls in the leaf collection process. He
referred to an alternative service offered by the Department of Public
Works which is the collection of bagged leaves for recycling, a process
whereby leaves are collected in bags from the front curb the work day
after the normal trash pick-up, pointing out that this process has
worked well and satisfies a lot of people. He stated that in the first
five weeks of the program, over 50,000 bags of leaves have been
collected, which is an estimated weight in excess of 400 tons, or close
to 9,000 cubic yards of unmulched leaves that have been diverted from
the landfill. He noted that when leaves are dumped in a landfill and
covered with soil, it takes many, many years for them to rot.
Mr. Fenton advised that his department is continuing to look for
more efficient ways of leaf collection, that in addition to zone modi-
fications next year, consideration may be given to having staff work
four ten-hour days which cuts out one day of travel to and from zones,
having some employees work Monday through Friday while others work
Wednesday through Sunday, and possibly offering additional pick-ups for
a fee. At this point, Mr. Fenton showed a slide presentation on the
leaf collection program.
Following the slide presentation, Mr. Fenton addressed questions
and coninents by the Members of Council.
ITEMS RECOMMENDED FOR ACTION:
JUVENILE DETENTION HOME (CRISIS INTERVENTION CENTER): The
Assistant City Manager submitted a written report on behalf of the City
Manager advising that the City currently operates a crisis intervention
center - Sanctuary, located at 836 Campbell Avenue, S. W., for
_ . ............................. ,~,,~ =~h;b;L
runaway, truant and i~corrigible behaviors related to so~ family
conflict; that the City has a legal obligation to provide protective
services for children determined to be in need of services by Juvenile
and Domestic Relations Court or in custody of the Department of Social
Services; and said facility is the only crisis/runaway shelter in the
western and southwestern region of Virginia, covering approximately
20,OOD square miles.
8
It was further advised that the Center serves 12 to 14 children at
a time for periods up to three weeks, providing a safe environment,
counselling, and assessment of the child's and family's needs; that the
Center serves approximately 225 families annually, regardless of family
income, but most children are from.low and moderate income families;
that the current building is leased and is in need of extensive rehabi-
litation work which would have to include the removal of asbestos and
correction of other safety hazards; and the essential rehab work was
recently estimated at $100,000.00, plus cost of asbestos removal, and
the City currently pays up to $30,000.00 per year for maintenance of
the building that it does not own.
It was explained that the City proposes to build a new facility
for Sanctuary to serve 15 children at a time, at Coyner Springs; that
the project is currently estimated to cost $464,300.00, including the
$22,500.00 value of the City-owned construction site, that the City
owns land at Coyner Springs in Botetourt County where the current City
Nursing Home and Juvenile Detention Home are located; and the following
are three potential sources of funding available to fund the construc-
tion project, of which only two would be necessary:
State Board of Youth and Family Services
appropriated $200,000.00 as a grant to reim-
burse the City of Roanoke 50 per cent of the
new facility for Sanctuary.
State Department of Housing and Community
Development has tentatively approved a low
interest loan, in the amount of $241,800.00,
at two per cent for 20 years under the
Virginia Housing Partnership Fund Congregate
Loan Program. Annual debt service would be
$14,679.00.
City General Fund has budgeted for fiscal year
1991, in the amount of $533,750.00 to fund
interest payments on the sale of the $15.25
mil 1 ion in general obligation bonds as
approved by voter referendum on May 1, 1990.
It is not anticipated that the bond will be
issued before June 30, 1991, therefore funding
could be reallocated. It is recommended that
$241,800.00 from the fund be made available
for the Sanctuary project.
It was furthor oznlm~-*a -~ .....
.......... ~ ~,,~ 6uLe~.uur~ county Planning
Commission has indicated a "Use Not Provided For Permit" will be
required to build a center on Coyner Springs property currently zoned
Agricultural A-l; and authorization by Council is necessary to proceed
with the "Use Not Provided For Permit" at this time, with additional
action by Council being anticipated per the schedule attached to the
report.
ACTION:
ACTION:
The City Manager recommended that he be authorized to apply to the
Botetourt County Planning Commission for a "Use Not Provided For
Permit"; that Council agree in concept to construction of a new faci-
lity for Sanctuary to be located near the City Nursing Home at Coyner
Springs in Botetourt County using the State grant of $200,000.00, plus
$241,800.00 in the General Fund Debt Service Account funds for
construction.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30341-121790) A RESOLUTION authorizing the City Manager to
apply to Botetourt County for all necessary permits and approvals to
allow the construction of a new Sanctuary facility on the Coyner
Springs property.
(For full text of Resolution, see Resolution Book No. 52, page 174.)
Mrs. Bowles moved the adoption of Resolution No. 30341-121790.
The motion was seconded byMr. Fitzpatrick.
The Reverend George K. Bowers, President of the Board for Youth
Haven I and II, 3508 Kenwick Trail, S. W., appeared before Council, and
advised that he understands that questions have been raised about the
expense being contemplated to establish a new home for Sanctuary and
with regard to the amount of money being out of proportion to the
number of young people being dealt with at the home. He stated that it
is important to keep in mind that this is a temporary residence; that
in the 10+ years the home has been there, more than 2,600 young people
have been taken care of; and that in addition, the State has approved a
program whereby the staff is working with youth on an out-patient basis
so they do not have to come to the home to live. He urged the public
and Council to take an interest in and support the program.
Resolution No. 30341-121790 was adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ........................... 7.
NAYS: None ........ O.
The Mayor referred to the portion of the City Manager's recommen-
dation that Council agree in concept to the use of the General Fund
Debt Service Account funds to match State grant reimbursement funds for
.............. . .,,,~,, .a~ ,,u~ ~,=~=u uy a~upLiu~! OT ~esolution No.
30341-121790, and asked for a motion to concur in the City Manager's
recommendation in its entirety.
Mr. Musser moved that Council concur in Alternative "A" of the
recommendations in the City Manager's report. The motion was seconded
by Mr. Harvey.
10
ACTION:
Mr. White offered a substitute motion that Council concur in
Alternative "B" of the recon~endations in the City Manager's report.
The motion was seconded by Mr. Musser.
The City Attorney advised that if Council wishes to concur in
Alternative "B" rather than Alternative "A", this involves the issuance
of debt under the Public Finance Act which would require appropriate
advertising and the holding of a public hearing, subsequent to which
Council would adopt a Resolution authorizing the issuance of that debt.
Mr. Harvey stated that this would require financing under the
Public Finance Act without voter approval, which he would not vote for,
and pointed out that the money is available and we can do it.
ACTION:
Following discussion of the matter, Mr. White withdrew the substi-
tute motion and Fir. Musser withdrew the second to the substitute
motion.
PARKS AND PLAYGROUNDS: The Assistant City Manager submitted a
written report on behalf of the City Manager advising that Rhodeside
and Harwell, INC., was hired in Flay, 1990, to undertake a study of Mill
Mountain whic'h would provide the City with the following:
Goals and object'ives for Mill Mountain.
Maps of sensitive areas/areas for development.
Development criteria to evaluate future project
proposal s.
Evaluation of five current proposals using the
established goals and development criteria:
Restaurant
Aerial tram/gondola from downtown
D-Day Memorial
Phase I - Mill Mountain Zoo expansion
Incline (historic alignment)
It was further explained that the Mill Mountain study was pre-
sented to the Planning Commission on November 7 and 21, 1990; that a
public workshop was held on November 13, !990, to discuss the goals and
development criteria in detail, that the development criteria was
revised to reflect comments from the public and the Planning
Commission, in which both were supportive of the proposed criteria;
*_sat f!ev(hilit¥ in administering the criteria was emphasized bv bnth
interest groups and the Planm)if,~ Cu.m.i~iufm 1;o ensure that all oppor-
tunities are adequately considered; and at its regular meetin'~ on m
November 21, 1990, the Planning Commission unanimously concurred in m
general with the goals and development criteria and recommended that ,
they be incorporated in the future update of the City's Park Plan. m
I
11
ACTION:
It was noted that the project evaluations completed by Rhodeside &
Harwell, Inc., have been made available to the proposers; that based
upon their current understanding and information available on the pro-
jects, none of the projects evaluated presently meet the critical cri-
teria that have been established; and it is anticipated that some
projects may be studied further, incorporating the criteria into the
design of the project.
The City Manager recommended that Council concur in general with
the goals and development criteria, as currently proposed for Mill
Mountain.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the recommendation.
motion was seconded by Mr. White and unanimously adopted.
The
Mr. M. Carl Andrews, Chairman of the Mill Mountain Development
Committee, appeared before Council- and r~ad a prepared statement
expressing support for the Rhodeside & Harwell Report. He stated that
the Mill Mountain Development Committee endorses the ten mandatory cri-
teria and the 30 other criteria that are discretionary, as possible
projects on the mountain, contained in the report of Rhodeside &
Harwel 1. ,
Mr. Andrews advised that the Committee would like to suggest the
following additional items:
-;
(1) a restaurant or adequate food services;
(2) an early agreement with the Zoo Board about
the future of its proposed expansion.
(3)
authority for the Parks & Recreation Depart-
ment to regulate any licensed or unlicensed
food and refreshments.
(4)
establishment of a process for receiving,
evaluating and making decisions on any pending
or future proposals or any additional
construction on, or revision to, the existing
features.
(5) consideration of prohibiting the possession of
~Dray paint in City parks.
In closing, Mr. Andrews stated that the members of the Mill
Mountain Development Committee are open to discussion with the Members
of Council or City officials at any time to further the development of
the mountain.
(For full text, see statement on file in the City Clerk's Office.)
12
ACTION:
HEALTH (MENTAL HEALTH SERVICES)-GRANTS: The Assistant City
Manager submitted a written report on behalf of the City Manager
advising that Council approved the fiscal year 1989-1990 Community
Development Block Grant (CDBG) program on April 10, 1989, pursuant to
Ordinance !(o. 29512; that the CDBG 1989-1990 program included a
matching grant to Mental Health Services for the renovation of the
Alcohol Detoxification and Rehabilitation Center located at 801
Shenandoah Avenue, N. W.; and Council appropriated CDBG funds on June
26, 1989, pursuant to Ordinance No. 29637, including $84,000.00 for the
Alcohol Detoxification and Rehabilitation Center renovation.
It was further advised that Council authorized a grant agreement
pursuant to Resolution No. 29909-10890, adopted on January 8, 1990,
between the City and Mental Health Services and authorized Amendment
No. i to the grant agreement, pursuant to Ordinance No. 30215-82790,
adopted on August 27, 1990 to increase the grant agreement by
$40,000.00 to provide for an elevator and other improvements; that
renovations on the Alcohol Detoxification and Rehabilitation Center
began in March 1990 and are progressing, that the contractor has not
completed the work as originally scheduled and needs additional time;
and the current agreement with Mental Health Services expires on
December 31, 1990, and needs to be amended to extend the contract time
by six months to allow the renovations to be completed, which amendment
will involve no additional funds.
The City Manager recommended that he be authorized to execute
Amendment No. 2 to the Grant Agreement with Mental Health Services of
the Roanoke Valley to extend the current agreement by six months for
renovation of the Alcohol Detoxification and Rehabilitation Center,
located at 801 Shenandoah Avenue, N. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30342-121790) A RESOLUTION authorizing the City Manager or his
designee to execute, on behalf of the City of Roanoke, Amendment No. 2
to the Grant Agreement with Mental Health Services of the Roanoke
Valley, dated January 16, 1990.
(For full text of Resolution, see Resolution Book No. 52, page 174.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30342-121790.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ......... 7.
NAYS: None ......... O.
BRIDGES-RAILROAD SIDINGS: The Assistant City Manager submitted a
written report on behalf of the City Manager advising that Norfolk
Southern Corporation is working on a plan to clear all height restric-
tions to double-stacked trains on its system between Norfolk and
Bristol, Virginia by mid-1991; that approximately twenty clearance
improvements are being made, including the enlargement of a tunnel in
Montgomery County and the open cutting of a tunnel in Shawsville; that
First Street Bridge, with an existing vertical clearance of 191~ feet
for the railway, is the only structure in the City of Roanoke which
prevents Norfolk Southern from bringing double-stacked trains through
Roanoke; and the desired clearance is 23 feet, noting that the railway
tracks beneath the Fifth Street Bridge provide sufficient alternatives
to allow double-stacked trains to pass beneath the bridge, however,
complete replacement of the Fifth Street Bridge within the next few
years will provide better clearance for more railway tracks.
It was further advised that maintenance of the existing 315-foot
long bridge, which was built in 1892, is presently shared on a fifty-
fifty basis by the City and Norfolk Southern in accordance with an
agreement under date of February 18, 1946; that the need to retain the
bridge for future vehicular and pedestrian use is desirable to link the
Henry Street area with Downtown Roanoke, as a supplement to the Second
Street/Gainsboro Road project; that Norfolk Southern Corporation has
developed construction plans and specifications for raising the First
Street Bridge to provide the necessary clearance for double-stacked
trains, as well as for repairs needed to maintain the bridge for
limited vehicular use as desired by the City; that the cost of approxi-
mately $300,000.00 to implement the raising and the cost of $70,000.00
for repairs would be completely funded by Norfolk Southern, which
should eliminate the need for the City to make major repairs to said
bridge for several years; and that Norfolk Southern has requested the
City to enter into an agreement to permit the work, and also that the
agreement include a provision for the City to assume responsibility for
all future maintenance of the bridge, which maintenance respon-
sibilities would not begin until Norfolk Southern work is completed
and accepted by the City, with Norfolk Southern to indemnify and name
the City as an additional insured on their insurance.
It was explained that First Street Bridge would need to be closed
to traffic for approximately three and one-half months to allow raising
and repairs to be completed; that the bridge carries approximately
3,200 vehicles per day which can be distributed throughout the other
railroad crossings (Fifth Street Bridge, Second Street grade crossing
and Williamson Road), while continuing to maintain acceptable levels of
approximately 300 vehicles per day more than prior to the Viaduct
closing, of which there are 160 more vehicles during the 4:30 -
5:30 p.mo peak hour; that temporary closures to Norfolk Avenue and
Shenandoah Avenue will also be necessary; and the schedule desired by
Norfolk Southern would require the bridge to be closed by mid-February,
1991 and reopened in early June, 1991, and would not delay the start of
construction for the Second Street/Gainsboro Road project that is sche-
duled to begin as early as July, 1991.
14
ACTION:
The City Manager recommended that he be authorized to execute, on
behalf of the City, an agreement with Norfolk Southern Corporation to
permit Norfolk Southern to raise and repair the First Street Bridge at
one hundred per cent cost to Norfolk Southern, and to establish a new
agreement for all future maintenance to be one hundred per cent City
cost.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#30343-121790) AN ORDINANCE authorizing the City Manager or his
designee to execute an agreement with the Norfolk and Western Railway
Company providing for the raising and repair of the First Street
Bridge, upon certain terms and conditions; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 175.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30343-121790.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None .............. O.
CIVIC CENTER: The Assistant City Manager submitted a written
report on behalf of the City Manager, concurring in the recommendation
of the bid committee, advising that the backstops presently in use by
the Civic Center were original equipment items and have been in service
for twenty years; that the useful and working life of the present
backstops has been exceeded; that in addition, the present backstops do
not meet the NCAA requirements for securing movable competition goals
to the playing surface; and specifications were developed for new por-
table basketball backstops to be used in the Roanoke Civic Center.
It was further advised that bid requests were sent specifically to
eight vendors; that a public advertisement was also published in the
Roanoke Times & World-News on November 21, 1990; that bids were
received until 2:00 p.m., on December 4, 1990, at which time all bids
so received, were publicly opened and read in the Office of the Manager
of General Services; and three bid responses were received, and eva-
Administration and Public Safety and General Services.
The bid committee recommended that Council accept the bid submit-
ted by Sorensen-Christian Industries, Inc., to furnish and deliver por-
table basketball backstops at the Roanoke Civic Center, in the amount
of $18,910'.61, advising that funds are available in the Civic Center
Capital Account No. 005-050-2105-9015; and reject all other bids
received.
(For full text, see reports on file in the City Clerk's Office.)
15
m
ACTION:
ACTION:
Mr. Harvey offered the following Resolution:
(#30344-121790) A RESOLUTION providing for the purchase of por-
table basketball backstops at the Roanoke Civic Center, upon certain
terms and conditions, by acceptin9 a bid made to the City for fur-
nishin9 and delivering such equipment and rejecting other bids made to
the City.
(For full text of Resolution, see Resolution Book No. 52, page 175.)
Mr. Harvey moved the adoption of Resolution No. 30344-121790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ................... 7.
NAYS: None- O.
SPECIAL PERMITS: The Assistant City Manager submitted a written
report on behalf of the City Manager advising that Council has granted
permission to various civic groups and Junior Achievement of Southwest
Virginia, Inc., in the past to hang flags from street lighting poles in
the Downtown area; and Junior Achievement of Southwest Virginia, Inc,,
has requested permission to fly three foot by five foot Junior
Achievement flags from street lighting poles beginning February 8,
1991, through February 25, 1991.
The City Manager recommended that Council grant permission to
Junior Achievement of Southwest Virginia, Inc., to hang flags from
street lighting poles in the downtown area from February 8, 1991,
through February 25, 1991.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#30345) AN ORDINANCE granting to Junior Achievement of Southwest
Virginia, Inc., a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 181.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ............ 7.
NAYS: None ....... O.
16
STREETS AND ALLEYS-STATE HIGHWAYS: The Assistant City Manager
submitted a written report on behalf of the City Manager advising that
the right-of-way acquisition for widening and realignment of Second
Street/Gainsboro Road from Orange Avenue, N. W., to Salem Avenue, S.
W., was authorized by Council at its meeting on October 1, 1990, pur-
suant to Ordinance No. 30255-10190; and that said project phase does
not include any work that will be required for the Wells Avenue road
realignment.
It was further advised that Section 33.1-89 et seq., Code of
Virginia (1950), as amended, the State Code section establishing high-
way department acquisition procedures for right-of-way acquisition and
condemnation is appropriate because the project is being implemented by
the City under agreement with the Virginia Department of Transporta-
tion, which provides for more expeditious acquisition which is desired
to help fast-tr~ck said project; that authorization to use State high-
way department procedure is necessary from Council; that the Virginia
Department of Transportation also requires a Council measure stating
that all phases of the right-of-way acquisition program with regard to
relocation advisory assistance will be performed in accordance with
approved policies and procedures of the State, that the Roanoke
Redevelopment and Housing Authority has previously agreed to provide
the relocation assistance services; that the State will not participate
in any cost where payment or costs are made that do not conform to
policies and procedures; and the City agrees to save the Commonwealth
of Virginia, its officials and employees, harmless from any and all
claims for damages of whatsoever nature that may arise from the owners,
tenants or lessees of adjoining or nearby lands, as a result of the
offering of relocation advisory assistance.
The City Manager recommended that Council authorize the acquisi-
tion of the necessary right-of-way for 82 parcels identified in the
report and provide for the appropriate City officials to have authority
to acquire and conduct condemnation proceedings as necessary using
Section 33.1-89, et seq., Code of Virginia (1950), as amended, and
advise the Virginia Department of Transportation that all phases of the
right-of-way acquisition program in regards to relocation advisory
assistance will be performed in accordance with State policy.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency Ordinance:
(#30346-121790) AN ORDINANCE authorizing acquisition of certain
real nrnnPrtv for widenina and realignment of Second Street/Gainsboro
Road ~rom Orange Avenue, N. W. to Salem Avenue, S. W.; authorizing the
City Manager to take appropriate action for purchase of this property;
authorizing the City's acquisition of this property by condemnation,
under certain circumstances; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 176.)
17
ACTION:
ACTION:
Mr. White moved the adoption of Ordinance No. 30346-121790. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor .... 7.
NAYS: None ........... O.
Mr. Fitzpatrick offered the following Resolution:
(#30347-121790) A RESOLUTION providing for all phases of right-
of-way acquisition for the widening and realignment of Second Street/
Gainsboro Road to be conducted in accordance with approved procedures
of the Virginia Department of Transportation.
(For full text of Resolution, see Resolution Book No. 52, page 177.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30347-121790.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ............ 7.
NAYS: None ........................
DIRECTOR OF FINANCE-BUDGET: The Director of Finance submitted a
written report advising that on August 13, 1990, Council was provided
with a status report of the financial condition of the City for fiscal
year 1990; that it was reported that the figures presented were
unaudited and a report would be forthcoming upon the completion of the
audit; and that the audit by the City's independent auditors has now
been completed and there was only one adult adjustment that decreased
the Reserve for Capital Maintenance and Equipment Replacement (CMERP).
It was further advised that the balance reported to Council on
August 13, 1990, in the amount of $2,374,224.00 (unaudited), has been
decreased to $2,337,658.00; the adjustment was an account payable to
the Greater Roanoke Transit Company which was increased by $36,566.00;
and the following analysis relfects the CMERP balance available for
appropriation from fiscal year 1990:
School
City Administration Total
Fi~u~i ~uar i~G CNERP $i,667,Z~F.OG
Less Amount Appropriated:
$ GTG,S61.0u
$ Z,331,658.00
ii
18
Ord. No. ?urpose
30210 School Buses - (171,700.00) ( 171,700.00)
30248 Cable TV
Contract (13,930.00) - ( 13,930.00)
30261 lhirlane Road
Project (125,000.00) - ( 125,000.00)
30295 Personal Pro.
Proration (25,891.00) - ( 25,891.00)
30308 School Roof
Replacement - (13,550.00) ( 13,550.00)
30309 Law Library (30,704.00) - ( 30,704.00)
30323 Civic Center
Renovations ( 260,000.00 - ( 260,000.00)
CMERP Available for
Appropriation
$1,211,772.00
$ 485,111.00 $ 1,696,883.00
ACTION:
It was explained that per the requirements established in
Ordinance No. 26292, adopted by Council on December 6, 1982, setting up
said Reserve, the entire $2,337,658.00 has been designated -- leaving
no undesignated funds at fiscal year end; and it was certified that the
remaining sum in the amount of $1,696,883.00 is available for
appropriation.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the report be received and filed.
motion was seconded by Mr. Harvey and unanimously adopted.
The
BUDGET-CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT: The
Assistant City Manager submitted a written report on behalf of the City
Manager advising that $9,764,033.00 in Capital Maintenance and Equip-
merit Replacement Needs were included as City Administration General
Fund Supplemental Budget Requests for Fiscal Year 1990-91; that the
School Administration identified capital maintenance and equipment
replacement needs at a cost of an additional $1,685,000.00; and the
critical capital needs, in the amount of $2,482,565.00, were identified
through a process of prioritizing requests based on city-wide eva-
luation criteria.
It was further advised that the Fiscal Year 1989-90 General Fund
Balance designated for Capital Maintenance and Equipment Replacement
for Fiscal Year 1990-91, pursuant to Ordinance No. 26292, is
)~,JJl,oS~.uu and this funding is alvleea De:ween one bi~y ana School
Administrations, as follows:
City Administration
School Administration
$1,667,297.00
670,361.00
It was explained that available funding from Fiscal Year 1989-90
General Fund Balance (CMERP) for City and School Administrations, is as
fol 1 ows:
Fund Balance (CMERP)
Appropriations To
Date
Balance Available
Ci.t¥ Admin. School Admin.
$ 1,667,297.00 $ 670,361.00
445,525.00) ( 185,250.00)
1',211,772.00 $ 485,111.00
It was further explained that available funding from Fiscal Year
1990-91 General Fund Budget previously authorized for equipment
replacement for the City Administration is as follows:
Equipment Replacement
Appropriations To Date
$ 600,000.00
(5,732.00)
Balance Available
$ 594,268.00
In addition, Fiscal Year 1990-91 General Fund
Budget funding previously authorized and available
for equipment replacement for the School
Administration, in the amount of $150,000.00, was
included within the Roanoke City Public Schools'
adopted operating budget.
It was pointed out that the available funding from additional
sources for City Administration critical capital maintenance and equip-
ment replacement needs i s as fol lows:
Debt Service ($255,000.00) - The sum of $533,750.00
was budgeted for fiscal year 1990-91 to fund
interest payments on the sale of $15.25 million in
general obligation bonds as approved by voter
referendum on May 1, 1990. As the bonds were not
issued during the first six months of the current
fiscal year, $255,000.00 of the funding budgeted is
recommended to be reallocated. The balance of the
amount of debt service budgeted, ($278,750.00),
would remain within the General Fund debt service
budget.
Fire Program Grant Funds ($205,000.00) - A receiv-
aDle ac~uu~m~ ~vu~ LC ~st~bl~h~d in the Grant Fund
to act as a source of funding. $65,000.00 is
currently available from Fire Program Grant Funds
for fiscal year 1990-91. An additional $70,000.00
could be made available each year for the next two
20
ACTION:
fiscal years from the ongoing program 9rant.
Funding for the Fire Program Grant comes from a
surcharge placed on homeowner insurance premiums
which is provided to localities on an annually
recurring basis. This funding has, in years past,
been used to purchase turnout gear, fire prevention
related tools and equipment and specialized
training opportunities. The remaining annual
balance of Fire Program Grant funds available
should be sufficient to maintain the current level
of responsiveness.
Insurance Reserve ($200,000.00) - This funding is
recommended to be made available from the City's
insurance reserve to replace the Fire Department's
Pumper Engine #13. This equipment was recently
damaged beyond repair in an accident which took
place as staff responded to a fire emergency.
Sale of Two Fire Pumper Engines ($40,000.00) - Two
pumper engines which do not meet the National Fire
Protection Association's advisory design and safety
standards could be sold through trade magazines at
an anticipated value of $40,000.00. There appears
to be a market for older equipment with less
pumping capability among rural communities served
by volunteer organizations.
The City Manager recommended that Council approve the recommended
expenditure list of critical capital maintenance and equipment replace-
ment needs for the City Administration, advising that funding for the
items will be appropriated after actual competitive bids/proposals are
received and recommended for approval by Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the recommendation. The
motion was seconded by Mr. Musser.
Fir. Bowers pointed out that Council has been hearing that the City
may be facing some tough economic times which prompted inquiries by
Council about how this will affect the School and City budgets. He
stated that he finds no fault with the $2.3 million for the Fire
Department or other public safety departments, but he understands there
are some other critical needs in the budaet r~rnmm~,a~+~, ~,~ .-~ ....
out tna~ possloiy, uouncil should have ~onsidered approving the $1.5
million for the Fire Department which is necessary, and hold back on
some of the other items for three or four months until the rest of the
economic picture comes into focus over the next several months.
21
ACTION:
The Director of Finance advised that action taken by the Admini-
stration several weeks ago has put the budget back in balance, and
stated that Council is agreeing in concept that the items be purchased,
but said items will be brought back at a later date for Council to vote
on expending the funds.
The motion to concur in the recommendation of the City Manager was
unanimously adopted.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-TAXES: The Director of Finance submitted a
written report advising that the Set-Off Debt Collection Program is a
process by which any administrative unit of State, County, City or Town
Government, including departments, institutions, commissions and
authorities, or the State court system, can cooperate with the Virginia
Department of Taxation to identify debtors who qualify for individual
income tax refunds and to collect delinquent debts; and the Set-Off
Debt Collection act set forth in Sections 58.1-520 through 58.1-535 of
the Code of Virginia charges the Department of Taxation with the
responsibility of administering the Set-Off Debt Collection Program.
It was further advised that Sections 58.1-4000 through 58.1-4028,
of the Code of Virginia 11950), as amended, permits certain prizes from
the State Lottery Program to be subject to the delinquent debts of the
Set-Off Debt Collection Program; that the City of Roanoke has been a
participating agency since the beginning of the Program in 1985; that
once the appropriate legal collection process has been followed, the
Office of Billings and Collections submits the amount of the debt and
information about a debtor to the Department of Taxation; and if the
debtor files a Virginia Income Tax Return and has an overpayment credit
or wins more than $100.00 in the State Lottery Program, the amount of
the refund or lottery winnings can be reduced by the debt.
It was explained that through the City's involvement with the
program, the City of Roanoke has realized approximately $200,000.0D in
collections since 1985; that claims must be submitted annually and do
not carry over from one year to the next; that during 1990, 908 debtors
were located and $50,248.00 was collected; that the program was par-
ticularly effective in collecting debts incurred by debtors who had
vacated the State but had been employed in Virginia for part of 1989;
and the 1991 claim year was submitted on November 1, 1990 and includes
the following categories:
Demol i tions C1 aims
Judgments
Library Material s
Mi scel 1 aneous A/R
Parking Tickets
Weed Claims
Water/Sewer Bill s
16 38,652.70
374 85,171.74
430 25,348.89
82 15,153.01
894 13,997.26
61 17,340.14
897 53,146.27
4,181 489,763.11
22
ACTION:
It was further explained that the City will continue to add,
delete or modify claims throughout 1991 through its on-line access to
the State Tax Accounting and Reporting System; that sometime in 1991,
the City will add another information center for locating debtors; that
a contract was signed last month with the Virginia Employment Con~is-
sion to allow the City to trace for debtors through their employment
data base files; that during the particularly difficult upcoming budget
year, his staff is very aware of the City's need to collect every
dollar possible of delinquent debt in as timely a manner as possible;
that the Set-Off Debt Program compliments the City's collection strate-
gies and allows the City to collect many debts that would otherwise be
impossible to secure; and that the report is for Council's information
only and no action is required.
(For full text, see report on file in the City Clerk's Office.)
blr. Fitzpatrick moved that the report be received and filed. The
n~tion was seconded by Mr. Musser and unanimously adopted.
CITY CODE: The Director of Finance submitted a written report
advising that Sections 28-1 through 28-29, of the Code of the City of
Roanoke (1979), as amended, deals with solicitation requirements within
the City of Roanoke; that current practices require that persons who
conduct raffles for charitable organizations are required to obtain a
Solicitation Permit from the Office of the City Manager; that in June,
1990, City Council adopted Sections 21-65 through 21.-77.1, of the Code
of the Ci~v of Roanoke (1979), as amended, regulating Bingo and Raffles
conducted in the City, which measure also requires that persons who
conduct raffles for charitable organizations obtain a Raffle Permit
from the Director of Finance.
The Director of Finance recom~nended that in order to eliminate
duplication, Section 28-28, Exceptions, of the City Code be amended to
include an exemption to eliminate the requirements that a Raffle Permit
Holder obtain a Charitable Solicitation Permit to conduct a raffle in
the City of Roanoke, which exemption will not relieve the charitable
organization from being subject to the provisions of Sections 28-1
through 28-19, but will only relieve the charitable organization from
the requirement of obtaining a Charitable Solicitation Permit.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#3~4R-1~lTqNI ~l~ nnnil, A~,~r u,,~,,J~G§ GiiJ I~Ul~a~,,y ~nn nn
Exemptions, of the Code of the City of Roanoke (1979), as amended, to
include an exemption from the requirement of obtaining a solicitation
permit for any person holding a valid raffle permit; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 178.)
23
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 30348-121790.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Musser
and Mayor Taylor ............. 6.
NAYS: None ............
Oe
(Council Member Harvey was out of the Council Chamber.)
CITY CODE-BINGO OPERATIONS: The Director of Finance submitted a
written report advising that in June 1990, Council adopted Sections
21-65 through 21-77.1, of the Code of the City of Roanoke (1979), regu-
lating Bingo and Raffles; and that Section 21-73(A) of the Code
specifically deals with the prohibition against organizations employing
any person, firm, association, organization, partnership or corporation
of any classification whatsoever for the purpose of organizing,
managing or conducting bingo games or raffles for compensation.
It was further advised that Section 18.2-340.9.E., Code of
Virginia (1950), as amended, was amended effective July 1, 1990, to
allow an exception to permit organizations composed of or for deaf or
blind persons to employ persons as clerical assistants to conduct bingo
or raffles only for such organizations; and persons employed by orga-
nizations composed of or for deaf or blind persons may receive remu-
neration not to exceed thirty dollars per event for providing clerical
assistance in the conduct of bingo games or raffles.
The Director of Finance recommended that the City Code be amended
to reflect a recent change in the State Code which allows an exception
to permit organizations composed of or for deaf or blind persons to
employ individuals as clerical assistants in order to conduct bingo or
raffles only for such organizations.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#30349-121790) AN ORDINANCE amending and reordaining subsec-
tion (1) of §21-73, Prohibited practices, of the Code of the City of
Roanoke (1979), as amended, to provide for the employment of persons by
organizations composed exclusively of and for deaf or blind persons as
clerical assistants in the conduct of bingo games or raffles only for
such organizations; and providing for an emergency.
(For full text of Ordinance, see Ordinar,ce Book No. 52, page 178.)
Mr. Musser moved the adoption of Ordinance No. 30349-121790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
24
ACTION:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Musser
and Mayor Taylor .......... 6.
NAYS: None ............
Oe
(Council Member Harvey was out of the Council Chamber.)
REPORTS OF COmmITTEES:
BUDGET-CIVIC CENTER: Council Member William White, Sr., Chairman
of the committee appointed by the Mayor to tabulate bids received for
construction of eight new restroom floors in the Roanoke Civic Center
Coliseum, presented a written report on behalf of the committee, recom-
mending that Council authorize the City Manager to enter into a
contractual agreement with Marsteller Corporation, in a form subject to
approval by the City Attorney, for new restroom floors at the Civic
Center Coliseum in accordance with the contract documents as prepared
by the City Engineer's Office, in the amount of $20,097.0D and 24 con-
secutive calendar days; appropriate funding for the project from Civic
Center Retained Earnings; authorize the Director of Finance to
establish a new capital account; and reject all other bids received by
the City.
The City Manager submitted a written report concurring in the
recommendation of the bid committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30350-121790) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Civic Center Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 50.)
Mr. White moved the adoption of Ordinance No. 30350-121790. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ........... -7.
NAYS: None ..........
-0.
Mr. White offered the followinq emergency Ordinance:
(#30351-121790) AN ORDINANCE accepting the bid of Marsteller
Corporation for construction of eight (8) new restroom floors in the
Civic Center Coliseum, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 180.)
ACTION:
ACTION:
Mr. White moved the adoption of Ordinance No. 30351-121790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor .............................. 7.
NAYS: None ..........................................
BUSES: Council Member William White, Sr., Chairman of the commit-
tee appointed by the Mayor to tabulate bids received for removal and
disposal of seven underground petroleum product tanks located at the
Old Valley Metro Garage, Twelfth Street at Campbell Avenue, S. E., pre-
sented a written report on behalf of the committee, recommending that
Council authorize the City Manager to enter into a contractual
agreement with W E L Enterprises, Inc., for removal and disposal of
seven underground petroleum product tanks and related work at the Old
Valley Metro Garage site at Twelfth Street and Campbell Avenue, S. E.,
subject to approval by the City Attorney, in the amount of $17,493.00
and 60 consecutive calendar days; and reject all other bids received by
the City.
The City Manager submitted a written report concurring in the
recommendation of the bid committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency Ordinance:
(#30352-121790) AN ORDINANCE accepting the bid of W E L
Enterprises, Inc., for removal and disposal of seven underground petro-
leum product tanks at the Old Valley Metro Garage, upon certain terms
and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 180.)
Mr. White moved the adoption of Ordinance No. 30352-121790. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ........ 7.
NAY5: None ........ O,
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 30328-121790 permanently
vacating, discontinuing and closing an undeveloped section of Strand
Road, N. E., from its intersection with Byrd Avenue to its intersection
with Plantation Road, less the area designated by the 1995 thoroughfare
ACTION:
ACTION:
plan for future street widening along Plantation Road, having pre-
viously been before the Council for its first reading on Monday,
December 10, 1990, read and adopted on its first reading and laid over,
was again before the body, Mr. Bowers offering the following for its
second reading and final adoption:
(#30328-121790) AN ORDINANCE permanently vacating, discontinuing
and closing a certain public right-of-way in the City of Roanoke,
Virginia, pursuant to Section 1§.1-4821b), of the Code of Virginia
(1950), as amended, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 168.)
Mr. Bowers moved the adoption of Ordinance No. 30328-121790. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ........ -7.
NAYS: None .......
Oo
STREETS AND ALLEYS: Ordinance No. 30329-121790 permanently
vacating, discontinuing and closing a certain unopened alley lying near
the northeast intersection of Orange Avenue and Hollins Road, N. E.,
having previously been before the Council for its first reading on
Monday, December 10, 1990, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#30329-121790) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 170.)
Mrs. Bowles moved the adoption of Ordinance No. 30329-121790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ....... -7.
NAYS: None .......
-0.
I07 South Jefferson Street, identified as Official Tax No. 10ili25 from
C-3, Central Business District, to H-I, Historic District Overlay,
having previously been before the Council for its first reading on
Monday, December 10, lg90, read and adopted on its first reading and
laid over, was again before the body, Mr. Musser offering the following
for its second reading and final adoption:
27
ACTION:
ACTION:
(#30330-121790) AN ORDINANCE to amend §36.1-3, Code of the City
of Roanoke (1979), as amended, and Sheet No. 101, Sectional 1976 Zone
Map, City of Roanoke, by designating certain property within the City
with an H-l, Historic District Overlay.
(For full text of Ordinance, see Ordinance Book No. 52, page 171.)
Mr. Musser moved the adoption of Ordinance No. 30330-121790. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None ..... O.
ZONING: Ordinance No. 30331-121790 rezonin9 a tract of land con-
taining .147 acre, more or less, located at 1017 Syracuse Avenue,
N. W., identified as Official Tax No. 2130520, from RM-1, Residential
Multi-Family, Low Density District, to C-2, General Commercial
District, subject to certain conditions proffered by the petitioner,
having previously been before the Council for its first reading on
Monday, December 10, 1990, read and adopted on its first reading and
laid over, was again before the body, Mr. Bowers offering the following
for its second reading and final adoption:
(#30331-121790) AN ORDINANCE to amend §36.1-3, Code of the City
of Roanoke (1979), as amended, and Sheet No. 213, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the Petitioner.
(For full text of Ordinance, see Ordinance Book No. 52, page 172.)
Mr. Bowers moved the adoption of Ordinance No. 30331-121790. The
motion was seconded by Fir. Fitzpatrick and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor .............................................. 7.
NAYS: None .................................
RADIO-TELEVISION: Ordinance No. 30338-121790 extending the
franchise of Cox Cable Roanoke, Inc., to operate a cable television
system in the City for a ne~ind nf 60 days beginning at 12:00 midnight,
u. ~ecemDer 31, 1990, un~er the same terms ana cu,,J~ti~n~ ~ rnnf~np~
in the existing franchise agreement between Cox Cable Roanoke, Inc.,
and the City of Roanoke, dated January 20, 1975, as amended, having
previously been before the Council for its first reading on Monday,
December 10, 1990, read and adopted on its first reading and laid over,
was again before the body, Mr. Musser offering the following for its
second reading and final adoption:
28
ACTION:
ACTION:
ACTION:
ACTION:
(#30338-121790) AN ORDINANCE extending the franchise of Cox Cable
Roanoke, Inc., to operate a cable television system in the City for a
period of 60 days.
(For full text of Ordinance, see Ordinance Book No. 52, page 173.)
Mr. Musser moved the adoption of Ordinance No. 30338-121790. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Nusser and Mayor Taylor-- 7.
NAYS: None- O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT PROGR~4-BUDGET:
Council Member Beverly T. Fitzpatrick, Jr., requested that the City
Manager submit a recommendation to Council during the 1991-1992 Budget
Study with regard to budgeting for capital equipment expenditures as
part of the City's fiscal year budget.
SOLICITATIONS-CIVIC CENTER: Council Member James G. Harvey, II,
moved that the City Attorney confer with the Commonwealth's Attorney
and the Chief of Police through the City Manager, to review the City's
anti-solicitation ordinance for possible revisions, and to develop a
method relative to prohibiting nudity and obscenity during concerts and
shows at the Roanoke Civic Center. The motion was seconded by Mr.
Musser and unanimously adopted.
CITY CODE-MUNICIPAL AUDITOR-CITY CHARTER: Council Member David A.
Bowers requested that certain proposed revisions to the City Code and
City Charter with regard to the duties and responsibilities of the
Municipal Auditor, be referred to the City Manager, City Attorney and
Director of Finance for input; and moved that Council schedule a public
hearing for Monday, January 7, 1991, at 2:00 p.m., or as soon
thereafter as the matter may be heard, with regard to proposed changes
in the City Code and the City Charter pertaining to said revisions.
The motion was seconded by Mr. Harvey and unanimously adopted.
CITY CODE: Council Member David A. Bowers moved that Council
as soon thereafter as the matter may be heard, with regard to
increasing tile maximum penalty to be imposed for violations of City
misdemeanors from $1,000.00 to $2,500.00. The motion was seconded by
Mr. Harvey and unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
29
m
ACTION:
ACTION:
At 4:07 p.m., the Mayor declared the meeting in recess.
At 4:33 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ............. 7.
NAYS: None .....................
De
SALE/PURCHASE OF PROPERTY: Council Member Elizabeth T. Bowles
advised that on November 19, 1990, the Water Resources Committee con-
sidered the sale of a parcel of surplus property located at 306 Sixth
Street, S. W., and bearing Official Tax No. 1112502; that action on the
matter was delayed due to a question with regard to the assessed value
and possible future need of the property; that it has been determined
that the property is surplus to the City's needs, and an offer has been
received from W. R. Sowers trading as S & R Towing and Repair Service,
in the amount of $18,000.00.
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30353) AN ORDINANCE providing for the sale and conveyance of a
parcel of surplus City-owned property located at 306 Sixth Street,
S. W., and bearing Official Tax No. 1112502.
(For full text of Ordinance, see Ordinance Book No. 52, page 182.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey, Musser
and Mayor Taylor .................. 6.
make: bouncii ~em,ber Whi~e .........
HEALTH (MENTAL HEALTH SERVICES): The Mayor advised that the three
year term of Mr. Henry L. Woodward as an at-large member on the Mental
Health Services Board of Directors will expire on December 31, 1990,
and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Ms. Harriette Shivers.
20
ACTION:
ACTION:
ACTION:
ATTEST:
There being no further nominations, Ms. Shivers was elected as an
at-large member of the Mental Health Services Board of Directors for a
term of three years, beginning January 1, 1991, by the following vote:
FOR MS. SHIVERS: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ............. 7.
PLANNING: The Mayor advised that the four year terms of Messrs.
John B. Ferguson, Charles A. Price and Paul C. Buford as members of the
City Planning Commission will expire on December 31, 1990, and called
for nominations to fill the vacancies.
Mr. Fitzpatrick placed in nomination the names of Messrs. John B.
Ferguson, Charles A. Price and Paul C. Buford.
There being no further nominations, Messrs. Ferguson, Price and
Buford were reelected as members of the City Planning Commission for
terms of four years each, ending December 31, 1994, by the following
vote:
FOR MESSRS. FERGUSON, PRICE AND BUFORD: Council Members White,
Bowers, Bowles, Fitzpatrick, Harvey, Musser and Mayor Taylor- 7.
CELEBRATIONS (SPECIAL EVENTS COMMITTEE): The Mayor advised that
there was a vacancy on the Special Events Committee created by the
resignation of Mr. Greg T. Trafidlo for a term ending June 30, 1991,
and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of the Reverend Nelson
Harris.
There being no further nominations, Reverend Harris was elected as
a member of the Special Events Committee, for a term ending June 30,
1991, by the following vote:
FOR REVEREND HARRIS: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ............ 7.
There being no further business, the Mayor declared the meeting
adjourned at 4:40 p.m.
APPROVED
Deputy City Clerk
21
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
January 7, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, January 7, 1991, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'11979), as amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T. Fitzpatrick,
Jr., James G. Harvey, II, Howard E. Musser, William White, Sr., and Mayor
Noel C. Taylor ......... 6.
ABSENT: Council Member David A. Bowers
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Jerry O. Campbell
Pastor, Greene Memorial United Methodist Church. '
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PUBLIC HEARINGS:
CITY CODE-CITY CHARTER-MUNICIPAL AUDITOR: Pursuant to motion of
Council adopted on Monday, December 17, 1991, the City Clerk having
advertised a public hearing for Monday, January 7, 1991, at 7:30 p.m.,
or as soon thereafter as the matter may be heard, with regard to pro-
posed amendments to the Roanoke City Charter of 1952, as amended,
relating to increasing the maximum penalty to be imposed for violation
of ordinances, rules and regulations of the City from $1,000.00 to
$2,500.00; and to eliminate provisions restricting the Municipal
Auditor to the conduct of "post-audit" examinations and to specifi-
cally authorize the Municipal Auditor to "...perform special reviews
and conduct appraisals of managerial effectiveness and efficiency in
the use of resources as requested by the Council" th~ matter w~
L-FO ..... b dy :
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Monday,
December 24, 1990.
(See publisher's affidavit on file in the City Clerk's Office.)
32
ACTION:
The City Attorney submitted a written report advising that the
first amendment would amend subsection (32) of §2 of the City Charter
to increase the maximum fine for violation of a City ordinance from
$1,000.00 to $2,500.00; that the 1990 Session of the General Assembly
increased the monetary penalties for Class 1, 2 and 4 misdemeanors;
that pursuant to Ordinance No. 30173-72390, adopted by Council on
Monday, July 23, 1990, Council conformed the penalties under the City
Code to the new State Code maximum for Class 2 and 4 misdemeanors; that
Council could not, however, act with respect to the penalty for Class 1
misdemeanors under the City Code because of the $1,000.00 maximum
established by subsection (32) of §2 of the City Charter; that amend-
ment of said section of the City Charter by the 1991 Session of the
General Assembly, along with amendment of §15.1-901 of the State Code
which also limits the maximum penalty for violations of local ordinan-
ces, will clear the way for Council to increase the maximum moneta~
penalty for a Class 1 misdemeanor under the Code from $1,000.00 to
$2,500.00; and given the inflation which has occurred since the mis-
demeanor penalties were last amended in 1975, it would appear entirely
appropriate to raise the maximum monetary penalty for a Class 1 mis-
demeanor from $1,000.00 to $2,500.00.
Mr. Dibling further advised that the second proposed amendment to
the City Charter amends subsection,-(i). of §25.2, Municipal Auditor, to
require that the Municipal Auditor ' perform special reviews and con-
duct appraisals of managerial effectiveness and efficiency in the use
of resources as requested by the Council," which utilizes the language
circulated at the December 17, 1990, meeting of the Audit Committee;
and Charter amendments must be introduced on or before the first day of
each Session of the General Assembly, therefor, this is the last oppor-
tunity for Council to act on the proposed amendments.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#30354-10791) A RESOLUTION requesting the 1991 Session of the
General Assembly of Virginia to enact certain amendments to the
Roanoke Charter of 1952, as amended.
(For full text of Resolution, see Resolution Book No. 52, page 182.)
Mr. Harvey moved the adoption of Resolution No. 30354-10791. The
motion was seconded by Mr. Musser.
address Counci wi regard to the matter. There being none,
Resolution No. 30354-10791 was adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor-- 6.
NAYS: None .................. O.
(Council Member Bowers was absent.)
33
m
ACTION:
ACTION:
ACTION:
Mr. Harvey moved that that portion of the public hearing per-
taining to the Municipal Auditor be held in abeyance for a period of
one year and that the matter be referred to the City Manager for review
and report to Council. The motion was seconded by Mr. Musser and
adopted.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to three requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; a personnel matter being
the appointment of a specific public officer; and a matter with regard
to acquisition of real property and disposition of publicly held pro-
perty, specifically the conveyance of a parcel of land in exchange for
acquisition of a parcel of land for economic development purposes.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (Al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (Al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ....... 6.
NAYS: None .......... ----0.
(Council Member Bowers was absent.)
ACTS OF ACKNOWLEDGEMENT-COUNCIL: A communication from Council
M~mh~ David A. Bowers rmmnn~n~ndinn adnnf(nn n~ ~ .?~cml~ m~mne(al(?(nn
the late C. E. "Buck" Cuddy, wh~ formerly served as Commonwealth'~
Attorney for the City of Roanoke, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation and
that the City Attorney be instructed to prepare the proper measure.
The motion was seconded by Mr. White and adopted by the following vote:
34
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ....... 6.
NAYS: None ....... O.
(Council Member Bowers was absent.)
BUDGET-GRANTS-PLANNING: A report of the City Manager outlining
the following dates and a schedule of activities relating to develop-
ment of the City's fiscal year 1991-92 Community Development Block
Grant (CDBG) Budget and Program, was before Council.
January 15
February 15
February 28,
March 1 & 6
City-wide Citizen Workshop
°Review past accomplishments
°Receive requests for coming
year
Deadline for 1991-92 CDBG
proposals
Working meetings CDBG Review
Committee recommendations
First Baptist Church
310 N. Jefferson
Street
7:30 p.m.
Office of Grants
Compliance
City Manager's
Conference Room
March 8
Brief City Manager on Review
Committee recommendations
City Manager's
Conference Room
April 18
April 22
May 6
May 13
Citizen Administrative Public
Hearing to review draft of
Statement of Objectives
Request City Council to set
Public Hearing for May 13, 1991
City Manager recommendation to
City Council on CDBG program
City Council public hearing and
authorize the City Manager to
submit Statement of Objectives
to HUD
First Baptist Church
310 N. Jefferson
Street
7:30 p.m.
Council Chamber -
2:00 p.m.
Council Chamber -
2:00 p.m.
Council Chamber -
7:30 p.m.
May 15
Ju.e i~ (usA}
Submit Final Statement of Objec-
tives to HUD
Receive approval ot tUndS from
HUD and removal of grant conditions
Office of Grants
Compliance
June 24
Request Council to appropriate
CDBG funds, authorize the City
Manager to sign grant agreement
Council Chamber-
2:00 p.m.
(For full text, see report and schedule of activities on file in the
City Clerk's Office.)
35
m
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the report and schedule of activities be
received and filed. The motion was seconded by Mr. White and adopted
by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ........ 6.
NAYS: None ......... O.
(Council Member Bowers was absent.)
CITY GOVERNMENT: A report of the City Manager transmitting "A
Citizen's Guide to Municipal Services," advising that the publication
was originally developed in response to citizen inquiries as to how to
access various City services, was before Council.
(For full text, see report and publication on file in the City Clerk's
Office.}
Mrs. Bowles moved that the report and publication be received and
filed. The motion was seconded by Mr. White and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor--- 6.
NAYS: None ........ ----0.
(Council Member Bowers was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
December 17, 1990, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mrs. Bowles moved that the pending list be received and filed.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ......... 6.
NAYS: None ......... O.
(Council Member Bowers was absent.)
PLANNING: A report of qualification of Messrs. Paul C. Buford and
John B. Ferguson as members of the City Planning Commission for terms
of four years each, ending December 31, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. White and adopted by the
following vote:
36
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ........ 6.
NAYS: None ......
(Council Member Bowers was absent.)
LIBRARIES: A report of qualification of Mr. Marc J. Small as a
member of the Roanoke Public Library Board for a term ending June 30,
1993, was before Council.
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. White and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ....... 6.
NAYS: None .......
(Council Nember Bowers was absent.)
ACTION:
COUNCIL: An oral request of Vice-Mayor Howard E. Musser for an
Executive Session to discuss a personnel matter, being the appointment
of a specific public officer, pursuant to Section 2.1-344 (A) (1), Code
of Virginia (1950), as amended, was before the body.
Mrs. Bowles moved that Council concur in the request of the Vice-
Mayor to convene in Executive Session to discuss a personnel matter,
being the appointment of a specific public officer, pursuant to Section
2.1-344 (A) (1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ....... 6.
NAYS: None .............. O.
(Council Member Bowers was absent.)
COUNCIL: A communication from Council Member Beverly T.
Fitzpatrick, Jr., requesting an Executive Session to discuss a matter
with regard to acquisition of real property and dis~n~if(--
..... Gr:Gcrty, ~puci~ica)my the conveyance of a parcel of land in
exchange for acquisition of a parcel of land for economic developmeat
purposes, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950)
as amended, was before the body. '
(For full text, see report on file in the City Clerk's Office.)
37
ACTION:
Mrs. Bowles moved that Council concur in the request of Council
Member Fitzpatrick to convene in Executive Session to discuss a matter
with regard to acquisition of real property and disposition of publicly
held property, specifically the conveyance of a parcel of land in
exchange for acquisition of a parcel of land for economic development
purposes, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950),
as amended. The motion was seconded by Mr. White and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ............ 6.
NAYS: None .......... O.
(Council Member Bowers was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC F~TTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
Grant No. 6583 - $15,590.00 for the 1990-91 Flow
Through Program to provide aid for
the education and guidance of han-
dicapped students. The Program
will be 100 per cent reimbursed by
State and Federal funds.
Grant No. 6584 - $50.00 for the Child Development
Clinic Program to provide funds
for the salary and expenses of the
educational coordinator at the
Clinic. The Program will be 100
per cent reimbursed by State
funds.
Grant No. 6585 - $50.00 for the Child Specialty
Services Program to provide funds
educational coordinator. The
Program will be 100 per cent reim-
bursed by State funds.
38
ACTION:
Grant No. 6589 - $64,743.00 for the Preschool
Incentive Program to provide
orientation and evaluation for
handicapped students who will be
entering the public schoo] system
for the first time during the
fall. The Program will be 100 per
cent reimbursed by Federal funds.
The School Board further requested appropriation of $296,720.00
for the Autistic and Multihandicapped Regional Program to be used for
placement of additional severely handicapped students at the Roanoke
Valley Regional Program durin9 the first semester, advising that any
additional cost will be funded with State revenue.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the four grants
in the Grant Fund, and additional 9rant funds in the General Fund are
100 per cent Federal or State funded, and recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30355-10791) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 183.)
Mr. White moved the adoption of Ordinance No. 30355-10791. The
motion was seconded by Mr. Harvey and adopted by the roi]owing vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ...... 6.
NAYS: None ....... O.
(Council Member Bowers was absent,)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HEALTH DEPARTMENT-SCHOOLS: The City Manager submitted a
written report advising that preventative health care services are
limited to many school-aged children in Roanoke City due to inability
of their family to pay the costs of medical care; that approximately 40
per cent of the Roanoke City School population is considered economi-
cally disadvantaged; and the Six Year Plan of the Roanoke City Health
Department noted that the Health Department and the Roanoke City Public
Schools should increase its collaborative efforts to implement school
health programs in a more efficient and effective manner.
It was further advised that the need for a school health coor-
dinator was identified in November 198B, by the Roanoke City School
Health Advisory Committee which is composed of citizens, and represen-
tatives of the City Health Department and Roanoke City Schools; that a
coordinated school health program to meet the needs of youth enrolled
in the Roanoke City Public Schools has been implemented by the City
Health Department, Roanoke City Schools and the Office of Director of
Human Resources in response to the Six Year Plan and recommendations
from the School Health Advisory Committee; that the City's school
health program is comprehensive and includes basic preventative health
care services, abnormal finding follow-up and counseling and referral
services; and a part-time school health nurse supervisor was hired by
the Health Department in December 1989 to provide program coordination
and supervision for the five part-time Chapter I nurses employed by
Roanoke City Schools and the public health nurses assigned to the
schools.
It was explained that school health nurses provide valuable ser-
vices including case management, vision, hearing, dental, scoliosis
screening, and immunization and record maintenance for Roanoke City
Public School children; that these services provide a link between the
schools and parents in communicating medical concerns affecting the
well-being of Roanoke's youth; that funding for the position of school
health nurse supervisor was not included in the 1990-91 budget, but the
position has been continued on a month to month part-time basis pending
identification of funds to support said position; and $22,017.00 is
available in the following accounts to continue funding the school
health program for fiscal year 1990-91:
001-054-5330-2010 State & Local Hosp. $19,286.00
001-054-5110-3700 Health Dept. Subsidies 2,731.00
Total $22,071.00
The City Manager recommended th,+ r ..... (~ ~ .... ~ .......
.................. ~L~,G17.Gu ~v
LI,: 2oanoKe ~lty Health Department in order to establish a separate
line item, Account No. 001-054-5110-2017, for the purpose of continuing
the part-time position of School Health Nurse Supervisor.
(For full text, see report on file in the City Clerk's Office.)
4O
ACTION:
Mrs. Bowles offered the following emergency budget Ordinance:
(#30356-10791) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
IFor full text of Ordinance, see Ordinance Book No. 52, page 184.)
Mrs. Bowles moved the adoption of Ordinance No. 30356-10791. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ........... 6.
NAYS: None ........ O.
(Council Member Bowers was absent.)
CITY MARKET-GRANTS: The City Manager submitted a written report
advising that Council approved a short-term, low-interest Community
Development Block Grant loan, in the amount of $962,000.00, to Downtown
Associates, pursuant to Ordinance No. 28850, on November 2, 1987, for
the Market Building which was intended to promote the creation and
retention of jobs in the City Market Building; that when originally
granted, the loan assured the retention of 51 jobs; that currently
there are 87 jobs provided within the Market Building, with 21 - 23
more anticipated; and the City has received three per cent interest per
year, for three years, or $86,580.00.
It was further advised that Council extended the original two-year
loan by one additional year, pursuant to Ordinance No. 29824, adopted
on November 13, lg89, and again by 60 days, pursuant to Ordinance No.
30311-111gg0 on November 19, 1990, which loan is due on January 21,
1991; that Downtown Associates and two other loan applicants have
requested an extension of time to provide requested information to City
staff; that the City's Community Development Block Grant budget has the
capacity to loan only $1,000,000.00 on a short-term basis, therefore,
all three loan requests cannot be satisfied; that Downtown Associates
is seeking the assistance of a consultant to recommend improvements
which will increase lease space in the Market Building; and City staff
will evaluate each of the three proposals in order to make a recon~en-
dation to Council, however, additional time is necessary.
The City Manaaer recon~npnd:~ tb~t hc b~ auLhurJzeO to execute an
amendment to the agreement between the City of Roanoke, Downtown
Associates and Dominion Bank N.A., extending to Downtown Associates a
loan, in the amount of $962,000.00, at three per cent interest per year
for a period not to exceed 60 days beyond the current due date of
January 21, 1991, secured by a note and an unconditional and irrevo-
cable letter of credit issued by Dominion Bank, N. A., with the closing
of the loan extension to occur prior to 5:00 p.m., on January 21, 1991.
(For full text, see report on file in the City Clerk's Office.)
41
ACTION:
Mr. Harvey offered the following emergency Ordinance:
(#30357-10791) AN ORDINANCE authorizing the execution of
Amendment No. 3 to Short Term CDBG Float Loan Agreement, as amended by
Amendment Nos. 1 and 2, with Downtown Associates and Dominion Bank, in
order to provide for the extension of the term of the loan, upon cer-
tain terms and conditions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 185.)
Mr. Harvey moved the adoption of Ordinance No. 30357-10791. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser and White ......... 4.
NAYS: None .... - O.
(Mayor Taylor abstained from voting inasmuch as he serves on the Board
of Directors of Dominion Bank.)
(Council Member Fitzpatrick abstained from voting inasmuch as he is
employed by Dominion Bank.)
(Council Member Bowers was absent.)
The Mayor advised that Ordinance No. 30357 did not pass as an
emergency measure inasmuch as five affirmative votes of the Council are
required for emergency passage. He pointed out that it would be
necessary for the emergency clause to be deleted, thereby, placing the
Ordinance on its first reading which would require a second reading on
Monday, January 14, 1991, and Ordinance No. 30357 would become effec-
tive ten days following the date of its second reading.
Later during the meeting, the Mayor advised that he abstained from
voting on the above matter because he is a member of the Board of
Directors of Dominion Bank; however, he has been informed by the City
Attorney that he must state publicly that he is a member of the Board
of Directors and in such capacity, his income does not exceed
$10,000.00 per year, that he is in a position to consider the matter
fairly and objectively and in the interest of the public, and if the
Members of Council will accept that statement, he could change his vote
and cast his vote in the affirmative in order to provide a total of
five votes which would enable Ordinance No. 30357-10791 to pass as an
emergency measure.
By unanimous consent of Members of Council in attendance, the
Mayor changed his vote to the affirmative and Ordinance No. 30357-10791
was adopted by the following vote:
42
AYES:
Taylor ....
Council Members Bowles, Harvey, Musser, White and Mayor
NAYS: None ....... O.
(Council Member Bowers was absent.)
(Council Member Fitzpatrick abstained from voting inasmuch as he is
employed by Dominion Bank.)
ARMORY/STADIUM: The City Manager submitted a written report
advising that bids were received on June 1, 1990, for replacement of
two 30-ton air conditioning units and air handlers at the National
Guard Armory; that three bids were received, with Johnston-Vest
Electric Corporation submitting the low bid, in the amount of
$38,769.00; that all bids exceeded available funding; and Council
approved a contract with Johnston-Vest, pursuant to Resolution No.
30120-62590, adopted on Monday, June 25, 1990.
It was further advised that three different "Notice to Proceed"
letters were sent to the contractor, with two being rescinded because
of use of the Armory by a movie company; that the last communication
authorized the contractor to proceed by November 19, 1990, and wh6n
work did not commence, a representative of Johnston-Vest advised that
the bank had foreclosed on the business; and the representative also
advised that Johnston-Vest would no longer be in business after
November 30, 1990, and would therefore be unable to fulfill its
contractual obligations to the City.
It was explained that the contract did not require the posting of
a performance bond by the contractor; that because of the lack of abi-
lity of the contractor to perform under the contract, the contract with
Johnston-Vest Electric Corporation, in the amount of $30,362.00, should
be cancelled and the project readvertised for bids and a suit can be
filed against Johnston-Vest for damages arising out of non-performance
of the contract, however, since the Company has been foreclosed upon,
existence of assets is in doubt.
The City Manager recon~nended that he be authorized to officially
cancel the contract with Johnston-Vest Electrical Corporation, in the
amount of $30,362.00, to provide and install air conditioning at the
National Guard Armory, in accordance with contract documents as pre-
pared by the City Engineer's Office; and approve the readvertising of
the project so that the National Guard Armory may have dependable air
conditioninn d~nn th~ comina summer.
I
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution: m
[]
(#30358-10791) A RESOLUTION cancelling the contract with m
Johnston-Vest Electric Corporation for replacement of two (2) 30-ton m
air conditioning units and air handlers at the National Guard Armory, im
and authorizing the readvertising of the project. []
m
43
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No. 30358-10791.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor .......... 6.
NAYS: None ...............
-0.
(Council Member Bowers was absent.)
BUDGET-SALE/PURCHASE OF PROPERTY-INDUSTRIES: The City Manager
submitted a written report advising that Ordinance No. 29938-22690 was
adopted by Council on February 26, 1990, authorizing execution of an
option for the sale of Parcel No. 4, identified as Official Tax No.
7210101, in the Roanoke Centre for Industry and Technology to Elizabeth
Arden Company and authorizing execution of the requisite deed conveying
said property; that as a result, only one available industrial site
remains in the Centre; and consideration of $25,000.00 for the option
was paid to the City on February 21, 1990, to be applied toward the
purchase price at closing.
It was further advised that the purchase price, in the amount of
$706,500.00 was calculated using the negotiated figure of $25,000.00
per acre for 28.26 acres; that Elizabeth Arden Company assigned its
rights to the option to Arden Associates, L.P., on November 16, 1990,
as provided for under the conditions of the option; that Arden
Associates, L.P., discovered that the previously recorded acreage of
28.26 acres that was used in negotiations with Elizabeth Arden Company
was in error; and an amended plat was recorded on June 11, 1990,
showing 27.26 acres as the correct acreage.
It was explained that closing on the property occurred on
November 16, 1990; that rather than delay closing so that the sales
price could be adjusted to $681,500.00 thereby reflecting a $25,000.00
reduction due to the reduction of one acre, Arden Associates, L.P.,
elected to close as scheduled in order to commence construction on the
site; that Arden Associates, L.P., has now requested that the City
reimburse them $25,000.00 in order to reflect the correct purchase
price of $681,500.00; and infrastructure improveme_nts are needed to
facilitate industrial development in the recently purchased 141 acre
addition to the original Roanoke Centre for Industry and Technology,
known as R.C.I.T. Addition, with only one available industrial site
remaining in the original Roanoke Centre for Industry and Technology.
ine City Manager recommended that he be authorized to reimburse
Arden Associates, L.P., the amount of $25,000.00 from land option pro-
ceeds received on February 21, 1990, and that Council appropriate land
sale proceeds, in the amount of $681,500.00, received on November 19,
1990, to Account No. 008-052-9629-9003, in the Capital Projects Fund
entitled, "R.C.I.T. Addition" Property.
(For full text, see report on file in the City Clerk's Office.)
44
ACTION:
ACTION:
Mr. Musser offered the following emergency budget Ordinance:
(#30359-10791) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 186.)
Mr. Musser moved the adoption of Ordinance No. 30359-10791, The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ........................... 6.
NAYS: None ...... O.
(Council Member Bowers was absent.)
Mr. Musser offered the following Resolution:
(#30360-10791) A RESOLUTION authorizing the reimbursement to
Arden Associates, L.P., of a portion of the purchase price paid by
Arden Associates, L.P., for Parcel 4 in the Roanoke Centre for Industry
and Technology.
(For full text of Resolution, sea Resolution Book No. 52, page 187.)
Mr. Musser moved the adoption of Resolution No. 30360-10791. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor .............. 6.
NAYS: None .......................
(Council Member Bowers was absent.)
CITY SHERIFF- EQUIPMENT: The City Manager submitted a written
report concurring in a report of a bid committee with regard to the
leasing of one new window van for transportation of prisoners as
required by the Sheriff's Department.
The bid committee recomm~nd,~ th.~ reu~ci! :ccoDt the lowest bid
submitted by Dominion Car Ltd., in the amount of $456.18 per month, for
one new window van and reject the other bid received by the City.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
45
ACTION:
ACTION:
(#30361-]0791) A RESOLUTION providing for lease of a new window
van for use by the Sheriff's Department, upon certain terms and con-
ditions, by accepting a bid made to the City for the lease of such
vehicle.
(For full text of Resolution, see Resolution Book No. 52, page 187.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30361-10791.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ................... 6.
NAYS: None .......... O.
(Council Member Bowers was absent.)
CIVIC CENTER-EQUIPMENT: The City Manager submitted a written
report concurring in a report of a bid commitee with regard to the
purchase of folding chairs for use at the Roanoke Civic Center.
The bid committee recommended that Council accept the lowest
responsible bid submitted by Delta Graphics, Inc., (DGI), in the total
amount of $32,750.00, for 1,000 folding chairs, and reject all other
bids received by the City.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following Resolution:
(#30362-10791) A RESOLUTION accepting the bid of Delta Graphics,
Inc., made to the City for furnishing and delivering 1,000 folding
chairs for use at the Roanoke Civic Center; and rejecting all other
bids made to the City.
(For full text of Resolution, see Resolution Book No. 52, page 188.)
Mr. White moved the adoption of Resolution No. 30362-10791. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ................ .6.
NAY~ Unn~ ..........
(Council Member Bowers was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of November, 1990.
(For full text, see financial report on file in the City Clerk's
Office.)
46
ACTION:
Mr. Harvey moved that the financial report be received and filed.
The motion was seconded by Mr. Fitzpatrick and adopted.
CITY ATTORNEY:
CITY CODE-DISORDERLY CONDUCT AND ABUSIVE LANGUAGE-PEDDLERS AND
ITINERANT MERCHANTS, PUBLIC SOLICITATIONS: The City Attorney submitted
a written report advising that at its meeting on December 17, 1990,
Council requested the City Attorney to review the City's solicitation
ordinance and report back to Council as to any suggested amendments;
and Council also requested that the City Attorney consult with the
Commonwealth's Attorney and the Chief of Police, through the City
Manager, as to the form and content of the ordinance, which con-
sultation has been completed.
It was further advised that the City's solicitation ordinance was
recommended because citizens demanded a crack-down on open solicitation
by prostitutes and transvestites on City streets; that businessmen in
an area of the City complained about open solicitation for sex on or
around their properties which fri§htened off customers and interfered
with the conduct of their businesses; that parents complained that they
were reluctant to drive down certain City streets with their children
because of the embarrassment of open solicitation; and in response to
the complaints, a solicitation ordinance very similar to the State
solicitation statute was recommended to Council.
It was explained that Section 18.2-29 (the State solicitation sta-
tute) provides as follows:
"Any person who commands, entreats, or otherwise
attempts to persuade another person to commit a
felony, shall be guilty of a Class 6 felony."
The City Attorney further explained that given that sodomy is a
felony in the Commonwealth, it is, under §18.2-29, a felony in the
Commonwealth for one person to invite or attempt to persuade another
person to commit sodomy; that this is so whether the con~nunication is
between persons of the opposite or the same sex; that this is the case
whether the communication occurs in public or in a private place, or
whether there is any discussion of money or other consideration for
such act; that solicitation for sodomy under §18.2-29 will remain a
felony in the City of Roanoke regardless of what action Council takes;
that since adoption of the City's solicitation ordinance on February 5,
1990, no court of record has considered the constitutionality of the
ordinance; and if considered
'-'- ....... r~,~, ,a~ ~a~Ua~ con-
text, ic ~s ~Kely that such ordinance would be held constitutional.
It was noted that although the City's solicitation ordinance
appears to be constitutional, it has, nevertheless, been criticized
because it does not require discussion of money or other consideration
and because it could extend to solicitations occurring in private pla-
ces; that such criticism would also extend to the State's solicitation
47
ACTION:
statute, the constitutionality of which was upheld by the Virginia
Court of Appeals in Fletcher v. Commonwealth; that some of the criti-
cism of the City's ordinance may arise simply because critics believe
that acts of sodomy, adultery and fornication should not constitute a
crime when carried out by two consenting adults in private; and whether
such acts should be crimes, however, is beyond the control of Council.
The City Attorney recommended, if Council desires to further insu-
late the City's solicitation ordinance from constitutional attack, or,
if Council simply desires to restrict the City's ordinance to more
narrow circumstances, the following two new elements could be added to
the ordinance:
(1)
require that any solicitation include
discussion of price or other consideration for
commission of a sex act; and
(2)
limit application of the ordinance to solici-
tations that occur in places open to the
public.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#30363-10791) AN ORDINANCE amending and reordaining §21-18.1
Solicitation for fornication, sodomy or adultery, Code of the City of
Roanoke (1979), as amended, to require that the crime of solicitation
include discussion of price or other valuable consideration and a
requirement that any solicitation shall occur in a place open to the
public; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 188.)
Mr. Harvey moved the adoption of Ordinance No. 30363-10791. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor .............. 6.
NAYS: None ...........................
(Council Member Bowers was absent.)
EIVIC CENTER: The ~*~ a*+ ......... ~m~++~ .... ~
advising that at its meeting on December 17, 1990, Council requested
that the City Attorney submit a report with regard to how the City
could regulate certain offensive behavior which has taken place at
events performed in the Roanoke Civic Center.
48
ACTION:
Mr. Dibling further advised that singing and dancing are forms of
artistic expression which are protected by the First Amendment; that
since its opening in 1971, the Roanoke Civic Center has been utilized
as a public forum for the exercise of First Amendment rights; and once
a facility has been opened up as a public forum, the Federal Courts
will not permit a local government to prohibit certain promoters from
using the facility on the basis of the content of the production.
It was explained that obscenity and unlawful conduct are not pro-
tected by the First Amendment; that the courts, however, will not per-
mit local governments to assume that a particular production will be
obscene; that if the local government were to assume in advance that
the production will be obscene and to prohibit the production on this
basis, such action would constitute improper prior restraint and would
not be permitted without an adversarial judicial proceeding; that there
are a variety of measures that can be taken when Civic Center manage-
merit suspects that a performance may run afoul of State statutes or
local ordinances; and therefor he recommended, as he has recommended in
the past, that the producer and performers of such productions be
placed on advance notice of the applicable criminal laws and ordinances
which apply to the suspected unlawful conduct.
Mr. Dibling stated that he also supports the use of public
disclaimers which are issued by the City in advance of potentially
offensive performances; that such disclaimers inform citizens that the
production is in no way endorsed or subsidized by the City and urge the
exercise of discretion in attendance of the production; that parents,
in particular, are urged to carefully exercise their discretion as to
the performances their children are permitted to attend; that in addi-
tion, the Commonwealth Attorney's Office and the Police Department
should also be given advance notice of potentially offensive produc-
tions; and with notice, appropriate law enforcement officials may be
present to monitor the performance and to insure proper arrest and
prosecution when criminal violations occur.
It was pointed out that when prohibited acts are committed on a
public stage, promoters and performers and in some cases the owners or
operators of the facility, may be subject to prosecution under a number
of criminal statutes and ordinances as more fully set forth in the
report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report be received and filed. The
motion was seconded by Mr. Harvey and adopted.
Council Member Harvey suggested that the City Manager instruct the
Manager of the Roanoke Civic Center to transmit a letter with each
contract for use of the Civic Center setting forth applicable criminal
laws and ordinances which apply to suspected unlawful conduct during
performances.
49
m
ACTION:
REPORTS OF COMMITTEES:
AUDIT COMMITTEE: Minutes of the Audit Committee meetin§ which was
held on Monday, December 17, 1990, advising of the following actions,
were before Council.
received and filed the June 30, 1990, audit report
for the City of Roanoke School Activity Funds;
received and filed the following June 30, 1990,
reports from KPMG Peat Marwick:
Evaluation of Municipal Audit Department
Opinion on the June 30, 1990, APA Comparative
Cost Report
Letter of Recommendations on Procedures and
Controls (Management Letter);
Mr. Doug McQuade, of KPMG Peat Marwick, stated that
he had received a satisfactory response from the
City Manager regarding the Management Letter;
referred the matter of providing health care
coverage for City retirees to 1991-92 budget study,
and the Director of Finance will report at budget
study on how other localities and the Roanoke City
School Board handle this issue;
received and filed a briefing from the Director of
Finance and the Office of Billings and Collections
on the bingo ordinance and procedures; and
proposed change to City Charter Section 25.2
regarding the Municipal Auditor was deferred until
the next scheduled meeting on January 7, 1991, to
allow the City Manager, City Attorney, Director of
Finance, and Acting Municipal Auditor time. to
respond to the proposed changes.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Harvey moved that the minutes be received and filed.
motion was seconded by Mr. Fitzpatrick and adopted.
The
oUV~s~ng that Civic Center computerized ticket sales have been
contracted through Ticketron, L. P., since January 1983; that the City
solicited bids in 1985 from the major computer ticketing firms
throughout the country when Ticketron's initial three-year contract
expired; that Ticketron, L. P., was the only response to the City's bid
50
ACTION:
ACTION:
request in 1985; that the City and Ticketron entered into an agreement
on January 1, 1986, for a five-year term with no provision for an
extension; and public acceptance and support of the computerized
ticketing system has been overwhemingly successful during the past
eight years.
It was further advised that the Civic Center Commission is
authorized, pursuant to Section 24-48 (a) (5), Code of the City of
Roanoke (1979), as amended, to "determine and establish matters of
policy with reference to ticket sales;" that the current contract with
Ticketron expired on January 1, 1991; that the City solicited bids in
September, 1990 from the major computerized ticketing firms throughout
the country, pursuant to the procurement chapter of the Roanoke City
Code; and two bids were received after due and proper advertisement.
The Roanoke Civic Center Commission recommended that Council
authorize the City Manager to execute an agreement with Ticketron,
L. P., to provide computerized ticketing services for the Roanoke Civic
Center, subject to approval by the City Attorney; and reject the other
bid received by the City.
The City Manager submitted a written report concurring in the
recommendation of the Roanoke Civic Center Commission.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#30364-10791) A RESOLUTION accepting the bid of Ticketron,
Limited Partnership, made to the City for computerized ticketing ser-
vices for the Roanoke Civic Center and rejecting all other bids made to
the City.
(For full text of Resolution, see Resolution Book No. 52, page 189.)
Mr. Harvey moved the adoption of Resolution No. 30364-10791. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ............... 6.
NAYS: None ........ O.
(Council Member Bowers was absent.)
Mr. Harvey moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Musser and adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
51
ACTION:
ACTION:
SPECIAL PERMITS: Ordinance No. 30345-10791 granting to Junior
Achievement of Southwest Virginia, Inc., a revocable permit to mount
certain flags on street lighting poles in the Central Business District
of the City, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, December 17, 1990,
read and adopted on its first reading and laid over, was again before
the body, Mr. White offering the following for its second reading and
final adoption:
(#30345-10791) AN ORDINANCE granting to Junior Achievement of
Southwest Virginia, Inc., a revocable permit to mount certain flags on
street lighting poles in the Central Business District of the City,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 181.)
Mr. White moved the adoption of Ordinance No. 30345-10791. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ................. 6.
NAYS: None .......... O.
(Council Member Bowers was absent.)
SALE/PURCHASE OF PROPERTY: Ordinance No. 30353-10791 providing
for the sale and conveyance of a parcel of surplus City-owned property
located at 306 Sixth Street, S. W., and bearing Official Tax No.
1112502, to W. R. Sowers trading as S & R Towing and Repair Service, in
the amount of $18,000.00, having previously been before the Council for
its first reading on Monday, December 17, 1990, read and adopted on its
first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#30353-10791) AN ORDINANCE providing for the sale and conveyance
of a parcel of surplus City-owned property located at 306 Sixth Street,
S. W. and bearing Official Tax No. 1112502.
(For full text of Ordinance, see Ordinance Book No. 52, page 182.)
Mrs. Bowles moved the adoption of Ordinance No. 30353-10791. The
motion was seconded by Mr. Fitzpatrick and adopted bv th~ m,~.~--
vote: ......... ~
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ........ 6.
NAYS: None ........... O.
(Council Member Bowers was absent.)
52
ACTION:
ACTION:
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
BUDGET-CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT PROGRAM: Mr.
Fitzpatrick advised that at the Council meeting on Monday, December 17,
1990, he suggested that the City Manager review the matter of budgeting
for capital equipment replacement on an annual basis and it was his
intention to make a motion to refer the matter to the City Manager for
report; however, during the course of discussion, he failed to do so;
whereupon, Mr. Fitzpatrick moved that the City Manager be requested to
submit a report to Council with regard to budgeting for capital equip-
ment replacement on an annual basis as a part of the City's fiscal year
budget. The motion was seconded by Mr. Musser and adopted.
OTHER HEARINGS OF CITIZENS:
BINGO AND RAFFLE OPERATIONS-SCHOOLS: Mr. Garry Fleming, Vice-
President, Grandin Court Elementary School PTA, appeared before Council
and requested that the Roanoke City Schools be exempt from the bingo
and raffle ordinance recently enacted by Council, or that the bingo and
raffle ordinance be modified as it pertains to the Roanoke City
Schools, and that the bingo and raffle form(s) be simplified.
Mr. Harvey moved that the matter be referred to the Director of
Finance for study, report and recommendation to Council. The motion
was seconded by Mr. Musser and adopted.
At 3:00 p.m., the Mayor declared the meeting in recess.
At 4:23 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowers.
COUNCIL: Mr. White moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey. M,~pr_ White
and Mayor Tavlnr ..................... 6.
NAYS: None ............
(Council Member Bowers was absent.)
53
ACTION:
ACTION:
ACTION:
BUILDING DEPARTMENT BOARD OF BUILDING CODE APPEALS): The Mayor
advised that there is a vacancy on the Building Maintenance Division of
the City's Board of Building Code Appeals, for a term ending November
10, 1994, and called for nominations to fill the vacancy.
Mr. White placed in nomination the name of Mr. Howard W.
Childress, Sr.
There being no further nominations, Mr. Childress was elected as a
member of the Building Maintenance Division of the City's Board of
Building Code Appeals, for a term ending November 10, 1994, by the
following vote:
FOR MR. CHILDRESS: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ............. 6.
(Council Member Bowers was absent.)
HOUSING (REDEVELOPMENT AND HOUSING AUTHORITY): The Mayor advised
that there is a vacancy on the Roanoke Redevelopment and Housing
Authority, created by the resignation of Mr. Wallace I. Allen, for a
term ending August 31, 1992, and called for nominations to fill the
vacancy.
Mr. Fitzpatrick placed in nomination the name of Mr. James W.
Burks, Jr.
There being no further nominations, Mr. Burks was elected as a
member of the Roanoke Redevelopment and Housing Authority, to fill the
unexpired term of Mr. Wallace I. Allen, resigned, ending August 31,
1992, by the following vote:
FOR MR. BURKS: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ......... 6.
(Council Member Bowers was absent.)
PLANNING (FIFTH PLANNING DISTRICT COMMISSION): The Mayor advised
that there is a vacancy on the Fifth Planning District Commission,
created by the resignation of Mr. Jerome S. Howard, Jr., for a term
ending December 31, 1993, and called for nominations to fill the
vacancy.
Mr. Fitzpatrick placed in nomination the name of Mr. David C.
Anderson.
There being no further nominations, Mr. Anderson was elected as a
member of the Fifth Planning District Commission for a term ending
December 31, 1993, by the following vote:
FOR MR. ANDERSON: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ........ 6.
(Council Member Bowers was absent.)
54
AIR POLLUTION CONTROL (ADVISORY AND APPEAL BOARD): The Mayor
advised that the four year term of Mr. Robert C. Hudson as a member of
the Advisory and Appeal Board, Air Pollution Control, expired on
Decmeber 31, 1990, and called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Mr. Robert C. Hudson.
ACTION:
There being no further nominations, Mr. Hudson was reelected as a
member of the Advisory and Appeal Board, Air Pollution Control, for a
term ending December 31, 1994, by the following vote:
FOR MR. HUDSON: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ......... 6.
(Council Member Bowers was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 4:27 p.m.
ATTE ST:
City Clerk
APPROVED
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 14, 1991
7:30 p.m.
The Counci] of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, January 14, 1991, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
~eetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members David A. Bowers, Beverly T. Fitzpatrick, Jr.,
(arrived at 7:50 p.m.), James G. Harvey, II, Howard E. Musser, William White,
Sr., and Mayor Noel C. Taylor ......... 6.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
Mayor Taylor opened the meeting with a moment of silent prayer. He
then called attention to the approaching deadline on January 15, 1991, for Iraqi
withdrawal from Kuwait, and suggested that churches and chape]s in the Roanoke
area be open throughout the day on January 15 so that citizens who wish to do so
may take time to pray in the church of their choice.
The invocation was delivered by The Reverend T. R. King, Pastor, Valley
Christian Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, January 14, 1991, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. and Mrs.
Donald L. Graybill that three alleys situated in Block 2, Map of
EdQewood A~d~nn. lnr~ h~twppn Rth ~n~ P~/,c.,~.~ ..... .~, S. E. , ~e per-
manently vacated, discontinued and closed, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
December 28, 1990, and Friday", January ~, 1991.
(See publisher's affidavit on file in the City Clerk's Office.)
56
ACT!ON:
A report of the City Planning Commission recommending that Council
approve the request for alley closure, subject to the following con-
ditions, was before the body.
That the applicants agree to provide to the City a
properly executed subdivision plat for review,
approval and recordation, showing thereon the divi-
sion of the subject alley sections according to
established title or by mutual agreement of the
owners of properties abutting thereto.
That the applicants agree to install a chain-link
fence, 6 feet in height across alleys #2 and #3 at
a location to be determined and shown on the final
plat of subdivision, to be reviewed and approved by
the City. Installation and future maintenance of
said fences to be placed upon said plat as a
restrictive convenant.
That if the above listed conditions have not been
met and provided for within a period of 12 months
from the date of the ordinance effecting the sub-
ject closures, such ordinance shall become null and
void with no further action by City Council being
necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#30365) AN ORDINANCE permanently vacating, discontinuing and
closing certain public rights-of-way in the City of Roanoke, Virginia,
as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 195.)
The motion was seconded by Mr. White.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for closure. There being
none, Ordinance No. 30365 was adopted, on its first reading, by the
following vote:
AYES:
taylor .......
Council Mpmh~wc o ....... ,,
....... , ..... ~, [:~ssa,, White and Mayor
5.
NAYS: None ........ O.
(Council Member Bowles was absent.)
(Council Member Fitzpatrick had not arrived at the meeting.)
57
B~TT~U*
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, January 14, 1991, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Showtimers of
Roanoke Valley, Inc., that a tract of land lying on the southwesterly
side of McVitty Road near its intersection with Bruceton Road, S. W.,
identified as Official Tax No. 5100908, be rezoned from RS-l,
Residential Single Family District, to CN, Neighborhood Commercial
District, subject to certain conditions proffered by the petitioner,
the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
December 28, 1990, and Friday, January 4, 1991.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning is to bring the existing playhouse theatre
into conformance with current zoning regulations and to permit the
expansion of the facility, was before Council.
The Planning Commission recommended that Council approve the
request for rezoning, advising that the rezoning would place an
existing non-conforming use and building into a conforming zoning sta-
tus and allow for the proposed expansion of the facility. It was
explained that preservation of the substantial natural vegetation on
the site, the character of the existing structure and its proposed
addition, and the adaptive reuse of the structure demonstrate an aware-
ness and sensitivity to adjoining properties and a desire to continue
to be a harmonious development to those residentially zoned areas as
set forth in the comprehensive plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the following Ordinance be placed upon its
first reading:
(#30366) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 510, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 51, page 196.)
,.,~ ,,~&ivn was seconded by Mr. Bowers.
Mr. Edward A. Natt, Attorney, appeared before Council in support
of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 30366 was adopted, on its first reading, by the
following vote:
58
AYES:
Tayl or--
Council Members Bowers, Harvey, Musser, White and Mayor
5.
NAYS: None ........................
(Council Member Bowles was absent.)
(Council Member Fitzpatrick had not arrived at the meeting.)
At this point, 7:50 p.m., Council Member Fitzpatrick entered the
meeting.
COUNCIL-ELECTIONS: Council having authorized the City Clerk to
advertise a public hearing for Monday, January 14, 1991, at 7:30 p.m.,
or as soon thereafter as the matter may be heard, with regard to deter-
mining if the citizens of the City of Roanoke desire Council to request
the General Assembly of Virginia to modify the manner in which the mem-
bers of City Council are elected, specifically whether all or some mem-
bers of City Council should be elected from election districts and if
so, how such election districts should be organized, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News, on Friday,
January4, 1991.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Attorney submitted a written report advising that at the
Council meeting on Monday, November 12, 1990, he was requested to study
the legal aspects of the matter, as well as the following five specific
questions:
Is the City legally required by the decision
in Collins v. City of Norfolk, or by any other
legal pre66'd6nt, to establish an election
district system?
If the City Council opts to establish an elec-
tion district system, what legal principles
must be adhered to?
Must any election districts created by City
Council be based on the 1990 census dates?
What procedural steps are necessary for adop-
tion of an election district plan?
May a referendum be held to determine if the
voters of the City support amendment of
Council election procedures?
(For full text, see report on file in the City Clerk's Office.)
59
The Mayor inquired if there were persons in attendance who would
like to address Council and called attention to the fact that five per-
sons had registered to speak. He requested that each person limit his
or her remarks to five minutes.
Mr. H. Joel Kelley, 378 Elm Avenue, S. W., requested that the City
Attorney review the five questions contained in his report.
Following the City Attorney's review of the report, Mr. Kelley
advised that although he prefers a ward system to a modified ward
system, he believes that some type of modified ward system would bene-
fit the citizens of Roanoke the most. He stated that in addition to
voting on the issue, citizens should be involved from beginning to
completion and, for this reason, he had established a Coalition of
Citizens composed of organizations, businesses and government officials
to insure that all citizens will have an equal voice. He advised that
following the Council meeting, he hoped to expand the Coalition and
announce the date of the first meeting in the very near future.
Ms. Evangeline Jeffrey, President, Roanoke Branch NAACP, advised
that she supports the change to modify the manner in which the City
Council of Roanoke is elected. She stated that she did not come to
condemn the representation that Council has provided to the City;
however, there is a system that could be employed which would better
serve the needs of the citizens of Roanoke. She proposed a modified
ward system, and advised that in proposing such a system, it should be
pointed out that this is not an issue that is germaine only to the
black community, but it is germaine to the entire Roanoke City area
because it will enable representation from all segments of the com-
munity. She noted that she would not like to see the issue become a
political volleyball to be bounced back and forth as it has in years
past. She requested that the issue be taken seriously, that it be pro-
ceeded upon as expeditiously as possible, and that a system be insti-
tuted that will allow more representation by the total community. She
stated that a modified ward system would provide direct representation
from general communities that fit into certain patterns, that it would
offer some at-large representation, and it would provide a method of
checks and balances for the political system.
Ms. Elizabeth Fetter, representing the League of Women Voters.
advised that the League was invited to study the issue in 1976. and
made certain reconm~ndations based on the belief that these recon~en-
dations will represent a more equitable system for Roanoke City govern-
ment, and the League has reaffirmed its recommendations every two years
at its Annual Meetinq. ~ko ~+=+~ ek~+ +~ ' ...... o, Wu..~n voters
"°~".__-:--,~,,J~- ~,: ~om)owing three changes in the manner in which the
Roanoke City Council is elected and serves:
Council be expanded to nine members, with
either five members elected from districts and
four, including the Mayor, elected at-large,
or four members elected from districts and
five, including the Mayor, elected at-large;
60
All Council Members, including the Mayor, be
limited to serving two consecutive four year
terms on Council; and
Council be empowered to elect one of its mem-
bers, not necessarily the Mayor, to serve as
its presiding officer and another member to
serve as Vice-Mayor.
Mr. Steven P. Jones, 12 13th Street, S. W., addressed the issues
of the fairness and democratic nature of a ward system, a ward system
versus a modified ward system, and a referendum. He stated that it is
felt and it has become exceedingly clear that fair, equal represen-
tation is not being achieved with the present at-large system, and many
people in the City feel that they are not being fairly represented with
the current system. He commented that at best the current system pro-
vides a broad and impersonal representation where a need exists for
Council ties and accountability to the people, advising that citizens
should be appalled at the at-large system that squelches the minority
voice and diminishes equal representation. He urged the adoption of a
ward system as opposed to a modified ward system because a modified
ward system is only slightly better than the present at-large system
and would maintain the same inequities. He explained that the ultimate
goal of this exercise should be the assurance of fair and equal repre-
sentation for all citizens, advising that a ward system will draw boun-
daries that appear to be the best and only real means to reach that
goal. He applauded Council for its leadership on the issue and
expressed the hope that Council will seek General Assembly approval of
a City Charter amendment and spare the taxpayers the expense of a
referendum and the almost certain litigation should the measure fail.
Mr. A. Byron Smith, representing the Peoples Voters League,
advised that he was surprised and appalled that Council would direct
the City Attorney to seek out ways and make recommendations about a
ward system and that his report would deal almost exclusively with how
it would not affect the black con~nunity, particularly when this is not
a black issue. He stated that the Peoples Voters League recommends
that Council adopt the modified ward system for all of the City of
Roanoke, advising that there are sections of the City that have not
been properly represented in the matters of Council as they focus on
the business of the City. He added that it is hoped that the matter
will not be delayed any longer than the 1992 Councilmanic election and
that there not be less than four wards, with the Mayor and the
Vice-Mayor to be elected at-large.
~ne mayor inquired if there were other persons who wished to be
heard at which time no other citizen expressed a desire to speak.
Question was raised as to the earliest possible estimated date
that a ward system or a modified ward system could be implemented;
whereupon, the City Attorney advised that it would be difficult to be
extremely precise on the issue at this particular time, however, if
Council was desirous of holding a referendum, it could probably occur
on November 5, 1991, which would be the next General Election. He
further advised that if a referendum is held on November 5, 1991, the
61
ACTION:
matter could go to the 1992 Session of the General Assembly and some-
time during that period the General Assembly could approve a Charter
bill. Thereafter, Mr. Dibling stated that the Governor would have to
sign the Charter bill and as soon as that action occurred, the City
could make its submission to the Department of Justice. Ne explained
that ordinarily the Governor does not sign Charter bills until several
days or weeks after the conclusion of the General Assembly Session,
however, assuming that the Governor were to sign the City Charter bill
on the last day of the General Assembly Session, the matter could be
submitted to the Department of Justice on March 8, 1992; and the
Department of Justice has 60 days by statute to respond which would
expire on May 8, 1992. He explained that given Department of Justice
approval could take until May 8, 1992, it would be unlikely that the
City could hold an election under the new system before the Council-
manic election in May of 1994.
Mr. Bowers referred to correspondence from Mr. Robert E.
Firebaugh, 110 Mountain Avenue, S. W., under date of November 26, 1990,
December 4, 1990, and January 6, 1991, along with several pages of ana-
lysis and statistics, and requested that the correspondence be made a
part of the official public record.
Following considerable discussion and questions by the Mayor and
Members of Council, Mr. Harvey moved that the matter be referred back
to the City Manager and the City Attorney for report to Council by
Monday, March 11, 1991, with regard to necessary steps that must be
taken prior to resolution of the question. Council also requested that
public hearings be held in all four quadrants of the City. The motion
was seconded by Mr. Musser and adopted.
TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY-TAXES: Pursuant to
motion by Council on Monday, December 17, 1990, the City Clerk having
advertised a public hearing for Monday, January 14, 1991, at 7:30 p.m.,
or as soon thereafter as the matter may be heard, on the request of
Total Action Against Poverty in Roanoke Valley for adoption of a reso-
lution pursuant to §30-19.04, Code of Virginia (1950), as amended, for
designation of property to be exempt from taxation, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Wednesday,
January 2, 1991.
(See publisher's affidavit on file in the City Clerk's Offir.~_)
Mr. Fitzpatrick offered the following Resolution:
(#30367-11491) A RESOLUTION supporting tax exemption of certain
property owned by Total Action Against Poverty in Roanoke Valley in the
City of Roanoke used by it exclusively for charitable and benevolent
purposes on a non-profit basis, and memorializing a certain agreement
between Total Action Against Poverty in Roanoke Valley and this City.
(For full text of Resolution, see Resolution Book No. 52, page 190.)
62
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No. 30367-11491.
The motion was seconded by Mr. Musser.
The City Manager submitted a written report advising that City
staff met with the City Attorney to review the criteria for tax exemp-
tion which is required by Article 10, Section 6(a) (6) of the Constitu-
tion of Virginia and Section 30-19.04 (A), Code of Virginia (1950), as
amended; that a field review of all of the properties requested for tax
exemption was held; and a meeting with Mr. Theodore J. Edlich, III,
Executive Director of TAP was also held.
Mr. Herbert further advised that the following four properties
meet the criteria as set forth in the abovecited legislation and should
be considered for tax exemption:
Assessed Tax Revenue
Location Value Loss
620 Shenandoah Avenue
Head Start Building
Official Tax No. 2113206
$123,900.00
$1,548.74
606, 614 19th Street*
Old Kroger Building
Official Tax No. 2322001
$323,000.00
$4,037.50
110 First Street
Old Dumas Hotel
Official Tax No. 2013504
$ 54,000.00
675.00
23 - 24th Street
Transitional Living Center
Official Tax No. 2311102
$318,2'50.00
$3,978.12
*Assessed Value and Tax Revenue Loss are prorated since approximately
35% of the building is currently occupied by Super-X Drug.
The City Manager noted that eight unimproved properties were also
submitted for consideration by TAP, and inasmuch as they are currently
not being used "exclusively" for one of the qualifying purposes, tax
exemption should not be considered at this time.
(For full text, see report on file in the City Clerk's Office.)
T~c ~.:a~u, ;nqulreo it there were persons present who would like to
address Council with regard to the matter; whereupon, Mr. Edlich
expressed appreciation for Council's consideration of the request of
TAP.
No other person wishing to be heard, Resolution No. 30367-11491
was adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey, Musser and
Mayor Taylor ................ ---5.
NAYS: None---
(Council Member Bowles was absent.)
from voting.)
(Council Member White abstained
62
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately.
ZONING-ANNUAL REPORTS: A communication from Mrs. Ruth C.
Armstrong, Secretary, Board of Zoning Appeals, transmitting the Annual
Report of the Board of Zoning Appeals for the year 1990, was before
Council.
(For full text, see communication and Annual Report on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the communication and Annual Report be
received and filed. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ........ 6.
NAYS: None ....... O.
(Council Member Bowles was absent.)
ZONING: A communication from Mr. Glynn D. Barranger tendering his
resignation as a member of the Board of Zoning Appeals for personal
reasons, effective March 1, 1991, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the resignation be accepted with regret
and that the communication be received and filed. The motion
.......... j ..,,. ~or-vey ~na aaopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ......... 6.
NAYS: None .........
(Council Member Bowles was absent.)
64
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY ),~NAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-SCHOOLS-SEWERS AND STORM DRAINS: The City Manager sub-
mitted a written report advising that Crystal Spring Elementary School
was constructed in 1922 on Carolina Avenue between 26th Street and 27th
Street, S. W., in the South Roanoke neighborhood; that adjoining pro-
perties at the northwest corner of 27th Street and Rosalind Avenue were
acquired in 1977 to provide playground space for the elementary school;
and the alley running between 26th and 27th Streets separates the main
school building from the playground area, and the southerly 180 feet
was legally closed pursuant to Ordinance No. 24938, adopted on Monday,
December 10, 1979.
It was further advised that the Roanoke City School Board has
entered into a contract to renovate Crystal Spring Elementary School;
that site improvements provide for the alley pavement to remain in
place to convey overland stormwater flow from 27th Street and the
general vicinity south of the school; that playground equipment is to
be installed using available Park Improvement Bond funds and school
bond funds to provide a joint-use school-neighborhood facility; and
better use of available space could be made if the alley pavement were
removed so as to physically join the main school and playground areas
which would necessitate the installation of an enclosed storm drain
facility.
The City Manager recommended that Council authorize payment of
one-half of the cost of enclosing storm drainage in a pipe system under
the alley between 26th and 27th Street, S. W., adjacent to Crystal
Spring Elementary School so as to facilitate improving the use of
school-park facilities; and appropriate $13,985.00 from Capital
Improvement Reserve, Storm Drain, Account No. 008-052-9575-9176, to
Renovation of Crystal Spring Elementary ~-'~., AL~uu,~ Nu. 606-6~u-
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30368-11491) AN ORDINANCE to amend and reordain certain sections
of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 191.)
65
ACTION:
Mr. White moved the adoption of Ordinance No. 30368-11491. The
motion was seconded by Mr, blusser and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ............. .6.
NAYS: None ....... O.
(Council Member Bowles was absent.)
BUDGET-GRANTS-YOUTH: The City Manager submitted a written report
advising that in 1988, 222 Roanoke City youth were placed in residen-
tial care; that monthly cost per child in residential care ranges from
$550,00 to $14,100.00; and sometimes children are unnecessarily
referred to residential care due to the following:
insufficient resources locally to address the
child's needs;
insufficient coordination among local service agen-
cies to provide "holistic' approach; and
inability of family to handle the problem.
It was further advised that treatment of dysfunctional family or
younger siblings is not addressed by just removin9 a troubled child
from the family; that the City applied to the State Council on
Community Services for Youth and Families for a demonstration grant on
September 27, 1990, on behalf of a multi-agency task force comprised of
Roanoke Social Services, Court Service Unit, Community Services Board
(Mental Health Services), Roanoke City Health Department, and Roanoke
City Schools; and the program will provide the following services:
better coordination of service agencies to provide
better screening and referral of cases;
emphasis on care and treatment of the whole family;
and
increased local alternatives for child placement
and treatment.
It was explained that the goal of the program is to reduce the
number of Roanoke children referred to residential treatment ~.rh v~.~
.n~ ~. (.~ +~e ~..qtcr GF ~uu~m returned to the con~nunity fro~
residential care; that Roanoke City received a demonstration grant
award totalling $401,641.00 over two fiscal years, with $67,207.00 to
be awarded for the remainder of fiscal year 1991, and $334,439.00 for
fiscal year 1992; that the City is one of six localities in Virginia to
receive such a grant; and Council's authorization is needed for the
City Manager to execute a grant agreement with the State Department of
Criminal Justice Services.
66
ACTION:
ACTION:
The City Manager recommended that he be authorized to execute the
grant agreement with the State Department of Criminal Justice Services,
and appropriate $67,202.00 to accounts to be established by the
Director of Finance in the 9rant fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30369-11491) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 191.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30369-11491.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ........... .6.
NAYS: None ....... O.
(Council Member Bowles was absent.)
Mr. Fitzpatrick offered the following Resolution:
(#30370-11491) A RESOLUTION authorizing execution of a Grant
Agreement with the State Department of Criminal Justice Services on
behalf of the City to accept a Demonstration Grant Award from the State
Council on Community Services for Youth and Families and to comply with
the terms and conditions of the grant and applicable laws, regulations,
and requirements pertaining thereto.
(For full text of Resolution, see Resolution Book No. 52, page 192.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30370-11491.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ....... 6.
NAYS: None .......
O.
(Council Member Bowles was absent.)
BUDGET-CIVIC CENTER: The City Manager submitted a written report
advising that the Civic Center hosts an average of 193 contractual
events per year, including single and multi-day performances; that
average use of the Civic Center is 259 days per year; that occupancy
rate, including one or more of the facilities used simultaneously,
averages 72 per cent; and yearly attendance during the last three years
average 529,584.
67
ACTION:
It was further advised that certain capital improvements and
routine maintenance are needed due to normal usage of the facility, as
follows:
sound system
repairs to damaged concrete on plaza
painting
custodial and miscellaneous maintenance
It was explained that the City will host the Metro Conference
Basketball Tournament on March 7, 8 and 9, 1991; and funds are needed
to improve the appearance of the Civic Center prior to the Tournament.
The City Manager recommended that Council appropriate $49,500.00
to Maintenance - Buildings, Account No. 005-050-2105-2050, from
Retained Earnings; and appropriate $18,000.00 to Capital Outlay - Other
Equipment, Account No. 005-050-8600-g015, from Retained Earnings.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#30371-11491) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Civic Center Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 193.)
Mr. Harvey moved the adoption of Ordinance No. 30371-11491. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor-- -6.
NAYS: None ..................................................... O.
(Council Member Bowles was absent.)
VIRGINIA TECH-LEGISLATION-TRADE AND CONVENTION CENTER: The City
Manager submitted a written report advising that a Memorandum of
Understanding between Virginia Tech and the City of Roanoke concerning
the conference center adjacent to the Hotel Roanoke was approved and
signed on August 27, 1990; that the agreement con~nitt~ ,h~ r~.._._~ ~
Virginia mec~) cud ~m)i~m)mlmu[ml $~ mimmlon conference center to be built if
the Hotel Roanoke is redeveloped; that first priority is for the Center
to be owned and operated by a commission that would be made up of
appointees from Virginia Tech and the City of Roanoke; and legislation
to form said con~nission would be pursued in the 1991 Session of the
General Assembly.
68
ACTION:
It was further advised that all proposed legislation to be con-
sidered by the General Assembly this year must be submitted no later
than January 22, 1991; and the main components of the proposed com-
mission legislation are as follows:
The original commission would be a political sub-
division made up of the City of Roanoke and VPI &
SU.
There would be six commissioners made up of three
from each entity. The chairman and vice chairman
would be picked from the commissioners.
The commission would have the authority to issue
bonds, purchase and sell real estate, develop a
conference center and related facilities, and enter
into lease agreements on the operation of the con-
ference center.
The commission would set the fee structure and
booking policies relating to the conference center.
If other jurisdictions or public entities wanted to
join the co~ission, the amount of capital and
operational contribution they would make and the
number of seats they would have on the commission
board would all be negotiated and approved by the
commission, the City of Roanoke and Virginia Tech.
The City Manager recommended that Council approve draft commission
language and authorize the City Attorney to submit said draft to the
General Assembly by January 22, 1991.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the recommendation.
The motion was seconded by Mr. Harvey and adopted.
REPORTS OF COMMITTEES:
BUDGET-JUVENILE DETENTION HONE: Council Member William White,
Sr., Chairman of a con~ittee appointed by the Mayor to tabulate bids
received for replacement of seven security doors, frames, hardware and
related work at the Juvenile Detention Hom~. ."---~,,~- ~ ,r~en repor~
o,~ G:;,~iF u~ ~he bommittee, recommending that the City Manager be
authorized to enter into a contractual agreement with Construction
Services of Roanoke, Inc., for the abovestated work, in accordance with
contract documents as prepared by the City Engineer's Office, in the
total amount of $23,927.00 and 180 consecutive calendar days, subject
to approval by the City Attorney; that the Director of Finance be
authorized to transfer $9,004.00 from Fixed Asset Maintenance, Account
No. 001-002-9410-2201, and $14,923.00 from Account No. 001-054-3320-
9015, to Account No. 001-054-3320-9060, Construction Other; and reject
all other bids received by the City.
ACTION:
ACTION:
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30372-11491) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 193.)
Mr. White moved the adoption of Ordinance No. 30372-11491. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor .......... 6.
NAYS: None ........ .0.
(Council Member Bowles was absent.)
Mr. White offered the following emergency Ordinance:
(#30373-11491) AN ORDINANCE accepting the bid of Construction
Services of Roanoke, Inc,, for replacement of seven security doors,
frames and hardware and related work at the Juvenile Detention Home,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 194.)
Mr. White moved the adoption of Ordinance No. 30373-11491. The
n~)tion was seconded by Mr, Harvey and adopted by the following vote:
AYES: Council Members Bowers, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor ............ 6.
NAYS: None ........
Member Bowles was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
70
OTHER HEARINGS OF CITIZENS:
COMPLAINTS-STREETS AND ALLEYS-SIDEWALK, CURB AND GUTTER: Mr,
Marion A. Grabala, 2841Edgewood Street, S. W., appeared before Council
and called attention to dangerous conditions with regard to a large
pothole in the vicinity of his residence. He requested installation of
a sidewalk on Edgewood Street.
ACT[ON:
Mr. Harvey moved that the matter be referred to the City Manager
for investigation and report to Council on Tuesday, January 22, 1991.
The motion was seconded by Mr, Musser and adopted.
There being no further business, the Mayor declared the meeting
adjourned at 8:55 p.m.
ATTEST:
City Clerk
APPROVED
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
January 22, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, January 22, 1991, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., James G. Harvey,
II, Howard E. Musser, William White, Sr., David A. Bowers, Elizabeth T. Bowles
and Mayor Noel C. Taylor ..... 7.
ABSENT: None ...... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; William X Parsons, Assistant City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Fleet Powell, Jr.,
Pastor, Colonial Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-SCHOOLS-SISTER CITIES: Dr. Elizabeth Lee,
Principal, Patrick Henry School, advised that for many years the City
of Roanoke and the City of Wonju have maintained a sister city rela-
tionship, with exchange visits by municipal and professional organiza-
tions. She stated that today it was her pleasure to report that
Patrick Henry High School has established a link with the schools of
Wonju City and introduced 14 students from seven different high schools
in Wonju, thereby establishing the first high school link with the
Roanoke Sister City Program. She introduced the leader of thp ,rnm)n
an English teacher at Wonju High School, who extended best wishes ~
the citizens of the City of Roanoke from the citizens of the City of
Wonju.
Ms. Sae Jin Yu assisted the Mayor in presenting Honorary Citizen-
ship Certificates to each participant, as well as a Roanoke Valley
poster and a pin with the star and the City's official flower, the
iris, embossed thereon.
The Mayor was presented with a scholarship check, in the' amount of
$500.00.
72
ACTION:
ACTION:
BID OPENINGS:
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for
bids for improvements to Huff Lane, Thrasher, Fishburn, Shrine Hill,
Lakewood, Staunton Avenue, and West End Parks, said bids to be received
by the City Clerk until 1:30 p.m., on Tuesday, January 22, 1991, and to
be held, opened and read before the Council at 2:00 p.m., on that date,
or as soon thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
L. H. Sawyer Paving Company, Inc. $147,155.00
H & S Construction Company 148,446.95
Construction Services of Roanoke, Inc. 154,500.00
Virginia Asphalt Paving Company, Inc. 156,864.00
S. R. Draper Paving Company 163,179.00
Gardner-Smith, Inc. 173,000.00
Acorn Construction, Ltd. 176,400.00
Breakell, Inc. 186,000.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
The Mayor appointed Messrs. William White, Sr., Chairman,
George C. Snead, Jr., and William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered ~na~ate!y. ::e c&il:d specific
att6i~iu,j ~u two requests for Executiv~ Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council, and a matter with regard
to a special award, being the Annual Citizen of the Year Award.
MINUTES: Minutes of the regular meetings of Council held on
Monday, October 1, 1990; Monday, October 8, lggO; Monday, October 15,
1990; and Monday, October 22, 1990, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Mr. Bowers moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor .... 7.
NAYS: None .......... --0.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full ~ext, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia {1950), as amended. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ........ .7.
NAYS: None ........ .0.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a special award, being the Annual Citizen
of the Year Award, pursuant to Section 2.1-344 (A) (10), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss a special award, being the
Annual Citizen of the Year Award, pursuant to Section 2.1-344 (A) (10),
Code of Virginia (1950). as amended. Th
......... ,u,, .o> seconoea by Mr.
Hd,-v~y aha adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ........ .7.
NAYS: None ........
COMPLAINTS-STREETS AND ALLEYS-SIDEWALK, CURB AND GUTTER: A report
of the City Manager with regard to concerns expressed by Mr. Marian A.
Grabda, 2841 Edgewood Street, S. W., relating to a dangerous pothole
and pedestrian safety in the vicinity of his residence, which concerns
were expressed at a meeting of the Council on Monday, January 14, 1991,
was before the body.
73
74
ACTION:
ACTION:
ACTION:
The City Manager advised that there was an erosion of the shoulder
adjacent to the pavement in the vicinity of Mr. Grabda's home which has
now been filled with appropriate gravel material; that Mr. Grabda is
also interested in an improved pedestrian area which would allow
pedestrians to walk toward Brandon Avenue along Edgewood Street,
however, unfortunately, there are no sidewalks in the area; and the
Street Maintenance Department will make every effort to provide a more
suitable area for pedestrians to walk along the shoulder of the road.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that 'the report be received and filed. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ....... 7.
NAYS: None ........
-0.
PLANNING (CITY PLANNING COMMISSION): A report of qualification of
Mr. Charles A. Price, Jr., as a member of the City Planning Commission
for a term of four years, ending December 31, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Bowers moved that the report of qualification be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ........ -7.
NAYS: None .......
HOUSING (ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY): A report
of qualification of Mr. James W. Burks, Jr., as a member of the Roanoke
Redevelopment and Housing Authority, to fill the unexpired term of Mr.
Wallace I. Allen, resigned, ending August 31, 1992, was before Counci).
(See Oath n, Af.r!r.~tlo,; vF Office on file in the City Clerk's Office.)
Mr. Bowers moved that the report of qualification be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ....... --7.
NAYS: None .......
75
PLANNING (FIFTN PLANNING DISTRICT COMMISSION): A report of quali-
fication of Mr. David C. Anderson as a member of the Fifth Planning
D(strict Commission for a term ending December 31, 1993, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Bowers moved that the report of qualification be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ........ ---7.
NAYS: None ...........
Oe
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
Grant No. 6590 - $2,020.00 for the Educational
Interpreter Training Program to
provide funds for the development
of training curriculum for the
hearing impaired program. The
Program will be 100 per cent
reimbursed by Federal funds.
Grant No. 6745 - $2,155.00 for the Adult Basic
Education Program to provide funds
for the education of adults who
have not completed high school.
The program will be rein~ursed by
$100,515.00 with matching funds
provided by the City jail and
Roanoke City Schools.
Grant No. 6972 - $8,960.00 for the 1991 Western
Virginia Regional Science Fair.
School Districts will contribute
toward the cost of the Fair with a
local match cost to the Roanoke
City Schools.
(For full text, see communication on file in the City Clerk's Office.)
76
ACTION:
A report of the Director of Finance advising that two of the
grants are funded with 100 per cent Federal funds; that the third grant
is funded by contributions from the school districts and a local match;
that the 1991 Western Virginia Regional Science Fair grant requires
$1,600.00 in fiscal year 1991 school funds to be transferred from the
General Fund as a local match; that funding is available in the
Education category of the General Fund in Account No. 001-060-6001-
6311-0588 {Matching Funds); and recommending that Council concur in the
request of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30374-12291) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 197.)
Mr. White moved the adoption of Ordinance No. 30374-12291. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ........ --7.
NAYS: None ........
.0.
REPORTS OF OFFICERS:
CITY )~NAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY CODE AMENDMENTS-POLICE DEPARTMENT-TRAFFIC: The City Manager
submitted a written report advising that Section 20-95, of the Code of
the n~ty of Ree~eke (1977), 35 a,~,~d~d, e~Labli~i~es tees collected and
retained by the C~ty for the towing and storage of impounded vehicles;
that fees disbursed to private towing companies for their services are
set by application of said section; that the Fee Compendium adopted by
Council on Monday, June 25, 1990, established certain fees, rates,
assessments and charges to be levied by the City of Roanoke; and the
new charges were set forth in a report entitled, "City of Roanoke
Customer Service Charge Reco~endations - Fiscal Year 1990-91."
It was further advised that the annualized revenue increase anti-
cipated from the service charge increase was $28,308.00 and was
included in the adopted fiscal year 1991 General Fund budget; that fees
collected from owners reclaiming their towed vehicles are deposited in
77
Revenue Account No. 0D1-020-1234-0859; that payment to wrecker opera-
tors for towing of the vehicles is made from Expenditure Account No.
001-050-3113-2010; that collection of the rates established by the
June 25, 1990, report cannot begin without amending Section 20-95; and
current rates are established by the Code ($25.00 for a day tow and
$30.00 for a night tow, with the City retaining $5,00 as a service
charge); and rates subsequently paid to wrecker operators are well
below the market rate collected by the operators directly from the
public for the same service.
It was explained that establishing rates by the City Code reduces
complaints by the public and eliminates "contract bargaining" between
towing services and the Police Department; that City Code establishment
of rates by task precludes the placement of City employees in the role
of supervising wrecker operators.; and the Fee Compendium adopted on
Monday, June 25, 19g0, recommended the following rates:
Towing:
6:00 a.m. - 6:00 p.m,
6:00 p.m. - 6:00 a.m.
Use of Dolly
$6O.OO
71,00
24.00 additional
Storage: $4.75 per day after 24 hours
The Fee Compendium did not recommend what portion
of the rate increase should be disbursed to the
towing companies. Administration of the rates
would be facilitated by rounding the night tow fee
to $70.00 and the daily storage fee to $5.00.
It was further explained that wrecker drivers, as represented by
the Roanoke Chapter of the Virginia Association of Towing and Recovery
Operators, have proposed the following rates:
Cars: Day $ 45.00
Night 55.00
Light Trucks: Day 65.00
Night 75.00
Heavy Trm~r.k.~ ,-e:' ho'Jr i25.00
It was advised that tow companies on the wrecker service list
receive calls for service, other than impoundment calls, with fees
regulated by the City Code; that by virture of being on said list, com-
panies receive calls through the City's dispatch center-for "owner's
request" tows at the scenes of breakdown or collision; and in a May,
1990 study, slightly less than 25 per cent of wrecker calls were towing
ordinance/impoundment regulated.
78
ACTION:
The City Manager recommended that Council approve an amendment to
Section 20-95 of the Code of the City of Roanoke (1979), as amended,
that incorporates fees as suggested by the Fee Compendium and specify
that $20.00 is the City's service charge portion of the tow fee, with
all storage fees to go to the City and fees co)lected for usage of
dollies will be forwarded to the wrecker operators.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#30375-12291) AN ORDINANCE to amend and reordain subsection (al
of §20-95, Manner of redeeming impounded vehicles; costs, Code of the
City of RoanOke (1979), as amended, to increase towing and storage fees
for impounded motor vehicles; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 198.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30375-12291.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor .......... 7.
NAYS: None ......
-0.
BUDGET-POLICE DEPARTMENT-EQUIPMENT: The City Manager submitted a
written report concurring in a report of a bid committee with regard to
the purchase of police vehicles.
The bid committee recommended that Council concur in the
following actions:
Provide for the purchase of police automobiles, as
follows:
17 new police automobiles from JKJ Chevrolet,
Vienna, Virginia for the total co~t of
Purchase of additional necessary equipment for
above police automobiles for a total cost of
$25,416.53.
Appropriate $225,000.00 from the Capital Main-
tenance and Equipment Replacement Program and
$2,343.21 from Insurance Recoveries, with a
corresponding increase in the Revenue Estimate,
Account No. 001-020-1234-0862, as follows:
$201,926.68 to the Police Department, Account
No. 001-050-3113-9010, for the purchase of the
vehicles.
79
ACTZON:
ACTION:
$25,416.53 to Motor Vehicle Maintenance,
Account No. 006-052-2641-3005, for labor and
materials for additional equipment for said
vehicles.
Reject all other bids received by the City.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#30376-12291) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Internal Service Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 199.)
Mr. Harvey moved the adoption of Ordinance No. 30376-12291. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ....... 7.
NAYS: None ..........
Mr. Harvey offered the following Resolution:
(#30377-12291) A RESOLUTION providing for the purchase of police
vehicles, upon certain terms and conditions, by utilizing the
Commonwealth of Virginia's contract with a certain vendor; and
rejecting other bids made to the City.
(For full text of Resolution, see Resolution Book No. 52, page 200.)
Mr. Harvey moved the adoption of Resolution No. 30377-12291. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ............................... ................ ?.
NAYS: None ........
Oe
BUDGET-BRIDGES-TRAINS: The City Manager submitted a written
report advising that a construction contract with Lanford Brothers Co.,
inc., for rehabilitation of the Franklin Road Bridge over the N & W
Railway tracks was approved by Council on May 14, 1990, in the amount
of $481,293.00, which also included $72,194.00 (15 per cent) contingen-
cy; that project estimate, which was developed before the project was
bid, was $760,000.00 and included a 25 per cent contingency to cover
concrete repair overruns; and even though a previous bridge rehabilita-
tion project had experienced large overruns, City staff was of the opi-
nion that a large project contingency for the project could tie up
funds unnecessarily.
80
The City Manager advised that Change Order No. 1, in the amount
$49,339.00, was approved by Council on September 24, 1990, which was
for pier reinforcement, 24 hour closure on weekends, structural steel
work, approach slab replacement and sidewalk repair; that City staff
informed Council that the replacement of deteriorated concrete would
require an additional change order; that superstructure and substruc-
ture repair began in September 1990 prior to approval of Change Order
No. 1; that initial estimates by the gunite sub-contractor were that
any overrun would be within project contingency; and as work progressed
from the center of the bridge toward the abutments, the condition of
the concrete deteriorated rapidly requiring substantially more concrete
repair than previously estimated in the last several weeks of work.
It was explained that final billing indicates significant cost
overruns for mortar patching, pneumatically applied mortar, and crack
repair; that total overrun on the final billing is $90,404.30, with the
remaining $22,547.30 in contingency, with a project funding shortfall
of $67,857.00; that final project cost of $621,036.30 represents a cost
overrun of 29 per cent over the original contract amount of
$481,293.00, however, the final cost is still 18 per cent under the
original project estimate of $760,000.00; that recent bridge rehabili-
tations by the City have experienced substantial cost overruns; and the
Walnut Avenue Bridge over N & W Railway tracks experienced substantial
substructure repair similar to Franklin Road, while Main Street over
the Roanoke River required substantial superstructure repair.
It was further explained that a survey of various consultants,
agencies, and contractors found that the problem experienced by the
City on Franklin Road, Walnut Avenue, and Main Street are the norm;
that consultants cannot get an accurate reading on extent of damages
without destructive testing; that other agencies, including the
Virginia Department of Transportation, typically experience cost
overruns of 20 to 30 per cent; and as a result, the Department of
Transportation usually includes a 25 per cent contingency and gives the
resident engineer authority to process certain change orders without
the Transportation Board's approval.
The City Manager recommended that Council approve Change Order
No. 2, in the amount of $90,404.30, with Lanford Brothers Company,
Inc.; authorize the Director of Finance to tr~n¢~m~ $49.41E.OE from
Account No. ODB-D52-~bUq, ~andicap Compliance and $18,441.96 from
Account No. 008-052-9638, Brandon Avenue Widening, to Account No. 008-
052-9602-9065, Franklin Road Bridge Repair; and authorize the City
Manager to execute all necessary agreements in a form acceptable to the
City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30378-12291) AN ORDINANCE to amend and reordain certain sec-
tions of tile 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 200.)
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No. 30378-12291. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor .......... 7.
NAYS: None .........
Mrs. Bowles offered the following emergency Ordinance:
(#30379-12291) AN ORDINANCE approving the City Manager's issuance
of Change Order No. 2 to the City's contract with Lanford Brothers
Company, Inc., for rehabilitation of the deck of the Franklin Road
Bridge over the tracks of Norfolk and Western Railway Company; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 201.)
Mrs. Bowles moved the adoption of Ordinance No. 30379-12291. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor .... 7.
NAYS: None ...........
-0.
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report for the City of Roanoke for the month of December, 1990.
(For full text, see financial report on file in the City Clerk's
Office.)
Mr. Harvey moved that the financial report be received and filed.
The motion was seconded by Mr. Fitzpatrick and unanimously adopted.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising of
expiration of the three year terms of office of Mrs. Marilyn C. Curtis,
Mrs. Velma B. Self, and Mr. dames M. Turner, Jr., as Trustees of the
Roanoke City School Board on June 30, 1991, and further advised that
applications for the upcoming vacancies will be received in the City
Clerk's Office until 5:00 p.m., on Monday, March 11, 1991.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the report be received and filed.
motion was seconded by Mr. Fitzpatrick and unanimously adopted.
The
Mr. Harvey suggested that the City Clerk notify the neighborhood
organizations of the impending vacancies.
REPORTS OF COMMITTEES: NONE.
82
ACTION:
ACTION:
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 30365-12291 permanently
vacating, discontinuing and closing three alleys situated in Block 2,
Map of Edgewood Addition, located between 8th and 81~Streets, S. E.,
having previously been before the Council for its first reading on
Monday, January 14, 1991, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#30365-12291) AN ORDINANCE permanently vacating, discontinuing
and closing certain public rights-of-way in the City of Roanoke,
Virginia, as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 195.)
Mrs. Bowles moved the adoption of Ordinance No. 30365-12291. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ....... 7.
NAYS: None ...............................
Oe
ZONING: Ordinance No. 30366-12291 rezoning a tract of land lying
on the southwesterly side of McVitty Road near its intersection with
Bruceton Road, S. W., identified as Official Tax No. 5100908, from
RS-l, Residential Single Family District, to CN, Neighborhood
Commercial District, subject to certain conditions proffered by the
petitioner, having previously been before the Council for its first
reading on Monday, January 14, 1991, read and adopted on its first
reading and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final adoption:
(#30366-12291) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 510, Sectional 1976 Znn~ Map.
City of Roanoke. tc rc~o~ ¢~rLdin property wlthin the City, subject to
certain conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 52, page 196.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30366-12291.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ...................... 7.
NAYS: None ........ O.
ACTION:
83
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:40 p.m. the Mayor declared the meeting in recess.
At 3:25 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ........... 7.
NAYS: None ......... O.
HUMAN RESOURCES (ADVISORY BOARD OF HUMAN RESOURCES): The Mayor
advised that there is a vacancy on the Advisory Board of Human
Resources created by the resignation of Ms. Virginia K. Binder, for a
term ending November 30, 1994, and called for nominations to fill the
vacancy.
Mr. Bowers placed in nomination the name of Mr. George M.
McMillan.
There being no further nominations, Mr. McMillan was elected as a
member of the Advisory Board of Human Resources for a term ending
November 30, 1994, by the following vote:
.................. ~ ..... (l U:mhm~ Fit~natrick. Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ........ ~-- ./.
There being no further business, the Mayor declared the meeting
adjourned at 3:30 p.m.
APPROVED
ATTEST
City Clerk
84
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
January 28, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, January 28, 1991, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members James G. Harvey,
William White, Sr., David A. Bowers, Elizabeth
Fitzpatrick, Jr., and Mayor Noel C. Taylor .........
II, Howard E. Musser,
T. Bowles, Beverly T.
'7.
ABSENT: None ......
.0.
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger, Director of Finance;
and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend H. Kelly Dampeer,
Sr., Pastor, Oakland Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss a personnel
-. . ..... ~ ~..~ appU;,b,~,L ufa specltlC public officer.
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss a personnel matter, being
the appointment of a specific public officer, pursuant to Section
2.1-344 (A) (1), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
85
ACTION:
ACTION:
ACTION:
Mr. Fitzpatrick moved that Council concur in the request of the
Vice-Mayor to convene in Executive Session to discuss a personnel
matter, being the appointment of a specific public officer, pursuant to
Section 2.1-344 (Al (1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor .......................... 7.
NAYS: None ....... O.
BINGO AN RAFFLE PERMITS: A communication from Council Member
David A. Bowers requesting the removal of an item from the Council's
list of pending items relating to the City's regulations on bingo
operations, advising that he is satisfied that the matter has been and
continues to be fully implemented and monitored by the Finance
Department, was before the body.
{For full text, see communication on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the request of
Council Member Bowers. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ................ 7.
NAYS: None ......... O.
FINANCIAL REPORTS-AIRPORT: A report of the Director of Finance
transmitting the June 30, 1990, Audited Financial Statement of the
Roanoke Regional Airport Commission, was before Council.
(For full text, see report and financial statement on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the report and financial statement be
received and filed. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ................ 7.
NAYS: None .......... O.
PARKS AND PLAYGROUNDS: A report of the City Manager with regard
to changing the lighting on the Mill Mountain Star to red, white and
blue in recognition and in honor of armed service personnel in the
Middle East, was before Council.
The City Manager advised that at the Council meeting on Monday,
September 17, 199D, as a part of the Mayor's 1990 State of the City
Address, it was recommended that consideration be given to turning the
Mill Mountain Star to an appropriate color in recognition and in honor
86
ACTION:
of armed service personnel in the Middle East; that petitions were
received by Council in support of placing a large yellow ribbon on the
Mill Mountain Star in recognition of said military personnel; and both
suggestions were referred to the City Manager for review and report to
Council.
It was further advised that representatives of the City met on
several occasions with citizens who had made the suggestion of placing
a large yellow ribbon on the Mill Mountain Star; that there was con-
siderable discussion with regard to the cost of such a proposal, the
ability of the Star superstructure to support such installation, as
well as whether the concept would truly fulfill the desired goal of
showing support for military personnel in the Persian Gulf; and it was
ultimately agreed by citizens and City representatives that the idea
could not be readily implemented.
The City Manager explained that arrangements have been made to
change the lighting on the Mill Mountain Star to red, white and blue
such as was done during the bicentennial celebration and again when the
City received its 1988 All America City designation; and a brief cere-
mony will be held on Wednesday, January 31, 1991, at 6:00 p.m., at the
Star overlook on Mill Mountain.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report be received and filed. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ........ -7.
NAYS: None ........
-0.
COMPLAINTS-SiREET LIGHTS: A report of the City Manager with
regard to a request of Mr. Davis S, Luck for additional street lighting
in the 600 block of Allison Avenue, S. W., was before Council.
The City Manager advised that at the regular meeting of Council on
Monda.v. December 17 1gq~.
tions to the street lighting in the 600 block of Allison Avenue and the
matter was referred to him for study, report and recommendation to
Council; that on January 24, 1990, Mr. Luck submitted a similar peti-
tion to the City Administration; that in accordance with standard pro-
cedures, Mr. Luck's petition was acknowledged and subsequently
investigated; and by communication under date of March 21, 1990, Mr.
Luck was advised of the results of the investigation which concluded
that the request did not meet the City's criteria for additional street
lighting.
The City Manager explained that by far the greatest number of
requests for additional street lighting in residential areas which must
be denied by the City involve situations where citizens are concerned
with the safety of their property; that while it is certainly acknow-
ledged that lighting can be a deterrent to criminal activity, the City
87
ACTION:
installs street lights principally for motor vehicle safety; that
emphasis is on intersections, hills and curves, and at the end of dead-
end streets; and annual funding is not available to provide street
lighting in residential areas to serve as illumination to satisfy all
citizen requests.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report be received and filed. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor .............. 7.
NAYS: None .......
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BUSES-ADVERTISING: Mr. Daniel L. Crandall, Attorney, representing
Mr. David Henderson, appeared before Council on behalf of his client
who was requesting authorization to place benches at certain Valley
Metro bus stops. He stated that he had discussed the matter with the
General Manager of Valley Metro, who advised that it would be of bene-
fit, under certain circumstances, to locate the benches at appropriate
areas of the City in exchange for the right to place suitable adver-
tising thereon.
Mr. David Henderson, 4729 Barkley Square, S. W., displayed a model
of a bench proposed to be used throughout the City which will be state-
of-the-art fiberglass, easy to maintain and provide an aesthetically
pleasing appearance, advising that he would like to furnish the benches
at no cost to the City in exchange for the exclusive r~ght to advertise
and operate as an independent advertising company. He explained that
the benches would be of benefit to handicapped and elderly citizens who
are unable to stand for long periods of time while waiting for buses,
advising that in other cities where the benches are in use, there has
been a notable increase
................ v, va~:,,y~,-~, thus iowerlng the
overall cost of operation. Relative to upkeep, he proposed that the
area around the benches will be landscaped bi-weekly, along with daily
inspections in order to keep the areas free of litter and debris. He
stated that he would provide appropriate insurance with a binder that
would protect the City and Valley Metro and, in exchange, he requested
that he be granted a trial period of one year to provide a limited
number of benches with advertising in order for the City to observe his
proposal in operation.
Mr. Bowers moved that the matter be referred to the City Manager,
City Attorney and General Manager of Valley Metro for study, report and
recommendation to Council. The motion was seconded by Mr. White and
unanimously adopted.
88
ACT ION:
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $125,000.00 from the 1990-91
Capital Maintenance and Equipment Replacement Fund to be used for
replacement of furniture and equipment at Crystal Spring Elementary
School, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance recommending that Council con-
cur in the request of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30380-12891) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 202.)
Mr. White moved the adoption of Ordinance No. 3038D-12891. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ....... ---7.
NAYS: None ........... O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECO)~ENDED FOR ACTION:
.... u,-,uuJn-uu~cmlL: U~lcm~un hONE: Ine Rssls:ant City Manager
submitted a written report on behalf of the City Manager advising that
the City of Roanoke receives funds from the United States Department of
Agriculture (USDA), through the Virginia Department of Corrections, to
enhance the food service program of the Crisis Intervention Center
(Sanctuary), Juvenile Probation House (Youth Haven), and Juvenile
Detention Home; and USDA funds for the fourth quarter of fiscal year
1990 and the first quarter of fiscal year 1991 have been received by
the City for the facilities, as follows:
Crisis Intervention Center
Juvenile Probation House
Juvenile Detention Home
$ 2,459.51
1,578.61
8,014.66
Total $12,052.78
89
ACTION:
It was further advised that USDA funds usage regulations require
that the funds be used for equipment and repair, food costs and labor
costs of food service workers.
The City Manager recommended that Council appropriate USDA funds
to the Crisis Intervention Center, Juvenile Probation House, and
Juvenile Detention Home and increase corresponding revenue estimates,
as follows:
Crisis Intervention Center - Revenue
Account No. 001-020-1234-0661 -
USDA - Crisis Intervention, $2,459.51 to
Account No. 001-054-3360-300D
Juvenile Probation House - Revenue
Account No. O01-020-1234-0662 -
USDA - Youth Haven, $1,578.61 to
Account No. 001-054-3350-3000
Juvenile Detention Home - Revenue
Account No. 001-020-1234-0660 -
USDA - Juvenile Detention, $8,014.66 to
Account No. 001-054-3320-3000
Total Revenue and Appropriations - $12,052.78
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30381-12891) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 202.)
.......... uuuvbmumm uF Ol-~iflance ~o, JUJUI-1E~91,
Jne motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ......................................... 7.
NAYS: None ......... O.
90
FLOOD REDUCTION/CONTROL-SEWERS AND STORM DRAINS-CONSULTANTS
REPORTS: The Assistant City Manager submitted a written report on
behalf of the City Manager advising that flooding along Peters Creek in
northwest Roanoke City has been a community issue of concern for a
number of years; that businesses and homes have been subject to
periodic flooding resulting in damage to real and personal property;
that a feasibility study was conducted by the Corps of Engineers along
Peters Creek in 1971 when most of the watershed was located in Roanoke
County; and following the 1976 annexation, the Corps discontinued the
study for lack of a local sponsor, and the City of Roanoke became the
local sponsor in November 1985, with the Corps completing its study in
February 1988.
It was further advised that notification of an insufficient
benefit-to-cost ratio by the Corps of Engineers on all Peters Creek
alternatives was received in February 1989; that additionally, the
Federal Government notified the City that it had no further role con-
cerning Peters Creek; that the Corps of Engineers, under Federal
regulations, is not allowed to consider common flood control elements
such as floodproofing of individual structures and detention facilities
for less than the probable maximum flood; that in addition, the Corps
does not consider the overall condition of bridges for replacement;
that an informal study of Peters Creek was commenced by City staff in
March, 1989; and a number of small channel improvement projects, deten-
tion facilities, floodproofing and bridge improvements proved to be
feasible.
Mr. Herbert explained that Peer Review was requested by Council
and the City Manager to assist City staff in identification of appro-
priate flood reduction alternatives for Peters Creek; that Peer Review
was completed in January 1990, and the results confirmed the feasibi-
lity of all options, and generated an estimated project cost of
$4,000,000.00; that source of funding for the project has been iden-
tified in general obligation bonds per the bond referendum approved on
May 1, 1990, for $4,000,000.00; that a request for proposals for con-
sulting services was advertised on May 6, 1990, with three proposals
being received on May 25, 1990; and interviews were conducted with
Smith, Demer & Normann Associates, Hayes, Seay, Mattern & Mattern
Inc., and Mattern & Craig, P.C., on June 19, 1990. '
....... u,L;iur explained that Mattern & Craig, P.C. was determined
to be the most qualified firm based on established evaluation criteria;
that original negotiations with Mattern & Craig resulted in a proposed
fee of $641,000.00 for consultant services; that further negotiations
for a phased approach to the project resulted in a total of five pha-
ses; that Phase IA-Preliminary has previously been approved and is pre-
sently in progress; and scope of work to be performed for Phase
IB-Preliminary Engineering will include the following:
preliminary construction cost estimates,
necessary soils and geotechnical investigations for
the design of three detention basins, and
91
mapping as related to bridge/culvert replacement
and detention basin design.
The City Manager pointed out that the scope of work to be per-
formed for Phase II-A Design will include the following:
easement plats for 16 properties at four culvert/
bridge replacements and for three detention basins,
channel widening design at two locations,
clearing and snagging areas defined, and
bridge/culvert replacement design at four loca-
tions.
It was noted that scope of work to be performed for Phase II-B
Design will include the following:
detention basin design at three locations,
individual home floodproofing identification and
design (up to 80 homes), and
sewer line relocation and replacement design
(approximately 200 L.F.).
It was explained that Phase III-Construction will need to be
negotiated at the conclusion of design; and funding is available for
Phases IB, IIA and IIB from Account No. 008-052-9603-9176, Public
Improvement Bonds - Series 1988 - Storm Drains, and Account No. 008-
052-9575-9176, Capital Improvement Reserve - Storm Drains, which will
permit sequenced construction and a continuous design process that will
eliminate project delays.
The City Manager recommended that he be authorized to execute a
professional services contract, in a form subject to approval by the
City Attorney, with Mattern & Craig, P. C., at a cost not to exceed
$300,000.00; and appropriate $300,000,00, $50,000.00 of which will be
Storm Drains, and $250,000.00 will be taken from Account No. 008-052-
9603-9176, Public Improvement Bonds - Series 1988 - Storm Drains, to
Peters Creek Flood Reduction - Professional Consultant Services.
(For full text, see report on file in the City Clerk's Office.)
92
ACTION:
ACTION:
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30382-12891) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 203.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30382-12891.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ............ 7.
NAYS: None .................... O.
Mr. Musser offered the following Resolution:
(#30383-12891) A RESOLUTION authorizing the execution of an
agreement with Mattern & Craig, P. C., to provide certain architectural
and engineering services, specifically the preliminary engineering,
design and specifications for the Peters Creek Flood Reduction project.
(For full text of Resolution, see Resolution Book No. 52, page 203.)
Mr. Musser moved the adoption of Resolution No. 30383-12891. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor .............. 7.
NAYS: None ........... O.
BUDGET-STREETS AND ALLEYS-INDUSTRIES-UNITED PARCEL SERVICE (UPS):
The Assistant City Manager submitted a written report on behalf of the
City Manager with regard to an agreement between the City of Roanoke
and Cora Corporation (UPS) under date of February 13, 1989; that the a
construction contract for realignment and reconstruction of Thirlane
Road was authorized by Council on Monday, October 1. 1990. in the
......... ,~w,~vv.u~; ~at construction of both Thirlane Road and
the United Parcel Service facility is underway; that preliminary
opening date of the facility is scheduled for May 17, 1991; and United
Parcel Service has requested the lowering of a portion of the new
Thirlane Road so that this property will have a road frontage elevation
that will better match the Thirlane Road elevation.
It was further advised that United Parcel Service has agreed to
pay for the additional work estimated to cost $99,617.00; that
Council's authorization is needed for Change Order No. 1 to the
agreement with Cova Corporation, in the amount of $99,617.00, to be
received from Cora Corporation (UPS) for payment of the additional
work; and Council's authorization is also needed for Change Order No. 1
to the construction contract with S. R. Draper Paving Company, in the
amount of $99,617.00.
ACTION:
ACTION:
The City Manager recommended that Council authorize execution of
Change Order No. I to the agreement dated February 13, 1989, between
the City of Roanoke and Cova Corporation, a wholly-owned subsidiary of
United Parcel Service of America, Inc., in the amount of $99,617.00;
authorize appropriation of $99,617.00 to Account No. 008-052-9630,
Thirlane Road Reconstruction; authorize the Director of Finance to
establish an accounts receivable from Cova Corporation (UPS), in the
amount of $99,617.00; and authorize execution of Change Order No. I to
the contract with S. R. Draper Paving Company, in the amount of
$99,617.00, and a time extension of 60 consecutive calendar days for
additional grading as requested by United Parcel Service.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#30384-12891) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 204.)
Mr. Bowers moved the adoption of Ordinance No. 30384-12891. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ..... 7.
NAYS: None ........
Mr. Bowers offered the following Resolution:
(#30385-12891) A RESOLUTION authorizing the City Manager or his
designee to execute, for and on behalf of the City of Roanoke,
Amendment No. I to the contract with Cova Corporation, dated
February 13, 1989, setting forth the responsibilities and obligations
of the City and Cova Corporation regarding a new facility to be
constructed in the City.
(For full text of Resolution, see Resolution Book No. 52, page 204.)
Mr. Bowers moved the adoption of Resolution No. 30385-12891. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ........ 7.
NAYS: None ........ O.
Mr. Bowers offered the following emergency Ordinance:
94
ACTION:
ACTION:
(#30386-12891) AN ORDINANCE approving the City Manager's issuance
of Change Order No. 1 to the City's contract with S. R. Draper Paving
Company for additional work in connection with the realignment and
reconstruction of Thirlane Road, N. W., and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 205.)
Mr. Bowers moved the adoption of Ordinance No. 30386-12891. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ....... 7.
NAYS: None ........ O.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising of
expiration of the three year terms of office of Mrs. Marilyn C. Curtis,
Mrs. Velma B. Self, and Mr. James M. Turner, Jr., as Trustees of the
Roanoke City School Board on June 30, 1991, and further advising that
applications for the upcoming vacancies will be received in the City
Clerk's Office until 5:00 p.m., on Monday, March 11, 1991.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Fitzpatrick and unanimously adopted.
REPORTS OF COMMITTEES:
The
PARKS AND PLAYGROUNDS-APPALACHIAN POWER COMPANY: Council Member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the Committee with regard to an
electric power easement across a portion of Mill Mountain Park.
A staff report advised that subdivision of property owned by
Kenneth L. Motley, 2514 Robin Hood Road, S. E., produced a new lot at
the intersection of Robin Hood Rnad nnd r, ....... ~ .
........ ~...~, ,,o,, Ru~d, S. E.;
that the n&&i-6~ electric power pole is located on the northeasterly
corner of property owned by Floyd N. Blackwell, 2613 Robin Hood Road,
which is adjacent to Mill Mountain Park; and an indenture (deed of
easement) has been submitted by Appalachian Power Company that would
provide for an easement 220 feet long across a section of Mill Mountain
Park facing Alan Road, with the power line proposed to go underground
under Alan Road from the pole on the east side.
It was further advised that plans for the easement have been
reviewed and approved by the Department of Parks and Grounds; that the
proposal does not violate Mill Mountain Park deed restrictions; that
the poles will probably also carry telephone and television cables; and
a one time relocation line at Appalachian Power Company's expense will
be required.
ACTION:
The Water Resources Committee recommended that Council authorize
the appropriate City officials to execute an APCO Indenture which will
provide for an easement approximately 220 feet long across a portion of
Mill Mountain Park facing (unopened) Alan Road, S. E., with a one time
line relocation at the expense of Appalachian Power Company to be a
provision of the agreement.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30387) AN ORDINANCE authorizing a certain indenture agreement
with Appalachian Power Company for the provision of electrical service
across a portion of Mill Mountain Park, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 206.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ......................... 7.
)lAYS: Hone ......... O.
APPALACHIAN POWER COMPANY-WATER DEPARTMENT-ROANOKE MEMORIAL
HOSPITALS: Council Member Elizabeth T. Bowles, Chairman of the Water
Resources Committee, presented a written report on behalf of the Com-
mittee with regard to an easement for new electric service to Roanoke
Memorial Hospital across the Crystal Spring property.
A staff report advised that construction of a new addition to
Roanoke Memorial Hospital (RMH) requires revision of street and utility
systems south of the existing structure; and closing of Weller Lane,
S. E., just east of the Water Pumping Station and resulting installa-
tion of new structures and a private driveway system to serve the
Roanoke Memorial Hospital Power House and Emergency facilities, as well
as City properties south of the new structure, will cause the removal
nf thp r,,~pn+ ~o~+~ system '~-- ~llcr L~~ S E
It was further advised that a indenture (deed of easement) has
been submitted by Appalachian Power Company permitting a new electric
service line to be installed across the Crystal Spring property from
the intersection of Yellow Mountain Road, S. E., and Jefferson Street
to a location near the Roanoke Memorial Hospital Power Plant (easement
40 feet wide and approximately 650 feet long); that the route of the
proposed easement and placement of poles has been reviewed and approved
by the Water Department; that a one time relocation of the line at
Appalachian Power Company's expense will be required as a part of the
agreement; that reliability of electrical service (sectionalizing) for
Crystal Spring Water Pumping Station will be provided by Appalachian
Power Company as a part of said agreement; and no blasting by APCO will
be permitted.
ACTION:
The Water Resources Committee recommended that Council authorize
the appropriate City officials to execute an indenture which will per-
mit an easement 40 feet wide and approximately 650 feet long to extend
across the Crystal Spring property from the intersection of Yellow
Mountain Road, S. E., and Jefferson Street to a point near the Roanoke
Memorial Hospital Power Plant in order to provide electric service to
Roanoke Memorial Hospital to replace service displaced by construction,
with a a one time relocation of the line at Appalachian Power Company's
expense and a backup power drop to Crystal Spring Pumping Station to be
a part of the agreement.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30388) AN ORDINANCE authorizing a certain indenture agreement
with Appalachian Power Company for the provision of electrical service
across the Crystal Spring property, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 207.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None .......... -0.
EASEMENTS-C&P TELEPHONE COMPANY-PARKS AND PLAYGROUNDS: Council
Member Elizabeth T. Bowles, Chairman of the Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
establishing a public utility easement across Fishburn Park for
installation of underground fiber optic cable to provide for additional
telephone lines to Blue Ridge ETV.
A staff report advised that five acres of City-owned property
located at the southeasterly boundary of Fishburn Park are leased to
Blue Ridge ETV for a headquarters and broadcast facility; that the
lease currently extends to Aor~l 14. lqqG,
goods is a major fundraiser for Blue Ridge ETV; that the number of
telephone lines presently in place across Fishburn Park from Brambleton
Avenue to the facility is inadequate during the Auction; that a
request and proposed deed of easement for a new 15' x 175' easement
across Fishburn Park that would allow the installation of a new
underground fiber-optic cable with adequate capacity has been submitted
by C&P Telephone Company; and permission to install underground fiber-
optic lines, at own risk, was provided to C&P by the Director of
Utilities and Operations due to the need for telephone lines by Blue
Ridge ETV for Auction which is due to be held in the near future.
ACTION:
The Water Resources Committee recommended that Council authorize
the appropriate City officials to execute a deed of easement
establishing a 15 foot wide and approximately 175 foot long public uti-
li ty easement across Fishburn Park for the purpose of installing C&P
Telephene Company underground fiber-optic cable from a C&P manhole in
the right-of-way of Brambleton Avenue, S. W., just west of its inter-
section with Ross Lane to a location near the center of the northerly
property line of the property leased to Blue Ridge ETV, with documen-
tation subject to approval by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30389) AN ORDINANCE authorizing a certain easement agreement
with C & P Telephone Company of Virginia for the provision of telephone
service across Fishburn Park, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 207.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None ....................
PARKS AND PLAYGROUNDS: Council Member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the Committee with regard to the renewal of the existing
Mill Mountain Zoo Lease Agreement and the existing miniature train
agreement.
A staff report advised that Mill Mountain Zoo was opened in 1952,
and was first operated by the City of Roanoke as a children's zoo; that
the Roanoke Jaycees operated and maintained the miniature railroad (Zoo
Choo) as authorized pursuant to Ordinance No. 11526, adopted on
August 11, 1952; that Mill Mountain Zoo, Inc., was formed by the
Roanoke Jaycees, Inc , in 1976 to tak~ nw~ ~k ...... ~^- ^~ ~ ....
b;.cu ~hu City was about to close the facility; and a lease agreement
was authorized pursuant to Ordinance No. 23216, adopted on September 7,
1976.
It was further advised that the Blue Ridge Zoological Society of
Virginia was formed in 1988 as a result of reorganization of Mill
Mountain Zoo, Inc.; that the zoo lease agreement and miniature train
agreement expired on December 31, 1990; that the Blue Ridge Zoological
Society has requested a new lease agreement that would expand the zoo
boundaries in order to construct a tiger habitat; that although the
City endorses the project, it will encroach upon land that the City
acquired in 1967 through a Federal Open Space Program, and approval for
the use of the site must be obtained from the National Park Service
before expanded zoo boundaries can be included within the new lease
agreement, therefore, the City is seeking approval by the National Park
Service.
98
ACTIOn:
It was explained that the Roanoke Jaycees has requested a one year
renewal of the existing three party agreement between the Jaycees, the
City and the Blue Ridge Zoological Society, in order to continue opera-
tion of the miniature railroad; and the City Administration recommends
the following:
renewal of existing lease agreement between the
City and Blue Ridge Zoological Society, on an
interim basis (for a period not to exceed one
year), until National Park Service approval is
obtained and a new lease agreement can be written
and approved; and
renewal of existing agreement between the City,
Roanoke Jaycees, Inc., and Blue Ridge Zoological
Society of Virginia for operation of the miniature
railroad, on an interim basis (for a period not to
exceed one year), until a new lease agreement,
referred to in the above paragraph, can be written
and approved.
The Water Resources Committee recommended that Council renew the
existing lease agreement between the City and Blue Ridge Zoological
Society on an interim basis (for a period not to exceed one year),
until use of additional land for the tiger habitat is approved by the
National Park Service and a new lease agreement with the Blue Ridge
Zoological Society can be written and approved; and renew the existing
three party agreement between the City, Roanoke Jaycees, Inc., and Blue
Ridge Zoological Society, for operation of the miniature railroad, on
an interim basis (for a period not to exceed one year) until a new
lease agreement with the Blue Ridge Zoological Society can be written
and approved.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30390) AN ORDINANCE authorizing a renewal of the existing lease
agreement between the City and the Blue Ridge Zoological Society of
Virginia for the Mill ~e'Jntai~ Zoo &i~d ,-enewai of the existing
agreement between the City, the Roanoke Oaycees, Inc., and the Blue
Ridge Zoological Society of Virginia for operation of the miniature
railroad at the Zoo, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 208.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ........ 7.
NAYS: None ........... O.
FIRE DEPARlMENT-LEAGUE OF OLDER AMERICANS, INC.-ROANOKE NEIGHBOR-
HOOD PARTNERSHIP: Council Member Elizabeth T. Bowles, Chairman of the
Water Resources Committee, presented a written report on behalf of the
Comittee, with regard to renewal of the lease and sub-lease of the
former No. 6 Fire Station.
A staff report advised that leases to date of former Fire
Station No. 6 have been as follows:
Initial - July 14, 1980, through July 13, 1985.
Five Year Extension - July 14, 1985, through
July 13, 1990, authorized pursuant to Ordinance No.
27734, adopted on August 26, 1985, and executed on
September 5, 1985.
It was further advised that lease fee is $1.00 per year; that a
sub-lease was granted for the first floor, four hours a day, five days
a week to the League of Older Americans Senior Citizens Dining Club,
pursuant to Ordinance No. 28855, adopted on November 9, 1987, and was
intended to run concurrently with the lease between the City and the
Southeast Action Forum, Inc.; that a request for extension of the lease
was received from the Southeast Action Forum, Inc.; that the term of
the lease extension will be five years from July 14, 1990, to July 13,
1995, and continue thereafter on an actually approved year to year
basis, with 60 days notice of termination by either party; and authori-
zation of a sub-lease to the League of Older Americans Senior Citizens
Dining Club will be concurrent with authorization of a lease between
the City and the Southeast Action Forum, Inc.
The Water Resources Committee recommended that Council authorize
the CityManager and the City Clerk to execute a five year extension of
the lease of the former No. 6 Fire Station to the Southeast Action
Forum, Inc., and the sub-lease of portions of the building during cer-
tain times of the day to the League of Older Americans for the Senior
Citizens Dining Club from July 14, 1990, to July 13, 1995, with provi-
sions for the lease and sub-lease to continue on a year to year basis
thereafter, with 60 days notice of termination of either lease or sub-
lease by either party, subject to approval by the City Attorney.
(For t'ull text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30391) AN ORDINANCE authorizing a certain lease of former Fire
Station No. 6 to the Southeast Action Forum, Inc., and a certain sub-
lease of a portion of the premises to the League of Older Americans
Senior Citizens Dining Club, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 208.)
lO0
ACTION:
ACTION:
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor .................... 7.
NAYS: None ....... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ACTS OF ACKNOWLEDGEMENT-COMMONWEALTH'S ATTORNEY: Mr. Bowers
offered the following Resolution memorializing the late C. E. "Buck"
Cuddy:
(#30392-12891)
Cuddy,
A RESOLUTION memorializing the late C. E. "Buck"
(For full text of Resolution, see Resolution Book No. 52, page 206.)
Mr. Bowers moved the adoption of Resolution No. 30392-12891. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ................ 7.
NAYS: None ............. O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
RADIO-TELEVISION: Mr. Musser moved that the City Attorney be
requested to draft a communication to be forwarded to Senator Albert
Gore, Jr., Senator Ernest F. Hollings and Senator John C. Danforth sup-
porting their efforts to introduce legislation which will provide more
control to local governments regarding the regulation of cable televi-
sion operation. The motion was seconded by Mr, Harvey and unanimously
adopted.
· OTHER HEARINGS OF CITIZENS: NONE,
At 3:40 p.m., the Mayor declared the meeting in recess.
At 5:45 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
101
AYES: Council Members Harvey, Musser, White, Bowers, Bowles,
Fitzpatrick and Mayor Taylor-- ........................................ 7.
NAYS: None .......... - ...... - ............ - ..... --- ........ ------0.
There being no further business, the Mayor declared the meeting
adjourned at 5:48 p.m.
APPROVED
ATTEST: or~~
Clerk May
102
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 4, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 4, 1991, at 2:00 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979}, as amended.
PRESENT: Council Members William White, Sr., David A. Bowers,
Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, and
Vice-Mayor Howard E.
ABSENT: Mayor Noel C.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Walter L. Wood,
Jr., Pastor, New Life Temple Pentecostal Holiness Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. Ne called specific
attention to three requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authn~(~^~_._~, hydros, com~
..~!_~si~,,o ....... ,,,u ~u,,,iLL:~ ~ppuin~ea Dy ~ouncil; a matter with regard to
acquisition of real property for public purpose, specifically an option
for the purchase of real property for use as administrative offices;
and a personnel matter being the appointment of a specific public
officer.
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, con~issions and con~nittees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
103
Mr. Fitzpatrick moved that Council concur in the request of the
Vice-Mayor to convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1~344 (A) (1),
Code of Virginia (1950), as amended. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor
(Mayor Taylor was absent.)
FINANCIAL REPORTS~DIRECTOR OF FINANCE: A report of the Director
of Finance transmitting the Annual Financial Report for the year ended
June 30, 1990, was before Council.
(For full text, see financial report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the financial report be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
fol 1 owl ng vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor
(Mayor Taylor was absent.)
PENSIONS: A communication from Mr. Joel M. Schlanger,
Secretary~Treasurer, Board of Trustees, City of Roanoke Pension Plan,
transmitting the Annual Report of the Pension Plan for the year ended
June 30, 1990, was before Council.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the Annual R~nn~t ~ ..... -' .......
f~led. The ,T~L~u,, ,ms seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser~~~~,,,~~~~6.
(Mayor Taylor was absent.)
104
ACT[ON:
ACT[ON:
ACT[ON:
PENDING LIST: A list of items pending from July 10, 1978, through
January 28, 1991, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the pending list be received and filed.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor
(Mayor Taylor was absent.)
HUMAN RESOURCES (ADVISORY BOARD OF HUMAN RESOURCES): A report of
qualification of Mr. George M. McMillan as a member of the Advisory
Board of Human Resources for a term ending November 30, 1994, was
before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice,Mayor
(Mayor Taylor was absent.)
COUNCIL:~ A report of the City Manager requesting an Executive
Session to discuss a matter with regard to acquisition of real property
for public purpose, specifically an option for the purchase of real
property for use as administrative offices, pursuant to Section 2.1-344
(A) (3), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the request of the
City Manager to convene in Executive Session to discuss a matter with
regard to acquisition of real property for public purpose, specifically
an option for the purchase of real property for use as administrative
offices, pursuant to Section 2.1~344 (A) (3), Code of Virginia (1950),
as amended. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
ACTION:
105
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser~~-~-~~~~~6.
(Mayor Taylor was absent.)
COUNCIL: An oral request of Vice-Mayor Howard E. Musser for an
Executive Session to discuss a personnel matter, being the appointment
of a specific public officer, pursuant to Section 2.1~344 (A) (1), Code
of Virginia (1950), as amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the request of the
Vice-Mayor to convene in Executive Session to discuss a personnel
matter, being the appointment of a specific public officer, pursuant to
Section 2.1~344 (A) (1), Code of Virginia (19§0), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser~~-~~~~~~6.
(Mayor Taylor was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CIVIC CENTER: Mr. Danny Monk, Executive Director, Metro
Conference Basketball Tournament, appeared before Council and reported
on the status of the 1991 Metro Tournament. He stated that two and
one-half years ago, the event was presented at the spring meeting of
the Metro Conference and plans were put into effect with the City of
Roanoke, Virginia Tech and Dominion Bank joining hands to insure that
the activity would be held in the Roanoke Valley. He further stated
that the Metro Tournament is the largest sporting event ever to be held
in the Con~nonwealth of Virginia, and the largest conference ever to be
held in the Roanoke area. He explained that seven universities and
their fans will visit thm Poe~eke cc..."m~..j:ity ~O,' ~ FVur d~y perloo and
it is expected that they will spend approximately $8 million as far as
an economic impact is concerned. He stated that the Metro Tournament
is more than just a basketball tournament, but a special event that is
planned around athletic contests with many special functions for all of
the people of the Roanoke Valley, as well as visiting dignitaries from
each institution. He noted that some of the best college basketball in
10C
ACTION:
the country will be played at the Roanoke Civic Center; that special
functions include a Tip-Off Reception with 600 - 700 invited guests
which will set the tone for the entire week to be held at the Airport
Marriott, and a Cheer and Dance Championship to be held in the Civic
Center Auditorium in which squads will participate for approximately
$6,000.00 in scholarships. He stated that the Tournament Con~nittee is
proud to join hands with the City of Roanoke and to have the Metro
Conference Association bring an event of this nature to the Roanoke
area.
Mr. Harvey requested a status report with regard to on going
cosmetic improvements to the Roanoke Civic Center; whereupon, the
Director of Administration and Public Safety advised that the Civic
Center is alive with different groups of people working on various
improvements. He stated that the new basketball goals and backboards
for the Tournament arrived on this date; that auditorium restoration as
a result of fire damage is proceeding on course; and carpet, lights and
certain ceiling elements are scheduled to be completed by March 1,
1991. He further stated that a number of rooms and hallways have been
painted by Civic Center personnel; that a project involving the steps
to the Exhibit Hall is under way, as well as replacement of some of the
concrete panels on the Plaza between the Coliseum and the Auditorium;
that external cleaning of the south side of the Coliseum and the north
side of the Auditorium is under way; that carpet and other elements for
some of the ground level rooms are presently being installed; and other
projects involving the award of bids are on schedule, with the new
folding chairs for the Coliseum to be shipped on February 15. He
explained that at this point, all projects in preparation for the Metro
Tournament are on schedule and a tour will be conducted with members of
the Metro Com~nittee and Civic Center staff during the third week of
February to insure completion of all projects in a timely manner.
Mr. Harvey moved that the oral remarks be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A con~untcation from the Roanoke City School
Board requesting that Council approve a State Literary Fund loan appli~
cation, in the amount of $2.5 million representing the cost of moder-
nizing Forest Park Elementary School, advisina that
.~.~ ..,,
repaid by the ~chnnle e,!er ~ £G year period a~ four per cent interest
with the first debt service payment of $225,000.00 scheduled for
1993~94, was before Council.
(For full text, see con~nunication on file in the City Clerk's Office.)
A report of the Director of Finance recommending approval of the
request, advising that it should be noted that the request of the
School Board is for an application! and when and if the application is
approved, Council will have to seriously review acceptance of the loan
pending the financial condition of the City at that time, was also
before the body.
(For full text, see report on file in the City Clerk's Office.)
107
ACTION:
ACTION:
t4r. Bowers offered the following Resolution:
"A RESOLUTION authorizing the School Board for the City of Roanoke
to make application for a loan from the State Literary Fund for moder-
nizing Forest Park Elementary School."
The motion was seconded by Mr. Fitzpatrick.
Mr. Harvey inquired as to the amount of funds included in a recent
bond issue for renovation of six elementary schools. He stated that it
now appears that the funds have been expended and only three elementary
schools have been renovated, and requested that Council be provided
with the following information:
the total amount of funds included in a bond issue
for renovation of six elementary schools;
the amount of funds currently unexpended; and
the amount of funds necessary to be borrowed in
order to complete remaining school renovations.
Mr. Harvey offered a substitute motion that action on the matter
be held in abeyance until the next regular meeting of Council to be
held on Monday, February 11, 1991, pending receipt of a report from the
Director of Finance on the above set forth request for information.
The motion was seconded by Mr. Fitzpatrick and adopted. (Action on the
matter took place on Monday, March 4, 1991.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY CODE AMENDMENTS-SEWERS AND STORM DRAINS: The City Manager
submitted a written report advising that the City's Wastewater Code
lists specific limited and prohibited discharees: that certain limited
.... ~.v,.,v,L:u ulscnarges need to be changed to better administer the
pretreatment program, with such changes being subject to approval by
the Virginia Water Control Board; and pretreatment programs protect
publicly owned treatment works from harmful industrial discharges.
The City Manager reconmmnded
changes in the City's Wastewater
Pretreatment Program, as follows:
that Council authorize certain
Code to better a~minister the
108
ACTION:
Remove:
Chlorides
Gasol t ne
Naphta
Fuel Oil
Processed Water
Add: Flammable or explosive substances in
hazardous amounts.
Benzene, Toluene, Ethelbenzene and Xylene
(BTE×) limit 5.0 mg/L.
Flouride limit 10.0 mg/L.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#30393-20491) AN ORDINANCE amending Article III, Sewer Use
Standards, of Chapter 26, Sewers and Sewage Disposal, of th6 Code of
th6 City of Roanoke (lg79), as amended, by amending and reordaining
subsection (b) of §26-45, Prohibited di6F~a.rges generally, and subsec-
tion ia) of §26-48, Discha6ge of storm water and other unpolluted
drainage of Article III, Sewer Use Standards, of Chapter ~6, Sewers ~nd
'S~wage Disposal, such code amendments Jnd additions improvin~ ~ pr--6~
tec~i°n progra'~ for the City's publicly owned treatment works; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 209.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30393-20491.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
TAXES: The Director of Finance submitted a written report
advising that City Code Sections 32~283 through 32-297 deal with the
Tax on Prepared Food and Beverages; that during the 19g0 Session of the
General Assembly, a change was made to Section 58.1~3841 of the Code of
Virginia concerning the situs for taxation of the sale of food and
beverages; and the new section provides that the situs for taxation for
any meals tax is on the locality in which the sales are made, viz: the
locality of delivery or possible use by the purchaser, and the term
"sale" means a final sale to the ultimate consumer.
ACTION:
It was further advised that the change also provided that sales of
meals by any person with a place of business or office in more than one
locality may be subject to meals tax by such other locality, provided
the locality imposes a local tax on the sale of meals.
Mr. Schlanger advised that although the new State Code section is
binding on the City of Roanoke, he was requesting an amendment to
Section 32-284 in order to provide for accurate and consistent admi-
nistration of the tax on Prepared Food and Beverages in the City of
Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency Ordinance:
(#30394~20491) AN ORDINANCE amending and reordainCng §32-284,
Levy of tax; a~ount, of the Code of the City of Roanoke (1979), as
amended, to provide that the situs for meals taxation is the locality
in which the sale is made; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 210.)
Mr. White moved the adoption of Ordinance No. 30394-20491. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor
(Mayor Taylor was absent,)
REPORTS OF COMMITTEES:
BUDGET-PARKS AND PLAYGROUNDS: Council Member William White, Sr.,
Chairman of a committee appointed by the Mayor to tabulate bids
received for improvements to Huff Lane, Thrasher, Fishburn, Shrine
Hill, Lakewood, Staunton Avenue and West End Parks, presented a written
report on behalf of the con~nittee, recon~ending that Council take the
following actions:
Authorize the City Manager to enter into a contrac-
tual agreement, subject to approval by the City
Attorney, with L. N. Sawyer Paving Company, Inc.,
for improvements to seven parks, in accordance with
contract documents as prepared by the Office of
City Engineer, in the amount of $147,155,00 and 120
consecutive calendar days.
Authorize the Director of Finance to transfer funds
from the following accounts to a new capital
account, established and entitled, "Improvements to
Seven Parks, 1991 - Contract I," for said project:
109
110
ACTION:
ACTION:
Park Improvement 1988 Bonds
Account No. 008-0§2~9603-9180
$132,000.00
Jackson, Norwich, Wasena Improv.
Account No. 008-050-9634-9065
Renovation~Wasena/Eureka/Jackson/
Washington
Account No. 008-050~9632-9065
7,000.00
21~_000.00
Total funding
$160,000.00
Reject all other bids received by the City.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30395420491) AN ORDINANCE to amend and reordain certain sec~
ttons of the 1990~91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 210.)
Mr. White moved 'the adoption Jf Ordinance No. 30395~20491. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser---~-~-~---~-~--~--~-~-~-~--~--~--6.
(Mayor Taylor was absent.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#30396-20491) AN ORDINANCE accepting the bid of L. H. Sawyer
Paving Company, Inc , for improvement of seven (71 r~+ ..... ,-- upon
op~tm(n te.,~l!t..$ &,ii uu,,d;Lions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 211.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30396-20491.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser~.~~~~~-~~~6.
(Mayor Taylor was absent.)
LEGISLATION: Council Member David A. Bowers, Chairman of the
City Council's Legislative Committee, presented a written report on
behalf of the committee, advising that the 1991 Session of the General
Assembly is being generally responsive to the City's Legislative
Program; that the City's Charter bills (Senate Bills 528 and 529) were
passed by the Senate on third reading on January 24, 1991; that Senate
Bill 528 provides for civil penalties for destruction of historic
structures without obtaining any required demolition permit and cer-
tificate of appropriateness from the City; that the civil penalty would
:be in an amount not to exceed twice the assessed value of the struc~
ture; and Senate Bill 529 provides for a design overlay district to
protect neighborhoods or areas of the City from new development which
is not in harmony with existing development.
It was further advised that The Hotel Roanoke Conference Center
Commission Act (House Bill 1764) was introduced by Delegate Woodrum on
January 22, 1991; that during the last week, the City Attorney worked
with the Division of Legislative Services to resolve technical issues
with respect to the bill; that an Amendment in the Nature of a
Substitute has now been published; that the bill has the approval of
officials of Virginia Polytechnic Institute and State University, and
Delegate Woodrum expects the bill to proceed routinely through the
legislative process; and in its 1991 Legislative Program, Council urged
the reduction of excessive regulatory or statutory mandates and
requested full funding of all mandates.
It was explained that in the alternative, given the expected cut~
backs in State funding, Council urged that mandates be suspended until
full State funding is available; that in this regard, Delegate
Dtamonstetn has introduced~ House Bill 1351 which allows the
Superintendent of Public Instruction, according to guidelines deve~
loped by the State Board of Education, to grant temporary waivers of
the Standards of Quality and accreditation standards for school divi-
sions facing fiscal difficulties; and._t~e,City. .. has urged its legisla~
flexibility in using available resources to meet educational needs,
it is an important first step toward relaxation of State mandates, and
(3) it acknowledges that State standards should be waived when State
funding is not available at the level anticipated when the standards
were promulgated.
Also, with regard to mandates, it was noted that Delegate Harris
of Lynchburg has introduced House Bill lg02 which authorizes the
Governor to suspend any State administrative mandates upon a finding
that a locality is fiscally stressed and that the suspension of the
mandate would help relieve the fiscal hardship of the locality, which
111
112
ACTION:
ACTION:
bill is responsive to the City's Legislative Program; that as a result
of the unfortunate attack on India Renee Hairston by a vicious dog on
October 3, 1990, Council adopted a resolution urging the 1991 Session
of the General Assembly to enact legislation requiring the humane
destruction of "vicious" dogs and imposing strict regulations on the
keeping of "dangerous" dogs, and in response to Council's resolution,
Senator Earley has introduced Senate Bill 881 which will provide the
much needed authority for localities to deal with this threat to public
health and safety.
Finally, Mr. Bowers pointed out that in its 1991 Legislative
Program, Council requested that the assessment for courthouse and jail
maintenance enacted by the 1990 Session of the General Assembly be con~
tinued; that the 1990 legislation permits an assessment as a part of
the fees taxed as costs in each criminal or traffic case in a district
or circuit court in an amount not in excess of $2.00; that the
assessment is used for construction, renovation or maintenance of
courthouse or jail facilities and to defray increases in heating,
cooling and electricity costs; and the bill enacted by the 1990 Session
included a sunset of July 1, 1991, and in response to Council's
request, Delegate Woodrum has introduced House Bill 1510 which repeals
the sunset clause on this useful legislation.
· (For full text, .see .report on file in the City Clerk's Office.)
Mr. Bowers moved that the report be received and filed.
motion was seconded by Mr. Harvey and adopted.
The
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
PARKS AND PLAYGROUNDS~APPALACHIAN POWER COMPANY: Ordinance No.
30387~20491 authorizing a certain indenture agreement with Appalachian
Power Company for provision of electrical service across a portion of
Mill Mountain Park, facing Alan Road, S. E., upon certain terms and
conditions, having previously been before the Council for its first
reading on Monday, January 28, 1991, read and adopted on its first
reading and laid over, was again before the body, Mr. Harvey offering
the following for its second reading and final adoption:
{#303ui-20~1) AN ORDINANCE authorizing a certain indenture
agreement with Appalachian Power Company for the provision of electrl~
cal service across a portion of Mill Mountain Park, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 207.)
Mr. Harvey moved the adoption of Ordinance No. 30387~20491. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
113
ACTION:
ACTION:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser~.~.~.~.~.~-~.--~---~--~~-~6.
(Mayor Taylor was absent.)
APPALACHIAN POWER COMPANY-WATER DEPARTMENT~ROANOKE MEMORIAL
HOSPITALS: Ordinance No. 30388-20491 authorizing a certain indenture
agreement with Appalachian Power Company for provision of electrical
service across the Crystal Spring property, as more particularly set
forth in a report of the Water Resources Con~ntttee under date of
January 28, 1991, upon certain terms and conditions, having previously
been before the Council for its first reading on Monday, January 28,
1991, read and adopted on its first reading and laid over, was again
before the body, Mrs. Bowles offering the following for its second
reading and final adoption:
(#30388~20491) AN ORDINANCE authorizing a certain indenture
agreement with Appalachian Power Company for the provision of electrt~
cal service across the Crystal Spring property, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 207.)
Mrs. Bowles moved the adoption of Ordinance No. 30388-20491. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser~-~-~-~-~-~-~------~---~----~--~--~--~-6.
(Mayor Taylor was absent.)
EASEMENTS-C & P TELEPHONE COMPANY-PARKS AND PLAYGROUNDS: Ordinance
No. 30389-20491 authorizing a certain easement agreement with C & P
Telephone Company of Virginia providing for extension of underground
fiber-optic cable lines to Blue Ridge ETV, as more particularly set
forth in a report of the Water Resources Con~nittee under date of
January 28, 1991, upon cereal, L:ms a,d uu,,diLiu,s, im~vi,,y p~:vlou~i~
been before the Council for its first reading on Monday, January 28,
1991, read and adopted on its first reading and laid over, was again
before the body, Mr. Fitzpatrick offering the following for its second
reading.and final adoption:
(#30389~20491) AN ORDINANCE authorizing a certain easement
agreement with C & P Telephone Company of Virginia for the provision of
telephone service across Fishburn Park upon certain terms and cony
dtttons.
(For full text of Ordinance, see Ordinance Book No. 52, page 207.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30389-20491.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
114
ACTION:
AYES: Counct1 Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor
(Mayor Taylor was absent.)
PARKS AND PLAYGROUNDS: Ordinance No. 30390~20491 authorizing
renewal of the existing lease agreement between the City and Blue Ridge
Zoological Society of Virginia for the Mill Mountain Zoo, as well as
the existing agreement between the City, the Roanoke Jaycees, Inc., and
the Blue Ridge Zoological Society of ¥irgtnia for operation of the
miniature railroad at the Zoo, upon certain terms and conditions,
having previously been before the Council for its first reading on
Monday, January 28, 1991, read and adopted on its first reading and
laid over, was again before the body, Mr. Fitzpatrick offering the
following for its second reading and final adoption:
(#30390-20491) AN ORDINANCE authorizing a renewal of the existing
lease agreement between the City and the Blue Ridge Zoological Society
of Virginia for the Mill Mountain Zoo and renewal of the existing
agreement between the City, the Roanoke Jaycees, Inc., and the Blue
Ridge Zoological Society of Virginia for operation of the miniature
railroad at the Zoo, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 208.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 3039D~20491.
The n~tton was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser~-~---~~~-~-~-~--~-~-6.
(Mayor Taylor was absent.)
FIRE DEPARTMENT-LEAGUE OF OLDER AMERICANS~ROANOKE NEIGHBORHOOD
PARTNERSHIP: Ordinance No. 30391-20491 authorizing a certa(n !e~sc of
fornte.~ Fire Stattnn Wn_ ~ +~ ~ ~ ....... '
...... ~,~,,:~ Action Forum, Inc., and a
certain sub-lease of a portion of the premises to the League of Older
Americans Senior Citizens Dining Club, upon certain terms and con~
ditions, having previously been before the Council for its first
reading on Monday, January 28, 1991, read and adopted on its first
reading and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final adoption:
(#30391-20491) AN ORDINANCE authorizing a certain lease of former
Fire Station No. 6 to the Southeast Action Forum, Inc., and a certain
sub-lease of a portion of the premises to the League of Older Americans
Senior Citizens Dining Club, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 208.)
115
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 30391~20491.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser~,~,~,~,~,,,~,~,~,,,~,~~,~,,6.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
FLAGS-DOWNTOWN ROANOKE: Council Member Fitzpatrick requested that
the City Manager report to Council by Tuesday, February 19, 1991, with
regard to placement of banners and flags in the downtown area of the
City, as well as tourism signs for downtown Roanoke.
CITY EMPLOYEES~PAY PLAN: Council Member Harvey requested that the
City Manager report to Council with regard to continuing the salary of
those City employees who are serving in the military and stationed in
the Persian Gulf, or funding the difference between their military
salal~ and their City salary. He further requested that the City
Manager report to Council with regard to support services for families
of said employee.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:00 p.m., the Vice-Mayor declared the meeting in recess.
At 4:20 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiaing, and all Members of the Council in atten-
dance, with the exception of Mayor Taylor.
COUNCIL: Mr. White moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
.................. . to.
identified in any motion by which any Executive s convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser~.~.~.~.~..~..~.~.~.~..~~.~.6.
(Mayor Taylor was absent.)
116
ACTION:
SALE/PURCHASE OF PROPERTY: The City Manager submitted a written
report with regard to the purchase of property located at 348 Campbell
Avenue, S. W., advising that the structure was constructed in lg66,
with 20,008 square feet of building space and 40 parking spaces; and
appraisal for tax purposes is $780,000.00, with an asking price of
$1,500,000.00.
It was further advised that an option is available to purchase the
property, as follows:
Purchase price ~ $815,000.00.
Option term ~ Expires April 30, 1991.
Option price - $0 -. Obligation to share results of
environmental audit with sellers.
"As is" Sale - Option provides no warranties,
representations, or personal liability by sellers.
City purchases "as is".
The City Manager reconmmnded that Council authorize execution of
an option agreement which will also initiate an environmental audit and
title search, with City staff to make a recon~nendatton regarding
purchase, funding and future disposition of the Campbell Avenue
historic buildings after an environmental audit and title search, but
before expiration of the term of the option.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#30397-20491) AN ORDINANCE authorizing execution of an option
agreement by the appropriate City officials for the purchase of 348
Campbell Avenue, S. W., Roanoke City Official Tax No. 1011306, upon
certain terms and conditions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 211.)
Mrs. Bowles moved the adoption of Ordinan~- He. 3G$~7-zuq91. The
motion was seconded ~ Mr. ~Jhlt= anO adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Vice-Mayor Musser~-~-~--~--~-~-~--~----~-~--....6.
(Mayor Taylor was absent.)
m
117
YOUTH (YOUTH SERVICES CITIZEN BOARD): The Vice-Mayor advised that
there is a vacancy on the Youth Services Citizen Board created by the
resignation of Dr. C. A. Nottingham, for a term ending May 31, 1991,
and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Mr. J. Stephen
Shepherd.
There being no further nominations, Mr. Shepherd was elected as a
member of the Youth Services Citizen Board to fill the unexpired term
of Dr. C. A. Nottingham, resigned, ending May 31, 1991, by the
following vote:
ACTION:
FOR MR. SHEPHERD: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey and Vice-Mayor
(Mayor Taylor was absent.)
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES BOARD OF DIRECTORS):
Pursuant to a co~untcatton from the Board of Directors of Mental
Health Services of the Roanoke Valley under date of January 17, 1991,
Mr. Bowers n~ved that Council concur in the appointment of Dr. Cheri
Hartman as an at-large member of the Mental Health Services Board of
Directors to fill the unexpired term of The Reverend Clay Turner,
resigned, ending December 31, 1992. The motion was seconded by Mr.
Harvey and adopted.
ACTION:
ACTS OF ACKNOWLEDGEMENT: Mr. Harvey moved that the City Attorney
be requested to prepare the proper measure expressing sympathy upon the
passino of Mr. Jack C. Smith, former Executive Director of the Roanoke
Chamber of Commerce. The metion was seconded by Mrs. Bowles and
adopted.
There being no further business,
meeting adjourned at 4:30 p.m.
APPROVED
ATTEST:
City Clerk
the Vice-Mayor declared the
Vi ce-Mayor
118
REGULAR WEEKLY SESSION ~--- ROANOKE CITY COUNCIL
February 11, 1991
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 11, 1991, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Howard E. Musser, William White, Sr.,
David A. Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., James G.
Harvey, II, and Mayor Noel C. Taylor,**,-,-~--*-----------~--~--~------~-~--7.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Charles S.
Hoffler, Pastor, Waverly Place Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 11, 1991, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Virginia
Lutheran Homes, Inc., to amend the conditions proffered in an
October 19, 1987, rezoning of a tract of land containin~ 18.3 acres.
l^~-~"" -~ °°""" ....... ~v6au:, $. w., identified as Official Tax No
5180304, from RS-l, Residential Single Family District, to RM-2,
Residential Multi-Family, Medium Density District, which amendment more
specifically involves a change in the site plan proffered as a con~
dition to rezoning, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning and evening editions of the Roanoke Times & World-News on
Monday, January 28, 1991, and the morning edition on Monday,
February 4, lggl.
(See publisher's affidavit on file in the City Clerk's Office.)
119
II
II
ACTION:
A report of the City Planning Commission advising that the purpose
of the original request and current amended petition for rezoning is to
permit the construction of a residential complex for the elderly to
include a home for adults, a congregate care facility, and independent
living cottages, was before Council.
The Planning Commission recommended that Council approve the pro-
posed amendment to the previous rezoning conditions as requested,
advising that preservation of the substantial natural vegetative buffer
along the southern perimeter of the property, supplementation of the
existing vegetation along the western property boundary by the addition
of plant material and a landscaping berm, in conjunction with a reduc-
tion in the number and spatial rearrangement of the cottages,
demonstrate a sensitivity to the needs and concerns of adjoining pro-
perties as well as the overall character of the neighborhood; and the
p~ovision of this type of facility and its alternative housing schemes
has been identified as a community need in the City's comprehensive
plan and the general site location is conducive to the development of a
planned residential subcommunity.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#30398) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 518. Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 52, page 216.)
The motion was seconded by Mrs. Bowles.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none,
Ordinance No. 30398 was adopted, on its first reading, by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
ML!~er and Mavn~ Tavlor ............ 7
NAYS: None ....... O.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately.
120
BUDGET: A report of the City Manager requesting approval of the
following proposed schedule for the fiscal year 1991-92 budget study
process, was before Council.
Monday, April 15
10:00 a.m.
Monday, April 15
11:00 a.m.
Monday, April 15
2:00 p.m.
Monday, April 15
Monday, April 22
1:00 p.m. -
2:00 p.m.
Monday, April 22
7:30 p.m.
City Manager's press conference
to release Recommended Budget
City Manager briefs department
Managers on Recommended Budget
Public presentation of Recom-
mended Budget to City Council
Advertisements of public hear-
ings on Recommended Budget and
tax rates appear in newspaper
City Council meets with City
Administration to prepare for
public hearings
Public hearings on Recommended
Budget and tax rates - Civic
Center Exhibit Hall
Wednesday, May 1
9:00 a.m. -
12:00 noon
City Council/City Administra-
tion Budget Study Session
Thursday, May 2
9:00 a.m. -
12:00 noon
1:00 p.m. -
3:00 p.m.
Friday, May 3
9:00 a.m. -
12:00 noon
City Council/School Board
Budget Study Session
City Council/City Administra-
tion Budget Study Session
Final City Council/City Admini-
stration Budget Study Session.
Afternoon session can be sche-
duled if needed.
Monday, May 6
Monday, May 6
or
City Council adopts fiscal .year
~-~ ouuget and related
ordinances and resolutions.
City Council authorizes a spe-
cial 2:00 p.m. meeting of
Council for Thursday, May 9, to
adopt the fiscal year 1991-92
budget and related ordinances
and resolutions.
(For full text, see report and proposed schedule on file in the City
Clerk's Office.)
ACTION:
Mrs, Bowles moved that Council concur in the proposed budget study
schedule. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor--
NAYS: None .......... O.
SCHOOLS-ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of the City
Manager with regard to a request for funding by the Williamson Road
Area Business Association for completion of the beautification/
landscaping project at Breckinridge Middle School, was before Council.
The City Manager advised that Mr. Ted Key, Executive Director of
the Willtamson Road Area Business Association (WRABA), addressed
Council on July 9, 1990, and requested $9,494.00 for completion of the
beautification - landscaping project at Breckinridge Middle School; and
the Parks and Recreation Department has worked with Mr. Key in
attempting to develop plans that would break the project into six
phases which would allow for completion as WRABA raises the necessary
funds.
It was further advised that the Williamson Road Area Business
Association will accept bids for the first three phases of the project
within the next few weeks, and they are hopeful that starting on the
project will spur outside donations for its completion; and City staff
will continue to provide technical advice and assist in overseeing the
work of the contractor, while also maintaining the landscaped area as
phases are completed.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the report be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ....... 7.
NAYS: None ................................
STATE OF THE CITY ADDRESS-PARKS ANU PLAY~RUUNUS-RAILRUAUS: A
report of the City Manager with regard to Reconmmndation No. 10 con-
tained in the Mayor's 1989 State of the City Address relating to
establishment of linear parks with flowers, street scenes, benches and
walkways at the proper points on both sides of the N & W railroad, was
before Council.
The City Manager advised that following the Mayor's recommen-
dation, City staff from the Parks and Recreation/Grounds Maintenance
Department reviewed the recon~nendation and the proposed site between
the Transportation Museum and Williamson Road; and listed the following
practical and financial limitations to implementing the project:
Limited City owned right-of-way in the proposed
area greatly restricts any significant landscaping.
Overcoming this restriction would require a reduc-
tion in the width of the adjacent streets.
Any major right-of-way changes would affect Norfolk
Southern property, including fences, signal lines,
utility poles, and, in many places, tracks (located
in close proximity to the roadway.)
A major factor in the proposing of this project was
the unsightliness of the area along the fence, on
the north side of Norfolk Avenue, directly behind
the new Dominion Tower Building. This approxima-
tely 1.5 foot wide strip of right-of-way will be
planted with a hedge as a part of the total
landscaping plan for the Dominion Tower project.
No City funds will be required for this improve-
ment, though the City will assume maintenance of
the area.
It was explained that the project concept will continue to receive
attention; and it may be possible to implement portions over a period
of time as the matter moves higher on the priority list and the City's
financial condition improves.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the report be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ........ --7.
NAYS: None ....... O.
HEALTH DEPARTMENT (MENTAL tiEALTH SERVICES): A communication from
Mrs. Hortense W. Ruddick tendering her resignation as a member of the
Mental Health Services Board of Directors, effective March 1, lg91, was
before Council.
(For Tull text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the communication be received and filed and
that the resignation be accepted with regret. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ............... 7.
NAYS: None ........ O.
123
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ARCHITECTURAL REVIEW BOARD-ROANOKE VALLEY PRESERVATION FOUNDATION:
Mr, D, Kent Chrisman, President, Roanoke Preservation Foundation, com-
mended the City Administration for its concern with regard to pro-
tecting and preserving the heritage of the community by encouraging
sensitive rehabilitation of older buildings. He stated that through
the City's past efforts, Roanoke has been successful in revitalizing
the downtown area, enhancing neighborhoods and setting an example for
other communities throughout the United States. He further stated that
the City of Roanoke is recognized as a national leader in public policy
and growth management through preservation, and called attention to a
new book to be published later this month entitled, America's
Downtown -.Growth, Policies and Preservation, which identities Roanoke
as one of ten cities in the United States, along with Atlanta, Boston,
Denver, Cincinnati, Philadelphia, San Francisco, Seattle, St. Paul and
Jersey City, which are model cities for other communities in
establishing successful local policies that shape urban growth. He
read the 'following quote from the book, "Roanoke has the basic ingre-
dients for success, a clear sense of direction, widespread community
support, a balanced action program and a management style capable of
making adjustments and seizing opportunities,"
Mr. Chrisman advised that exemplary case studies demonstrate that
Roanoke has realized the benefits of preserving its past to build its
future, and has taken advantage of the opportunity to promote new deve-
lopment and encourage rehabi)itation through public actions and
programs that raise public awareness about historic resources and
leverage private investment in the community's unique architectural and
cultural heritage. He stated that through such efforts as Design '/9,
downtown improvements, historic districts, the Roanoke Neighborhood
Partnership, Roanoke Vision, acquisition of the endangered Campbell
Avenue buildings, procurement of the State's Regional Preservation
Office, and most recently, the establishment of several historic
building rehabilitation financial programs, the City has shown
leadership and has successfully prospered in its growth over the last
ten years. He added that since 1975, there has been over $226 million
in public and private investment in downtown Roanoke and in addition.
another anticipated ~l(l~)m(ll(e.-_ ir. G~bl~ ana private projects are
presently planned or under construction. He stated that through its
revitalization efforts, Roanoke is capitalizing on its heritage as a
tourist draw and Roanoke has shown that planning, preservation, and
growth in economic development can be achieved concurrently through
patience, perserverance and public support, especially financing.
Mr, Chrisman explained that the Roanoke Valley Preservation
Foundation wishes to express its gratitude and pride in the City's
accomplishments and, in recognition thereof, plans to nominate the City
of Roanoke'for the 1991 National Preservation Honor Award for its
comprehensive economic development strategy in promoting preservation
of downtown and the neighborhoods. He stated that the Preservation
Foundation looks forward to working with the City in the future and
extends its technical resources, if needed, to assist in decisionmaking
and development efforts.
124
ACT ION:
ACTION:
Mr. Bowers sought the assi stance of the Roanoke Valley
Preservation Foundation in connection with three primary bills in the
General Assenbly this year; viz: The Hotel Roanoke/Conference Center
Bill, a bill with regard to the design overlay, and a bill that would
allow the City of Roanoke to impose a penalty of up to dod)le the
assessed value of a parcel of real estate when a historic structure has
.been wrongfully razed. He requested that Mr. Chrisman and other persons
interested in historic preservation encourage Delegates Clifton A.
Woodrb~, III and A. Victor Thomas to 'join~ with Senator J.. Granger
Macfarlane in order to uqitedly present the bills on behalf of the City
of Roanoke.'
Mr. Fitzpatrick moved that the City Manager be requested to pro-
vide Council with a long range planning report with regard to a
building presently trader option by the City located at 348 Campbell
Avenue, S. W., other properties that potentially could be purchased by
the City in the Campbell Avenue area and Jefferson High School
building, such report to include information pertaining to impact on
growth around the properties, tax income to the City, potential deve-
lopment around said properties, and impact on the streetscape, etc.,
and that the City Manager sd)mit his report to Council by mid-March,
1991, The motion was seconded by Mr. White and u~animously adopted,
Mr, Bowers moved that the remarks of Mr. Chrisman be received and
filed with appreciation, and that all interested persons be encouraged
to contact Delegates Thomas and Woodrun and Senator Macfarlane as soon
as possible to express support of the design overlay bill, as well as
the bill imposing more stringent penalities upon individuals respon-
sible for razing historic structures, The motion was seconded by Mr.
Fitzpatrick and ~animously adopted.
PETITIONS AND COMMUNICATIONS:
-CITY' GOVERNMENT (SISTER~ CITIES): The. Mayor introduced Dr.
· '~Kwang-Suk Yu, Pastor of the First Baptist Church of Wonju, Korea, who
extended a formal invitation-to Mayor ~Taylor; Dr. Fr~ank P. Tota,
Superintendent of Schools; Dr. Charles L. Downs, President of Virginia
Western Community College; and Fir. W. Robert Herbert, City Manager, to
visit Roanoke's Sister City of Wonju.
The Mayor presented Reverend Yu with a Virgini~ q,_,~ :-:!th Lieu City
Reverend Yu presented the Mayor with a handpainted porcelain plate
which was painted by a famous Korean artist,
Reverend Yu advised that at the present time approximately 120
churches ~n Wonju are preparing a special revival service and they look
forward to having Mayor Taylor participate during a three day crusade
event in May, 1991, which will take place in an out door amphitheater
that was constructed during the Seoul Olympics and has the capacity to
accomodate in excess of 8,000 persons.
125
m
ARCHITECTURAL REVIEW BOARD: Mr. Robert Szathmary, Attorney,
representing Mr. Wtllialn R. Weeks, appeared before Council in connec-
tion with an appeal of a decision rendered by the Architectural Review
Board on Thursday, December 13, 1990, in connection with the denial of
a request of his client to obtain a Certificate of Appropriateness for
property located at 112 Albemarle Avenue, S. W., in order to provide
for the removal of a slate roof and construction of an asphalt roof.
Mr. Szathmary advised that the substance of his appeal is based
on the contention that Section 36.1-345 (b] of the Code of the City of
Roanoke (1979), as amended, exempts roof repairs and replacement from
the purview of the Architectural Review Board, and his purpose was to
request that Council confirm that decision. He stated that Section
36.1-345 (a} of the City Code provides, as follows:
"District regulations; Certificate of Appropriate-
ness.
(a) In order to encourage the preservation and
enhancement of the district and encourage rehabili-
tation and new construction in conformance with the
existing scale and character of the district, the
architectural review board shall review and approve
the erection of new buildings or structures, the
demolition or removing of existing structures and
buildings, and the structural enlargement of struc-
tures and buildings, or reduction in their floor
area, including the enclosure or removal of a porch
and no such erection, demolition, moving, enlarge-
merit or reduction of a structure shall be under-
taken without the issuance of a certificate of
appropriateness by the board."
Mr. Szathmary further stated that Section 36.1-345 (b) of the City
Code declares ordinary maintenance to be exempt from Architectural
Review Board review and provides as follows:
"(b) Nothing in this section shall be construed to
prevent the ordinary maintenance of any building,
structure or historic landmark in the district.
painting, roof and window repair and replacement,
installation of siding, awnings, or other similar
modifications, and other routine or necessary main-
tenance for structural preservation."
Mr. Szathmary explained that there are some people who would
imply that a roof is a "structure" and therefore falls within the pur-
view of the Architectural Review Board. As an example, he referred to
a letter recently submitted to Council which cites, as justification
for this interpretation, the first sentence of Section 36.1-25,
Definition, of the City Code, as follows:
Structure: "Anything which is constructed or
erected with a fixed location on the ground, or
attached to something having a fixed location on
the ground."
He stated that the omitted and final sentence of the definition reads,
"Among other things, structures include walls, buildings, fences, signs
and swimming pools." He added that Section 36.1-23, General Construc-
tion of ~anQuage states that: "The word, 'includes' shall not limit a
term to the specified examples, but is intended to extend its meaning
to all other instances or circumstances of like kind or character." On
behalf of his client, Mr. Szathmary submitted that roofs do not fall
within the classification of "structure".
Mr. Szathmary advised that some persons have attempted to distort
his client's concern for "economics", and submitted that his client is
sensitive to the aesthetics of his buildings, as well as the economics
and emphasized the correlation between his clients' costs and the
modest rents paid by his predominantly working class tenants. He added
that some individuals have expressed concern that any changes made to
multi-family dwellings may impede their reconversion to single family
dwellings in the future, advising that while this concern may be ger-
maine in some instances, it is not true in this particular case because
112 Albemarle Avenue was constructed in the early 1900's as a multi-
family dwelling.
A report of the Architectural Review Board advising that City
staff and counsel for the Architectural Review Board discussed the
matter of roof removal and reconstruction in the historic district and
it was counsel's opinion, in which staff concurred, that a determina-
tion of whether roof construction is ordinary maintenance must be
determined on a case by case basis, and in that regard, a determination
must be made as to whether the construction is required for structural
It was pointed out that in general, if a roof is being repaired or
reconstructed for the purpose of preserving the structural elements of
the building, it is considered to be "ordinary maintenance" and not
subject to the Board's jurisdiction; however, if the roof is being
constructed for another purpose, for example, appearance, convenience
of repair, economics, etc., such construction is not ordinary main-
tenance and is therefore, subject to the Board's jurisdiction.
127
The Architectural Review Board explained that during its hearing
on December 13, 1990, the owner of the property stated that removal of
the slate roof and installation of asphalt shingles was for pure econo-
mics; that the contractor acknowledged that he had not inspected the
roof at 112 Albemarle Avenue to see if it could be repaired without
removing all of the slate shingles, but had recommended to the owner
that it be replaced since two other structures were going to be done on
Allison Avenue, and the contractor specifically stated that the roof at
112 Albemarle Avenue was "in better shape than the other two roofs on
A11 i son."
In conclusion, it was advised that the Architectural Review Board,
by unanimous vote, denied the request for a Certificate of
Appropriateness. It was pointed out that based upon facts presented at
the December 13, 1990 meeting, it was the Board's determination that
there was insufficient reason shown that the slate roof should be
replaced and it was the finding of the Board that the architectural
character of the slate roof was important to the structure and to the
district and that removal of the slate and replacement of it with
asphalt shingles was not necessary for structural preservation, there-
fore, the slate roof should be repaired.
Upon question, the City Attorney advised that it is his view that
a roof is a structure under Section 36.1-25 of the City Code; and the
Neighborhood Preservation District, in Section 36.1-342 (a) states that
it is the intent of Council to encourage the preservation of struc-
tures, and Section 36.1-347 (b) states that every reasonable effort
should be made to minimize alteration of a structure. Furthermore, he
stated that it is not believed that the drastic action of replacing a
slate roof with an asphalt roof is ordina)~ maintenance, nor does he
believe that it is routine, and he does not believe that it is per-
missible without a Certificate of Appropriateness unless it is
necessary for the structural preservation of the building structure.
Accordingly, Mr. Dibling stated that Council has a decision to make on
whether the matter under consideration is ordinary maintenance; and if
Council determines that it is ordinary maintenance like the painting of
a house, then there is no requirement for a Certificate of Appropriate-
ness and Mr. Szathmary can be advised that he does not need a
Certificate of Appropriateness and he may therefore obtain a building
permit. Ne further stated that if Council believes it is not ordinary
................ , ~uu,,c~ must make a oeclsion on wnetner a certificate of
Appropriateness should be granted, and in making that decision, Council
must apply the guidelines of Section 36.1-347 of the City Code, one of
which states that every reasonable effort should be made to minimize
alterations of structures.
Mr. Szathmary reiterated that ordinary maintenance is already
defined in Section 36.1-345 (b) of the Code of the City of Roanoke
(1979), as amended, as follows:
"(b) Nothing in this section shall be construed to
prevent the ordinary maintenance of any building,
structure or historic landmark in the district.
Ordinary maintenance shall include such things as
painting, roof and window repair and replacement,
installation of siding, awnings, or other similar
modifications, and other routine or necessary main-
tenance for structural preservation."
Ms. Petie Brigham, 509 Allison Avenue, S. W., advised that she has
lived in the old southwest area since 1987, and stated her objection to
the proposed removal of the slate roof at 112 Albemarle Avenue in the
H-2, Historic District. She requested that Council continue its sup-
port of old Southwest and do everything in its power to protect the
neighborhood as a historic district. She stated that many of old
southwest's significant structures were demolished in the 1960's and
1970's to make way for architecturally insignificant offices and apart-
ment buildings, and many homes and buildings were "modernized" in very
inappropriate ways, having compromised the integrity of neighborhood.
She further stated that fortunately a halt was placed on such destruc-
tion a few years ago, and the City of Roanoke designated the neigh-
borhood as a historic district, and instituted a historic district
overlay which requires owners within the district to submit plans for
exterior alterations and for demolition to the Architectural Review
Board for review. She added that even with extension of the historic
zoning requirements and even with the Architectural Review Board
endeavoring to preserve old Southwest as one of the largest historic
districts in the nation, problems still exist such as the appeal pre-
sently before Council to remove a slate roof.
Ms. Brigham pointed out that there are owners, most of whom do not
reside in old Southwest, who want to alter their buildings or demolish
them without regard for the historic significance of the neighborhood
in general, without regard for the visual impact such alterations will
have on the building and the street, and without regard for the finan-
cial and emotional impact such inappropriate changes will have on other
property owners in the neighborhood, many of whom are resident owners.
She stated that old Southwest is plagued by owners who proceed with
alterations without obtaining building permits or who mislead the
Building Department in their applications for building permits. Sbt
explained that once a slat, woof is tort, oFF, i~ rs highly unlikely
that it will ever be replaced by slate by that owner or any subsequent
owner; and because of the absence of stated guidelines addressing the
replacement of roofs, three old Southwest roofs have already been lost
as result of the last Architectural Review Board meeting -- two slate
roofs on Allison Avenue also owned by Mr. Weeks and a tile roof on
Second Street. She stated that the slate roof at 112 Albemarle Avenue
appears to be in excellent condition; that it may well have a few leaks
attributable to missing nails or slipped or missing slates, but such
repairs can be handled effectively by a roofer familiar with slate
roofs, and to remove this particular slate roof would be a travesty.
129
m)
Ms. Brigham explained that old southwest has more beautiful slate
roofs than any other neighborhood in Roanoke, but many slate roofs were
lost prior to the historic zoning overlay and now that this protection
is in effect, it must be enforced; and to argue that removing a slate
roof has no impact on the building, the block or the neighborhood is
both insensitive and insensible, that every time such an action is
taken, it not only devalues that particular property, but the neigh-
borhood as a whole, and it is not fair to those who have invested time
and money in their property. She stated that it is the variety of the
neighborhood that attracts so many interesting people, people who are
willing to spend energy and money preserving it, advising that if the
neighborhood becomes homogenized by compromi sing its architectural ame-
nities into oblivion through the use of bland, cheap, modern replace-
ment materials like ordinary slate roofing, then the type of people who
care about such neighborhoods will lose interest; that rising property
values wtll turn to declining values and what has been a positive move-
merit for years will become a negative movement and old southwest will
become like any ordinary neighborhood or return to the decline of the
1940's, 1950's, lg60's or the lgTO's, and the City will lose one of its
most valuable resources and attractions.
Ms. Brigham requested that Council deny the appeal and work with
the Architectural Review Board to insure that guidelines are formulated
with care and implemented as soon as possible and that restrictions
within the historic district are applied fairly and evenly to all
owners. She asked that Council take time to learn about old southwest
and study its detailing so that when issues are brought before Council,
Council will be in a position to make decisions with the overall good
of the district in mind. She advised that with over 800 structures and
with over 4000 residents and within just a few minutes walking
distance of downtown Roanoke, old southwest is one of Roanoke's most
important entities and must not be destroyed through shortsightedness.
Ms. Sceva Phillips, 422 Walnut Avenue, S. E., advised that the
main question facing Council is how to define ordinary maintenance.
She stated that ordinary maintenance is not taking off a slate roof and
putting on an asphalt roof -- it is taking off an asphalt roof and
putting on an asphalt roof. She further stated that the Architectural
Review Board heard 92 cases last year and denied only two, with the
matter presently under consideration being one of them, which is a very
good record. She addpd that ~1~. ...... I..n~a_r..~ r,v~.,. ,-- ,, ~Oi~ld ,:view Li,e muLLer
very carefully and if it is not known what ordinary maintenance is, it
should be adequately defined.
Following discussion of the matter with questions and comments by
the Mayor and Members of Council with regard to clarification of the
language contained in Section 36.1-345 (b) of the City Code relative to
roof replacement, Mr. White moved that Council affirm the decision of
the Architectural Review Board and deny the request of the petitioner
for a Certificate of Appropriateness for property located at 112
Albemarle Avenue, S. W. The motion was seconded by Mr. Bowers and lost
by the following vote:
130
ACTION:
AYES: Council Members Bowers, Bowles and White ........
NAYS: Council Members Musser, Fitzpatrick, Harvey and Mayor
Tayl or ....... 4.
Mr. Bowers moved that the matter be referred back to the
Architectural Review Board for further consideration and compromise.
On two occasions, the Mayor called for a second to the motion.
There being none, he declared the motion lost.
Mr. Harvey moved that the Architectural Review Board be requested
to review Section 36.1-345 (b) of the Code of the City of Roanoke
(1979), as amended; viz:
"(b) nothing in this section shall be construed to
prevent the ordinary maintenance of any building,
structure or historic landmark in the district.
Ordinary maintenance shall include such things as
painting, roof and window repair and replacement,
installation of siding, awnings, or other similar
modifications, and other routine or necessary main-
tenance for structural preservation."
Mr. Harvey further moved that after conducting a public hearing or
public hearings on the matter, that the Architectural Review Board be
requested to submit a report and recon~nendation to Council with regard
to clarification of the abovestated language as it pertains to roof
replacement. The motion was seconded by Mr. Bowers and adopted, Mr.
White voting no.
BUDGET-CITY SHERIFF-CITY JAIL: A con~nunication from the Honorable
W. Alvin Hudson, City Sheriff, advising that in 1987, Governor Gerald
Baliles initiated a Literacy Program for inmates incarcerated in the
Virginia Department of Corrections, which was intended to reduce reci-
divism among inmates by encouraging inmates to obtain a General
Education Diploma (G.E.D.) level of education and thereby increase
their abilities to obtain jobs once released from custody, was before
Council.
it was Turtner advised that in fiscal year 1988-89 and 1989-90,
limited grant funds were made available to local jails to initiate
and/or augment established educational programs for inmates at the
local level; that the Roanoke City Jail applied for and received grant
funds to employ a part-time teacher to initiate a program for inmates
in the Roanoke City Jail; that in fiscal year 1990-91, the Roanoke City
School Division again requested and received funds for an "institu-
tional adult plan" to continue to provide funding for the G.E.D.
program being operated in the Roanoke City Jail, which was submitted as
part of the Annual Program Application for adult education under the
State Adult Literacy and Adult Education Act; and funds are admini-
stered by the Adult Education Service of the State Department of
Education through local school divisions.
13[
m
It was explained that Federal funds, in the amount of $9,50D.00,
were approved to reimburse Roanoke City for 90 per cent of the total
cost to continue the employment of a part-time teacher to operate the
G.E.D. Program in the Roanoke City Jail for 35 weeks of the fiscal
year; that Roanoke City was required to provide a local ten per cent
cash match, in the amount of $1,055.56, in order for the Roanoke City
Jail to participate in said program, and Council approved the local
cash match on July 23, 1990; that the Roanoke City Jail G.E.D. Program
has proven to be successful since its beginning in fiscal year 1988-89;
and utilizing a part-time teacher, in addition to con~nunity volunteers
from St. Gerard's Catholic Church and the First Baptist Church, the
jail has been able to provide quality educational opportunities to
inmates.
It was further explained that a total of 158 inmates have been
enrolled in the G.E.D. Program to date; that a total of 24 inmates have
obtained G.E.D. certificates while still incarcerated, with six addi-
tional inmates having recently taken tests to receive certificates, and
20 more are enrolled in the program; that the Roanoke City School
Division requested and received approval for additional funding of the
Roanoke City Jail's G.E.D. Program for fiscal year 1990-91; and because
the original grant request approved in July 1990 only provided funding
for a part-time teacher for 35 weeks of the current fiscal year, addi-
tional funding was requested to continue the G.E.D. Program during the
current fiscal year; and funds are administered by the Adult Education
Service of the State Department of Education through local school divi-
sions.
The Sheriff pointed out that Federal funds, not to exceed the
amount of $2,993.00, have been approved to reimburse the City of
Roanoke for 90 per cent of the total cost to continue to pay a part-
time teacher to operate the G.E.D. Program in the Roanoke City Jail for
another 11 weeks of the current fiscal year; that Roanoke City is
required to provide a local 10 per cent cash match or $333.00 in order
for the Roanoke City Jail to continue to participate in said program;
and the total cost of the program will be $3,326.00, with the cost of
the program not to exceed $2,g93.00 from the State Department of
Education, plus a $333.00 local cash match.
(For full text, see communication on file in the City ('.l~k's Off!cc.)
A report of the City Manager concurring in the recommendation of
the City Sheriff, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#30399-21191) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 212.)
1'32
ACTION:
ACTION:
Mr. Harvey moved the adoption of Ordinance No. 30399-21191. The
motion was seconded by htr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ......... --7.
NAYS: None ........ O.
Mr. Bowers moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Harvey and unanimously
adopted.
REPORTS OF OFFICERS:
CITY )~NAGER:
BRIEFINGS:
REFUSE COLLECTION: Ms. Laura Wasko, Recycling Program
Coordinator, appeared before Council and presented slides in connection
with the start-up of the first phase of the City's Recycling Program in
March 1991. She stated that 4,000 residences located throughout the
City will commence the program in March, with up to g,o00 residences
schedule to go on line by the end of 1991. She advised that City
recycling will be phased in over a three to four year period, with
total implementation to approximately 38,000 residences; and citizens
will be provided with free recycling receptacles, with weekly curbside
collection to be instituted on the same day as regular trash collec-
tion. She pointed that recycling will help to prolong the life of the
current landfill and provide a cost savings to the City as materials
are recycled and diverted from the landfill.
Ms. Wasko explained that in selecting neighborhoods for the first
phase of the program, City staff evaluated a representation of the
City's social, racial and educationally diverse citizen base; non-alley
refuse collection (all recyclables will be collected at the curb
because the recycling truck cannot easily maneuver through the alleys;
and two routes from each day of the existing refuse collection route
(i.e. two morning routes, two Tuesday routes, etc.)
Ms_ Wask: ~tated tl,,t purcions of the Fairview, Wilmont Farms,
Shenandoah West, Roundhill, Garden City, Monterey Hills, Colonial
Heights, Edge Hill, Franklin Road and Greater Raleigh Court areas were
selected for the initial phase. She advised that materials to be
collected include steel, bi-metal and aluminum food and beverage cans,
newspaper, glass, bottles, jars, and plastic softdrink and milk con-
tainers, with each residence to be furnished with a 32 gallon, forest
green, roll out receptacle for use free of charge, and additional
recycling carts will be available at a cost of $21.0D. She stated that
for phase one, the City has purchased 9,000 receptacles, at a cost of
$180,000.00 and the first recycling truck at a cost of $75,000.00. She
called attention to a $10,000.00 check which was presented to Mayor
Taylor at a press conference held earlier in the day by Mr. Jeff Foote,
representing the National Softdrink Association, to be used in support
of public education for the recycling program.
In closing, Ms. Wasko advised that citizens who will be reached in
later phases of the program may start or continue their recycling
efforts by utilizing recycling drop-off centers at the Kroger stores
located in Crossroads Mall in the Roanoke City, Cave Spring Corners in
Roanoke County and Lake Drive Plaza in Vinton.
At 10:00 p.m., the Mayor declared the meeting in recess.
At 10:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-YOUTH-JUVENILE DETENTION HOME: The City Manager submitted
a written report advising that advertisement of public notice to seek
architectural/engineering services for the Crisis Intervention Center
to be located at Coyner Springs was advertised in a local newspaper on
December 9, 1990; and 11 architectural/engineering firms responded to
the request for services.
It was further advised that Dewberry & Davis was selected as the
best qualified architectural/engineering firm for the project; that
Dewberry and Davis designed a similar project for the City of Bristol,
Virginia; that in addition, one of their team members has experience
with children in the same capacity as those that will be accommodated
by the Crisis Intervention Center; that the project consists of design
of a new Crisis Intervention Center to be located on City-owned pro-
perty at Coyner Springs; that it is envisioned that the facility will
have the following: two bedrooms for three children each, four
bedrooms for two children each and one single bedroom, six offices (two
for manager and secretary, four for outreach workers), a clinic and a
conference room, a central multi-purpose area for dining, recreation
and parlor, a large kitchen, storage, etc, and will be approximately
6,000 square feet; and funding from the Virginia Department of
Corrections is in this year's State Budget and must be encumbered by
June 30, 1991, or be returned to the General Fund.
The City Manager recon~nended that Council concur in the following
actions:
Adtho{-iz6 ill: Ci ~ ~a,Jager ~o execute an architec-
tural/engineering full service contract, subject to
approval by the City Attorney, with Dewberry &
Davis, for design development, construction docu-
ments, bidding supervision, and construction
administration of the Crisis Intervention Center
for the following fee:
Basic Services
Additional Services
Reimbursable Expenses
$39,840.00
2,560.00*
2,000.00*
Total $44,400.00
ACTION:
*Expenditure of these funds to be administratively
approved.
Appropriate $547,850.00 to an account to be
established by the Director of Finance in the
Capital Projects Fund.
Funding is as follows:
General Fund Account
No. 001-004-9310-9512,
Transfers to the Debt
Service Fund
$267,850.00
Establish Accounts Receivable
from Virginia Department of
Corrections
280,000.00
$547,850.00
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30400-21191) AN ORDINANCE to amend and reordain certain sec-
tions of the lggO-gl General and Capital Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 212.)
Mrs. Bowles moved the adoption of Ordinance No. 30400-21191. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor--- 7.
NAYS: None ..... O.
Mr. Fitzpatrick offered the foll~w4ng
(#30401-21191) A RESOLUTION authorizing execution of a contract
with Dewberry & Davis to provide certain architectural and engineering
services, specifically the design, plans, specifications and related
construction documents, and contract administration, in connection with
the Crisis Intervention Center for the City of Roanoke to be located at
Coyner Springs.
(For full text of Resolution, see Resolution Book No. 52, page 213.)
m
ACTION:
Mr. Fitzpatrick moved the adoption of Resolution No. 30401-21191.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor .......... 7.
NAYS: None ..... O.
HOUSING: The City Manager submitted a written report advising
that the owner of Park 21 Apartments on Fallon Avenue, S. E., has
requested the Virginia Housing Development Authority (VHDA) to provide
$320,000.00 in loans for renovation of 72 units; that a tentative com-
mitment of $141,000.00 in financing from the Department of Housing and
Community Development to support renovation has also been received by
the owner; an~ expected improvements to the units include the
following:
new heat pumps
window replacement
roof replacement and ventilation
new hot water heaters
repairs or replacement of exterior doors
refinishing or replacement of kitchen cabinets
new carpet and vinyl
new kitchen appliances
repairs to parking lot
improvement of site drainage
additional landscaping
repairs to swimming pool.
It was further advised that conditions of financing from the
Virginia Housing Development Authority and the Department of Housing
and Community Development include the following:
At least 40 per cent (29) of the units must be
reserved for occupancy by households with incomes
not exceeding 60 per cent of the area median income
($19,300.00 for a family of 3); for the 30-year
term of the financing; and
A maintenance/replacement reserve escrow account be
established to finance continued required upkeep.
It was explained that current rents are approximately $245.00 for
a one-bedroom unit and $275.00 for a two-bedroom unit; that projected
rents after renovation are approximately $275.00 for a one-bedroom unit
and $325.00 for a t~o-bedroom unit; that approximately 20 - 25 of the
units are vacant now, with about 16 unrentable, reportedly because of
ACTION:
being "cannibalized" to keep other units rentable; that tile Virginia
Housing Development Authority has invited, as required by law, the
City's formal endorsement of the request, that the City may, by resolu-
tion, submit negative comments, if desired; that the City is allowed 60
days (expiring on March 5, 1991) to comment by formal resolution of
Council; and arrangements for financing from the Virginia Housing
Development Authority cannot be finalized until comments are received,
or the 60 day comment period has expired.
The City Manager recommended that Council authorize the Mayor to
certify to the Virginia Housing Development Authority the City's endor-
sement of the request for financing to be provided by the Authority for
improvements to the Park 21 Apartments.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#30402-21191) A RESOLUTION approving the rehabilitation of
approximately 72 apartment units in the City· and authorizing execution
of a Certificate of Approval for the same.
(For full text of Resolution, see Resolution Book No. 52, page 214.)
Mr. Bowers moved the adoption of Resolution No. 30402-21191. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ....... 7.
NAYS: None ........
INDUSTRIES: The City Manager submitted a written report advising
that Arden Associates L.P., purchased Parcel 4, Official Tax No.
7210101, in the Roanoke Centre for Industry and Technology for the pur-
pose of constructing an office/warehouse facility to be leased to
Elizabeth Arden Company; closing occurred on November 16, 1990.
It was further advised that Elizabeth Arden Company is held by
CONOPCO, Inc., a holdina comoanv fne IIUTIKU~D +h~ ri=wan+ ~ ........ ~k-~
Arden Associates L.P. and dONOPCO, Inc., wish to enter into a lease
agreement on Parcel 4 in the Centre; and the Deed of Restrictions for
the Roanoke Centre for Industry and Technology (No. 12) states that "No
purchaser from the City of property in the Centre shall lease such pro-
perty without the prior written consent of the City, which shall not be
unreasonably withheld."
The City Manager recommended that Council adopt a measure
authorizing a lease agreement between Arden Associates L.P., and
CONOPCO, Inc., on Parcel 4, Official Tax No. 7210101, in the Roanoke
Centre for Industry and Technology.
(For full text· see report on file in the City Clerk's Office.)
137
m
ACTION:
ACTION:
Mr. Fitzpatrick offered the following Resolution:
(#30403-21191) A RESOLUTION consenting to the lease of Parcel 4
within the Roanoke Centre for Industry and Technology.
(For full text of Resolution, see Resolution Book No. 52, page 214.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30403-21191.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ...... 7.
NAYS: None ........ .0.
CITY ATTORNEY:
RADIO-TELEVISION: The City Attorney submitted a written report
advising that at the regular meeting of Council on Monday, January 28,
1991, he was requested to draft a communication to be forwarded to
Senator Albert Gore, Or., Senator Ernest F. Hollings, and Senator
John C. Danforth supporting their efforts to introduce legislation
which will provide more control to local governments regarding the
regulation of cable television; whereupon, he transmitted a resolution
in support of the Cable Television Consumer Protection Act of 1991,
which was introduced in the United States Senate on January 14, 1991.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#30404-21191) A RESOLUTION expressing this Council's support for
the Cable Television Consumer Protection Act of 1991.
(For full text of Resolution, see Resolution Book No. 52, page 215.)
Mr. Musser moved the adoption of Resolution No. 30404-21191. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles; Fitzpatrick,
Harvey and Mayor Taylor-. 7.
NAYS: None .................. O.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report requesting
that certain dates be established in connection with the selection pro-
cess for School Board Trustees, pursuant to Chapter g, Education, of
the Code of the City of Roanoke (1979), as amended.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Pursuant to the suggestion of the Mayor, Council concurred in the
following dates:
On Monday, March 11, 1991, at 6:00 p.m., in the
Lobby of the Municipal Building, Council will hold
an informal meeting (reception), which will be open
to the public, with all candidates for school
trustee.
On Monday, March 25, 1991, at 2:00 p.m., or as soon
thereafter as the matter may be heard, Council will
review and consider all candidates for the position
of school trustee. At such meeting, Council will
review all applications filed for the position and
may elect to interview candidates for such posi-
tions.
On Monday, April 1, 1991, at 2:00 p.m., or as soon
thereafter as the matter may be heard, Council
will, by public vote, select from the field of can-
didates those candidates to be accorded the formal
interview and all other candidates will be elimi-
nated from the school trustee selection process.
The number of candidates to be granted the inter-
view will not exceed three times the number of
positions available on the Roanoke City School
Board, should there be so many candidates.
On Monday, April 8, 1991, at 7:30 p.m., or as soon
thereafter as the matter may be heard, Council will
hold a public hearing to receive the views of
citizens.
On Thursday, April 25, 1990, at 7:00 p.m. (tenta-
tive), in the City Council Chamber, Council will
hold a meeting for the purpose of conducting a
public interview of the candidates for the position
of school trustee.
On Monday, May 13, 1991, at 7:30 p.m., or as soon
Li~erea~er as the matter may ~e ~ear~, Council will
hold an election to fill the vacancies on the
Roanoke City School Board,
REPORTS OF CO~4ITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ACTS OF ACKNOWLEDGEMENT: Mr. Harvey offered the following
Resolution memorializing the late Jack C. Smith:
m
ACTION:
ACTION:
(#30405-21191) A RESOLUTION memorializing the late Jack C. Smith.
(For full text of Resolution, see Resolution Book No. 52, page 215.)
Mr. Harvey moved the adoption of Resolution No. 30405-21191. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ........... 7.
NAYS: None ......................
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
RADIO-TELEVISION: Vice-Mayor Howard E. Musser, Chairman of the
Roanoke Regional Cable Television Committee, submitted a written report
advising that the Roanoke Regional Cable Television Con~ittee is con-
tinuing negotiations with Cox Cable Roanoke, Inc., with regard to
renewal of the existing cable television franchises; and current exten-
sion of the franchise agreement between the City of Roanoke and Cox
Cable Roanoke, Inc., will expire on March 1, 1991.
It was further advised that although substantial progress has been
made, it will not be possible to conclude the renewal process prior to
March 1, 1991; that Federal and State law preclude Cox Cable Roanoke,
Inc,, from operating without a valid franchise agreement; and included
in the proposed extension is a one per cent increase in the franchise
fee paid by the franchisee to the City from four per cent to five per
cent of gross revenues.
Mr. Musser recon~ended adoption of a measure which would provide
for a 60-day extension of the existing cable television franchise with
Cox Cable Roanoke, Inc., advising that Roanoke County and the Town of
Vtnton also intend to provide for a similar 60-day extension of their
respective franchises with Cox Cable Roanoke, Inc., with a proposed one
per cent increase in the franchise fee.
(For full text, see report on file in the £itv Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#30406) AN ORDINANCE extending the franchise of Cox Cable
Roanoke, Inc., to operate a cable television system in the City for an
additional sixty day period and providing for a one per cent (1%)
increase in the franchise fee payment from four to five per cent of
gross revenues.
(For full text of Ordinance, see Ordinance Book No. 51, page 217.)
The .motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ............. 7.
NAYS: None-- O.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 10:35 p.m.
APPROVED
ATTEST: ~~
City Clerk
Mayor
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
February 19, 1991
2:00 p.m.
m
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, February 19, 1991, at 2:00 p.m,, the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T. Fitzpatrick,
Jr., Howard E. Musser, William White, Sr., and Mayor Noel C. Taylor ........... 5.
ABSENT: Council Members David A. Bowers and James G. Harvey, II ..... 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Douglas F. C.
Keffer, Senior Minister, Edgewood Christian Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and coff~nittees appointed by Cnlmne(l.
MINUTES: Minutes of the special meeting of Council held on
Thursday, November 1, 1990; the Personnel Committee Meetings of Roanoke
City Council held on Friday, November 2, 1990, and Monday, November 5,
1990; and the regular meetings of Council held on Monday, November 5,
1990, Monday, November 12, 1990, Monday, November 19, lggO, and Monday,
November 26, 1990, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
142
ACTION:
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Musser, White and
Mayor Taylor ............ 5.
NAYS: None ............
(Council Members Bowers and Harvey were absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia {1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser, White and
Mayor Taylor ......................................................... 5.
NAYS: None ..................................................... O.
(Council Members Bowers and Harvey were absent.)
HOUSING: A co~unication from Dr. Wendell H. Butler tendering his
resignation as a member of the City of Roanoke Redevelopment and
Housing Authority Board of Commissioners, effective February 15, 1991,
inasmuch as he recently accepted an appointment by the Governor to
serve on the State Water Control Board, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mrs. Bowles and adnnt~d hy the fo!!ewi~
AYES: Council Members Bowles, Fitzpatrick, Musser, White and
Mayor Taylor ............ 5.
NAYS: None ............
O.
{Council Members Bowers and Harvey were absent.)
HOUSING: A communication from Mr. Nerbert D. McBride, Executive
Director, City of Roanoke Redevelopment and Housing Authority,
transmitting a check, in the amount of $113,927.84, representing
payment in lieu of taxes which is ten per cent of shelter rents from
all housing projects for the Authority's fiscal year ended
September 30, 1990, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
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Mr. White moved that the communication be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser, White and
Mayor Taylor ..... 5.
NAYS: None ........... O.
(Council Members Bowers and Harvey were absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
Grant No. 6745 - $2,245.00 for the Adult Basic
Education Program to provide funds
for the education of adults who
have not completed high school,
which represents additional
Federal funds allocated to the
Program.
Grant No. 6973 - $500.00 for the Community
Opportunity Grant to provide for
the equipment necessary to imple-
ment a school-business partnership
between Virginia Heights Elemen-
tary School and the Raleigh Court
Health Care Center. Funding for
the project has been received from
the Junior League of Roanoke
Valley.
Grant No. 6974 - $4,275.00 for the Microcomputer
Software Subsidy to provide funds
for the purchase of instructional
software for elementary instruc-
tion. State funds have been
received for the Program.
144
ACTION:
The School Board further requested appropriation of $2,068.00 for
the Title II-A LPN Program to provide funds for tuition for selected
students to attend the Licensed Practical Nursing courses offered by
the Roanoke City Schools, advising that the program will be 100 per
cent reimbursed by Federal funds.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that all of the
grants are funded with 100 per cent Federal or State funding, with the
exception of the $500.00 appropriated for the Community Opportunity
Grant; that funding for said project has been received from the Junior
League of Roanoke Valley; and recommending that Council concur in the
request of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30407-21991) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-gl Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 217.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30407-21991.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Musser, White and
Mayor Taylor ..........
NAYS: None ....... O.
(Council Members Bowers and Harvey were absent.)
INDUSTRIES-BONDS: A communication from Mr. Harwell M. Oarby, Jr.,
Attorney, representing the Industrial Development Authority of the City
of Roanoke, requesting approval of a plan of financing to assist
Virginia Lutheran Homes. Inn.. t/, R~,ndnn ri,kc =_.".~ .".c.&r.r~k~= Lu~.h=ran
Retirement Community, Inc., in the acquisition, construction and
equipping of a facility for the residence and care of the elderly to be
located at 3804 Brandon Avenue, S. W., by issuance of industrial deve-
lopment revenue bonds in an amount not to exceed $30,000,000.00, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
J
145
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ACTION:
(#30408-21991) A RESOLUTION approving the plan of financing of
the Industrial Development Authority of the City of Roanoke, Virginia,
for the benefit of the Roanoke Lutheran Retirement Community, Inc., to
the extent required by Section 147 of the Internal Revenue Code of
1986, as amended.
(For full text of Resolution, see Resolution Book No. 52, page 218.)
Mrs. Bowles moved the adoption of Resolution No. 30408-21991. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Musser, White and
Mayor Taylor ........................... 5.
NAYS: None ................
O.
(Council Members Bowers and Harvey were absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
AFFIRMATIVE ACTION-CITY EMPLOYEES: The City Manager submitted a
written report advising that the Affirmative Action Plan provides for
an annual briefing to Council on the status of Equal Employment and
Affirmative Action; that a revised plan was adopted by Council on
October 15, 1984; that Council was last briefed on December 26, 1989;
and the Department of Personnel Management participated in certain spe-
cific affirmative action and EEO Programs during fiscal year 1989-90.
It was further advised that City workforce analysis indicates that
the percentage of minority workers to the total composition remains
consistent with that of fiscal year 1988-89; that further analysis
indicates that in all job categories, the City continues to maintain a
total workforce composition for non-white minorities equal or higher
than the per cent of available workforce in the Roanoke Statistical
Area; that fiscal year 1989-g0 hiring analysis of the City of Roanoke'~
Fuii-~ime worK~orce in al) equal employment opportunities categories
indicates that 31.9 per cent of new hires were non-white minorities and
37.8 per cent were females, which includes a City Planner, Assistant
City Attorney, Risk Management Officer and City Training Coordinator;
and new hires from July 1, 1989, through June 30, 19g0, for regular
employment included the following:
Number
Per cent of Total
White Males 102 39.5
White Females 74 28.6
Minority Males 56 21.7
Minority Females 20 7.7
Other Males* 2 1.0
Other Females 4 1.5
Total 258 100%
It was explained that promotions during fiscal year 1989-90
included 28.77 per cent minorities and 31.51 per cent females, which
included a Fire Chief, Deputy Fire Chief, Master Mechanic, and Manager
of Emergency Services, and promotions through June 30, 1990, in all
categories are as follows:
Number
Per cent of Total
White Males 38 52.15
White Females 14 19.18
Minority Males 12 16.44
Minority Females 9 12.33
Total 73 100%
The City Manager advised that future initiatives include a revi-
sion of the present Affirmative Action Plan, more intensive recruitment
at military bases separation centers for potential public safety appli-
cants, developing improved methods to hire public safety officers, con-
tinuing to improve human relations training for supervisors and being
responsive to recommendations from the City Manager's Task Force on
Community Relations. He further advised that affirmative action is an
integral part of the City's human resource plan; and if the City is to
continue to be a successful organization, it must ensure that its
diverse workforce has sound human relations skills and that it con-
tinues to provide equal employment opportunity to all persons,
regardless of their race, color, national origin or handicap.
Full ~ext, see report on file in the City Clerk's Office.)
Mr. White inquired about the City's practice with regard to small
business development, purchase of goods and services, and purchase of
construction services from minority contractors; whereupon, the City
Manager advised that this particular briefing was based specifically on
minority employment. He stated that the Economic Development
Commission has worked in the past with small businesses in an effort to
provide a link between City government and small business, and the area
that has produced the most results deals with the purchasing and adver-
tising process, advising that the Department of General Services and
the Engineering Department maintain an active list and insure that the
147
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ACTION:
City is aware of minority businesses in the community, and that they
receive notification of bids for City contracts, purchases, or
construction. As far as local policy is concerned, Mr. Herbert stated
that it is in the best interest of the City to make sure that small
businesses, as well as minorities, receive notice of the availability
of the City's procurement practices in terms of procuring goods and
services. He further stated that it makes good business sense to
insure that the City receives as many qualified bids on items and pro-
jects as possible, advising that the basic portion of City's economic
development effort is to create an atmosphere in this community that
small businesses can be started and will be given an opportunity to
grOW.
Mr. White requested that Council receive a briefing in the near
future on what the City is doing with regard to small business develop-
merit,
Mr. Fitzpatrick moved that the report of the City Manager be
received and filed. The motion was seconded by Mrs. Bowles and
adopted.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Fifth
District Employment and Training Consortium (FDETC) submitted its
fiscal year 1991 Title IIA Implementation Strategy to the Governor's
Employment and Training Department which includes on-the-job training,
job related education, classroom training, job placement activities and
remedial education; that the agency has also submitted its Implementa-
tion Strategy for the Title III, Economic Dislocated Worker Adjustment
Act, program activities for fiscal year 1991 which include on-the-job
training, classroom training, customized training, remedial education
and job placement activities for those who have been laid off from
work due to plant closings or a natural disaster; that the City of
Roanoke is the grant recipient for Consortium funding; and Council must
appropriate funding of all grants received by the Consortium.
It was explained that the Governor's Employment and Training
Department ha~ ~nt fn eh ....... = .....u, -*'
the amount of $117,447.00 of additional funding for the Title IIA
Program; that the Governor's Employment and Training Department has
awarded the Consortium, Notice of Award No. E-02, in the amount of
$16,020.00 and Notice of Award NOA #E-03 in the amount of $1,103.00,
for funding of the Title III, Economic Dislocated Worker Adjustment Act
Program; and the Virginia Employment Comission has awarded the
Consortium, Agreement No. GRP-90-7-3, in the amount of $22,747.00, for
Economic Dislocated Worker Adjustment Act 40 per cent funds.
148
ACTION:
The City Manager recommended that Council appropriate the
Consortium's additional funding, in the amount of $157,317.00, and
increase the revenue estimate by $157,317,00 in accounts to be
established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30409-21991) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Consortium Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 219.)
Mr. White moved the adoption of Ordinance No. 30409-21991. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Musser, White and
Mayor Taylor .......................... 5.
NAYS: None ..................................................... O.
(Council Members Bowers and Harvey were absent.)
ARMORY/STADIUM-GIRL SCOUTS-SPECIAL PER~ITS: The City Manager sub-
mitted a written report advising that the Virginia Skyline Girl Scout
Council will participate in an international event called "Thinking
Day" on Saturday, March 16, 1991, between 12:00 noon and 4:00 p.m.;
that "Thinking Day" is an activity that will provide an opportunity for
approximately 300 local Girl Scout members to learn more about people
in other countries; that the National Guard Armory has been requested
for use by the Girl Scout Council, with a waiver of the rental fee and
the granting of concession rights and commission; and concession pro-
ceeds will be used by the Girl Scout Council to offset the expense of
sending older Girl Scouts on a summer trip.
It was further advised that the National Guard Armory is available
on the date and at the time as requested by the Girl Scout Council:
that Council' .... ~-~-=+~-" ~ ........... ~u wdive rental fees and to
grant concession rights and commissions in accordance with Resolution
No. 24982; and General Liability insurance must be provided by the
lessee to include bodily injury and property damage, with limits to be
$1 million per occurrence, with the City named as additional insured;
and a certificate of insurance, acceptable to the Risk Management
Officer, shall be disposited with the City Clerk prior to the event.
The City Manager recommended that Council waive the rental fee and
grant concession rights and commission to the Virginia Skyline Girl
Scout Council for use of the National Guard Armory on Saturday,
March 16, 1991.
(For full text, see report on file in the City Clerk's Office.)
149
ACTION:
ACTION:
Mr. Musser offered the following Resolution:
(#30410-21991) A RESOLUTION waiving the standard rental fee for
use of the National Guard Armory by the Virginia Skyline Girl Scout
Council for a "Thinking Day" and granting concession rights in conjunc-
tion with such event.
(For full text of Resolution, see Resolution Book No. 52, page 220.)
Mr. Musser moved the adoption of Resolution No. 30410-21991. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Musser, White and
Mayor Tayl or ..... 5.
NAYS: None- O.
(Council Members Bowers and Harvey were absent.)
SPECIAL PERMITS-AMERICAN RED CROSS: The City Manager submitted a
written report advising that during March 1990, Council granted per-
mission to the Roanoke Valley Chapter, American Red Cross, to hang
flags from street lighting poles in the Central Business District of
the City that in recognition of Red Cross Month in order to raise local
awareness of the volunteers who help their community through service in
the organization; and pursuant to communication under date of January
21, 1991, Mr. Edward C. Dunbar, Chairman of the Roanoke Valley Chapter
of the American Red Cross, has again requested permission to fly the
three foot by five foot American Red Cross flags from street lighting
poles in the Central Business District of the City from March 14, 1991,
through March 31, 1991.
The City Manager recommended that Council adopt the appropriate
measure granting a revocable permit to the American Red Cross to
display flags in the Central Business District of the City from
March 14, 1991, through March 31, 1991.
(For full text, see report on file in the City Clerk's Office. )
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#30411) AN ORDINANCE granting to the American Red Cross, Roanoke
Valley Chapter, a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 221.)
The motion was seconded by Mr. White and adopted by the following
vote:
150
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Musser, White and
Mayor Taylor ............................ 5.
NAYS: None--- O.
(Council Members Bowers and Harvey were absent.)
ROANOKE AND BOTETOURT TELEPHONE COMPANY: The City Manager sub-
mitted a written report advising that Ordinance No. 30250-100190 was
adopted by Council on first reading on Monday, September 24, 1990, and,
again on second reading on Monday, October 1, 1990, which Ordinance
granted Roanoke and Botetourt Telephone Company the right, for the term
and upon the conditions stated in said ordinance, to use certain
streets, alleys and public ways of the City to erect, construct,
operate and maintain a fiber optic telecommunications system in the
City of Roanoke.
It was further advised that Section 10 of the ordinance entitled,
Approval of Transfer, provides, in part, that no sale, assignment or
16ase by the grantee of the franchise or of the privileges granted
thereunder shall be permitted or effective without prior approval by
City Council; that the City has been placed on notice that Roanoke and
Botetourt lelephone Company is in the process of transferring all of
its fiber optic assets in accordance with an Order of the State
Corporation Cor~ission of Virginia to a subsidiary corporation, R & B
Network, Inc.; and R & B Network, Inc., has agreed to assume all of the
obligations and responsibilities under the franchise and to comply with
all of the ordinance requirements.
The City Manager recommended that Council approve the request of
Roanoke and Botetourt Telephone Company.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30412) AN ORDINANCE approving the transfer of a certain
franchise for a fiber optic telecommunication system from Roanoke &
Botetourt T~leDhone Comn~nv ~n ~ £ ~ ~ ..... m. ,-~
· . _ ......... , ..... , upu,, ~ur~a~n terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 222.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser, White and
Mayor Taylor ...... 5.
NAYS: None ........ O.
(Council Members Bowers and Harvey were absent.)
151
ACTION:
REPORTS OF COmmITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
· Ordinance No. 30398-21991 amending conditions proferred
ZO~I~__ ,~ ,Q~7 rezoninq of a tract of land
in an uc~o . ~ ~.~ .... ~^. ~,,~,,o S. W.. to provioe tna~
acres, locatea at jou, ov~,~SS.-.y.~-j__ "o. '5180304 be, and hereby
tract of land, described as ottic~a~ ~dx ,
· ed RM-2 Residential Multi-Family, Medium Density District,
remains, zon , . ' econd Amended
subject to those conditions proferred and set forth ~n a s
Petition to Change Proffered Rezoning Conditions filed in the Office of
the City Clerk on January 24, 1991, and to the extent that if is
necessary to do so, Sheet No. 518 of the Sectional 1976 Zone Map be
changed in this respect, having previously been before the Council for
its first reading on Monday, February 11, 1991, read and adopted on its
first reading and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final adoption:
(#30398~21991) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 518, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 52, page 216.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30398-21991.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick Musser, White and
Mayor Taylor--
NAYS: None-
(Council Members Bowers and Harvey were absent.)
oan'~n-T~'~ rVl'-c, lflN: Ordinance No. 30406-21991 extending the
....... - '-" ~ t~levi sion
franchise of Cox Cable Roanoke, Inc., to operate a uo~.~
system in the City for an additional 60 day period and providing for a
one per cent increase in the franchise fee payment from four to five
per cent of gross revenues, having previously been before the Council
for its first reading on Monday, February 11, 1991, read and adopted on
its first reading and laid over, was again before the body, Mr. Musser
offering the following for its second reading and final adoption:
(#30406-21991) AN ORDINANCE extending the franchise of Cox Cable
Roanoke, Inc., to operate a cable television system in the City for an
additional 60 day period and providing for a one per cent (1%) increase
in the franchise fee payment from four to five per cent of gross reve-
nues.
(For full text of Ordinance, see Ordinance Book No. 52, page 217.)
152
ACTION:
ACTION:
Mr. Musser moved the adoption of Ordinance No. 30406-21991. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Musser, White and
Mayor Tayl or ......... -5.
NAYS: None ......... O.
(Council Members Bowers and Harvey were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:35 p.m., the Mayor declared the meeting in recess.
At 3:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Members Bowers and Harvey.
COUNCIL: Mr. White moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser, White and
Mayor Taylor ......... --5.
NAYS: None ..........
-0.
(Council Members Bowers and Harvey w~r: absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that the
three year terms of Ms. Ora B. McColman and Ms. A. Lorraine Johnson,
and the one year terms of Messrs. Charles W. Hancock and Ronald H.
Miller, as members of the Roanoke Neighborhood Partnership Steering
Con~nittee, expired on November 14, 1990, and called for nominations to
fill the vacancies.
Mrs. Bowles placed in nomination the names of Ms. Ora B. McColman,
and Messrs. Charles W. Hancock and Ronald H. Miller.
153
ACTION:
ACTION:
There being no further nominations, Ms. McColman was reelected as
a member of the Roanoke Neighborhood Partnership Steering Committee for
a term of three years,ending November 14, 1993, and Messrs. Hancock and
Miller were reelected as members of the Roanoke Neighborhood
Partnership Steering Committee, for terms of one year, each, ending
November 14, 1991, by the following vote:
FOR MS. MCCOLMAN AND MESSRS. HANCOCK AND MILLER: Council Members
Bowles, Fitzpatrick, Musser, White and Mayor Taylor .................. 5.
ICouncil Members Bowers and Harvey were absent.)
CELEBRATIONS (SPECIAL EVENTS COMMITTEE): The Mayor advised that
there is a vacancy on the Special Events Committee created by the
resignation of Ms. Nina C. Bolden, for a term ending June 30, 1991, and
called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Mr. Ted H. Key.
There being no further nominations, Mr. Key was elected as a
member of the Special Events Committee for a term ending June 30, I991,
by the following vote:
FOR MR. KEY: Council Members Bowles, Fitzpatrick, Musser, White
and Mayor Taylor---
(Council Members Bowers and Harvey were absent.)
There being no further business, the Mayor declared the meeting
adjourned at 3:25 p.m.
ATTEST:
City C1 erk
APPROVED
154
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 25, 1991
7:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Auditorium of the Lincoln Terrace Elementary School, 1802 Liberty Road, N. W.,
City of Roanoke, on Monday, February 25, 1991, at 7:00 p.m., with Mayor Noel C.
Taylor presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules
of Procedure, Code of the City of Roanoke (1979}, as amended, and pursuant to
~solution No. 30223-82790, adopted by the Council on Monday, August 27, 1990.
PRESENT: Council Members David A. Bowers, Elizabeth T. Eawles,
Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Howard E. Musser, William
White, Sr., and Mayor Noel C. Taylor 7.
ABSENT: None ......... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Glenn A. Tabor,
Pastor, Northside Church of Christ.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards.
m~cc~nn~ ~n~ ~--~* .....
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 IA) I1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION'
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
ACTION:
ACTION:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ................. 7.
NAYS: None ....................
Oe
INDUSTRIES-MISCELLANEOUS-PROCUREMENT CODE: A communication from
Council Member William White, Sr., requesting a briefing from the City
Manager with regard to the City of Roanoke's program relating to Small
and Minority Business Development, was before Council.
Mr. White advised that Affirmative Action Programs relating to
small businesses are good business practice, they are in the public
interest, and they are an area where a local govern~nt can have signi-
ficant impact without expending additional funds or creating new
programs; that small businesses create the majority of new jobs in this
country, and in our community they are more likely to employ persons
who would require some type of local government assistance.
Mr. White requested that the City Manager's briefing include a
historical statement and a projection of what direction the City can
take, as well as specifics on how small business and minority business
development inner-act with the City's economic development program.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the communication be received and filed.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ............ 7.
NAYS: None ...............
Oe
YOUTH (YOUTH SERVICES CITIZEN BOARD): A report of qualification
of Mr. J. Stephen Shepard as a member of the Youth Services Citizen
Board to fill the unexpired term of Dr. C. A. Nottingham, resigned,
ending May 31, 1991, was before Council.
{See 9_~t?. $~ ;.ff-;,,,,aL;u. OT Uttice on tlle in t~e L;~ty t;lerz:s UfT~Ce.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .............. 7.
NAYS: None ....................... O.
156
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ARMORY/STADIUM: Mr. Donald F. "Whitey" Taylor, 2823 Williamson
Road, N. W., appeared before Council and requested permission to hold
auto racing in Victory Stadium. He stated that he would like to be
responsive to the concerns of Council, as well as to the concerns of
citizens, and emphasized that everything that is of concern to Council
and to the citizens of Roanoke is of concern to him as a promoter. He
requested permission to conduct auto racing at Victory Stadium on three
dates per year on or near the following; viz: May 27, July 5, and
September 2, with racing to commence at 5:00 p.m., and to conclude no
later than 8:00 p.m.
Upon question as to the type of cars proposed to raced, Mr. Taylor
advised that he would run the three quarter midgets, as well as the
same type of cars that run at Bowman Gray Stadium in Winston-Salem,
North Carolina. With regard to parking, he stated that he would pro-
pose a bus shuttle from the City's parking garages to Victory Stadium,
and he would work with Valley Metro officials toward that end. In
reference to monitoring noise, he stated that he would be responsible
for installation of a noise monitor in the Stadium, advising that deci-
bel readings were taken approximately two years ago, both inside and
outside of Roanoke Memorial Hospital, and he would be willing to fund
the expense of additional noise level decibel readings. He stated that
he was prepared to post a performance bond to insure the condition of
Victory Stadium.
Mr. Charles Coulter, 2616 Stephenson Avenue, S. W., Vice-Presi-
dent, South Roanoke Neighborhood Alliance, appeared before Council and
advised that any form of auto racing in neighborhoods is totally
against the concept of a close neighborhood environment. He called
attention to noise, trash and parking problems already in existence for
the surrounding neighborhoods as a result of events held at Victory
Stadium. He stated that he knew of no other City where there is a race
track located next to a large urban neighborhood, and requested that
Council think long and hard before voting on the matter.
Ms. Barbara S. Duerk, 2607 Rosalind Avenue, S. W., President,
Neighbors in South Roanoke, expressed concern about auto racing at
Victory Stadium. She advised that the organization is not against auto
racing or auto racing in Roanoke, but it is felt that Victory Stadium
is not the appropriate place for such activity. She stated that if the
City constructed a race track, citizens of the Roanoke Valley would
probably support it; however, she noted that her neighborhood organiza-
tion has expressed concern about noise, parking and alcohol consumption
that would be generated by such an event. If the matter is referred to
a committee for study, she requested that a representative of Neighbors
in South Roanoke be appointed.
m
157
ACTION:
Mr. Taylor expressed concern relative to issues raised by repre-
sentatives of the neighborhood. With regard to Bowman Gray Stadium in
Winston-Salem, North Carolina, he stated that the Stadium is an opera-
tion that has been good for the City of Winston-Salem, with the City
receiving approximately $70,000.00 in rent each year. Also, at Bowman
Gray Stadium, he pointed out that a curfew is observed; that 12 to 16
races are held per year, 10 to 12 high school football games are held
per year, and five college football games are held per year. With
regard to Victory Stadium, he stated that it is not intended to allow
or to sell alcoholic beverages on the premises; and the noise level
will be controlled with mufflers similar to those used in other sta-
diums around the country. He asked that Council carefully review the
matter, advising that Victory Stadium is empty most of the time.
Upon question, Mr. Taylor advised that he would be willing to pro-
vide the City with decibel readings from other locations where similar
types of auto racing operations are presently under way so that the
City will have comparative data.
Mr. Harvey moved that Mr. Taylor be requested to place his propo-
sal for trial racing at Victory Stadium in writing and submit the
information to the City Manager, including such items as a performance
bond in amounts determined appropriate by the City, the type(s) of
automobiles proposed to be raced, a parking plan, decibel readings on
noise levels at similar facilities, measures proposed to be taken to
monitor the noise level at Victory Stadium, and any other information
deemed appropriate by the City Manager. The motion was seconded by Mr.
Musser and unanimously adopted.
INDUSTRIES-PROCUREMENT CODE: Mr. F. Don Fitzgerald, 1606 Orange
Avenue, N. W., representing the Southwestern Virginia Building and
Construction Trades Council, addressed a matter which was presented to
Council in August 1990, with regard to a proposal submitted by the
Southwestern Virginia Building and Construction Trades Council con-
sisting of a pre-qualification procedure to be considered by the City
of Roanoke in its procurement process involving construction services.
He stated that he was appearing before Council once again with strong
concern about the past and present practice of construction firm: -~-
Fu,,,,;,,g wu~-k i, one Lily uF,vu,,w:"- ,;LhuuL utilizing the local area
labor workforce, advising that there are large multi-million dollar
projects under way in the City while area construction workers find
themselves unemployed.
Mr. Fitzgerald stated that in January 1991, representatives of the
Southwestern Virginia Building and Construction Trades Council called
upon Members of City Council with the same proposal, and since that
time they have received notice from various Council Members of their
desire to meet with representatives of the organization to discuss
their concerns, however, to date, such a meeting has not been held,
with the exception of a brief period of time spent with Council Member
Bowers.
158
ACTION:
Mr. Fitzgerald advised that on February 14, 1991, the Trades
Council received notice that their concerns had been directed from the
City Manager's Office to the Director of Public Works to determine if
the City of Roanoke would implement the contractors pre-qualification
proposal. He stated that with all due respect to the Director of
Public Works and his staff, Mr. Clark's authority to make and implement
any changes in the City's procurement code is questioned. He stated
that it is realized that the Members of Council have heavy schedules
and responsiblities, but it is felt that concern for the welfare of the
construction work force in the Roanoke Valley is deserving of a
response and some form of action. He added that contractor pre-
qualifications have been reviewed as favorable by other residents of
the City during ongoing presentations to various civic groups and let-
ters of a positive nature have been received from large business
leaders such as Dominion Bank and the Roanoke Academy of Medicine. He
stated that certain major construction firms have expressed a strong
desire to pursue work in the Roanoke Valley if these prerequisites are
followed.
Following discussion of the matter, Mr. Musser moved that the City
Manager, along with City staff deemed appropriate by Mr. Herbert, be
requested to meet with representatives of the Southwestern Virginia
Building and Construction Trades Council to discuss their concerns and
report to Council accordingly. The motion was seconded by Mr. Bowers
and unanimously adopted.
YOUTH-COMPLAINTS-POLICE DEPARTMENT: Mr. Rick Hendrick, President,
Lincoln Terrace Parent-Teacher Association, appeared before Council and
expressed appreciation to the Members of Council for choosing Lincoln
Terrace Elementary School as the site for the neighborhood Council
meeting. He stated that in the past, Council has been charged with the
responsibility of appointing School Board members and with funding the
needs of the schools in order to provide quality education and Lincoln
Terrace Elementary School is proud of the efforts put forth by Council.
He advised that his concern rests with the future, that with the
current unrest in the Persian Gulf, more emphasis must be placed on
education because the more our children know, the better they will be
able to cope with the changing world they are about to face. He called
~**~,,~,, ,~ .... ~m~,, a~ ...... ~. c ....... F~j~a~ runaing, and the
challenge facing Council will be to do what it can in order to keep
school programs in operation.
Ms. Mary C. Terry, Chairman, Northwest Area Concerned Citizens
Group, advised that the organization was formed because of concerns of
residents of the Lafayette Boulevard and Cove Road areas relating to
teenagers involved in trespassing on private property, dealing in ille-
gal drugs, and carrying concealed weapons, etc. She advised that a
plan of action was initiated that whenever citizens observed a large
number of young people congregating and if it was felt that they were
disturbing the peace, citizens were encouraged to call E-911. She
called attention to and expressed appreciation for a meeting which was
m
ACT I ON:
held with the Assistant City Manager and other members of the City
staff who listened to and responded to their concerns. She advised
that the organization would like to provide an atmosphere for young
people and adults that will get them off the streets and give them
something positive to do by providing activities in their own com-
munity. She stated that something has to be done about children
ranging from 10 to 13 years of age who run the streets of the neigh-
borhood until 1:00 or 2:00 a.m., in the morning, advising that it is
hoped that by June 15, when school closes for the summer, that programs
will be available in the local community so that children will have an
opportunity to participate in programs in their own neighborhood. She
stated that laws relating to youth have too many loopholes, the end
result being that young people get away with too much, advising that
stricter laws must be passed and it may be necessary to make parents
accountable for children under the age of 18 years. At the same time,
she stated that children must be taught to have respect for and show
courtesy to their elders. She advised that the programs proposed to be
developed within the community will involve parents, schools, churches
and residents, and invited the Members of Council to attend future
meetings of the Northwest Area Concerned Citizens Group to be held on
March 11 and March 25, 1991, at the Ebenezer Baptist Church, 1663
Lafayette Boulevard, N. W.
Mr. Fitzpatrick moved that the remarks of Ms. Terry be received
and filed with appreciation. The motion was seconded by Mr. Harvey and
unanimously adopted.
PETITIONS AND COMMUNICATIONS:
AIRPORT-BUDGET: A communication from Mr. W. Robert Herbert,
Chairman, Roanoke Regional Airport Commission, requesting formal appro-
val of the Commission's Fiscal Year 1991-1992 Budget and Proposed
Capital Expenditures, was before Council.
The Chairman advised that in accordance with the requirements of
the Roanoke Regional Airport Commission Act, and the Roanoke Regional
Airport Commission Contract dated January 28, 1987, he was submitting
operating and capital budget, as well as a separate listing of proposed
capital expenditures which are expected to exceed $100,000.00 and are
intended to benefit five or more future accounting periods, noting that
the Commission has been advised by bond counsel that formal approval of
the budget by resolution of each of the participating political sub-
divisions would be appropriate, along with approval of the capital
expenditure list.
(For full text, see communication and budget on file in the City
Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#30413-22591) A RESOLUTION approving the Roanoke Regional
Airport Commission budget for FY 1991-1992, upon certain terms and con-
ditions.
(For full text of Resolution, see Resolution Book No. 52, page 222.)
159
160
ACTION:
Mr. Harvey moved the adoption of Resolution No. 30413-22591. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor- 7.
NAYS: None-
O.
REPORTS OF OFFICERS:
CITY )~NAGER:
BRIEFINGS:
EMERGENCY MEDICAL SERVICES-FIRE DEPARTMENT: The City Manager
advised that last year, at budget time, Council approved the concept of
a First Responder Program, which will commence on March 1, 1991;
whereupon, he called upon the Director of Administration and Public
Safety for a briefing.
The Director of Administration and Public Safety presented a
progress report on the First Responder Program, advising that since
1984-85 the City has steadily improved its emergency medical services
delivery system and currently the City's delivery system is provided by
a partnership involving the career staff of the City and a volunteer
organization known as Roanoke Emergency Medical Services. He stated
that this partnership is viable and working well, and noted that the
Fire Department has now joined the partnership and has worked dili-
gently over the last seven months on the First Responder Program. He
further stated that during May 1990, when the City Manager briefed
Council on the Emergency Medical Services Program and the need for cer-
tain enhancements to improve service delivery, Council approved the
1991 budget and, in effect, approved the enhancements for service deli-
very, one of which is the First Responder Program. He explained that
Council also supported the approach recommended by the City Manager
with regard to first party billing, which supports the enhanced portion
of the program. He stated that the program will go on line on March 1,
and response times in the areas of the City where the First Responder
Program will function will be significantly improved. ~ ~n,~n~n~ed M:.
...........,~,,u~ ,,~:~, ~;a~a§~' vF E,~rg~n~y ~ervlces and Emergency Medical
Services; Ms. Carol Wells, of the Emergency Medical Services
Department; Mr. David Hoback, Emergency Medical Services Deputy
Coordinator; Field Emergency Medical Services Supervisors Billy Altman,
David Polk, and Tim McSherry; Fire Chief Rawleigh W. Quarles; and fire-
fighters from Station No. 11, currently certified in the program:
Captain James Southall, Lieutenant Thomas Poindexter and Firefighters
Gary LaPradd and Ronnie Cochran.
Ms. Wanda B. Reed, Manager of Emergency Services and Emergency
Medical Services, advised that last year the City's Emergency Medical
Services Advisory Committee reviewed response times statistics for the
City's pre-hospital care program and the report indicated that the
City's average response times were well within the approved performance
161
standards, with an average response time, systemwide, at 5.89 m}nutes.
She explained that response time performance standards, as adopted by
Council, require that the City respond to all advance life support
calls in less than 10 minutes for 90 per cent of the time, and that
they respond to all basic life support calls in less than 12 minutes
for 90 per cent of the time. She stated that basic life support proce-
dures include splinting of fractures and control of bleeding and
advance life support procedures require more advanced methods which
include treating cardiac arrest patients.
Ms. Reed pointed out that while the report stated that average
response time is under six minutes, it identified three areas of the
City where response time performance standards were not being met on a
consistent basis; viz: the Deyerle Road area, the Garden City area,
and the Route 460 East Corridor, advising that the rescue stations that
respond to emergency medical services requests are not geographically
located to respond to calls in these outlying areas in a timely manner.
She noted that Rescue Station No. 2 is located on Day Avenue, S. W.,
and responds to calls in the southwest and southeast areas of the City;
that Rescue Station No. 3 is located on Birchwood Avenue and responds
to calls in the northeast and portions of the northwest sections of the
City; and Rescue Station No. 4 is located on Melrose Avenue and
responds primarily to the northwest section of the City.
Ms. Reed noted that in order to reduce the response times in the
Deyerle Road area and the Garden City area, keeping in mind that the
same program will be implemented in the Route 460 area after the new
fire station is operational, a First Responder Program will go on line
in the Fire Department on March I for the Deyerle Road and Garden City
areas of the City. She explained that the purpose of the First
Responder Program is to provide prompt, pre-hospital care to citizens
in those areas of the City where response time standards are not con-
sistently being met; that basic emergency medical care will be rendered
by Fire Department personnel until the emergency medical services ambu-
lance arrives on the scene; and once the immediate medical needs of the
patient have been addressed, fire personnel will be placed back in ser-
vice and will be readily available to respond to fire incidents. She
stated that patients who will benefit the most from this program are
those that suffer from sudden cardiac arrest; that statistics show
that if CPR is aumlnisLe~-ed, ~uiiowee oy rapio uetloulation within six
minutes, the patient's chances for survival is increased by 35 per
cent.
Ms. Reed explained that the current response time for Station
No. 4 in the Deyerle Road area is 9.87 minutes and a 9.81 average
response time for the Garden City area, advising that it is anticipated
that implementation of the First Responder Program will produce a
significant reduction in response times to these areas which will be
well below the adopted performance standards. She stated that sta-
tistics indicate that Station No. 4 in the Deyerle Road area will
respond to approximately 256 requests for medical assistance and
Station No. 11 in the Garden City area will respond to approximately
504 requests for medical assistance, advising that these fire stations
162
are located in the outlying areas of the City and do not receive as
many requests for service as do those stations that are more centrally
located; therefore, it is not believed requests for emergency medical
assistance will overtax response capacities. She assured Council that
use of service time for fire apparatus will be minimized as much as
possible, but if two calls are received concurrently, one for emergency
medical services and one for fire service, fire personnel will respond
to the fire incident and the emergency medical services request will be
handled as it is currently being handled and in as fast a manner as
possible.
Ms. Reed advised that 22 firefighters have received 134 hours each
of extensive emergency mediqal services training, which includes 100
hours of classroom instruction, ten hours in hospital emergency rooms,
20 hours actually riding in an ambulance and performing skills with
career emergency medical services employees and an additional ten hours
on an automatic defibulation. She stated that the cost of implementing
the program for the first year is $54,500.00 which includes overtime
wages for training fightfighter personnel, $15,000.00 to purchase
necessary equipment and supplies, $2,600.00 for hepatitis innocula-
tions, and $6,600.00 for a stipend for firefighters.
Ms. Reed commented that a new job description has been developed
by the Fire Department requiring that all new hire firefighters be cer-
tified as emergency medical technicians within one year of their hire
date. She stated that the First Responder Program will be closely
monitored by emergency medical services staff and by the Fire
Department in order to assure quality performance and maximum service
delivery in both departments; that a user fee was implemented in July
for patients requiring transportation to a medical facility, which fee
was implemented to offset enhancements to the emergency medical ser-
vices program, and revenue estimated for fiscal year 1990-91 was anti-
cipated to be $402,500.00, with collections as of February 22, 1991, at
$326,600.00 or 81 per cent of the revenue estimate which indicates that
the revenue estimate will be met or exceeded. She stated that the
demand for this service has increased dramatically over the past five
years from 10,300 calls in 1985 to 13,500 calls in 1990, which repre-
sents a 23 per cent increase over the last five years.
Fire personnel from Station No. 11 presented a demon~tr-ticn ~
the automati~ de~!bu!:t~ k,~u,~ as Meart Start 1000.
At 8:40 p.m., the Mayor declared the meeting in recess.
At 8:50 p.m., the meeting reconvened in the Auditorium of the
Lincoln Terrace Elementary School, with Mayor Taylor presiding, and all
Members of the Council in attendance.
ITEMS RECOMMENDED FOR ACTION:
SPECIAL PERMITS-STREETS AND ALLEYS: The City Manager submitted a
written report advising that a request from Mr. Oscar Hollar, 5121
Woodbury Street, N. W., was made to the City Engineering Department to
163
m
m
ACTION:
investigate the possibility of making some type of traffic safety
improvement at the intersection of Maitland Avenue and Williamson Road,
N. W.; and in particular, Mr. Hollar suggested barricading a portion of
Maitland Avenue between Williamson Road and Woodbury Street.
It was further advised that a petition supporting Mr. Hollar's
request was signed by 48 of the residents of Woodbury Lane and
Hearthstone Road, as well as the two businesses nearest the intersec-
tion, Sovran Bank and Monticello Manor; that traffic safety is a con-
cern at said location due to limited visibility of Woodbury Avenue
motorists of vehicles turning from southbound Williamson Road to west-
bound Maitland Avenue, and the topography of the intersection creates a
less than desirable sight distance; and 15 accidents reported at the
Maitland Avenue/Woodbury Street intersection during the past four years
have occurred in the immediate vicinity of the intersection, resulting
in three personal injuries.
It was explained that traffic volume on Woodbury Street con-
sists of trips generated from 29 homes and from the exit from Sovran
Bank; that traffic volume on Maitland Avenue is approximately 2,400
vehicles per day and primarily consists of through traffic traveling
between Williamson and Airport Roads; that the proposed barricade,
which can be implemented on a trial basis, is not expected to decrease
traffic volumes, but should make the intersection safer; and if the
trial period is considered successful, the City would make application
after the six month period to permanently close the segment of Maitland
Avenue by permanent removal of the pavement.
The City Manager recommended that he be authorized to file all
necessary applications on behalf of the City of Roanoke to alter, by
closure with barricades, Maitland Avenue, N. W., between Williamson
Road and Woodbury Street for a trial period of six months with said
date of closure (by barricade) to commence from the date of installa-
tion of the proposed barricades; and if the trial period is considered
successful, the City would make application after the six month period
to permanently close this segment of Maitland Avenue by permanent remo-
val of pavement.
(For full text, see report on file in th~ n(+,,.~ C!c:-k' s G,r~ce.)--'
Mr. Bowers moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mrs. Bowles and unanimously
adopted.
BUDGET-FLOOD REDUCTION/CONTROL: The City Manager submitted a
written report advising that land acquisition is the City of Roanoke's
primary responsibility (financial and manpower) for the Roanoke River
Flood Reduction Project, and includes producing plats, obtaining inde-
pendent property valuations, making offers, preparing deeds, recording
executed deeds, and acquiring property interests, through condemnation
if necessary; that Federal environmental legislation and regulations
impose significant potential liability upon the purchaser of real pro-
perty; and to provide maximum protection against liability, the City
must make reasonable efforts to determine if each parcel has potential
environmental problems prior to purchasing.
164
ACTION:
It was further advised that environmental assessments have been
determined by the Corps of Engineers to be a project cost element as
defined in the Local Cooperative Agreement; and City staff advertised a
Request for Proposals for interested firms to conduct phased
Envirnomental Assessments, and based on initial responses to the adver-
tisement, City staff interviewed the following firms which were deemed
qualified, responsible and suitable:
Dewberry & Davis
Froehling and Robertson
Hayes, Seay, Mattern & Mattern, Inc.
Mattern and Craig, Inc.
Olver, Inc.
Schnabel and Associates
Talbot and Associates
Westinghouse Environmental and Geotechnical
Services, Inc.
It was explained that Dewberry & Davis, after ranking of qualifi-
cations, was determined to be the top ranked offeror on the basis of
professional qualifications and proposed services; that subsequent
negotiations and review by the Corps of Engineers resulted in a
contract and a scope of work for Phase I that was determined to be
acceptable by all parties; that the negotiated fee is $152,000.00 for
237 parcels of land, with additional parcels costing $800.00 each; that
observations noted by Dewberry & Davis during Phase I, which is the
record search and field visit, could result in the need for Phase II,
which is field testing, however, any Phase II environmental assessments
will require the negotiation of additional contract terms and approval
by Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#30414-22591) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
trot'- Full tm':. ~ -."~ n,d(nanc~, see Ordinance Book No. 52, pa~e. 223.)
Mr. Musser moved the adoption of Ordinance No. 30414-22591. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor-- 7.
NAYS: None--.
165
ACTION:
ACTION:
Mr. Musser offered the following Resolution:
(#30415-22591) A RESOLUTION authorizing the execution of a
contract with Dewberry & Davis to provide environmental assessment ser-
vices for the Roanoke River Flood Reduction Project.
(For full text of Resolution, see Resolution Book No. 52, page 223.)
Mr. Musser moved the adoption of Resolution No. 30415-22591. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ............. 7.
NAYS: None .............
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of January, 1991.
(For full text, see financial report on file in the City Clerk's
Office.)
Mr. White moved that the financial report be received and filed.
The motion was seconded by Mr. Harvey and unanimously adopted.
BUDGET-CITY EMPLOYEES: The Director of Finance submitted the per-
sonnel lapse for the second quarter of fiscal year 1990-1991, as
follows:
General Fund:
Total Budgeted Personnel
Lapse
First Quarter Personnel
Lapse Reduction
First Quarter Revenue
Adjustment
Net First Quarter Reduction
($597,453.00)
$284,534.00
(77,797.00)
20~.R~7.OO
Personnel Lapse Balance Remaining
after First Quarter ($390,616.00)
Recommended Second Quarter
Personnel Lapse Reduction $161,061.00
Recommended Second Quarter
Revenue Adjustment (42,828.00)
Net Second Quarter Reduction
118,233.00
Personnel Lapse Balance Remaining
after Second Quarter ($272,383.00)
166
ACTION:
*Note:
$139,713.00 still remains in the Supple-
mental Budget - Employee Compensation,
Account No. 001-002-9410-2207. This can be
used after the third quarter to reduce or
eliminate the amount of lapse remaining.
INTERNAL SERVICE FUND:
Total Budgeted Personnel Lapse
First Quarter Personnel Lapse
Reduction
($100,000.00)
70,888.00
Personnel Lapse Balance
Remaining after First
Quarter
Recommended Second Quarter
Personnel Lapse Reduction
($ 29,112.00)
45,794.00
No te:
Personnel Lapse Balance
Remaining after Second
Quarter $ 16,682.00
The positive personnel lapse balance of
$16,682.00 should be transferred to the
Internal Service Fund - Contingency Reserve,
Account No. 0D6-002-9411-2199.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#30416-22591) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Internal Service Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 224.)
Mr. Musser moved the adoption of Ordinance No. 30416-22591. The
,~Clu. wds secu.ded by mr. ~arvey and adopted by the tOllowing vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .........
NAYS: None ....... -0,
REPORTS OF COMMITTEES:
SALE/PURCHASE OF PROPERTY: Council Member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee, in connection with acquisition of a parcel
of land located at Campbell Avenue and Patterson Avenue, S. W.
167
ACTION:
A staff report advised that the property located at 712 Patterson
Avenue, S. W., was remodeled to provide office rental space; that
during the work, the property owner requested the City to replace the
existing brick sidewalk on the Campbell Avenue side of the property
with concrete curb and gutter and sidewalk to protect an old concrete
retaining wall located on the Campbell Avenue side of the easterly por-
tion of the property; that the building on the property was later
leased by the City for use by the Health Department; and upon investi-
gation and survey, it was discovered that the wall projects approxima-
tely one foot, six inches into the Campbell Avenue right-of-way at its
eastermost terminus; and after legal research, the wall was determined
to be City property.
It was further advised that the solution which was chosen as the
most cost effective consists of replacement of the end of the wall
located on a portion of Lot 51, Taylor Nap, Official Tax No. 1112822,
with a smaller wall running between Campbell and Patterson Avenues,
filling the area between the streets, and landscaping the newly created
park-like area; and an independent appraiser was hired and the property
owner was apprised of the value of the parcel and indicated that he
would decline the offer.
The Water Resources Committee reconm~nded that Council authorize
transfer of $2,000.00 from Account No. 008-052-9603-9181, to an account
to be established by the Director of Finance entitled, Campbell/
Patterson Land Acquisition, to fund property acquisition and authorize
the use of condemnation proceedings should negotiations for the
purchase not be successful.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30417-22591) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 226.)
Mrs. Bowles moved the adoption of Ordinance No. 30417-22591. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .......... 7.
NAYS: None ................. O.
168
ACTION:
Mrs. Bowles offered the following emergency Ordinance:
(#30418-22591) AN ORDINANCE authorizing the acquisition of a cer-
tain approximate 760 square foot area of real property bearing Official
Tax Number 1112822, for street preservation, construction, and main-
tenance purposes located at the intersection of Campbell Avenue and
Patterson Avenue, S. W.; authorizing the City Manager to take
appropriate action for purchase of this property; authorizing the
City's acquisition of this property by condemnation, under certain cir-
cumstances; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 226.)
Mrs. Bowles moved the adoption of Ordinance No. 30418-22591. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor--. 7.
NAYS: None ........... O.
CITY PROPERTY: Council Member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the committee with regard to continuation of the lease agreement with
Allright Roanoke Parking, Inc., on City-owned property located at the
northeast corner of the intersection of Williamson Road and Franklin
Road, S. E.
A staff report advised that initial lease of the property was by
the Norfolk & Western Railway Company to J & S Parking Company, prede-
cessor to Allright Roanoke Parking, Inc., and the term of the lease
began on April 1, 1972, to continue until cancelled by either party;
that the parcel was acquired by the City of Roanoke in 1974 as a por-
tion of a site for a future fire station; that the lease between J & S
Parking Company and Norfolk & Western Railway Company was assigned to
the City of Roanoke, effective August 1, 1974, and the lease was
amended, for a four year term beginning November 1, 1981, and ending
October 30, 1985, by Council, pursuant to Ordinance No. 25794, adopted
It was further advised that the lease was extended, for a five
year term beginning November 1, 1985, and ending October 30, 1990, by
Council, pursuant to Ordinance No. 27805, adopted on Monday, October 7,
1985, and the terms included a lease fee of 50 per cent of gross
receipts from parking fees and anticipated an estimated annual revenue
to the City of $18,40D.00; that a request to extend the lease for an
additional one year period, with the lease to continue thereafter on a
month-to-month basis unless terminated by either party with a 30 day
written notice, has been received from Allright Roanoke Parking, Inc.;
and additional lease provisions proposed by Allright Roanoke Parking,
Inc., are as follows:
169
m
ACTION:
Lease fee to be fifty-five (55) per cent of gross
receipts, which is estimated to generate $34,000.00
to $36,000.00 in annual revenue to the City.
Insurance and all other operating expenses, except
property taxes, to be paid by the lessee.
The Water Resources Committee recommended that Council authorize
the appropriate City officials to execute a lease renewal permitting
the extension of the lease of proper~v on the northeast corner of the
intersection of Williamson Road and Franklin Road, S. E., identified as
Official Tax No. 4013803, on a month to month basis unless terminated
by either party with a 30 day written notice, with said lease fee to be
55 per cent of gross receipts; and lease extension documentation will
be provided by the petitioner, subject to approval by the City
Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30419) AN ORDINANCE authorizing the appropriate City officials
to enter into a renewal of the Lease Agreement with Allright Roanoke
Parking, Inc., for premises located at the intersection of Tazewell
Avenue and Williamson Road, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 228.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
fol lowing vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ............................ 7.
NAYS: None ........ O.
SPECIAL PERMITS-STREETS AND ALLEYS: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the Committee, with regard to the continued
e~cre~ch...~e_~t of ~ ~t~,,ct,~re !~c:t~d at 41G First ~reet, S. W., into
First Street and the alley adjoining the property immediately to the
north of said structure.
A staff report advised that the structure which was constructed in
1935 is currently owned by Credit Marketing and Management Association
and is to be sold to Lingerfelt Development Corporation; and prepara-
tion of a new plat of the property was prompted by the sale, and iden-
tified encroachments into First Street, S. W., and a City alley north
of the structure.
170
ACTION:
The Water Resources Committee recommended that Council authorize
the appropriate City officials to execute a conditional permit allowing
the continued encroachment for the life of the structure located at 410
First Street, S. W., into First Street and the alley immediately north
of said structure.
(For full text, see reports on file in the City. Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30420) AN ORDINANCE granting a conditional permit for an
existing structure, encroaching over and into the right-of-way of First
Street, S. W., and a public alley, located adjacent to 410 First
Street, S. W., Official Tax No. 1012308, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 228.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ...... 7.
NAYS: None-- O.
SPECIAL PERMITS: Council Member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the Committee, with regard to a revocable permit for construction of
two brick columns into the street right-of-way in front of property
located at 2311 Broadway Avenue, S. W.
A staff report advised that the right-of-way of Broadway Avenue,
between McClanahan Avenue and Franklin Road, S. W., is 80 feet wide;
that the standard right-of-way width for the street classification is
60 feet; and the public right-of-way width between the back of the
sidewalk and private property is 14 feet and approximately 22 feet from
the edge of the pavement.
It was Fu,-Li~ur odvisea tnat a request to install two brick columns
(20" x 20" x 5'0") with lights on top has been received from the
Homeowner's Association of the Aston Condominiums; that columns will be
centered four feet into the public right-of-way, or, approximately 18
feet from the edge of the pavement; that no plans for widening Broadway
Avenue, S. W., currently exist; that provision will be made in a revo-
cable permit to require the petitioner to remove the columns should the
City so require; and no known traffic harzard will be created by
installation of the columns.
171
ACTION:
The Water Resources Committee recommended that Council authorize
the City Manager to execute a revocable permit allowing two
(20" x 20" x 5'0") brick columns, with lights, to be installed beside
the driveway of the Aston Condominiums at 2311 Broadway Avenue, S. W.,
subject to approval by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#30421) AN ORDINANCE granting a revocable license for the
construction of certain building appendages encroaching over and into
the right-of-way of Broadway Avenue, S. W., located at 2311 Broadway
Avenue, S. W., Official Tax No. 1052679, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 229.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylo~ ........... 7.
NAYS: None ............ O.
SALE/PURCHASE OF PROPERTY-CITY PROPERTY-RADIO-TELEVISION: Council
Member Elizabeth T. Bowles, Chairman of the Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
the sale of surplus City-owned property located on Westport Avenue,
S. W., at 20th Street, identified as Official Tax No. 1310901, to Cox
Cable Roanoke, Inc.
A staff report advised that the property was declared surplus to
the City's needs and authorized for sale by Council, pursuant to
Ordinance No. 30325-112690, adopted on Monday, November 26, 1990; that
a bid for purchase of Official Tax No. 1310901 was received from Cox
Cable Roanoke, Inc., in the amount of $1,250.00 on January l~ !Q9!;
and the asses~pd va!.je :f t.q= G.i$6 dcre parcel of land is $~,~00.00,
and the Department of Real Estate Valuation agrees that the $1,250.00
offer is reasonable.
The Water Resources Committee recommended that Council authorize
the sale, by quitclaim deed, of property located on Westport Avenue,
S. W., at 20th Street, identified as Official Tax No. 1310901, to Cox
Cable Roanoke, Inc., in the amount of $1,250.00, with all legal work
relating to transfer title, including plat if necessary, will be pro-
vided by the purchaser, subject to approval by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
172
ACTION:
ACTION:
(#30422) AN ORDINANCE providing for the sale of a parcel of
surplus property owned by the City and located on Westport Avenue,
S. W., at 20th Street, S. W., and bearing Official Tax No. 1310901.
(For full text of Ordinance, see Ordinance Book No. 52, page 230.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor- 7.
NAYS: None O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SPECIAL PERMITS-AMERICAN RED CROSS: Ordinance No. 30411-22591
granting to the American Red Cross, Roanoke Valley Chapter, a revocable
permit to mount certain flags on street lighting poles in the Central
Business District of the City, upon certain terms and conditions,
having previously been before the Council for its first reading on
Tuesday, February 19, 1991, read and adopted on its first reading and
laid over, was again before the body, Mr. Fitzpatrick offering the
following for its second reading and final adoption:
(#30411-22591) AN ORDINANCE granting to the American Red Cross,
Roanoke Valley Chapter, a revocable permit to mount certain flags on
street lighting poles in the Central Business District of the City,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 221.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30411-22591.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ................. 7.
NAYS: None ........... O.
ROANOKE AND BOTETOURT TELEPHONE COMPANY: Ordinance No. 30412-
22591 approving the transfer of a certain franchise for a fiber optic
telecommunication system from Roanoke & Botetourt Telephone Company to
R & B Network, Inc., upon certain terms and conditions, having pre-
viously been before the Council for its first reading on Tuesday,
February 19, 1991, read and adopted on its first reading and laid over,
was again before the body, Mr. White offering the following for its
second reading and final adoption:
ACTION:
ACTION:
ACTION:
i73
(#30412-22591) AN ORDINANCE approving the transfer of a certain
franchise for a fiber optic telecommunication system from Roanoke &
Botetourt Telephone Company to R & B Network, Inc., upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 222.)
Mr. White moved the adoption of Ordinance No. 30412-22591. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers,
Musser, White and Mayor Taylor ........
NAYS: None .......
Bowles, Fitzpatrick, Harvey,
7.
MOTIONS AND MISCELLANEOUS BUSINESS:
-0.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
MUNICIPAL AUDITOR: Vice-Mayor Musser offered the following reso-
lution appointing Robert H. Bird as Municipal Auditor:
(#30423-22591) A RESOLUTION electing and appointing Robert H.
Bird as Municipal Auditor for the City of Roanoke, effective
February 25, 1991, and ratifying the terms and conditions of employment
as Municipal Auditor offered to Mr. Bird by a certain letter.
(For full text of Resolution, see Resolution No. 52, page 227.)
Mr. Musser moved the adoption of Resolution No. 30423-22591. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers,
Musser, White and Mayor Taylor ........
NAYS: None .........
Bowles, Fitzpatrick, Harvey,
OTHER HEARINGS OF CITIZENS: NONE.
.0.
At 9:15 p.m., the Mayor declared the meeting in recess.
At 9:45 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
174
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ....... 7.
NAYS: None ........ O.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is
a vacancy on the Roanoke Neighborhood Partnership Steering Committee,
created by the resignation of Ms. Doris A. Alexander, for a term ending
November 13, 1991, and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Ms. Viola N.
Campbell.
ACTION:
There being no further nominations, Ms. Campbell was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee to
fill the unexpired term of Ms. Doris A. Alexander, resigned, ending
November 13, 1991, by the following vote:
FOR MS. CAMPBELL: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor- 7.
ZONING (BOARD OF ZONING APPEALS): The Mayor advised that there is
a vacancy on the Board of Zoning Appeals, created by the resignation of
Mr. Glynn D. Barranger, for a term ending December 31, 1992, and called
for nominations to fill the vacancy.
Mr. Fitzpatrick placed ~n nomination the name of Mr. Robert R.
Copty.
There being no further nominations, Mr. Copty was elected as a
member of the Board of Zoning Appeals to fill the unexpired term of Mr.
Glynn D. Barranger, resigned, ending December 31, 1992, by the
following vote:
ACTION: FOR MR. COPTY: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ............ 7.
There being no further business, the Mayor declared the meeting
adjourned at 9:50 p.m.
ATTEST:
C~ty Clerk
APPROVED
Mayor
175
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 4, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 4, 1991, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, .R.e~)ular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., James G. Harvey,
II, Howard E. Musser, William White, Sr., David A. Bowers, Elizabeth T. Bowles
and Mayor Noel C. Taylor .......... 7.
ABSENT: None .......... .0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Art Hearne,
Pastor, Lakeside Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
-.~:,.~,v,, :u a request for an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and co~nittees appointed by Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, December 10, 1990; the special meeting of Council held on
Tuesday, December 11, 1990; and the regular meeting of Council held on
Monday, December 17, 1990, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the reading of the minutes be dispensed
with and that the minutes be approved as recorded. The motion was
seconded by Mr. Harvey and adopted by the following vote:
176
ACTION:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ................................. 7.
NAYS: None ............
O.
VIRGINIA TECH~DOWNTOWN TRADE AND CONVENTION CENTER/HOTEL ROANOKE:
A report of the City Manager with regard to concerns expressed by the
Southwestern Virginia Building and Construction Trades Council relating
to the biddin9 process to be used for expansion and renovation of The
Hotel Roanoke, was before Council.
The City Manager advised that at the regular meeting of Council on
Monday, August 27, 1990, Council received comments from Mr. F. Don
Fitzgerald, representing the Southwestern Virginia Building and
Construction Trades Council, regarding a concern that the developer of
The Hotel Roanoke project may opt to use a "selective bidding" process
versus an open competitive bidding process, and Council referred Mr.
Fitzgerald's con~nents to the City Manager.
It was further advised that the only agreement approved thus far
between the City, the Virginia Tech Real Estate Foundation, Inc., and
Virginia Polytechnic Institute and State University specifies or sets
forth the terms and conditions under which the parties would construct
and operate a conference center; and after several reviews of Mr.
Fitzgerald's correspondence, it appears that construction of the
Conference Center may have been confused with the proposed renovation
of The Hotel Roanoke, which are two separate projects.
It was explained that inasmuch as the agreement which Council
approved regarding the Conference Center does not cover the renovation
of The Hotel Roanoke, the bidding procedures by which Virginia Tech
Real Estate Foundation, Inc., Virginia Polytechnic Institute and State
University, and/or a private developer procure the services to renovate
the hotel is yet to be determined, and, as abovenoted, is outside of
the scope of the only agreement which Council has approved to date.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report be received and filed. The
m~tJnn ~ CCCGGJ6G by i~r. harvey anO aooptea oy tne ~oi~ow~ng vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowl es and Mayor Tayl or ............ 7.
NAYS: None .............
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (Al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
17'7
m
ACTION:
ACTION:
ACTION:
Mr. Fitzpatrick moved that Council concur in the request of the
Mayor to convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (A) (1),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ............ 7.
NAYS: None
O#
BUDGET-REFUSE COLLECTION: A communication from Mr. Jeffrey A.
Cromer, Manager, Solid Waste Disposal, transmitting the budget summary
and revenue projections as approved by the Roanoke Valley Regional
Solid Waste Management Board for fiscal year 1991-92, and advising of
an increase in tipping fees for local governments from $19.00 per ton
to $20.00 per ton and for private/commmercial haulers from $23.00 per
ton to $25.00 per ton, effective July 1, 1991, was before Council.
It was explained that the rate increase is necessary to provide
sufficient funds to close the existing regional landfill according to
new solid waste regulations, provide funds for post-closure care after
the facility closes and for development costs for Phase I of disposal
Area A, was before Council.
(For full text, see communication, budget summary and revenue projec-
tions on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the communication, budget summary and
revenue projections be received and filed. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ...... 7.
NAYS: None ....................................
PENDING LIST: A list of items pending from July 10, 1978, through
February Zb, 1~1, was befur-e Cuu,c;l.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the pending list be received and filed.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ............. 7.
NAYS: None ............ O.
1¥8
ACTION:
MUNICIPAL AUDITOR: A report of qualification of Mr. Robert H.
Bird as Municipal Auditor for the City of Roanoke, for a term com-
mencing February 25, 1991, and ending September 30, 1992, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ........ -7.
NAYS: None
.0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PETITIONS AND COMMUNICATIONS:
NONE.
SCHOOLS: Council at its regular meeting on Monday, February 4,
1991, having requested certain additional information in connection
with a communication from the Roanoke City School Board that Council
approve a State Literary Fund loan application, in the amount of $2.5
million, representing the cost of modernizing Forest Park Elementary
School, said loan to be repaid by the schools over 20 years at four per
cent interest, with the first debt service payment of $225,000.00 sche-
duled for 1993-94, the matter was again before the body.
A communication from Mr. Richard L. Kelley, Clerk of the School
Board and Executive for Business Affairs, transmitting a fact sheet
addressing questions raised by Council at its meeting on February 4,
was also before the body.
(For full text, see communication and fact sheet on file in the City
Clerk's Office.)
Th~ D!rcctOF uf rlnance submitted a written report advising that
the communication under date of January 24, 1991, from the School Board
requesting Council's approval of a State Literary Fund loan application
in the amount of $2.5 million for modernizing Forest Park Elementary
School is just an application; and when and if the application is
approved, Council will have to seriously review acceptance of the loan
pending the financial condition of the City at that time; whereupon he
recommended approval of the request. '
(For full text, see report on file in the City Clerk's Office.)
179
ACTION:
ACTION:
Mrs. Bowles offered the following Resolution:
(#30424-30491) A RESOLUTION authorizing the School Board for the
City of Roanoke to make application for a loan from the State Literary
Fund for improvements to Forest Park Elementary School.
(For full text of Resolution, see Resolution Book No. 52, page 230.)
Mrs. Bowles moved the adoption of Resolution No. 30424-30491. The
motion was seconded by Mr. Fitzpatrick.
Mr. White referred to the total school renovation plan and
inquired about the approximate enrollment decline from 1986 when the
plan was adopted to the present; whereupon, Mr. Kelley advised that in
1986, enrollment in Roanoke City Schools was approximately 14,300 stu-
dents and as of this fall, enrollment was approximately 12,800, or a
decline of approximately 1500 students; however, most of the enrollment
decline came about in the middle and high school grade levels and it
was found that enrollment in the elementary grades (K-5) from 1986 to
1990, basically, has remained the same at approximately 6500 students.
Mr. White pointed out that the original school renovation plans
were developed in 1985 and 1986 and, in addition to enrollment decline,
there have been numerous changes throughout the City; whereupon, he
requested that the School Administration, in concert with the City
Administration, submit a joint report to Council and to the School
Board relative to the three schools proposed to be renovated after
Forest Park Elementary School renovations have been completed to deter-
mine if there remains a need to renovate said facilities as elementary
schools.
Following a discussion of the information submitted by Mr. Kelley,
Resolution No. 30424-30491 was adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ......... 7.
NAYS: None .........
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HUMAN RESOURCES: The City Manager submitted a written
report advising that day care for children of parents who are mandated
to seek employment while receiving financial assistance for dependent
children or food stamps is arranged and paid for by the Department of
Social Services; that parents must participate in job search or career
exploration if they do not become employed; that employed parents are
eligible for day care on a sliding fee scale up to 12 months after they
ACTION:
are no longer eligible for a money payment from Social Services; that
parents whose earnings make them ineligible for financial assistance
through the Aid to Dependent Children Program, but who still have day
care needs, are eligible through the Federal Jobs Program; that the
State Department of Social Services is committed to reimburse 90 per
cent of day care costs; and the cost was underestimated in fiscal year
1990-91 by $150,000.00, with the following factors contributing to the
deficit:
Number of children served increased from 317 in
February, 1990, to 453 in February, 1991, because
the Federal Jobs bill mandates more recipients for
dob Training and Employment.
Federal Jobs Bill established a new program called
Transitional Day Care.
Families who are targeted by the new Jobs Bill are
families who have children age three and older,
which require more hours per day of day care.
It was further advised that the Auxiliary Grant Program for resi-
dents of Homes for Adults will be under-utilized in fiscal year 1990-91
by $75,000.00 because projected growth for fiscal year 1990-91 was
based on previous years experience, that growth has not materialized,
and the number of eligible cases has decreased from 300 to 275.
The City Manager recommended that Council authorize the transfer
of $75,000.00 from Auxiliary Grant Program, Account No. 001-054-5313-
3120, and increase Expenditure Accounts by $75,000.00 as follows:
$40,000.00 to Day Care Services, Account No. 001-054-5314-3159,
$110,000.00 to Day Care Services, Account No. 001-054-5316-3159; and
increase the revenue estimate of funds received from the State
Department of Social Services Account No. 001-020-1234-0683, by
$135,000.00 and decrease Revenue Account No. 001-020-1234-0670 by
$60,000.00.
(For full text, see report on file in the City Clerk's Office.)
Gr. uowers offered the following emergency budget Ordinance:
(#30425-30491) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 231.)
Mr. Bowers moved the adoption of Ordinance No. 30425-30491. The
motion was seconded by Mr. Musser and adopted by the following vote:
181
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ............................ 7.
NAYS: None
BUDGET-HUMAN RESOURCES-EQUIPMENT: The City Manager submitted a
written report advising that on December 17, 1990, Council designated
funding in the Capital Maintenance and Equipment Replacement Program to
allow for replacement of a vehicle in the Social Services Department;
and bids were requested from ten vendors currently listed on the City's
bid list, with the following two bid responses having been received:
Magic City Motor Corp. -
Dominion Car Company -
$14,318.00
$15,816.28
It was further advised that a unit which meets the City's specifi-
cations is available under the existing state contract, through Capital
Truck Center, Richmond, Virginia, for a total cost of $12,993.00; and
the City of Roanoke, a public body in the Commonwealth of Virginia, is
authorized under Section 2.1-454.1, of the Code of Virginia (1950), as
amended, to purchase through the State system.
The City Manager recommended that Council authorize the transfer
of $12,993.00 from General Fund Contingency - Replacement of Fixed
Assets, Account No. 001-002-9410-2202, to Social Services, Account No.
001-0§4-5314-9010, to provide funds for the purchase of one new seven
passenger mini-van from Capital Truck Center; and reject all other bids
received.
(For full .text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30426-30491) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 231.)
mr. Fitzpatrick moved the adoption of Ordinance No. 30426-30491.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowles
and Mayor Taylor ............ 6.
NAYS: None .................
(Council Member Bowers abstained from voting.)
BUDGET-POLICE DEPARTMENT-COMMONWEALTH'S ATTORNEY: The City
Manager submitted a written report advising' that Congress amended
21 USC. Section 881, el-4, October, 1986, which authorized the transfer
of certain federally forfeited property to state and local law enforce-
ment agencies that participated in the investigation and seizure of the
property; and an application for an equitable share of property seized
by local law enforcement must be made to the U. S. Department of
Justice and certified by the City Attorney as to the appropriate agency
and representative to receive the property and said transfer is not
prohibited by state and local law.
It was further advised that the property, including funds shared
with state and local agencies, may be used only for the purpose stated
in the application, i.e., narcotics investigations related to law
enforcement; that the agency requesting the transfer of property agrees
to pay fees and expenses necessary to effect the transfer; and at the
regular meeting of Council on Monday, January 4, 1988, Council
authorized the Director of Finance to establish grant fund accounts
from which funds may be dispersed in accordance with the provisions of
the program.
It was explained that the Police Department receives additional
funds periodically from the Federal Government's asset sharing program;
that revenues collected to date for the grant are $306,563.30 which
.have been deposited in Grant Account No. 035-035-1234-7060; that
current revenue estimate is $267,109.00; and funding received in excess
of the revenue estimate, in the amount of $39,454.30, needs to be
appropriated.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#30427-30491) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 232.)
Mr. Harvey moved the adoption of Ordinance No. 30427-30491. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ....... .7.
NAYS: None
.0.
BUDGET-EQUIPMENT-PARKS AND PLAYGROUNDS: The City Manager sub-
mitted a written report concurring in a report of a bid committee with
regard to a new street sweeper for the Street Maintenance Department.
183
ACTION:
ACTION:
The bid committee recommended that Council accept the lowest
responsible bid submitted by J. W. Burress, Inc., in the total amount
of $68,700.00; authorize the transfer of $68,700.00 from the General
Fund Contingency for Replacement of Fixed Assets, Account No. 001-002-
9410-2202, to Grounds Maintenance, Account No. 001-050-4340-9015; and
reject all other bids received by the City.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30428-30491) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 233.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30428-30491.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor--- 7.
NAYS: None- . ........O.
Mr. Fitzpatrick offered the following Resolution:
(#30429-30491) A RESOLUTION accepting the bid of J. W. Burress,
Inc., made to the City for furnishing and delivering one new street
sweeper in accordance with City of Roanoke specifications, as set forth
in its request for quotations dated January 28, 1991; and rejecting all
other bids made to the City.
(For full text of Resolution, see Resolution Book No. 52, page 234.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30429-30491.
The motion was seconded by Mr. Musser and adopted by the followina
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor--- 7.
NAYS: None
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
m
184
ACTION:
ACTION:
CITY PROPERTY: Ordinance No. 30419-30491 authorizing appropriate
City officials to enter into a renewal of the Lease Agreement with
Allright Roanoke Parking, Inc., for premises located at the intersec-
tion of Tazewell Avenue and Williamson Road, S. E., Official Tax No.
4013803, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, February 25, 1991,
read and adopted on its first reading and laid over, was again before
the body, Mrs. Bowles offering the following for its second reading and
final adoption:
(#30419-30491) AN ORDINANCE authorizing the appropriate City
officials to enter into a renewal of the Lease Agreement with Allright
Roanoke Parking, Inc., for premises located at the intersection of
Tazewell Avenue and Williamson Road, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 228.)
Mrs. Bowles moved the adoption of Ordinance No. 30419-30491. The
motion was seconded by Mr. Fitzpatrick and adopted by the followin§
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ............ .-7.
NAYS: None
CITY PROPERTY-STREETS AND ALLEYS: Ordinance No. 30420-30491
granting a conditional permit for an existing structure, owned by
Credit Marketing and Management Association, encroaching over and into
the right-of-way of First Street, S. W., and a public alley, located
adjacent to 410 First Street, identified as Official Tax No. 1012308,
upon certain terms and conditions, as more fully described in a report
of the Water Resources Co~nittee under date of February 25, 1991,
having previously been before the Council for its first reading on
Monday, February 25, 1991, read and adopted on its first reading and
laid over, was again before the body, Mr. Musser offering the following
for its second reading and final adoption:
(#30420-30491) AN ORDINANCE granting a conditional permit for an
:^,~ .... ~ o~,~.~, ~,iC,'Oa~h;ny over an~ into the right-of-way of First
Street, S. W., and a public alley, located adjacent to 410 First
Street, S. W., Official Tax No. 1012308, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 228.)
Mr. Musser moved the adoption of Ordinance No. 30420-30491. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ....... --7.
NAYS: None .......... .0. ~
185
ACTION:
ACTION:
CITY PROPERTY: Ordinance No. 30421-30491 9ranting a revocable
license for the construction of two brick columns encroaching into the
right-of-way of Broadway Avenue, S. W., located at 2311 Broadway
Avenue, S. W., identified as Official Tax No. 1052679, owned by Aston
Condominium Homeowners' Association, Inc., upon certain terms and con-
ditions, as more fully described in a report of the Water Resources
Committee under date of February 25, 1991, having previously been
before the Council for its first reading on Monday, February 25, 1991,
read and adopted on its first reading and laid over, was again before
the body, Mr. White offering the following for its second reading and
final adoption:
(#30421-30491) AN ORDINANCE granting revocable license for the
construction of certain building appendages encroaching over and into
the right-of-way of Broadway Avenue, S. W., located at 2311 Broadway
Avenue, S. W., Official Tax No. 1052679, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 229.)
Mr. White moved the adoption of Ordinance No. 30421-30491. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ............. 7.
NAYS: None
SALE/PURCHASE OF PROPERTY-CITY PROPERTY-RADIO/TELEVISION:
Ordinance No. 30422-30491 providing for the sale of a parcel of surplus
property owned by the City and located on Westport Avenue, S. W., at
20th Street, identified as Official Tax No. 1310g01, to Cox Cable
Roanoke for the consideration of $1,250.00, having previously been
before the Council for its first reading on Monday, February 25, 1991,
read and adopted on its first reading and laid over, was again before
the body, Mrs. Bowles offering the following for its second reading and
final adoption:
(#30422-30491) AN ORDINANCE providing for the saiu ut c ~rr~l nf
surplus property owned by the City and located on Westport Avenue,
S. W., at 20th Street, S. W., and bearing Official Tax No. 1310901.
(For full text of Ordinance, see Ordinance Book No. 52, page 230.)
Mrs. Bowles moved the adoption of Ordinance No. 30422-30491. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor .................. 7.
NAYS: None .................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
186
ACTION:
ACTION:
ACTION:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
POLICE DEPARTMENT-COMPLAINTS: Council Member Fitzpatrick referred
to an article which appeared in the Sunday, March 3, 1991, edition of
the Roanoke Times & World-News with regard to carnage that continues to
exist-in nort~Wes~ Roanoke, specifically Lansdowne Park, Hurt Park,
Lincoln Terrace and other areas of northwest Roanoke.
Mr. Fitzpatrick requested that the matter be referred to the City
Manager for report to Council providing more detailed information as to
what is happening in the area, along with an indication as to the
feasibility of establishing a police precinct in what is considered to
be the highest crime area of the City, and whether or not such action
would have an impact on existing problems.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:40 p.m., the Mayor declared the meeting in recess.
At 4:05 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ..........
NAYS: None
0
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that the
three year term of Ms. A. Lorraine Johnson as a member of the Roanoke
Neighborhood Partnership Steering Committee expired on November 14,
1990, and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Ms. A. Lorraine
Johnson.
There being no further nominations, Ms. Johnson was reelected as a
member of the Roanoke Neighborhood Partnership Steering Committee for a
term ending November 14, 1993, by the following vote:
FOR MS. JOHNSON: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ........ -°--7.
187
There being no further business, the Mayor declared the meeting
adjourned at 4:10 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
188
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 11, 1991
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 11, 1991, at 7:30 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended.
PRESENT: Council Members James G. Harvey, II, William White, Sr.,
David A. Bowers, Beverly T. Fitzpatrick, Jr., and Vice-Mayor Howard E.
Musser ...................... 5.
ABSENT: Council Member Elizabeth T. Bowles and Mayor Noel C.
Tayl or ............ 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Harold S. Moyer,
Pastor, Williamson Road Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Musser.
CELEBRATIONS: The Vice-Mayor called attention to plans which are
currently underway for a Victory Day Parade to be held on Monday,
May 27, 1991, which is the day that will be observed as Memorial Day,
in honor of returning service men and women from the Persian Gulf.
BID OPENINGS:
uKtDGES: Pursuant to notice of advertisement for bids for rehabi-
litation of Old Mountain Road Bridge over Tinker Creek, said bids to be
received by the City Clerk until 4:30 p.m., on Monday, March 11, 1991,
and to be held, opened and read before the Council at 7:30 p.m., on
that date, or as soon thereafter as the matter may be heard, the Mayor
asked if anyone had any questions about the advertisement for bids, and
no representative present raising any question, the Mayor instructed
the City Clerk to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
189
ACTION:
BIDDER
BASE BID BID ALT.
Lanford Brothers
Company, Inc.
Robertson Construction
Company, Inc.
Southwestern Virginia
Development Corp.
$ 8~,053.00 $112,047.00
122,499.00 300,000.00
166,100.00 NO BID
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
to Council. The motion was seconded by Mr. Fitzpatrick and adopted.
The Vice-Mayor appointed Messrs. William White, Sr., Chairman,
William F. Clark and Kit B. Kiser as members of the committee.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, March 11, 1991, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Roanoke
Memorial Hospitals that all of Weller Lane, S. E. (formerly known as
Lake Street), all of Park Road lying east of Jefferson Street, and a
portion of Belleview Avenue, between Jefferson Street and Hamilton
Terrace, be permanently vacated, discontinued and closed, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
February 22, 1991, and Friday, March 1, 1991.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council
approve the request, subject to the following conditions, was before
the body.
that the applicant submit to the City for review,
approval and recordation a plat of subdivision pro-
viding for the proper realignment and/or disposi-
tion of land within the vacated streets;
that the applicant submit a comprehensive plan of
development to the City for review and approval
providing for the proposed expansion of its facili-
ties and private street construction; and
190
ACTION:
that if the above conditions have not been met
within a period of 12 months from the date of
adoption of any ordinance providing for the subject
closures, said ordinance shall thereafter become
null and void with no further action by Council
being necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas T. Palmer, Attorney, appeared before Council in support
of the request of his client.
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#30430) AN ORDINANCE permanently vacating, discontinuing and
closing certain public rights-of-way in the City of Roanoke, Virginia,
as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 237.)
The motion was seconded by Mr. Fitzpatrick.
The Vice-Mayor inquired if there were persons present who would
like to address Council with regard to the request for street closures.
There being none, Ordinance No. 30430 was adopted, on its first
reading, by the following vote:
AYES: Council Members Harvey, White, Bowers, Fitzpatrick and
Vice-Mayor Musser ........ .5.
NAYS: None ........
(Mayor Taylor and Council Member Bowles were absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, March 11, 1991, at 7:30 p.m., or as soon thereafter
Nos t t ts of a lying south of Weller Lane, S. E.,
(formerly known as Lake Street) and Park Road and south of the center-
line of the old Mill Mountain Tramway, consisting of Official Tax
Nos. 4060504, 4060301 and a portion of 4060502, and all streets lying
within said tracts be rezoned from RS-3, Residential Single Family
District, to C-1, Office District, subject to certain conditions prof-
fered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
February 22, 1991, and Friday, March 1, 1991.
(See publisher's affidavit on file in the City Clerk's Office.)
191
m
ACTION:
A report of the City Planning Commission advising that the purpose
of the request for rezoning is to bring the existing property into con-
formance with adjoining commercially zoned property and to provide for
expansion of an existing heating plant facility and construction of an
approximate 300,000 square foot hospital addition, with a parking deck
consisting of approximately 58 spaces, was before Council.
The Planning Commission recommended that Council approve the
request for rezoning, advising that the rezoning would place an
existing nonconforming use and building (heating plant) into a con-
forming zoning status and would allow for the proposed expansion of the
facility, as well as the construction of a hospital addition and
parking deck. It was advised that the proposed rezoning addressed one
of the recommended strategies of the comprehensive plan in that the
continued development of health services and facilities are to be pro-
moted and encouraged for not only economic reasons, but for enhancement
of the quality of life to all residents within the Roanoke Valley and
the surrounding region.
(For full text, see report on file in the City Clerk's Office.)
Mr. Thomas T. Palmer, Attorney, appeared before Council in support
of the request of his client.
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#30431) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 406, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 52, page 238.)
The motion was seconded by Mr. Harvey.
The Vice-Mayor inquired if there were persons present who would
like to address Council with regard ,to the request for rezoning.
There being none. Ord~n~.".CC ,~;G ............ ~-~, O,-, , ~ , ,, ~
read;,,9, by the following vote:
AYES: Council Members Harvey, White, Bowers, Fitzpatrick and
Vice-Mayor Musser- 5.
NAYS: None
De
(Mayor Taylor and Council Member Bowles were absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, March 11, 1991, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of ProTrek, Inc., a
192
ACTZON:
Virginia Corporation, that property located at 1629 Hanover Avenue,
N. W., identified as Official Tax No. 2220208, be rezoned from ~M-1,
Residential Multi-Family, Low Density District, to RM-2, Residential
Multi-Family, Medium Density District, subject to certain conditions
proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
February 22, 1991, and Friday, March 1', 1991.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning is to provide for the renovation and con-
version of an existing, older single family structure into four apart-
merit units, with the existing detached accessory building being
converted into an apartment unit, was before Council.
The Planning Commission recommended that Council approve the
request for rezoning with the additional proffers to address the
parking and area to the rear of the site, as well as the structural
alterations to the front of the older single family structure, advising
that the proposed rezoning addresses several objectives as set forth in
the comprehensive plan inasmuch as it would provide an alternative
housing choice in an established neighborhood through preservation,
renovation and adaptive reuse of older residential structures charac-
teristic of the neighborhood and the community.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the following Ordinance be placed upon its
first reading:
(#30432) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 222, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 52, page 239.)
The motion was seconded by Mr. Fitzpatrick.
The Vice-Mayor inquired if there were persons present who would
like to address Council with regard to the request for rezoning.
There being none, Ordinance No. 30432 was adopted, on its first
reading, by the following vote:
AYES: Council Members Harvey, White, Bowers, Fitzpatrick and
Vice-Mayor Musser ........ .--5.
NAYS: None
Oe
(Mayor Taylor and Council Member Bowles were absent.)
193
ACTION:
ACTION:
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session to discuss
personnel matters relating to vacancies on various authorities, boards,
commissions and committees appointed by Council.
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss personnel matters relatin9
to vacancies on various authorities, boards, commissions and con~ittees
appointed by Council, pursuant to Section 2.1-344 IA) (1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the request of the
Vice-Mayor to convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344
Code of Virginia 11950), as amended. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Fitzpatrick and
Vice-Mayor Musser ................ 5.
NAYS: None ................ O.
(Mayor Taylor and Council Member Bowles were absent.)
LEGISLATION: A communication from Council Member David A. Bowers,
Chairman of the Legislative Committee, transmitting copies of
correspondence forwarded to Senator J. Granger Macfarlane, and
Delegates C. Richard Cranwell, A. Victor Thomas and Clifton A. Woodrum,
III, expressing appreciation for their work in the General Assembly,
and specifically expressing appreciation to Senator Macfarlane and
Deleaate~ Thnm~e ~n~ ~-'--J
............ ,u,., ,ur- ~nelr assistance in helping ~ne
Legislative Committee and the City Attorney with a successful wrap-up
of the many items which were on the City's 1991 legislative agenda, was
before Council.
(For full text, see communication and correspondence on file in the
City Clerk's Office.)
Mr. Fitzpatrick moved that the communication and correspondence be
received and filed. The motion was seconded by Mr. Harvey and adopted
by the following vote:
194
ACTION:
ACTION:
ACTION:
AYES: Council Members Harvey, White, Bowers, Fitzpatrick and
Vice-Mayor Musser ............................... 5.
NAYS: None
Oe
(Mayor Taylor and Council Member Bowles were absent.)
TRAFFIC (CITY OF ROANOKE TRANSPORTATION SAFETY COMMISSION): A
communication from Mr. Ronald M. Sharp tendering his resignation as a
member of the City of Roanoke Transportation Safety Commission, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the resignation be accepted with regret
and that the communication be received and filed. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Fitzpatrick and
Vice-Mayor Musser ........... 5.
NAYS: None
(Mayor Taylor and Council Member Bowles were absent.)
ZONING (BOARD OF ZONING APPEALS): A report of qualification of
Mr. Robert R. Copty as a member of the Board of Zoning Appeals to fill
the unexpired term of Mr. Glynn D. Barranger, resigned, ending
December 31, lg92, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Harvey, White, Bowers, Fitzpatrick and
Vice-Mayor Musser ................. 5.
NAYS: None ............ O.
(Mayor Taylor and Council Member Bowles were absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Mr. Ronald H. Miller as a member of the Roanoke Neighborhood
Partnership Steering Committee for a term ending November 14, 1991, was
before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mr. Harvey and adopted by the
fol lowing vote:
195
ACTION:
AYES: Council Members Harvey, White, Bowers, Fitzpatrick and
Vice-Mayor Musser-- - ........ 5.
NAYS: None
(Mayor Taylor and Council Member Bowles were absent.)
AIR POLLUTION CONTROL: A report of qualification of Mr. Robert C.
Hudson as a member of the Advisory and Appeal Board, Air Pollution
Control, for a term ending December 31, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Harvey, White, Bowers, Fitzpatrick and
Vice-Mayor Musser .... 5.
NAYS: None
(Mayor Taylor and Council Member Bowles were absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
TRAFFIC-CIRCUIT COURT-COMPLAINTS-STATE HIGHWAYS: A petition sub-
mitted by Mr. Jonathan M. Rogers, Co-President, and Mr. James M.
Ellison, Co-President, Greater Deyerle Neighborhood Association,
requesting that Council ratify a "consensus agreement" reached with the
City Administration and the City Manager in February, 1990, and con-
tained in a report of the City Manager to Council under date of
March 5, 1990, with regard to traffic control measures designed to pre-
serve the natural beauty and rural atmosphere of the Deyerle neigh-
borhood and the location of the Peters Creek Road Extension nrniArf.
was betore Council.
(For full text, see petition on file in the City Clerk's Office.)
The Vice-Mayor advised that inasmuch as the matter was in litiga-
tion, Council Members were not at liberty to enter into dialogue;
however, five persons had registered to speak and Council would be
pleased to hear the remarks of those individuals, as well as any other
persons who wished to be heard. The Chair requested that each person
limit their remarks to five minutes.
Mr. Rogers advised that the Peters Creek Road project had reached
a "vertical impasse" because of strong neighborhood opposition to the
proposed locations of the terminus of said extension; that accordingly,
at the suggestion and invitation of City staff, a conflict resolution
196
mediation process was initiated involving the Greater Deyerle
Neighborhood Association, the City of Roanoke and the Virginia
Department of Transportation; and after month long negotiations, the
Greater Deyerle Neighborhood Association reluctantly agreed to cease
its opposition to the Peters Creek Road Extension once it was agreed by
City representatives that traffic measures would be implemented.
Mr. Rogers further advised that participants in the mediation pro-
cess were Assistant Attorney General James D. Phillips, representing
the Virginia Department of Transportaiton, and Ms. Susan Yoder, a faci-
litator hired by the Virginia Department of Transportation, both of
whom have no doubt that the City Manager, the City's highest admini-
strative officer, accepted and agreed to the traffic measures that were
to be instituted immediately, and in fact, there was considerable
discussion of same with Council on March 5, 1990.
Mr. Rogers explained that in reliance on the agreements, the
Greater Deyerle Neighborhood Association ceased its opposition to the
Peters Creek Road Extension; thereby sacrificing significant constitu-
tional rights, and allowed Council to unanimously approve said exten-
sion although the Association knew that this was a road still in search
of an appropriate terminus, that was unneeded and to be constructed at
great public expense with little merit.
Mr. Rogers pointed that on or about June 11, 1990, the City
Traffic Engineer implemented the majority of the "agreed upon" traffic
restrictions; that subsequent thereto, the City Manager unilaterally
decided to remove one of the more important signs and restrictions pro-
mised pursuant to the consensus agreement, and did so on December 14.
1990, over the state objections of the Greater Deyerle Neighborhood
Association; that subsequent to the City Manager's action, a Bill of
Complaint for Injunctive Relief was filed with the Circuit Court
requesting the Court to order the City Manager to reinstate the sign;
and the City Manager, in response to the Bill of Complaint for
Injunctive Relief, filed a sworn answer which said, among other things
that "no agreement between the parties exists."
Mr. Rogers advised that at a hearing for preliminary injunction,
the Circuit Court directed that no further hear(,g~ be entertein,~ hv
tho .... n.,,.+. -..""+~'~., ~-~,,~ G,:d~er ueyerle Neighborhood Association petitione~
City Council to ratify the agreement reached with the City in March,
1990 and presented to Council at its meeting on Monday, March 5, 1990.
Mr. Rogers explained that although the Greater Deyerle
Neighborhood Association was under the impression that Council had
ratified the agreement, the City Attorney has agreed that the Council
did not do so since no written resolution indicates that it did, and
accordingly, the Greater Deyerle Neighborhood Association now requests
that Council ratify the agreement reached with the City of Roanoke.
Mr. Rogers presented copy of an article written by Assistant
Attorney General James D. Phillips which appeared in the American Bar
Journal entitled, "ADR Transportation: Mediating Peace at the Battle
'of Peters Creek", as well as an article which appeared in the Viroinia
Dispute Resolution entitled, "Mediation Confidentiality and the Freedom
197
of Information Act in Virginia". He also presented copy of a petition
signed by 262 persons from the Deyerle-Mudlick-Grandin area requesting
that Council honor the provisions of the consensus agreement regarding
Peters Creek Road Extension traffic mitigation measures, and that the
measures be carried out and not ignored or changed by the City Manager
without initiating a process within the neighborhood to seek mutually
agreeable solutions.
(For full text, see articles and petition on file in the City Clerk's
Office.)
Ms. Danielle M. Rand, 1801 Prospect Road, S. W., Past President of
the Greater Deyerle Neighborhood Association, advised that she was
appalled and angry that as one of the founders and past presidents of
the Greater Deyerle Neighborhood Association, she spent four years
dedicated to verifiable traffic concerns and hazards. She stated that
the organization was naive to think that it would actually have a
voice in the matter, advising that the attitude of the City
Administration is to "shut up and sit down" and when the neighborhood
did not obey, they were pictured as radicals or crazed people obsessed
with only their own well-being in mind. She stated her outrage when
she hears City administrators say that the neighborhood is nothing but
"spoiled brats" when in fact, it is made up of a hard working, tax-
paying group of families who have devoted countless hours working out
of care and commitment for what they believe in. She pointed out that
promises made during mediation have not been honored. She stated that
approximately two years ago, when a proffered condition to rezoning was
not honored, she stood before Council and asked who was in charge,
advising that she stood before Council again this evening asking that
same question. She commented that patriotism has been aroused in 1991,
along with a renewed appreciation for democracy and asked when will
democracy, trust in another man's word, come to Roanoke. She stated
that she was tired of being discounted and being the victim of a dys-
functional system, and requested that Council bring truth, honor and
justice to the City in government for the people and by the people.
Mr. Richard H. Meagher, 3612 Keagy Road, S. W., advised that an
administration, whether it be in a city, business, or industry, is
rated as very good or excellent if all of its citizen~ f~l that it is
truthful- ~ ct~t~ t~t th~ CiLy Adm~nlstration, working with repre-
sentatives and a number of citizens from the area, developed a plan
that was uniformly agreed upon by both citizens and the City
Administration. He added that the plan should be agreed upon by all
parties, and if there is to be a change, it should be mutually agreed
upon and should not be changed unilaterally.
Mr. Paul F. Glassbrenner, 5221 Medmont Circle, S. W., advised that
he was somewhat disappointed and embarrassed for the City because of
the less than honorable circumstances that forced members of the neigh-
borhood association to be present this evening. He stated that the
City approached the Greater Deyerle Neighborhood Association and
requested that they meet with City representatives to resolve a problem
198
ACTION:
with Peters Creek Road. He further stated that they met with the City
and worked out their differences and reached an agreement in a document
containing ten specific points. He pointed out that there is now oppo-
sition to the traffic control measures that were agreed upon; that
residents of the area were concerned about the 20,000 to 30,000 cars
that would be traveling Peters Creek Road everyday, most of which would
be traveling through their neighborhood; that streets in the neigh-
borhood are narrow two-laned roads that cannot handle major traffic;
and some of the traffic control measures may not have been convenient
to the general pub)ic, but they were designed to minimize traffic
impact throughout the neighborhood. He advised that it is interesting
to note that there are no police reports of accidents, congestion, or
school bus driver complaints as a result of the newly instituted traf-
fic pattern. He stated that in December, 1990, Council was presented
with a petition containing over 300 signatures of persons requesting
that the "No Left Turn" sign be removed, advising that after reviewing
the petition, it was found that a large portion of the signatures were
by individuals who reside in Roanoke County or in the Salem area. He
pointed out that the traffic control measures are minor because they
can be worked out; however, residents were appearing before Council
because of the principle of the matter inasmuch as they negotiated in
good faith with officials of the City of Roanoke and it is hoped that
Council will ratify the concensus agreement that was reached last year.
Mr. William J. Rand, 3634 Colonial Avenue, S. W., advised that the
neighborhood was presented with the mediation or conflict resolution
process and there was considerable discussion during the process about
trust. He stated that the citizens arrived at a concensus which was
not what everyone wanted but they agreed not to oppose it; that resi-
dents of the area were of the opinion that they had an agreement; that
the matter has been to court; and it has now been stated that there was
no agreement and the whole process was merely part of the comments
gathered on the Peters Creek Road project. He stated that if there was
an agreement, Council is now being asked to ratify it, and if there was
not an agreement, can there ever be an agreement. He further stated
that he believes there was an agreement and the citizens who partici-
pated believe there was an agreement and they have requested further
direction from the Circuit Court.
Nu o~ner citizens wishing to be heard, Mr. Bowers offered the
following Resolution:
(#30433-31191) A RESOLUTION responding to a certain petition pre-
sented to City Council at its meeting of March 11, 1991.
(For full text of Resolution, see Resolution Book No. 52, page 234.)
Mr. Bowers moved the adoption of Resolution No. 30433-31191. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
199
ACTION:
AYES: Council Members Harvey, White, Bowers, Fitzpatrick and
Vice-Mayor Musser ................................... 5.
NAYS: None ................. O.
(Mayor Taylor and Council Member Bowles were absent.)
Inasmuch as he had not been furnished with a copy of the above-
stated Resolution, Mr. Rogers requested that it be read in its
entirety rather than by title paragraph; whereupon, the Vice-Mayor
instructed the City Clerk to read the measure in its entirety.
Following the reading of the Resolution, there were persons in the
audience who wished to address Council; whereupon, Mr. Bowers moved
that Council reconsider its action on Resolution No. 30433-31191.
The motion failed for lack of a second.
The Chair then called upon the following individuals who wished to
be heard.
Mr. Kenneth Russell, 3435 Valentine Road, S. W., advised that he
made a positive decision to purchase a home in the City of Roanoke
because he thought the City was a nice place to live and now that he
has lived in Roanoke City, he is wondering if he made the right choice.
He stated that Council is allowing the City Manager to arbitrarily
break an agreement without discussing it with the citizens of the
neighborhood.
Ms. Lacy Carter, 3562 Mudlick Road, S. W., advised that when resi-
dents met with the City Administration and when the Greater Deyerle
Neighborhood Association agreed to drop its opposition to the Peters
Creek Road project, it was done for two reasons; viz: (1) residents
sincerely believed that they had an agreement that would protect and
maintain the character of their neighborhood in the future, and (2)
residents believed that there are times when one not only has to think
about one's own neighborhood, but the common good of the City of
Roanoke, and if the Peters Creek Road Extension is what should be done
for the common good of the Citv an, if the:, .e~ghbornooa woulo be pro.-
t~ctcd, reci~c~ta t,-ieu to think of the common good of the City and not
just of themselves. She suggested to the citizens of Roanoke that if
they cannot trust City officials when they make an agreement, citizens
should realize that it is not just the Greater Deyerle neighborhood
that is in jeopardy, but the entire citizemT of Roanoke City.
Ms. Karen Tyree, 3804 Amber Way Circle, S. W., advised that she
was told by the City Engineer that she must go through the Greater
Deyerle Neighborhood Association in order to have certain concerns
addressed, and inquired as to why Council would delegate that kind of
authority to a neighborhood association.
m!
200
Mr. Rogers advised that citizens were present because they filed a
suit in the Circuit Court over a single sign. He stated that residents
want the sign reinstalled and they were told by the Circuit Court to
petition Council, but now Council seems to be dodging the issue by
saying that while the matter is in litigation, citizens cannot appear
before Council. He explained that residents are asking Council to
ratify the agreement, advising that if Council really cares about its
word, it should unvote the Peters Creek Road Extension project, remove
all of the signs and place the area back the way it was so that resi-
dents can join with Mr. Bowers in opposing a road that still does not
make sense, less so today than ever before when resources of the state
are so scarce.
The Vice-Mayor reiterated his earlier remarks, advising that he
did not state that residents did not have a right to appear before
Council; however, he did state that Council Members would not enter
into dialogue inasmuch as the matter is presently in litigation.
At 8:35 p.m., the Vice-Mayor declared the meeting in recess.
At 8:50 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all Members of the Council in atten-
dance, with the exception of Mayor Taylor and Council Member Bowles.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOmmENDED FOR ACTION:
BUDGET-TAXES-HOUSING-PARKING GARAGE: The City Manager submitted a
written report advising that an agreement was made and entered into
between the City of Roanoke and the Roanoke Redevelopment and Housing
Authority for construction of a parking garage at 25 Church Avenue,
S. E., under date of December 19, 1990, with an estimated budget of
$5,300,000.00.
It was further advised that Council ap?~w~, in the 2:cem~er 19,
19~U agreement, to provide as a local share, an amount equal to the
total amount of the Housing Authority's payment in lieu of taxes for
the fiscal years beginning October 1, 1988, 1989 and 1990 and ending on
September 20 during the same periods; that $239,726.00 has been
received from the Housing Authority for fiscal years 1988-89
($125,798.36) and 1989-90 ($113,927.84), Account No. 001-020-1234-0858;
and it is estimated that $115,000.00 will be received from the Housing
Authority for payment in lieu of taxes for fiscal year 1990-91.
The City Manager recommended that Council take the following
actions:
201
establish a revenue estimate and appropriate the
payments in lieu of taxes totaling $239,726.00
received from the Housing Authority in the General
Fund and transfer to the Capital Projects Fund;
authorize the Director of Finance to establish an
account entitled, Downtown East Parking Garage, in
the Capital Projects Fund;
establish an accounts receivable in the Capital
Projects Fund for payment in lieu of taxes from the
Housing Authority for fiscal year 1990-91, in the
amount of $115,000.00 (estimated); and
appropriate said funds to the Downtown East Parking
Garage account, for a total appropriation of
$354,726.00.
ACTION:
(For full text, see report on file in the City Clerk's Office.]
Mr. White offered the following emergency budget Ordinance:
(#30434-31191) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Capital Projects Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 235.)
Mr. White moved the adoption of Ordinance No. 30434-31191. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Harvey, White, Bowers, Fitzpatrick and
Vice-Mayor Musser ........ 5.
NAYS: None
(Mayor Taylor and Council Member Bowles were absent.)
BUDGET-BRIDGES-~n~!ILTA~TS' RCPGRi~: The City Manager submitted a
written report advising that bridge inspections reports are required by
law on 64 structures in the City of Roanoke this year; that consultant
services are provided by Hayes, Seay, Mattern & Mattern, Inc., and
Mattern & Craig, Inc., for the 1990 Inspections Reports; that Council
was advised of an emergency procurement, pursuant to conanunication
under date of January 15, 1991; that Bridge No. 8012, Old Mountain
Road, N. E., over Tinker Creek is in need of immediate attention; and
during the annual inspection, Hayes, Seay, Mattern & Mattern, Inc.,
found the bridge to be in a much greater deteriorated condition as com-
pared to last year.
202
ACTION:
ACTION:
It was explained that emergency negotiations were conducted and an
agreement was made with Hayes, Seay, Mattern & Mattern, Inc., to pro-
vide plans for a permanent (for the life of the bridge) solution; that
design time was four weeks from the verbal notice-to-proceed which was
issued on January 15, 1991, with the scope of work to include design
plans, construction cost estimate, estimated duration of construction,
and shop drawing review and consultation during construction.
As a result of the emergency situation, the City Manager advised
that pursuant to Section 41 of the City Charter, Hayes, Seay, Mattern &
Mattern was authorized to perform the design work.
The City Manager recommended that Council ratify and authorize
execution of a professional services contract, subject to approval by
the City Attorney, with Hayes, Seay, Mattern & Mattern, Inc., with a
cost not to exceed $15,900.00; authorize transfer of $15,900.00 from
Account No. 001-002-9410-2199, General Fund Contingency; and authorize
the Director of Finance to establish a new account to be entitled, Old
Mountain Road Bridge Repairs ~ Engineering.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30435-31191) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Capital Projects Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 235.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30435-31191.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Harvey, White, Bowers, Fitzpatrick and
Vice-Mayor Musser .......................................... 5.
NAYS: None
(Mayor Taylor and Council Member Bowles were absent.)
h~r. Fitzpatrick offered ~he ~ollowin9 Resolution:
(#30436-31191) A RESOLUTION ratifying an agreement with Hayes,
Seay, Mattern & Mattern, Inc., to provide certain architectural and
engineering services, specifically the design plans, specifications and
contract administration for the emergency repair of the Old Mountain
Road Bridge.
(For full text of Resolution, see Resolution Book No. 52, page 236.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30436-31191.
The motion was seconded by Mr. White and adopted by the following vote:
203
m
AYES: Council Members Harvey, White, Bowers, Fitzpatrick and
Vice-Mayor Musser- . ......... 5.
NAYS: None-
(Mayor Taylor and Council Member Bowles were absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE VICE-MAYOR AND MEMBERS OF
COUNCIL:
ACTS OF ACKNOWLEDGEMENT-CIVIC CENTER: Council Member Fitzpatrick
requested that the City Attorney be instructed to prepare the proper
measure expressing appreciation to 1991 Metro Basketball Tournament
officials, city employees, and others who participated in Metro
Tournament planning and coordination.
OTHER HEARINGS OF CITIZENS: NONE.
At 8:55 p.m., the Vice-Mayor declared the meeting in recess.
At 9:15 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all Members of the Council in atten-
dance, with the exception of Mayor Taylor and Council Member Bowles.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. ~ltzpa~rick o,,u ~ .... ~ -. _
AYES: Council Members Harvey, White, Bowers, Fitzpatrick and
Vice-Mayor Musser ...................... 5.
NAYS: None
(Mayor Taylor and Council Member Bowles were absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Vice-Mayor advised that
there is a vacancy on the Roanoke Neighborhood Partnership Steering
Committee, created by the resignation of Ms. A. Catherine Womack, for a
term ending November 11, 1992, and called for nominations to fill the
vacancy.
204
ACTION:
ACTION:
ACTION:
Mr. White placed in nomination the name of Mr. Melvin C. Anderson,
Jr.
There being no further nominations, Mr. Anderson was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee to
fill the unexpired term of Ms. A. Catherine Womack, resigned, ending
November 11, 1992, by the following vote:
FOR MR. ANDERSON: Council Members Harvey, White, Bowers,
Fitzpatrick and Vice-Mayor Musser ............. 5.
(Mayor Taylor and Council Member Bowles were absent.)
PENSIONS: The Vice-Mayor advised that there is a vacancy on the
Board of Trustees, City of Roanoke Pension Plan, created by the ine-
ligibility of Mr. Richard B. Sarver to serve another term, inasmuch as
the position rotates between a member of the Fire Department and a
member of the Police Department, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of Mr. Ronald E.
Carl i sl e.
There being no further nominations, Mr. Carlisle was elected as a
member of the City of Roanoke Pension Plan for a term ending June 30,
1992, by the following vote:
FOR MR. CARLISLE: Council Members Harvey, White, Bowers,
Fitzpatrick and Vice-Mayor Musser .......................... 5.
(Mayor Taylor and Council Member Bowles were absent.)
HOUSING (FAIR HOUSING BOARD): The Vice-Mayor advised that the
three year terms of Ms. Veron E. Holland, Mr. Paul C. Dress and Mr.
G. David Nixon as members of the Fair Housing Board will expire on
March 31, 1991, and called for nominations to fill the vacancies.
Mr. Fitzpatrick placed in nomination the names of Ms. Veron E.
Holland and Mr. Paul C. Dress.
There being no further nominations, Ms. Holland and Mr. Dress were
reelected as members of the Fair Housing Board for terms of three
years, each, ending March 31, 1994, by the following vote:
FOR MS. HOLLAND AND MR. DRESS: Council Members Harvey, White,
Bowers, Fitzpatrick and Vice-Mayor Musser ............................ 5.
(Mayor Taylor and Council Member Bowles were absent.)
205
There being no further business, the Mayor declared the meeting
adjourned at 9:20 p.m.
APPROVED
City Clerk
Mayor
206
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 18, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 18, 1991, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Howard E. Musser, William White, Sr.,
David A. Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., James G.
Harvey, II, and Mayor Noel C. Taylor ............... 7.
ABSENT: None
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend William L. Lee,
Pastor, Loudon Avenue Christian Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CITIZEN OF THE YEAR: On behalf of the Members of City Council,
the Mayor advised that he was pleased to announce Roanoke's 1990
Citizen of the Year, Mrs. Florine Thornhill.
The Mayor advised that Mrs. Thornhill has served on numerous civic
organizations such as the United Way, Total Action Against Poverty,
Roanoke Neighborhood Partnership Steering Committee, and she was
responsible for spearheading over six projects to the credit of her
neighborhood oraan~7~H~n ...............
she ~as been active in her church, the Loudon Avenue Christian Church,
where her church commitment grew into a vision and a commitment to the
total communi ry.
Mayor Taylor explained that in 1980, Mrs. Thornhill and a group of
Gilmer residents concerned about the signs of urban decay that they
saw in their neighborhood formed the Northwest Neighborhood Environ-
mental Organization, Inc., which is a non-profit organization to
improve the quality of life in the neighborhood by working to improve
neighborhood appearance, crime prevention and safety, and providing
housing for low/moderate income persons.
2O7
I1
The Mayor advised that through Mrs. Thornhill's vision and
insight, the Northwest Neighborhood Environmental Organization was one
of the first four pilot neighborhoods to work with the Roanoke
Neighborhood Partnership; and due in large measure to the efforts of
Mrs. Thornhill, her vision and determination, families are returning to
the Gilmer neighborhood to safe and affordable housing.
In closing, Mayor Taylor stated that what is truly special about
Mrs. Thornhill is her spiritual approach to problem solving; that she
gives without expecting to receive; that she is blessed with the vision
to see what is possible and the ability to act in order to achieve her
vision; and through Mrs. Thornhill's gentleness and determination resi-
dents, City staff and the private sector stand willing and able to
assist her. But most of all, Mayor Taylor pointed out that Mrs.
Thornhill is thankful for everything that is achieved and to everyone
who commits to making a difference, and she is truly committed to
serving her community in a quality way.
The Mayor then unveiled the Citizen of the Year plaque which con-
tains a photograph of Mrs. Thornhill, along with a plate containing the
following inscription, "Florine L. Thornhill -- 1990 Citizen of the
Year".
Mayor Taylor presented Mrs. Thornhill with a plaque and a Key to
the City which is the highest honor bestowed on an individual by the
City of Roanoke.
BID OPENINGS:
STREETS AND ALLEYS-FLOOD REDUCTION/CONTROL: Pursuant to notice of
advertisement for bids for improvements to Peters Creek Channel from
1900 Meadowbrook Road to Peachtree Drive, N. W., said bids., to be
received by the City Clerk until 1:30 p.m., on Monday, March 18,' 1991,
and to be held, opened and read before the Council at 2:00 P.m., on
that date, or as soon thereafter as the matter may be heard, the Mayor
asked if anyone had any questions about the advertisement for bids, and
no representative present raising any question, the Mayor instructed
the City Clerk to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Branch Highways, Inc.
Joe Bandy & Son, Inc.
Rockbridge Excavating, Inc.
W. T..Milan & Sons, Inc.
Robertson-Fowler Company
Aaron J. Conner General
Contractor, Inc.
H. T. Bowling, Inc.
Allegheny Construction Company,
Inc.
$15,000.00
31,900.00
34,494.00
35,760.00
56,000.00
63,290.00
65,000.00
86,980.00
208
ACTION:
ACTION:
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Fir. Fitzpatrick and unanimously
adopted.
The Mayor appointed Messrs. William White, Sr., Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called attention to
two requests for Executive Sessions to discuss specific legal matters
requiring the provision of legal advice by counsel, being the terms and
conditions of a proposed Landfill Facility Agreement; and personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, January 7, 1991, Monday, January 14, 1991, Tuesday, January 22,
1991, and Monday, January 28, 1991, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that the reading of the minutes be dispensed
with and that the minutes be approved as recorded. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ....................... 7.
NAYS: None ........ O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss specific legal matters requiring the provision of
legal advice by counsel, being the terms and conditions of , n~n~os~d
LandFill FaciliLy Agree,~.L, pursudnc To ~ectlon 2.1-344 (A) (~), Code
of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss specific legal mat-
ters requiring the provision of legal advice by counsel, being the
terms and conditions of a proposed Landfill Facility Agreement, pur-
suant to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
ao9-1
!1
I
ACTION:
ACTION:
AYES: Council Members Husser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor .... · ......... 7.
NAYS: None
Oe
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Ms. Viola N. Campbell as a member of the Roanoke Neighborhood Partner-
ship Steering Committee to fill the unexpired term of Ms. Doris A.
Alexander, resigned, ending November 13, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor-- · ............ 7.
NAYS: None---
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia {1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ............. ,7.
NAYS: None. . ........... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
210
ACTION:
ITEMS RECOMMENDED FOR ACTION:
GRANTS-CITY MARKET: The City Manager submitted a written report
advising that Council approved a short-term, low-interest Community
Development Block Grant loan, in the amount of $962,000.00, to Downtown
Associates, pursuant to Ordinance No. 28850, adopted on November 2,
1987 for the Market Building; that the loan was intended to promote the
creation and retention of jobs in the City Market Building; that when
originally granted, 'the loan assured the retention of 51 jobs; that
there are 87 jobs provided within the Market Building, with 21 - 23
more anticipated; and the City has received three per cent interest per
year for three years or $94,408.00.
It was further advised that Council extended the original two-year
loan by one additional year, pursuant to Ordinance No. 29824, adopted
on November 13, 1989; that Council extended the loan by 60 days, pur-
suant to Ordinance No. 30311-111990, adopted on November lg, 1990, with
a due date of January 21, 1991; that Council extended the loan again by
60 days, pursuant to Ordinance No. 30357-10791, adopted on January 7,
1991, with a due date of March 21, 1991; that Downtown Associates and
other loan applicants have requested an extension of time to allow for
requested information to City staff; that the City's CDBG budget has
the capacity to loan only $1,000,000.00 on a short-term basis, there-
fore, all loan requests cannot be satisfied; that Downtown Associates
is seeking the assistance of a consultant to recon~end improvements
which will increase leased space in the Market Building; and City staff
will evaluate each proposal to make a reconmmndation to Council,
however, additional time is needed.
The City Manager recommended that he be authorized to execute an
amendment to the agreement among the City of Roanoke, Downtown
Associates, and Dominion Bank N.A., extending to Downtown Associates a
loan of $962,000.00, at three per cent interest per year for 60 addi-
tional days beyond the current due date of March 21, 1991, secured by a
note and an unconditional and irrevocable letter of credit issued by
Dominion Bank, with the closing of the loan extension to occur no later
than 5:00 p.m. on March 21, 1991.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered th~ fnllowing emergency Ordinance:
(#30437-31891) AN ORDINANCE authorizing execution of Amendment
No. 4 to Short Term CDBG Float Loan Agreement, as amended by Amendment
Nos. 1, 2 and 3 with Downtown Associates and Dominion Bank, in order to
provide for the extension of the term of the loan, upon certain terms
and conditions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 239.)
Mr. Harvey moved the adoption of Ordinance No. 30437-31891. The
motion was seconded by Mr. Musser and adopted by the following vote:
211
AYES: Council Members Musser, White, Bowers, Bowles and
Harvey ...................................................... 5.
NAYS: None
(Mayor Taylor abstained from voting inasmuch as he serves on the Board
of Directors of Dominion Bank.)
(Council Member Fitzpatrick abstained from voting inasmuch as he is an
employee of Dominion Bank.)
GRANTS-HOUSING: The City Manager submitted a written report
advising that $220,000.00 from the Virginia Housing Partnership Fund's
Single Family Rehabilitation and Energy Conservation Loan Program, and
$240,000.00 in Com~nunity Development Block Grant (CDBG) funds were
allocated to the Home Purchase Assistance Program by Council on
June 26, 1989, allowing the City to provide loans to low-moderate
income households agreeing to buy and repair certain identified
substandard houses; that the Program is administered jointly by the
City and the Roanoke Redevelopment and Housing Authority (RRHA), as
outlined in the City's contract for services with the Housing
Authority; and Program design is as follows:
State Department of Housing and Community Develop-
ment and Virginia Housing Development Authority
jointly administer the Single Family Rehabilitation
and Energy Conservation Loan Program. Virginia
Housing Development Authority provides loan appro-
val and servicing for $20,000.00 maximum rehabili-
tation loan/grants available to qualifying low-
moderate income households at four per cent
interest with 15 year terms.
City provides CDBG loans for purchase, closing
costs and additional property rehabilitation
(beyond Virginia Housing Development Authority's
$20,000.00 maximum if needed) at four per cent
interest with 10 - 15 year terms, which loans are
approved by the City.
Roanoke Redevelopment and Housing AUthOrity
sees the rehabilitation repairs to the properties.
It was further advised that the Home Purchase Assistance Program
Selection Committee, which is composed of both the Housing Authority
and City staff, reconm~nds approval of a CDBG loan not to exceed
$22,000.00 to Ms. Deborah Ann Turner, a qualifying low-moderate income
household, for the purchase and rehabilitation ($12,000.00 purchase
price, $8,000.00 rehabilitation financing, $50D.00 attorney's fees and
212
ACTION:
$1,500.00 closing costs) located at 1433 Gladstone Avenue, S. E.,
Official Tax Nos. 4230307 and 4230308, subject to approval of
$20,000.00 in rehabilitation financing from the State; and the City
executed a real estate option agreement with the property owner, pur-
suant to Ordinance No. 29973-31990, adopted by Council on March 19,
1990, thereby holding an assignable option on the property, which
option expired on July 6, 1990.
The City Manager recommended that Council approve execution of a
new real estate option a§reement on property located at 1433 Gladstone
Avenue, S. E.; approve assignment of a new option to Ms. Deborah Ann
Turner and a CDBG loan not to exceed $22,000.00 to Ms. Turner for
purchase and rehabilitation of the property under the Home Purchase
Assistance Program; and authorize the City Mana§er to execute documents
to be approved as to form by the City Attorney necessary to assign the
option and implement and administer the loan, including the Construc-
tion Disbursement Agreement. It was advised that upon payment or full
satisfaction of the debt secured by the Deed of Trust and delivery of
the cancelled Deed of Trust Note to the person or persons by whom it
was paid, the City Manager will execute a Certificate of Satisfaction
and the City Attorney shall file such Certificate of Satisfaction in
the Office of the Clerk of the Circuit Court of the City of Roanoke;
and a note evidencing said loan and the Deed of Trust naming Messrs.
Joel M. Schlanger and Wilburn C. Dibling, Jr., as Trustees, securing
the loan shall be subject to approval as to form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#30438-31891) AN ORDINANCE approving the loan of Con~nunity
Development Block Grant (CDBG) funds to an individual in connection
with the City's Home Purchase Assistance Program, authorizing the City
Manager to execute documents providing for the assignment of certain
options to that individual, authorizing the City Manager to execute
documents approved as to form by the City Attorney necessary to imple-
ment and administer the loans, including a Construction Disbursement
Agreement, authorizing the City Attorney and Director of Finance to
serve as trustees with regard to the related deed of trust securing the
notes toP ~,~ iOaG, ~u~, ........ ~ ..... ,~ ~,,~,- so execute a cer-
tificate of satisfaction upon full payment and satisfaction of the
loans, and authorizing recordation by the City Attorney of the cer-
tificate of satisfaction in the Office of the Clerk of the Circuit
Court for the City of Roanoke; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 240.)
Mr. Musser moved the adoption of Ordinance No. 30438-31891. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ....................................... 7.
NAYS: None .......... O.
213
PARKING GARAGE: The City Manager submitted a written report
advising that transportation related facilities owned by the City and
Greater Roanoke Transit Company (GRTC), which budgets are currently
reviewed by Council and the GRTC Board of Directors are as follows:
GRTC subsidy from the General Fund is provided by
Council as part of each fiscal year budget process.
This subsidy is the net amount after deducting
operatin§ income, Campbell Court income, State and
Federal subsidies, and after sharing ATE Management
and Service Company, Inc. lATE) management fee with
the Market Square Garage and the Williamson Road
Garage.
Market Square Garage - Managed by GRTC with rates
established by the GRTC Board of Directors. Net
revenue is paid to the General Fund.
Williamson Road Garage - Managed by GRTC with rates
established by the GRTC Board of Directors. Net
revenue is paid to the General Fund.
m
Municipal Parking Garage (Church Avenue) - Managed
for the City by Allrtght Roanoke Parking Company.
Rates are established by Council.
as an operating department,
building maintenance and debt
programmed in other cost centers.
do not pay for all expenses.
currently pays for debt service.
Budget is set up
with insurance,
service expenses
Parking revenues
General Fund
Two surface lots - Currently operated by Allright
Roanoke Parking Company on a month-to-month basis.
All revenues are net revenues and are currently
deposited into the General Fund.
It was further advised that new transportation related facilities
under contract to be operated by the City are the Tower Garage and the
Downtown East Garage, located beside Fire Station No. 1; that State and
Federal operating subsidy for GRTC is expected to d~r~-:~___ ~-... ~'---'..o~,
year 1992; that the current re~tr:ct between GRTC and ATE for Valley
Metro, market Square Garage and Williamson Road Garage management ser-
vices will expire in March, 1994; that it will be necessary to adver-
tise for said management services in late 1993 in order to have a
management contract in place beginning in March, 1994; that the likely
scenario is that the City will first bid the management and operation
of the parking facilities, with GRTC authorizing its General Manager to
bid on the structure; and GRTC would then bid management and operating
services for mass transit and any parking facilities it will operate on
behalf of the City.
214
It was explained that the Tower Garage and the Downtown East
Garage are proposed to be operated under a management contract to be
advertised in the near future; that the proposed contract would
provide management services until March, 1994 at which time management
services for all transportation related facilities would be advertised;
that it is anticipated that GRTC will give authority to its General
Manager to bid on the anticipated operation of the two garages; and
the Transportation Enterprise Fund is proposed to be established as a
part of the fiscal year 1992 budget presentation to account for all of
the facilities into one fund, with each having its own cost center to
include debt service, insurance, and maintenance, and would be reviewed
and approved by Council as a part of the fiscal year 1992 budget appro-
val process.
It was further explained that the Tower Garage is projected to be
operational in October, 1991; that rates for the structure, as well as
for the Downtown East Garage (to be opened approximately one year
later) are to be established by the Roanoke Redevelopment and Housing
Authority and Council, and are dependent on rates being charged at
other garages; and fiscal year 1992 parking rates for the three
existing parking structures need to be established now for budget
planning purposes and to set criteria for establishment of the Tower
Garage parking rates.
The City Manager advised that the prelease agreement with 111
Franklin Road Joint Venture provides 250 spaces in the Williamson Road
Garage for ten years; that the agreement further provides that 111
Franklin Road will pay fair market value, but not more than $55.00/
month/space beginning July 1, 1996; and small annual increases have
been Council's stated preferred policy for dealing with parking rate
adjustments rather than infrequent large increases.
The City Manager recon~nended that Council approve the following
actions:
establishment of a Transportation Enterprise Fund
as a part of the fiscal year 1992 budget delibera-
tion;
advertisement for management services to operate
and manaqe the twn -~ ~'~'
.......... ,~,:~ between now and
March, 1994;
establishment of the following parking
schedules, effective July 1, 1991:
rate
Municipal Parking Garage Church Avenue:
Proposed Current Change
MonthJy $44.00
Each~hr. or
portion thereof .80
$42.00 $2.00
.75 .05
2]_5
m
ACTION:
Maximum per 24
hours 3.00
After 5:00 p.m. week-
days & Saturday Free
3.00 0
Free 0
Williamson Road Garage:
Monthly $42.50
$40.00 $2.50
Market Square Parkin9 GaraQe:
Monthly $50.00 $48.00 $2.00
One Hour .75 .50 .25
Two Hours 1.50 1.00 .50
Three Hours 2.25 1.50 .75
Four Hours 3.25 2.50 .75
Five Hours and longer 4.25 3.50 .75
After 6:00 p.m. to
closing 1.50 1.00 .50
After 9:00 p.m. to
closing without
attendant Free .50 { .50)
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#30439~31891) AN ORDINANCE providing for an adjustment of the
fees charged at the Municipal Parking Garage, the Williamson Road
Parking Garage and the Market Square Parking Garage; and providing for
an emergency,
(For full text of Ordinance, see Ordinance Book No. 52, page 241.)
Mr, Fitzpatrick moved the adoption of Ordinance No. 30439-31891.
The motion was seconded by Mrs, Bowles and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ..................................... 7.
NAYS: None--- O.
FLOOD REDUCTION/CONTROL-CONSULTANTS' REPORTS: The City Manager
submitted a written report advising that utility location is one of the
City of Roanoke's primary responsibilities (financial and manpower) for
the Roanoke River Flood Reduction Project, which includes producing
plans, acquiring necessary easements and administering the actual relo-
cation of utilities in conflict with the Roanoke River Flood Reduction
Project; and utility relocations have been determined to be required by
review of the Project General Design Memorandum.
216
A~IIUN:
It was further advised that City staff advertised a request for
proposals from interested firms to design the City owned utility relo-
cations; and based on initial responses to the advertisement, a staff
committee interviewed the following firms which were deemed fully
qualified, responsible and suitable:
Hayes, Seay, Mattern & Mattern, Inc.
Mattern & Craig, Inc.
Lumsden Associates, P.C.
T. P. Parker & Son
Spectrum Engineering
It was explained that Hayes, Seay, Mattern & Mattern, Inc., after
ranking of qualifications, was determined by the committee to be the
top ranked offeror on the basis of professional qualifications and pro-
posed services; that subsequent negotiations resulted in a contract and
a scope of work for Phase I (Preliminary Design) that was determined to
be acceptable by all parties, with a negotiated fee in the amount of
$58,200.00; that Phase I (Preliminary Design) will involve iden-
tification of limits of needed relocations, determination of quan-
tities, development of design concept planning, etc.; and Phase II
(Plans and Specification Design) contract will be presented to Council
for recommended approval after negotiations once Phase I is complete.
The City Manager recommended that he be authorized to execute an
appropriate contract with Hayes, Seay, Mattern & Mattern, Inc., for
Phase I of the utility relocation, subject to approval by the City
Attorney, in the amount of $58,200.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30440-31891) A RESOLUTION authorizing the execution of a
contract with Hayes, Seay, Mattern & Mattern, Inc., to provide engi-
neering services in connection with utility relocation for the Roanoke
River Flood Reduction Project,
(For full text of Resolution, see Resolution Book No. 52, page 242.)
Nr. Fitzpatrick moveo the aOop~lon of Kesolutlon No. 3U440-31891.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor .................................. 7.
NAYS: None
REPORTS OF COMMITTEES:
217
m
ACTION:
ACTION:
BUDGET-BRIDGES: Council Member William White, Sr., Chairman of
a committee appointed by the Mayor to tabulate bids received for
repairs to Old Mountain Road Bridge, presented a written report on
behalf of the con~nittee, recommending that Council authorize the City
Manager to enter into a contractual agreement, subject to approval by
the City Attorney, with Lanford Brothers Company, Inc., according to
contract documents as prepared by Hayes, Seay, Mattern & Mattern, Inc.,
in the amount of $112,047.00; and establish a contingency, in the
amount of $22,953.00, with 90 consecutive calendar days for completion.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(Forfull text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30441~31891) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Capital Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 243.)
Mr. White moved the adoption of Ordinance No. 30441-31891. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ....... 7.
NAYS: None .... ' ........O.
Mr. White offered the following emergency Ordinance:
(#30442-31891) AN ORDINANCE accepting the bid of Lanford Brothers
Company, Inc., for repairs to the Old Mountain Road Bridge, upon cer-
tain terms and conditions, and awarding a contract therefore;
authorizing the appropriate City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for
the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 243.)
Mr. White moved the adoption of Ordinance No. 30442-31891. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ............................... 7.
NAYS: None
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
218
ACTION:
ACTION:
STREETS AND ALLEYS: Ordinance No. 30430-31891 permanently
vacating, discontinuing and closing all of Weller Lane, S. E.,
(formerly known as Lake Street) all of Park Road lying east of
Jefferson Street, and a portion of Belleview Avenue, between Jefferson
Street and Hamilton Terrace, having previously been before the Council
for its first reading on Monday, March 11, 1991, read and adopted on
its first reading and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final adoption:
(#30430-31891) AN ORDINANCE permanently vacating, discontinuing
and closing certain public rights-of-way in the City of Roanoke,
Virginia, as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 237.)
Mr. Bowers moved the adoption of Ordinance No. 30430-31891. The
motion was seconded by Mr. Harvey and adopted by the fo]lowing vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ......... 7.
NAYS: None
De
ZONING: Ordinance No. 30431-31891 rezoning two tracts of land
lying south of Weller Lane, S. E., (formerly known as Lake Street) and
Park Road and south of the centerline of the old Mill Mountain Tramway,
consisting of Official Tax Nos. 4060504, 4060301 and a portion of
4060502, and all streets lying within said tracts, from RS-3,
Residential Single Family District, to C-1, Office District, subject to
certain conditions proffered by the petitioner, having previously been
before the Council for its first reading on Monday, March 11, 1991,
read and adopted on its first reading and laid over, was again before
the body, Mr. Bowers offering the following for its second reading and
final adoption:
(#30431~31891) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 406, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the petitioner.
Mr. Bowers moved the adoption of Ordinance No. 30431-31891. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor .................... ~ ...... 7.
NAYS: None
Oe
ACTION:
ACTION:
o~
219
ZONING: Ordinance No. 30432-31891 rezontng property located at
1629 Hanover Avenue, N. W., identified as Official Tax No. 2220208,
from RM-1, Residential Multi-Family, Low Density District, to RM-2,
Residential Multi-Family, Medium Density District, subject to certain
conditions proffered by the petitioner, having previously been before
the Council for its first reading on Monday, March 11, 1991, read and
adopted on its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adoption:
(#30432-31891) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 222, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the petitioner.
{For full text of Ordinance, see Ordinance Book No. 52, page 239.)
Mrs. Bowles moved the adoption of Ordinance No. 30432-31891. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ........ 7.
NAYS: None .............. O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO~tENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:45 p.m., the Mayor declared the meeting in recess.
At 4:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. White moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles, Fitzpatrick,
Harvey and Mayor Taylor ............... 7.
NAYS: None
22O
HOUSING (ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY): The Mayor
advised that there is a vacancy on the City of Roanoke Redevelopment
and Housing Authority, created by the resignation of Dr. Wendell H.
Butler, for a term ending August 31, 1992, and called for nominations
to fill the vacancy.
Mrs. Bowles placed in nomination the name of Ms. Carolyn M.
Johnson.
ACTION:
There being no further nominations, Ms. Johnson was elected as a
Commissioner of the Roanoke Redevelopment and Housing Authority to fill
the unexpired term of Dr. Wendell H. Butler, resigned, ending
August 31, 1992, by the following vote:
FOR MS. JOHNSON: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick, Harvey and Mayor Taylor ............... 7.
HOUSING (FAIR HOUSING BOARD): The Mayor advised that the three
year term of Mr. G. David Nixon as a member of the Fair Housing Board
will expire on March 31, 1991, and called for nominations to fill the
vacancy.
ACTION:
Mr. Harvey placed in nomination the name of Mr. G. David Nixon.
There being no further nominations, Mr. Nixon was reelected as a
member of the Fair Housing Board for a term of three years ending
March 31, 1994, by the following vote:
FOR MR. NIXON: Council Members Musser, White, Bowers, Bowles,
Fitzpatrick, Harvey and Mayor Taylor ............ 7.
There being no further business, the Mayor declared the meeting
adjourned at 4:25 p.m.
ATTEST: ~
City Clerk
APPROVED
Mayor
221
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 25, 1991
2:00 p.m.
tm
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 25, 1991, at 2:00 p.m., the regular
meeting hour (actual convening time was 2:20 p.m.), with Mayor Noel C. Taylor
presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of
Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William White, Sr., David A. Bowers,
Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Howard E.
Musser and Mayor Noel C. Taylor ................ 7.
ABSENT: None
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Sandra H. Eakin, Deputy City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
SCHOOLS: The Mayor advised that on July 1, 1991, there would be
three vacancies on the Roanoke City School Board, said vacancies being
for terms of three years each, ending June 30, 1994. He stated that
pursuant to Chapter 9, Education, Article II, Procedure for Election of
School Trustees, Section 9-13, Preliminar~ screening of candidates, on
or before MarCh 31, Council, as a Committee of the Whole, shall at a
regular or special meeting, review and consider all candidates for the
position of school trustee; whereupon, the matter was before the body.
The Mayor further advised that as of March 11, 1991, at 5:00 p.m.,
which was the deadline for receipt of applications, the following Dot-
......... r~ ................ ~ G~uu.~i~m~ v~cdncies on the Roanoke
School Board:
E. Hil Cassell, Jr.
Marilyn C. Curtis
Garry A. Fleming
M. Wendy O'Neil
Velma B. Self
James M. Turner, Jr.
Harry R. Yates, Jr.
222
ACTION:
Mr. Harvey moved that the matter be received and filed and that
Council select from the field of candidates those candidates to receive
the formal interview on Monday, April 1, 1991, at 2:00 p.m. Tile motion
was seconded by Mr. Fitzpatrick and unanimously adopted.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss the dispo-
sition of publicly held property, specifically lease of public land for
erecting a structure, and to discuss specific legal matters requiring
the provision of legal advice by counsel, specifically the terms and
conditions of a lease agreement; and personnel matters relating to
vacancies on various authorities, boards, con~issions and committees
appointed by Council.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss the disposition of publicly held property, specifi-
cally lease of public land for erecting a structure, and to discuss
specific legal matters requiring the provision of legal advice by coun-
sel, specifically the terms and conditions of a lease agreement, pur-
suant to Sections 2.1-344 (A) (3) and 2.1-344 (A) (7), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the disposition of
publicly held property, specifically lease of public land for erecting
a structure, and to discuss specific legal matters requiring the provi-
sion of legal advice by counsel, specifically the terms and conditions
of a lease agreement, pursuant to Sections 2.1-344 (A) (3) and
2.1-344 (A) (7), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Bowers adopted by the following vote:
A¥~: uouncil Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ................ 7.
NAYS: None
Oe
COUNCIL: A com~nunication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and con~nittees appointed by
Council, pursuant to Section 2.1~344 (A) (1), Code of Virginia (1950),
as anmnded, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
223
ACTION:
ACTION:
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1~344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ................ 7.
NAYS: None
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Mr. Charles W. Hancock for a term ending November 14, 1991, Ms. Ora B.
McColman and Ms. A. Lorraine Johnson for terms ending November 14,
1993, and Mr. Melvin C. Anderson, Jr., to fill the unexpired term of
Ms. A. Catherine Womack, ending November 11, 1992, as members of the
Roanoke Neighborhood Partnership Steering Committee, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
GRANTS-CITY SHERIFF: A communication from the Honorable W. Alvin
Hudson, Sheriff, advising that the Appropriations Act approved by the
Virginia General Assembly durinq its 1989 reflular session authorized
the Department of Criminal Justice Services to expend grant funds for
pretrial diversion and related services; and in addition, the Director
of the Department of Criminal Justice Services was to assure that one
or more of the programs was to include provisions for drug testing of
accused felons awaiting trial, consistent with State law, Section
19.2-123, of the Code of Virginia (1950), as amended, effective July 1,
1989.
It was further advised that the Sheriff's Office and the Courts
for Roanoke City applied for and received funding for two separate
programs, which were implemented with State funds through a grant at no
cost to the City and no matching fund requirements for the locality, as
follows:
224
The "Substance Abuse Testing of Accused Felons
Awaiting Trial" Program began July 1, 1989 and was
administered under the sponsorship of the Roanoke
City Sheriff's Office at a cost of $67,670.00.
The "Roanoke City Courts Pretrial Services" Program
began January 1, 1990 and was administered under
the sponsorship of the Court-Community Corrections
Program for the Roanoke City Courts at a cost of
$63,863.00.
It was explained that local cash match of 25 per cent will be
required, effecti,,e fiscal year 1991-92 on each of the grants, if they
remain separate; that the Roanoke City Pretrial Services Program
evolved from the merging of these two existing and approved Department
of Criminal Justice Services grant-funded programs; that recent
discussions between the directors of the two existing programs resulted
in the identification of opportunities to provide mutually beneficial
support through merging the programs, including a cost savings,
improved supervision of some offenders, etc., and that the goals of the
Roanoke City Pretrial Services Program are as follows:
To reduce the demands upon the Roanoke City Jail
resources through the use of a volunteer drug
screening program to reduce the number of felony
offenders in jail awaiting trial, placing them
under supervision in the community;
To improve the efficiency and effectiveness of the
General District Court through the pretrial release
and diversion of non-violent offenders to alter-
natives to prosecution and conviction;
To reduce the demands placed upon the Common-
wealth's Attorney and Public Defender through the
release and diversion of select non-violent offen-
ders, charged with jailable offenses, to alter-
natives to prosecution; and
To imorove the efficiency and effectiveness of the
Circuit and Family Court through the availability
of alternatives to the conviction on non-violent
offenders.
It was further explained that the Appropriations Act approved by
the Virginia General Assembly during its 1991 regular session
authorized the Department of Criminal Justice Services to continue to
provide funding for the Roanoke City Pretrial Services Program, in the
225
m)
ACTION:
ACTION:
amount of $104,363.00 with $78,273.00 funded by the Department of
Criminal Justice Services and matching funds in the amount of
$26,090.00 provided by the City of Roanoke; that a grant application
totaling $104,363.00 has been prepared for submission to the Department
of Criminal Justice Services for the Sheriff's Office to continue to
administer the Roanoke City Pretrial Services Program; and Council's
approval is necessary in order to submit the prepared grant application
to the Department of Criminal Justice Services for its review and
approval.
The Sheriff recommended that Council authorize the City Manager to
submit the grant application to the Department of Criminal Justice
Services for the continuation of the Roanoke City Pretrial Services
Program by the Roanoke City Sheriff's Office.
(For full text, see comm~:nication on file in the City Clerk's Office.)
Mr. White offered the following Resolution:
(#30443-32591) A RESOLUTION authorizing the filing of a 9rant
application with the Con~nonwealth of Virginia Department of Criminal
Justice Services for a pretrial services program.
(For full text of Resolution, see Resolution Book No. 52, page 244.)
Mr. White moved the adoption of Resolution No. 30443-32591. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor-~- 7.
NAYS: None-. O.
A report of the City Manager concurring in the reconm~ndation of
the City Sheriff, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
n~tion was seconded by Mr. Fitzpatrick and unanimously adopted.
The
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET~REFUSE COLLECTION: The City Manager submitted a written
report advising that contributions have been received by the City to
support the public education phase of its recycling program; that
donors are the Virginia Soft Drink Association ($10,000.00) and the
Roanoke Valley Beer and Wine Wholesalers Association ($5,000.00); that
226
ACTION:
funds were available within the City budget for public education, but
additional funds are needed to enhance the start-up phase of the
recycling program and use of donated funds is recon~ended to be as
follows:
Production of 10,000 informational brochures
explaining how the recycling program works; and
Public service announcements.
The City Manager recommended that he be authorized to accept the
contributions in the amount of $10,000.00 from the Virginia Soft Drink
Association and $5,000.00 from the Roanoke Valley Beer and Wine
Wholesalers Association; appropriate funds in the Refuse Collection
Department; and establish a revenue estimate for the same amount.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30444-32591) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 244.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30444-32591.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
biusser and Mayor Taylor ................................... 7.
NAYS: None
Mayor Taylor expressed appreciation to the Virginia Soft Drink
Association for their contribution of $10,000.00, and to the Roanoke
Valley Beer and Wine Wholesaler's Association for their contribution of
$5,000.00, which includes equal contributions from the Blue Ridge
Beverage Company, Bova Distributing Company, Inc. Valley Distributinq
..... ~,~, ii~C., mid KoanoKe Ulstributing Company, Inc. He stated that
these funds are to be used in connection with the public education
phase of the City's recycling program.
Mr. Robert A. Archer, representing Blue Ridge Beverage Company,
stated that this is a very important project and that his company is
glad to be able to participate in the project.
Mr. Fitzpatrick expressed appreciation to Mr. Archer and conmmnted
that Mr. Archer is a citizen of the City of Salem, that his business is
located in Roanoke County, and he is helping the City of Roanoke as a
result of his company's contribution to the recycling program.
227
ACTION:
Mr. Fitzpatrick offered the following Resolution:
(#30445-32591) A RESOLUTION accepting the gifts of the Virginia
Soft Drink Association, Inc., and the Roanoke Valley Beer and Wine
Wholesalers' Association made to the City on behalf of the City's curb-
side recycling program.
(For full text of Resolution, see Resolution Book No. 52, page 245.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30445-32591.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None
GRANTS-HOUSING-HUMAN RESOURCES: The City Manager submitted a
written report advising that for the past four years, Council accepted
Emergency Shelter Grants Program grant awards allocated under the
Stewart B. McKinney Homeless Assistance Act from the U. S. Department
of Housing and Urban Development to provide services to the homeless,
as follows:
$26,000.00 on November 16, 1987, pursuant to
Resolution No. 28872;
$ 4,000.00 on May 9, 1988, pursuant to Resolution
No. 29086;
$24,000.00 on April 3, 1989, pursuant to Resolution
No. 29507; and
$39,000.00 on March 26, 1990,
Resolution No. 29990-32690.
pursuant to
It was further advised that the City appropriated funds from all
four grant awards to an Emergency Shelter Resource Fund enabling local
non-profit organizations to apply for financial support to improve
and/or maintain the quality of shelter facilities; that boun~il
cuffed with the recommendations submitted by the City Manager's Follow-
Up Task Force on Homelessness pursuant to Resolution No. 28963 adopted
by Council on Monday, January 25, 1988, Resolution No. 29047 adopted by
Council on Monday, April 4, 1988, Resolution No. 29186 adopted by
Council on June 27, 1988, Resolution No. 29576 adopted by Council on
Monday, May 22, 1989, and Resolution No. 30100-61890 adopted by Council
on June 18, 1990 to allocate funds as follows:
228
ACTION:
1987 1988 1989 1990
Funds Funds Funds Funds
Shelter Provider
$20,000.00 $1,700.00 $10,000.00 $17,090.00 Total Action Against
Poverty
$ 6,000.00 2,300.00 8,500.00 11,790.00 Roanoke Area Minis-
tries
$ - 0 ~ - 0 - 5,500.00 10,120.00 TRUST
It was explained that fiscal year 1991 Emergency Shelter Grants
Program appropriations were slightly increased nationally from 1990
levels, resulting in an increase in the City's share from $39,000.00 to
$41,000.00; that an Emergency Shelter Grants Program grant allocation
of $41,000.00 has been awarded to the City of Roanoke by the U. S.
Department of Housing and Urban Development, and these funds, allocated
under the Department of Housing and Urban Development - Stewart B.
McKinney Homeless Assistance Act, must be used to provide assistance to
the homeless; that the City's Emergency Shelter Resource Fund will pro-
vide the avenue for distributing the funds to local shelter providers
serving the needs of the homeless; that the City will invite applica-
tions from all local shelter providers to ensure the most cost benefi-
cial use of said funds; and the Follow-Up Task Force on Homelessness
will review proposals and advise the City Manager on which proposals to
recon~nend to Council for funding.
The City Manager recommended that he be authorized to accept the
Emergency Shelter Grants Program grant award, in the amount of
$41,000.00, from the U. S. Department of Housing and Urban Development;
and appropriate funds to an account to be established in the Grant Fund
by the Director of Finance and increase the revenue estimate in the
Grant Fund.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30446-32591) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 246.)
Mrs. Bowles moved the adoption of Ordinance No. 30446-32591. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ............................. 7.
NAYS: None ..................................................... O.
229
ACTION:
Mrs. Bowles offered the following Resolution:
(#30447~32591) A RESOLUTION accepting an offer of certain
Emergency Shelter Grant Program funds (ESGP) made to the City by the
United States Department of Housing and Urban Development; and
authorizing execution of the City's acceptance of the aforesaid grant
offer and agreement, on behalf of the City, to comply with the terms
and conditions and requirements of said Department pertaining thereto.
(For full text of Resolution, see Resolution Book No. 52, page 246.)
Mrs. Bowles moved the adoption of Resolution No. 30447~32591. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor .... 7.
NAYS: None
CITY SHERIFF: The City Manager submitted a written report con-
curring in a report of a bid committee with regard to the leasing of
one new window van for the Sheriff's Department.
The bid committee advised that the requested window van type
vehicle is necessary for transportation of prisoners as required by the
Sheriff's Department; and is needed to replace an existing van which
has high mileage and is experiencing increased maintenance cost; that
specifications were developed and, along with a request for quotation,
sent to nine firms currently listed on the City's bid list, and the
request was also published in the Roanoke Times & World-News on
March 7, 1991; and that all bids received, after due and proper adver-
tisement, were publicly opened and read at 2:00 p.m., on March 18,
1991, in the Office of the Manager of General Services.
It was further advised that two vendors responded to the request
for bids; that the bids received were evaluated in a consistent manner
by representatives of the Sheriff's Department, Motor Vehicle
Maintenance Department and General Services Department; and the lo~est
bid submitted by Maqic City Motor Corporation meets all required speci-
fications for the cost of $473.98 per month.
The bid committee reconxnended that Council accept the lowest bid
submitted by Magic City Motor Corporation to lease one new window van
for the Sheriff's Department for a period of 48 months, for the cost of
$473.g8 per month; and reject the other bid received by the City.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
23O
ACTION:
(#30448-32591) A RESOLUTION providing for lease of a new window
van for use by the Sheriff's Department, upon certain terms and con-
ditions, by accepting a bid made to the City for the lease of such
vehicle; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 52, page 247.)
Mr. Musser moved the adoption of Resolution No. 30448-32591. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members White, Bowles, Fitzpatrick, Harvey, Musser
and Mayor Taylor ............ 6.
NAYS: None
(Council Member Bowers abstained from voting.)
BUDGET-FIRE DEPARTMENT: The City Manager submitted a written
report concurring in a report of a bid conmlittee with regard to the
purchase of fire trucks.
The bid committee advised that on December 17, 1990, Council
designated funds in the Capital Maintenance and Equipment Replacement
Program to provide for the purchase of fire trucks; that specifications
were developed and sent specifically to twenty-two vendors that are
currently listed on the City's bid list; that a public advertisement
was published in the Roanoke Times & World-News on December 23, 1990;
that on January 11, 1991, bids were received, publicly opened and read
by the Manager of General Services; that a perfonmance bond in the
amount of 100 per cent of the bid was specifically identified in the
specifications as a requirement; and bid specifications did allow for
the flexibility to negotiate with the lowest responsible bidder if bids
received exceeded available funds, which is pursuant to Section
23.1-4 (c), of the Code of the City of Roanoke (1979), as amended.
It was further advised that all bid responses were evaluated in a
consistent manner by representatives of the Administration and Public
Safety Directorate, Fire Department and General Services Department;
and the evaluation of bids received for the aerial ladder truck, is as
follows:
Four bids were received, with two of those
responses offering alternate bids.
The lowest bid, which is the Grumman Emergency
Products, Inc., Alternate No. 3, is for a 95 foot
aerial unit instead of the 121 foot unit as
requested; therefore, this bid does not meet
required specifications.
231
lhe second lowest bid, which is the Grum~an
Emergency Products, Inc., Alternate No. 2, is for a
110 foot aerial unit instead of the 121 foot unit
as requested; therefore, this bid does not meet
required specifications.
The third lowest bid, which is the Emergency One,
Inc., Alternate No. 1, is for a 110 foot aerial
unit instead of the 121 foot unit as requested;
therefore, this bid also does not meet required
specifications.
The lowest responsible bid meeting specifications
is the Grumman Emergency Products, Inc., Alternate
No. 1, which meets all required specifications for
the total cost of $420,581.00.
It was explained that evaluations of the bids received for six new
1500 G.P.M. pumping engines, is as follows:
The lowest bid, which is the Grumman Emergency
Products, Inc., Alternate No. 1, takes several
exceptions to the specifications with the major
exceptions being a smaller engine, no engine brake,
and no rear hose reel compartment; and these excep-
tions are substantial and cannot be waived.
The second lowest bid, which is the Emergency One,
Inc., Alternate No. 1, also took several exceptions
to the bid that are substantial and cannot be
waived, with some major exceptions being a small
engine, different transmission, reduced front and
rear axles, reduced wheel base and reduced pump
size.
The lowest responsible bid is the base unit sub-
mitted by Grun~nan Emergency Products, Inc., for a
total cost of $237,151.00, per unit.
?h~ h(d committee recommended that Council concur in authorize the
acceptance of the lowest responsible bids meeting specifications and
provide for the issuance of purchase orders for fire apparatus, as
fol 1 ows:
One new aerial ladder truck with operational
equipment from Grumman Emergency Products,
Inc., for the total amount of $420,581.00.
232
ACT I ON:
ACTION:
Five new 1500 G.P.M. Pumping Engines with
operational equipment and performance bond
from Grumman Emergency Products, Inc., for the
negotiated total amount of $1,001,040.00.
It was also recommended that Council reject all other bids
received, and appropriate $1,421,621.00 to the Fire Department, Account
No. 001-050-3213-9015 from the following funding sources:
$926,621.00 from Fiscal Year 1990 Capital
Maintenance and Equipment Replacement Program;
$255,000.00 from Transfers to the Debt Service
Fund, Account No. 001-004~9310-9512;
$200,000.00 from the General Fund Insurance
Reserve for replacement of a wrecked unit; and
$40,000.00 from the anticipated sale of two
surplus fire engines.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30449-32591) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 247.)
Mr. White moved the adoption of Ordinance No. 30449-32591. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor .............................................. 7.
NAYS: None ..................................................... O.
Mr. White offered L;,6 ~-"-'~-- ~^~.,~4~-.
(#30450-32591) A RESOLUTION accepting the bids of Grumman
Emergency Products, Inc., for furnishing and delivering certain fire
equipment to the City; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 52, page 248.)
Mr. White moved the adoption of Resolution No. 30450-32591. The
motion was seconded by Mr. Harvey and adopted by the following vote:
233
ACTION:
ACTION:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ................. 7.
NAYS: None--.
DIRECTOR OF FINANCE:
FINANCIAL REPORT: The Director of Finance submitted the financial
report of the City of Roanoke for the month of February, 1991.
(For full text, see financial report on file in the City Clerk's
Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Fitzpatrick and unanimously adopted.
The
REPORTS OF CO)~ITTEES:
AUDIT COmmITTEE: Council Member David A. Bowers, Chairman of the
Audit Committee, submitted minutes of the meeting of the Audit
Committee which was held on Monday, March 18, 1991.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Bowers moved that the minutes be received and filed.
motion was seconded by Mr. Fitzpatrick and unanimously adopted.
The
CIVIC CENTER: Mr. John S. Edwards, Chairman of the Roanoke Civic
Center Commission, submitted a written report advising that on Monday,
May 21, 1990, Council authorized the City Manager to enter into a
contract with William Caruso and Associates to assist with the develop-
ment of specifications and evaluations of bids received for the opera~
tion of concession and catering services at the Roanoke Civic Center;
that on August 7, 1990, information was specifically sent to 22
prospective bidders seeking interest in participating in the bid pro-
cess for food and beverage concessions for the Civic Center; that on
December 4, 1990, the extensive bid document was developed and sent to
11 firms that had expressed interest in bidding, and a public adver-
tisement was published in the Roanoke Times & World-News; that on
*]~n,J~ry in lqql_ a ore-bid conference was held at" the Civi'c Center to
provide interested vendors with additional information and d ~hu, i,~ uF
the facility; and that a bid bond, in the amount of $10,000.00, was to
accompany each bid submitted.
It was further advised that on February 15, 1991, two bid
responses were received for food and beverage concessions services for
the Roanoke Civic Center; that all bids received were publicly opened
in the Office of the Manager of General Services; that the bids
received were evaluated by representatives of the Roanoke Civic Center,
General Services Department and William Caruso & Associates; that the
evaluation is supported by a communication from William Caruso &
Associates, which has recommended the acceptance of the bid submitted
234
ACTION:
ACTION:
by The Swanson Corporation on the basis of higher investment and
average commissions to the City; and that the proposal of The Swanson
Corporation, if accepted, will be to provide food and beverage service
to the Roanoke Civic Center, in accordance with City of Roanoke speci-
fications, for a period of five years with the option to renew for an
additional five years.
The Commission recon~ended that Council authorize the City Manager
to execute a contract, subject to approval by the City Attorney, with
The Swanson Corporation to provide food and beverage concession and
catering services to the Roanoke Civic Center for a period of five
years with the option to renew for five years, in accordance with all
City of Roanoke specifications; and reject the other bid received.
The City Manager submitted a written report concurring in the
recommendation of the Roanoke Civic Center Commission.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#30451) AN ORDINANCE accepting a bid for certain food and
beverage concession services at the Roanoke Civic Center upon certain
terms and conditions, and authorizing the execution of an appropriate
concession agreement.
(For full text of Ordinance, see Ordinance Book No. 52, page 249.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ................................... 7.
NAYS: None
Mr. Musser moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Harvey and unanimously
adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO)~ENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
REAL ESTATE ASSESSMENTS-TAXES: Council Member Harvey referred to
certain articles which appeared in the news media recently concerning
an assessment of property in the Shaffers Crossing area of the City.
ACTION:
ACTION:
ACTION:
Mr. Harvey moved that Council request the Director of Real Estate
Valuation to submit a report to Council as to what transpired during
the assessment and can be done in the future to prohibit such an
occurrence from arising again. He stated that this situation not only
looked bad as far as public perception is concerned, but he does not
understand the whole series of events, and that he would like to be
formally briefed on the matter. The motion was seconded by Mr. Musser
and unanimously adopted.
HOUSING: Council Member Bowers addressed a matter which was
brought up during a meeting of the City of Roanoke Redevelopment and
Housing Authority Board of Commissioners on March 25, 1991, regarding
a $12,000.00 contract with Hayes, Seay, Mattern and Mattern for the
design or redesign of the Crestar Plaza Park and the Friendship
Fountain, which is the area between the new N & W building and the
parking garage. He stated that he is not sure whether this contract
was to be approved by the City Manager or by City Council; however, he
requested that the City Manager brief Council on the matter to see if
there are any questions prior to the formal signing off on the design.
Mr. Bowers moved that the City Manager brief Council on the design of
the Crestar Plaza Park and the Friendship Fountain prior to formal
approval of the design and construction of the project. The motion was
seconded by Mr. Musser and unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:46 p.m., the Mayor declared the meeting in recess.
At 3:59 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
aY~: Council Members White, Bowers, Bowles, Fitzpatrick, Harvey
and Mayor Taylor .................... ~ .............. 6.
NAYS: None ..................................................... O.
(Vice-Mayor Musser was out of the Council Chamber.)
INDUSTRIES: The Mayor advised that there is a vacancy on the
Industrial Development Authority of the City of Roanoke, created by the
resignation of Mr. Samuel J. Krisch, II, and called for nominations to
fill the vacancy.
236
ACTION:
ATTEST:
Mr. Bowers placed in nomination tile name of Mr. J. Darryl Burks.
There being no further nominations, Mr. Burks was elected as a
Director of the Industrial Development Authority of the City of Roanoke
for a term ending October 20, 1994, by the following vote:
FOR MR. BURKS: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ......................... 7.
There being no further business, the Mayor declared the meeting
adjourned at 4:00 p.m.
APPROVED
Deputy City Clerk
Mayor
2-37
REGULAR WEEKLY SESSION ~'~' ROANOKE CITY COUNCIL
April 1, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 1, 1991, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
~sa, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
s amended.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Howard E. Musser, William
White, Sr., and Mayor Noel C. Taylor~-~-~---~--~-~-~~~-7.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; William X Parson, Assistant City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Everett Kter,
Pastor, Grace Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Tayl or.
SCHOOLS: The Mayor advised that on July 1, 1991, there will be
three vacancies on the Roanoke City School Board, for terms of three
years, each, ending June 30, 1994. He stated that pursuant to Chapter
9, ~ducatton, Article II, Procedure for Election of School Trustee~,
Section 9~19, Preltmtnarx screentn~ of candidates, on or before
March 31, Council, as a Co'n~nittee of the"Whole, shall at a regular or
special meeting, review and consider all candidates for the position of
school trustee, the matter was before the body.
The Mayor further advised that as of March 8, 1991, at 5:00 p.m.,
sons had applied for the three upcoming vacancies:
E. Hil Cassell, Jr.
Marilyn C. Curtis
Garry A. Fleming
M. Wendy O' Nell
Velma B. Self
James M. Turner, Jr.
Harry R. Yates, Jr.
ACTION:
Mr. Harvey moved that the abovenamed applicants receive the formal
interview on Thursday, April 25, lg91. The motion was seconded by Mr.
Musser and unanimously adopted.
238
ACTION:
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to a request for an Executive Session to discuss a personnel
matter, being the appointment of a specific public officer.
PENDING LIST: A list of items pending from July 10, 1978, through
March 25, 1991, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mrs. Bowles moved that the pending list be received and filed.
The motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor
HOUSING: A report of qualification of Ms. Carolyn M. Johnson as a
Commissioner of the Roanoke Redevelopment and Housing Authority Board
of Commissioners to fill the unexpired term of Dr. Wendell H. Butler,
resigned, ending August 31, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor~-,~--~-~--~---~---~----~7.
HOUSING (FAIR HOUSING BOARD): A report of qualification of Ms.
Veron E. Holland as a member of the Fair Housing Board for a term of
three years ending March 31, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor-~-~-~-~-~-~-~-~-~--~7.
239
ACTION:
ACTION:
PENSIONS: A report of qualification of Mr. Ronald E. Carlisle as
a member of the Board of Trustees, City of Roanoke Pension Plan, for a
term ending June 30, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received
and filed. The motion was seconded by Mr. Fitzpatrick and adopted by
the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ....................................... 7.
NAYS: None ..............
O.
COUNCIL: An oral request of Vice-Mayor Howard E. Musser for an
Executive Session to discuss a personnel matter, being the appointment
of a specific public officer, pursuant to Section 2.1-344 (A (1), Code
of Virginia (1950), as amended, was before the body.
Mrs. Bowles moved that Council concur in the request of Vice-Mayor
Musser to convene in Executive Session to discuss a personnel matter,
being the appointment of a specific public officer, pursuant to Section
2.1-344 (A) (1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ................... 7.
NAYS: None .......... O.
m
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ARMORY/STADIUM: Inasmuch as numerous persons were in attendance
out of their interest pertaining to a report of the City Manager with
regard to auto racing at Victory Stadium, the Mayor suggested that the
matter be considered at this point on the agenda.
The City Manager submitted a written report advising that Mr.
Donald "Whitey" Taylor appeared before Council on February 25, 1991,
with an informal proposal to conduct auto racing events at Victory
Stadium on three dates during 1991; that Council requested Mr. Taylor
to place his proposal in writing and submit it, along with information
regarding types of cars to be raced, event parking, noise levels, and
performance bond to the City Manager for study; and the City Manager
was requested to develop terms, conditions and requirements necessary
to protect spectators and property, including a reasonable, yet suf-
ficient performance bond, should Council authorize the races to be held
in Victory Stadium.
2z o
The City Manager set forth certain specifics dealing with spec-
tator safety, property damage, insurance, noise, parking, traffic
control, performance deposit, charges and settlements, and breach of
agreement.
lhe City Manager advised that should the proposal to permit auto-
mobile racing at Victory Stadium be approved, it is requested that he
be authorized to enter into the License Agreement, as prepared by the
City Attorney, in order to address the abovestated issues.
(For full text, see report on file in the City Clerk's Office.)
The Director of Administration and Public Safety reviewed key
points contained in the City Manager's report.
The Assistant City Attorney reviewed the License Agreement,
advising that his office worked closely with the City Administration in
preparation of the License Agreement, which will protect the interests
of the City to the maximum possible degree. He stated that the
Agreement would authorize auto racing at Victory Stadium on three
separate occasions as requested by the promoter, and would provide the
City with the option after the first race to cancel the Agreement upon
21 days written notice to the promoter should the City desire to do so,
which is a decision that would have to be made by City Council.
The Assistant City Attorney explained that 30 days before the
first race, the promoter would be required to provide the City with a
$10,000.00 deposit in the form of cash or a certified check, as well as
liability and property damage insurance as required by the City
Administration, advising that the levels of insurance are reasonable in
this case in relationship to the type of activity that is to be under-
taken, and all participants are required to be covered by life, health,
accident and disability insurance. He added that the promoter's
security plan and parking plan will have to be approved by the City
30 days before the first event; that the Agreement further requires
that the promoter indenmify and hold the City hamless from any type of
liability, and that the promoter obtain releases from all participants
involved in the activity, including race officials, drivers and anyone
involved in the area of the track. He pointed out that the promoter
h ...... "+~'=+ e,~,~ncv medical services crews will be available
throughout each race event; that spectators will ,,uL L~ ~,,v ..........
first five rows of Stadium seats; that no alcoholic beverages will be
permitted in the Stadium; and ticket holders not be permitted to come
into the Stadium, leave and return, which will prevent spectators from
going to their cars to consume or obtain alcoholic beverages. He
stated that if there is property damage, the promoter would be respon-
sible for restoring the facility to good condition. With regard to the
type of protection for Victory Stadium itself, he explained that the
Agreement refers to concrete barriers and railroad ties that will be
placed around the infield, and if Council is so inclined to concur in
the recommendation of the Administration with regard to concrete
barriers, it would be necessary for Council to adopt a motion which
would impose this additional condition, which will become a part of the
License Agreement.
m
ACTION:
In the event that a muffler falls off of a race car, Mr. Harvey
advised that he would like the assurance that the driver would be
blackflagged and required to go back to the pit area for repairs;
whereupon, the Assistant City Attorney advised that it would be
appropriate for such requirement to be added as a part of Council's
motion, amending the License Agreement.
Mr. Edward A. Natt, Attorney, representing Mr. Taylor, advised
that over the last several weeks serious negotiations and good faith
discussions have taken place among members of the City Administration,
Mr. Taylor and himself, the end result of which was the License
Agreement previously summarized by the Assistant City Attorney. On
behalf of Mr. Taylor, he advised that the License Agreement is satis-
factory, however, he expressed concern over one minor item dealing with
life, health, accident and disability insurance for all participants,
including drivers, pit crew, and t)'ack officials with limits of at
least $100,000.00. He explained that Mr. Taylor advises that the nor-
mal requirement for short track operations is $10,000.00 per person,
and NASCAR requirements are $15,000.00 per person, and requested that
he be permitted to work with the City Administration in reaching a
compromise on that particular point. He concurred with Mr. Harvey's
suggestion with regard to blackflagging if a muffler falls off of a
race car. He stated that Mr. Taylor understands the seriousness of the
deadlines and time limitations which have been imposed by the City, and
expressed appreciation to the City Administration and to the City
Attorney's Office for their cooperation in negotiating the matter. On
behalf of Mr. Taylor, Mr. Natt asked that the request be approved so
that his client may go forward with plans for the first race proposed
to held on Monday, May 27, 1991.
The Mayor advised that seven persons had registered to speak on
the matter; whereupon, Mr. Musser advised that each persons be
requested to limit his or her remarks to no more than five minutes in
duration. The motion was seconded by Mr. Harvey and unanimously
adopted.
Mr. George A. Barrows, 2529 Avenham Avenue, S. W., advised that
Council should consider how auto racing at Victory Stadium will impact
the overall quality of life in the City of Roanoke. He called atten-
tion to the noise factor inasmuch as time trials will take place as
ear as l:uu p.m., on Saturddyb
trying to enjoy the peace and quiet of their homes. He inquired as to
what would be considered to be "too loud", and stressed that the defi-
nition of "too loud" should be included in the License Agreement. He
also inquired as to how much money the City will earn from the activity
and whether or not Mr. Taylor has the financial wherewithal to promote
the event. He referred to traffic congestion which is already a
problem and should be addressed very seriously, advising that the noise
issue and the overall quality of life should be taken into con-
si de rati on.
242
Mr. Kevin E. Martin, 2643 Nottingham Road, S. E., advised that he
is a racing fan, however, a number of questions come to mind that have
not been satisfactorily addressed. He referred to the pit area which
is proposed to be on the southwest side of the bleachers, and stated
that spectators must be kept out of that area. He stated that it
appears that a fence would have to be erected which would require that
holes be dug in the ground, and inquired as to who will be responsible
for patching the holes and blacktopping after the races. He advised
that support vehicles can be quite large and questioned whether there
is sufficient room to place all of the vehicles inside of the pit area.
He stated that fuel oil and cleaning materials would be spilled on the
asphalt in the pit area, and asked who will be responsible for cleaning
up the spills; that when racing is over, pieces of cotter pins and
sharp safety wire, which is used to hold the nuts and bolts tight on
the race cars will be left on the ground, and inquired as to who will
be responsible for cleaning up the pit area. He also inquired as to
who will be responsible for repainting the striping so that the Stadium
will again be suitable for athletics. He discussed the width of the
track, and proposed safety barriers. He inquired if the proposed cur-
few can be met given the size of the races proposed to be run. With
regard to the noise issue, he stated that should the noise affect the
patients at the surrounding medical facilities, they cannot leave, and
asked if doctors were consulted about what level of noise would be
acceptable before it becomes detrimental to the health and welfare of
patients.
Dr. Jack R. Hutcheson, Jr., 2860 South Jefferson Street, advised
that he would like to speak for an unrepresented constituency in his
capacity as a specialist in the management of cancer patients. He
stated that the Cancer Center of Southwest Virginia, one of the largest
cancer treatment centers in the State, is located at the very focus of
the natural amphitheatre affect of Victory Stadium, which draws
patients from all over southwest Virginia and West Virginia to the City
of Roanoke. He explained that racing engines cannot be adequately
muffled, and the excitement of the race is not an engine, but the
squeal of tires, brakes, cars hitting barriers, the roar of the crowd
and the public address system. He added that noise from football games
pale in comparison to the noise from an automobile race. He asked that
Council consider that the Cancer Center serves as a place of solace and
pain relief for seriously and terminally ill patients, many of whom are
in great pain, advising that pain control in a ~ancer ~"~_tie.-.t is dif-
ficult ac ~esc, ano medical practitioners have striven mightily to
create an atmosphere which is conducive to the best, most caring care
that can be administered to these people.
Mr. Charles Coulter, 2616 Stephenson Avenue, S. W., Vice-
President, Neighborhoods of South Roanoke, asked that Council give
serious consideration to the request. He stated that the neighborhood
does not oppose automobile racing itself, but it does oppose the pro-
posed location and use of Victory Stadium for that purpose. He further
stated that citizens oppose a raceway adjoining a residential neigh-
borhood, a hospital caring for the treatment of sick and injured
patients, and the proposed River Project which will involve mtllions of
m
taxpayers' dollars. He called attention to concern over the damage to
Victory Stadium itself, especially to the track surface, walls
surrounding the track and grass infield which is used for athletic
events by area schools and other non-profit organizations. He referred
to problems associated with noise, traffic congestion and large crowds
of people which anyone would see as legitimate reasons not to locate
their family in a neighborhood close to a race track. He called atten-
tion to traffic congestion, parking along the streets and in private
driveways, large numbers of people noisily moving through the neigh-
borhoods leaving behind litter and in some cases, property damage, as a
result of events which are already being held at Victory Stadium,
advising that no neighborhood should be expected to welcome this type
of activity. He stated that consideration must be given to the
hundreds of sick people being treated at Roanoke Memorial Hospitals on
a daily basis, some of whom, such as those patients at the Cancer
Center, are beyond any hope of recovery and must live the remaining
days of their lives within the confines of these nearby facilities. He
noted that it is not likely that people will use the shuttle buses pro-
posed by Mr. Taylor; and there could be possible contamination to the
ground and the adjoining river from petroleum products con,non to auto-
mobile racing. He requested that Council seriously consider the rami-
fications of Mr. Taylor's request, and that his request be denied, or
that Council appoint a study panel composed of residents of the neigh-
borhood, as well as the hospital, to work in conjunction with the City
to study potential problems associated with this type of activity. He
presented a petition signed by approximately 100 persons from the
neighborhood in opposition to auto racing at Victory Stadium.
Mr. Tom Thomas, 2521 Crystal Spring Avenue, S. W., advised that he
is opposed auto racing at Victory Stadium, and expressed concern over
its affect on patients at the Cancer Center.
Mr. Morton L. Meier, 2833 Longview Avenue, S. W., advised that no
one has stated what the noise level should be. He referred to damage
to the Stadium as a result of barriers which will require holes to be
dug in the ground, as well as other potential types of damage. He also
called attention to financial problems experienced by Mr. Taylor in
Franklin County several years ago.
Mr. Thomas L. Robertson, President, Roanoke Memorial Hospitals,
advised that the Hospital is onnn~d ~ -.,~ .... ~- ~ u~,, e~_.~....
· ne primary ~ason ~ing the noise that will ~ ~nerated by the event
and its affect ~ Hospital patients. He called attenti~ to problems
associated with pa~ing and traffic congestion that will occur ~ the
days of the event. He stated that at the p~sent tt~, the~ a~ 50
patients who a~ critically ill in the intensive ca~ unit at Roanoke
Memorial Hospital, the Cancer Center and the Rehabilitation Center;
that in addition to these critically ill patients, the~ a~ another
400 patients at Roanoke ~morial Hospital who ~qui~ a peaceful
atmosphe~ for their healing process, and hospital officials a~ con-
ceded that the noise from the Stadium during the racing events will
disturb these patients. He stated that the License Ag~e~nt p~sently
before Council does not contain a specific noise level restriction, and
243
.244
asked how the determination will be made that the noise from the event
is within acceptable limits. At a minimum, he stated that the City
should require the promoter to hold the noise levels, when measured at
or beyond the property lines surrounding the Stadium, to those
prescribed in the Zoning Ordinance and to those areas which abut a
residential area and, if noise levels are exceeded during an
event, the promoter's $10,000.00 performance deposit should be for-
feited. He advised that durin§ the last four years, Roanoke Memorial
Hospitals have added approximately 500 parking spaces at an expense of
over $1 million, and despite these additions, the City has recently
expressed concern that the Hospital's new $70 million addition will not
have adequate parking, and the City wants additional parking provided
within 300 feet of the building. He stated that the promoter has pro-
mised to provide off-site parking to accommodate spectators, however,
the City will not permit off-site parking to be considered or substi-
tuted for parking requirements for the Hospital's building, and
inquired as to why this requirement should be different for scheduled
events such as auto racing. He pointed out that on the days that
racing occurs, parking will be a major problem for patients, visitors
and staff at Roanoke Memorial Hospitals, as well as the neighborhood
surrounding the Stadium. He explained that the City Manager's report
indicates that the purpose of the performance deposit is to insure
payment of expenses incurred by the City, advising that the performance
deposit should also require the promoter to follow through on comnit-
merits made when seeking approval. To insure that the promoter keeps
his commitment, Mr. Robertson commented that the performance deposit
should be forfeited to the City, in its entirety, if all conditions
accepted by the promoter are not met by the event. He stated that the
performance deposit as it is now structured may protect the City for
its expenses, but it does nothing to satisfy the concerns of the
Hospital and neighbors relating to noise and parking, and requested
that the performance bond, at a minimum, be restructured to involve a
forfeiture if conditions agreed to in the License Agreement are not
met.
The Mayor advised that the following persons had telephoned his
office in opposition to auto racing at Victory Stadium; Mr. and Mrs.
W.L. Powell, Mr. Warren L. Kinsey, Ms. Gall Fralin, Mrs. Reuben
Kenoph, and Mr. James M. O'Neill.
The Mayor alan
................... ,~,~,, ~rom Ms. Barbara N.
buerK, Z607 Rosalind Avenue, S. W., advising that in the past 20 years,
Council has set a direction for the City that encouraged the revitali-
zation of the urban area, and citizens who choose to reside in the City
of Roanoke have worked diligently to restore inner City residential
areas, but now it appears that the direction which was set by Council
has changed. She stated that Council's decision should not prostitute
the City, and inquired if the money made from auto racing will be worth
the degradation of the City's reputation as a good place to live, and
Council's decision should represent what is best for the overall good
of the City. She pointed out that at the Council meeting on
February 25, 1991, at Lincoln Terrace Elementary School, she asked that
245
ACTION:
Council appoint a co~nittee to review and address the issue of auto
racing at Victory Stadium, and representatives from Roanoke blemorial
Hospitals and the neighborhoods were suggested to be appointed to the
committee, advising that she still believes that appointment of the
committee is necessary.
Ms. Duerk noted that the following points need to be addressed;
viz: the potential for creating undue noise in a hospital zone in resi-
dential areas from cars, spectators and public address system; traffic
congestion near the hospital; use of neighborhood streets for parking;
cost of parking at Victory Stadium and the parking garage; use of
neighborhood streets for "racing" after the event; increased traffic on
Avenham Avenue, S. W.; air pollution; potential contamination from oil
and gas spills near the Roanoke River; the reasons why auto racing was
discontinued at Victory Stadium in the 1950's; the fact that the track
has been reduced in size from tile time when racing was previously held;
the time limit for the event and commencement of time trials. In
closing, Ms. Duerk pointed out that Council Members represent all the
neighborhoods of the City of Roanoke and no neighborhood wants auto
racing in its backyard.
The Mayor stated that Mr. White Dillon telephoned his office and
expressed a favorable response to auto racing at Victory Stadium.
Mr. Musser offered the following emergency Ordinance:
(#30452) AN ORDINANCE granting a license agreement for automobile
racing at Victory Stadium, upon certain terms and conditions, and pro-
viding for an emer§ency.
The motion was seconded by Mr. Harvey.
Mr. Natt advised that a request has been made for three races this
year to be held on May 27, 1991, July 5, 1991, and September 2, 1991,
that an ongoing contract or agreement has not been requested, and the
only way to know and to respond to some of the questions and concerns
that have been raised by residents of the neighborhood is to actually
conduct a race and see what happens. He stated that Mr. Taylor has
negotiated what was felt to be an appropriate set of conditions,
advising that races will commence at 5:00 p.m., and conclude no later
Taylor has agreed to repair damages, if any, to the Stadium and pointed
out that there are parking and traffic congestion problems for any
activity that is held at Victory Stadium. He requested Council's
approval in order to hold the three races on the requested dates. On
behalf of his client, Mr. Natt reiterated that he concurred with the
additional conditions stated by the Assistant City Attorney with reElard
to protection of Victory Stadium and the infield, with regard to
blackflagging in the event a muffler falls off, and that the City will
have authority to approve the types of vehicles to be raced.
246
ACTION:
The Mayor advised that he serves on the Board of Directors of
Roanoke ,Memorial Hospitals; and after conferring with the Assistant
City Attorney prior to the meeting, he was informed that he would not
have a conflict of interest in voting on the matter, however, the Mayor
stated that if anyone is aware of a reason that he should not par-
ticipate in the vote, he would like for that to be known at the present
time.
The Assistant City Attorney advised that the additional require-
ments with regard to protection of Victory Stadium and the infield,
blackflaggtng in the event a muffler falls off, and approval by the
City of the types of vehicles to be raced will be included in the
License Agreement.
Ordinance No. 30452, as an emergency measure, was lost by the
following vote:
AYES: Council Members Bowers, Harvey, Musser and White ......... 4.
NAYS: Council Members Bowles, Fitzpatrick and Mayor Taylor ..... 3.
The Mayor inquired if Council would like to delete the emergency
clause from the ordinance, inasmuch as it takes five affirmative votes
of the Council for an Ordinance to pass as an emergency measure;
whereupon, Mr. Musser moved that the emergency clause be deleted from
Ordinance No. 30452. The motion was seconded by Mr. Harvey and
adopted.
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#30452) AN ORDINANCE granting a license agreement for automobile
racing at Victory Stadium, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 256.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Bowers, Harvey, Musser and White ......... 4.
NAYS: Council Members Bowles, Fitzpatrick and Mayor Taylor ..... 3.
At 3:35 p.m., the Mayor declared the meeting in recess.
At 3:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
247
m!ACTION:
PETITIONS AND COMMUNICATIONS:
HOUSING-BONDS: A communication from Council Member David A.
Bowers, Council Liaison, Roanoke Redevelopment and Housing Authority
Board of Commissioners, transmitting a request on behalf of the Housing
Authority for approval of a plan to assist Michael G. Morgan in the
acquisition, rehabilitation and equipping of certain apartment
complexes located in the City of Roanoke and the City of Salem, known
as Park Towne Apartments, Brandon Ridge Apartments, Brandon West
Apartments, Colonial Yorktown Homes, and Mt. Regis Village Apartments,
by issuance of revenue bonds, in an amount not to exceed
$19,000,000.00, was before Council.
(For full text, see conlnunication on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#30453-40191) A RESOLUTION approving the issuance of bonds of
the City of Roanoke Redevelopment and Housing Authority
(the "Authority") for the benefit of Michael G. Morgan (the
"Developer"), to the extent required by Section 147(f) of the Internal
Revenue Code of 1986, as amended (the "Code") and Section 15.1-1378.1
of the Code of Virginia of 1950, as amended (the "Virginia Code").
(For full text of Resolution, see Resolution Book No. 52, page 249.)
Mr. Bowers moved the adoption of Resolution No. 30453-40191. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .................. 7.
NAYS: None ............
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOt4MENDED FOR ACTION:
STREETS AND ALLEYS: The City Manager submitted a written report
advising that Council, at its meeting on Monday, June 17, 1985, unani-
mously approved Resolution No. 27729 which requested that the Virginia
Department of Transportation (vDOT) to program a project to widen
Franklin Road from Third Street, S. W., to Elm Avenue; that the pro-
ject, which is consistent with the 1995 Roanoke Valley Transportation
Plan, was subsequently included in the Highway Department's Six-Year
Highway Improvement Program; and a location and design public hearing
was held by the Highway Department on March 28, 1989, in the Council
Chamber, having been preceeded by an informal project plan review
session, for the same project.
248
ACTXON:
It was further advised that Council, at its meeting on May 22,
1989, unanimously adopted Ordinance No. 29579, thereby approving the
location and major design features of the widening of Franklin Road
from Third Street, to Elm Avenue, S. W., as presented at the March 28,
1989, public hearing; that permanent closure of a 50 foot long portion
of Day Avenue (just east of Franklin Road) as part of the project
design requires a public hearing and official action by both the City
Planning Commission and City Council to place said closure into effect;
that the Highway Department's project designers have determined that
the eight per cent grade of the segment of Day Avenue would have been
increased to approximately 14 per cent following proposed widening of
Franklin Road, which is not acceptable from a traffic safety perspec-
tive; that project plans show that Day Avenue will terminate at a new
guardrail to be installed as a part of the project; that a turnaround
will also be constructed at the proposed terminus of Day Avenue; that
new steps will be constructed as part of the project to retain
pedestrian access between Franklin Road and Day Avenue; and the two
streets will be separated by a 150 foot long stone wall ranging from
1.5 to 5.0 feet in height, with a handrail placed along the top of the
wal 1.
It was explained that tile project has been advertised for bids for
the third time; that if an acceptable bid is received in April, 1991,
construction is expected to co-hence as early as July, 1991; that
construction bids were received by the Highway Department on two occa-
sions within the past six months and subsequently rejected both times
due to said bids exceeding Highway Department cost estimates by
approximately 33 per cent; that based upon recent bids, the cost esti-
mate has been adjusted by the Highway Department, however, that the
project design has not been changed; that all amenities which the City
agreed to include, such as landscaping, stone retaining wall,
underground utilities, and lighting will remain in the project as
planned; and cost of the project will be shared by the Highway
Department and the City, with the Virginia Department of Transportation
to pay approximately 98 per cent and the City will pay two per cent for
all project eligible expenses.
The City Manager recon~nended that he be authorized to file al1
necessary applications on behalf of the City of Roanoke to permanently
S. W., with said date of closure to commence later this year as
necessary for the construction of the Franklin Road Widening Project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the recon~nendation.
The motion was seconded by Mr. Musser, Council Member Harvey abstained
from voting.
HOUSING-GRANTS: The City Manager submitted a written report
advising that the Virginia General Assembly has appropriated $43.75
million for the current biennium for various housing programs, most to
be designed and administered by the Virginia Department of Housing and
249
m
m
Community Development; that the Emergency Home Repair Program is one
such program providing grant funds to make emergency repairs to
housing units occupied by low income families/individuals; and guide-
lines for the Program include the following:
Grant funds awarded by the Department of Housing
and Community Development must be matched with at
least an equal amount in cash, in-kind services,
labor, etc., from other sources.
Each housing unit may receive a maximum of $500.00
in grant funds from the Department of Housing and
Community Development, or $1,O00.O0 if repairs or
improvements make the unit handicapped-accessible.
It was further advised that the City was awarded a $13,571.00
grant from the Department of Housing and Community Development in 1990
for the program; that Council approved a $37,178.00 allocation of
Community Development Block Grant (CDBG) funds in lggo in support of
the program; that repairs and improvements to 11 substandard low-income
housing units have been made through this year's program, which is
administered by the City in cooperation with Total Action Against
Poverty (TAP); that the Department of Health and Community Development
has notified the City that grant applications are being accepted for
the upcoming year of funding under the Program, of which $225,000.00 is
available statewide; that expected awards to local administrators will
range from $10,000.00 to $14,000.00; and deadline for submission of
applications is April 9, 1991.
It was explained that Council will be asked to consider the allo-
cation of $195,000.00 in CDBG funds in support of various Limited
Critical Repair Programs, one of which is the Emergency Home Repair
Program, as a part of the fiscal year 1991-92 CDBG program budget; that
application to the Department of Housing and Community Development has
been developed which requests a $14,000.00 grant award for the
Emergency Home Repair Program.
Mr. Herbert advised explained that the maximum grant on any unit
will be $2,500.00, of which $500.00 will be from State funds ($1,000.00
if made handicapped-accessible) and $2,000.00 will be from CDBG funds
,~,uvv.uu mr .~u~ .a.u,~dpped-auuussibie}; ~ha~ pruperty ~mers are
expected to retch CDBG grant funds dollar for dollar for repairs made
to low-income rental property; that repair costs exceeding the
$2,500.00 grant will be solely the owners' responsibility; that rental
property owners will con, nit that low-income tenant's rent will not be
increased for a period of one year following repairs; that authoriza-
tion by Council is required by the Department of Housing and Community
Development in order for the City to submit the application; and upon
notification from the Department of Housing and Community Development
that the City will be awarded the grant funds, Council will be asked to
authorize acceptance of the grant and to appropriate CDBG funds as a
match.
250
ACT I ON:
The City Manager reco~Inended that he be authorized to submit an
application for the Emergency Home Repair Program to the Department of
Housing and Community Development.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#30454-40191) A RESOLUTION authorizing the City Manager, for and
on behalf of the City, to file an application with the Virginia
Department of Housing and Community Development for a grant of funds
under the Emergency Home Repair Program; and authorizing the City
Manager to accept such grant funds.
(For full text of Resolution, see Resolution Book No. 52, page 251.)
Mr. Harvey moved the adoption of Resolution No. 30454-40191. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ............ 7.
NAYS: None .........
HEALTH DEPARTMENT: The City Manager submitted a written report
advising that a local commitment statement was used in previous years
to certify that Council appropriated a certain amount of funds for sup-
port of the Roanoke City Health Department; that Health Laws of
Virginia, Chapter 1, Article 5, Paragraph 32.1-31, Operation of local
health department under contract with Board; district health depart-
ments, provides, in'' part:
"A governing body of a City may enter into a
contract with the Board for the operation of the
local health department in such City. The contract
between the City and the Board shall specify the
services to be provided in addition to the services
required by law and shall contain other provisions
upon."
It was further advised that the local con~nitment statement was
declared obsolete on July 1, 1987, and replaced by a contract and ser-
vices checklist which must be completed per instructions received by
the State Health Department from Dr. Robert B. Stroube, Deputy
Con~nissioner for Community Health Services, dated September 27, 1988;
that a contract between the Commonwealth of Virginia and the City of
Roanoke is necessary for proper billing to localities for health and
environmental services; and the contract establishes that legal
defense with respect to services performed pursuant to local ordinance,
251
services performed pursuant to State enabling legislation set out in
Title 15.1 of the State Code, and other services set out in
Attachment A(2) of the contract will be provided by the City Attorney,
which may impose an additional burden on the City Attorney's Office.
The Ctty Manager recon~nended that he, or his designee, be
authorized to execute a contract, approved by the City Attorney, with
the State Health Department as provided for in Health Laws of Virginia.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30455=40191) A RESOLUTION authorizing a certain contract to be
entered with the State Board of Health relating to the operation of the
local Health Department.
(For full text of Resolution, see Resolution Book No. 52, page 251.)
ACTION: Mrs. Bowles moved the adoption of Resolution No. 30455-40191. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ..... 7.
)lAYS: None O.
m
STREETS AND ALLEYS-CONSULTANTS' REPORTS: The City Manager sub-
mitted a written report advising that Council authorized a contract
with Hayes, Seay, Mattern and Mattern, Inc., on May 8, 1989, pursuant
to Ordinance No. 29547, in the amount of $176,000.00, for realignment
and reconstruction of Thirlane Road, N. W.; that Change Order No. 1 was
executed, in the amount of $4,742.58, for additional design services;
and Change Order No. 2 needs to be executed to provide for additional
design and coordination relative to the project, as follows:
Virginia Department of Transportation {VDOT) coor-
dination and design of revised alignment "A" based
on VDOT's request to shift the alignment away from
its area headquarters;
right-Or-way coordination and presentation material
presented to the Roanoke Regional Airport
Con~nlsston;
coordination, layout, and design of VDOT material
storage lot and the entrance grades to the existing
lot;
prepare and participate in a Citizen's Information
Meeting;
252
ACTION:
project coordination between final design and
advertisement (4 months, May -August, lg90) due to
right-of-way acquisition delays;
additional APCO coordination required for under-
ground line coordination on Airport property for
the radar facility; and
length of construction extension to the United
Parcel Service grade change (2 months).
The City Manager recommended that Council authorize Change Order
No. 2, in the amount of $9,646.00, to the engineering services contract
with Hayes, Seay, Mattem & Mattem, Inc.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency Ordinance:
(#30456-40191) AN ORDINANCE approving the City Manager's issuance
of Change Order No. 2 to the City's contract with Hayes, Seay, Mattern
& Mattem, Inc., for services provided in connection with the realign-
ment and reconstruction of Thirlane Road, N. W.; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 252.)
Mr. White moved the adoption of Ordinance No. 30456-40191. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser and Mayor Taylor ........................ 7.
NAYS: None ...........
REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a written
report concurring in a report of a bid committee with regard to
purchase of a refuse truck.
Thp h~ ~ --
............ ~ ,~ummm~naea that Council authorize the following
actions:
Accept the lowest responsible bids meeting specifi-
cations for a refuse truck cab/chassis and body, as
fol 1 ows:
Item #1 - One new refuse truck cab/chassis
delivered to the body manufacturer and
including performance bond, as submitted by
Fulton Trucks, Inc., for a total amount of
$55,700.00.
ACTION:
ACTION:
253
Item #2 - One new 20 cubic yard refuse body to be
mounted on item #1 and delivered F.O.B. Roanoke,
as submitted by Cavalier Equipment Corporation, in
the amount of $19,8B0.00.
Transfer $75,580.00 from General Fund Contingency
Equipment Replacen~nt, Account No. 001-002-9410-
2202, to Refuse Collection, Account No. 001-052-
4210-9010.
Reject all other bids received by the City.
(For full text, see reports on file in the City Clerk's Office.)
Mr. White offered the following emergency Ordinance:
(#30457-40191) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 252.)
Mr. White moved the adoption of Ordinance No. 30457-40191. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
and Mayor Taylor .................. 6.
NAYS: None ............... O.
(Council Member Bowers abstained from voting.)
Mr. Fitzpatrick offered the following Resolution:
(#30458-40191) A RESOLUTION accepting certain bids made to the
City for furnishing and delivering one new 20 cubic yard refuse truck,
and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 52, page 253.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30458-40191.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White
a~d Mayor Taylor .................................... 6.
NAYS: None ..................................
(Council Member Bowers abstained frm~ voting. )
254
ACTION:
ACTION:
PUBLIC WORKS-EQUIPMENT: The City Manager submitted a written
report concurring in a report of a bid committee with regard to the
purchase of a new paint striping machine.
The bid committee reconmm.~nded that Council accept the lowest
responsible bid for one new paint striping machine as submitted by
Linear Dynamics, Inc., at a total cost, including performance bond, in
the amount of $123,375.00; authorize the transfer of $123,375.00 from
the General Fund Contingency, Account No. 001-002-9410-2202, to Street
Maintenance, Account No. 001-052-4110-g010; and reject all other bids
received by the City.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#30459-40191) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General Fund Appropriations, and providing for an
eme rgen cy.
(For full text of Ordinance, see Ordinance Book No. 52, page 254.)
Mr. Musser moved the adoption of Ordinance No. 30459-40191. :The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .......... 7.
NAYS: None .......... .0.
Mr. Musser offered the following Resolution:
(#30460-40191) A RESOLUTION accepting the bid of Linear Dynamics,
Inc., made to the City for furnishing and delivering one new paint
striping machine; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 52, page 254.)
Mr. Musser moved the adoption of Resolution No. 30460-40191. The
............ ,4..,4 k.. u L! ........ n~l ~44nnf~3~l hv tthp_ (:nllnw4nn vnet.
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ................. 7.
NAYS: None ....... O.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-CITY TREASURER: The Director of Finance and
the City Treasurer submitted a joint written report advising that cash
resources of all funds in excess of the City's requirements for in~e-
diate payments may be invested in securities of the United States, or
255
in securities of agencies of the United States which are fully
guaranteed by the United States, in bonds of the City and in interest
bearing certificates of deposit in any bank qualified under the
Virginia Security for Public Deposits Act, Section 2-179, Code of the
City of Roanoke (1979), as amended, which provision has not been
amended since July 6, 1976.
It was further advised that investment vehicles provided by
financial markets have been substantially expanded; and the Code of
Virginia (1950), as amended, Chapter 18, Investment of Public Funds of
Title 2.1 and Chapter 3, Investments 6f Title 26 have authorized
expanded investment opportunities for political subdivisions of the
Con~nonweal th.
Mr. Schlanger and Mr. Peters explained that in their opinion, the
Code of the City of Roanoke (1979), as amended, needs to be amended to
authorize the City of Roanoke to participate in the investment oppor-
tunities that have been provided by the Code of Virginia (1950), as
amended; and "Short-term Cash Management Investment Policy Guidelines"
were developed in accordance with provisions of the Code of Virginia
(1950), as amended.
The Director of Finance and the City Treasurer recon~ended that
Council amend Section 2-179, Code of the City of Roanoke (1979), as
amended, to authorize the following investments for short-tern cash:
Bonds, Notes and other evidence of indebtedness of
the State of Virginia.
Bonds, Notes and other direct obligations of the
Uni ted States and secu ri ties uncon di ti onal ly
guaranteed as to the payment of principal and
interest by the United States, or any agency
thereof.
Bonds, Notes and other evidence of indebtedness of
any county, city, town, district, authority, or
other public body of the State of Virginia.
,_.4~v..~ .... v. oL;i~,-ubllgacions issued, guaran:eea, or
assumed' by the International Bank for
Reconstruction and Development, and the Asian
Development Bank.
Savings accounts, or time deposits, in any bank or
savings and loan association within the State of
Virginia, provided such bank or savings and loan
association is approved for the deposit of other
funds of the State of Virginia or other political
subdivision thereof.
256
Domestic bankers' acceptances from "prime quality"
institutions rated B/C or better in the Keefe,
Bruyette & Woods, Inc. ratings.
"Prime Quality" commercial paper issued by domestic
corporations. "Prime Quality" will be rated no
lower than Standard and Poor's A-1 and Moody's P-1.
Certificates of Deposit and Time Deposits of
Virginia banks and savings and loan institutions
federally insured to the maximum extent possible,
and/or col l ateral i zed up to 100 per cent for the
amount of the deposit in excess of federal
insurance coverage.
Overnight, Term or Open Repurchase Agreements with
Virginia banks acting as principal or agent, colla-
teralized by U. S. Treasury Agency Securities. The
collateral will, at all times, be no less than 110
per cent of the value of the Open and Term
Repurchase Agreements and no less than 102_ per cent
of the Overnight Repurchase Agreements.
Investment in certificates representing ownership
of treasury bond principal at maturity or its
coupons for accrued periods. Note: This is the
State Code's version of stating that zero coupon
government securities are legal.
Securities lending (Reverse Repurchase Agreements).
Investment of certain public monies in money market
funds that corresponds to these investment poli-
cies.
Investment in Corporate notes and bonds.
It was pointed out that the City Attorney has reviewed and
analyzed each of the investment options proposed for short-term cash
and C~_...C!:;~C_~ ~L_~,,~L ed~h or the investment options are mawruiiy
authorized for municipal corporations in Virginia.
It was further recommended that Council concur in the request to
issue a "Request for Proposal" for short-term cash manager, advising
that the proposals will received, reviewed and evaluated under the com-
petitive negotiation procedure, with final recon~nendation to be sub-
mitted to Council for approval.
(For full text, see report on file in the City Clerk's Office.)
257
ACTION:
ACTION:
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#30461) AN ORDINANCE amending and reordaining subsection (a) of
§2-179, Investment of surplus funds, Code of the City of Roanoke
('~97§), as ~mended, enumerating s~curtties in which City funds in
excess of those required for immediate payment may be lawfully
invested.
(For full text of Ordinance, see Ordinance Book No. 52, page 257.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ....................................... 7.
NAYS: None ........................
Mr. Fitzpatrick moved that the Director of Finance and the City
Treasurer be authorized to issue a "Request for Proposal" for a short-
term cash manager. The motion was seconded by Mr. Harvey and unani-
mously adopted.
REPORTS OF COMMITTEES:
BUDGET-WATER DEPARTMENT: Council Member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, pre. sented a written report
on behalf of the Committee, with regard to providing necessary funds
for the purchase of water treatment chemicals through June 30, 1991.
A staff report advised that Council approved funds in the fiscal
year 1990-91 budget, in the amount of $156,066.00, for Water Fund,
Account No. 002-056-2170-2045, Chemicals, which was an estimate of
funds needed to purchase water treatment chemicals for the three water
treatment plants; that a fishy taste and odor problem in the drinking
water from Carvins Cove Filter Plant occurred and is believed to be
related to weather conditions of an unusually warm winter which caused
an algae bloom in the Carvins Cove Reservoir; and an acceptable and
ett'ective treatment nas rangeO as ;,;_Lu,, &S~-,*' c4n_ ..... nn n~w, day since
January 24, 1991.
It was further advised that the chemical appropriation budget is
being depleted at an unanticipated rate; that on March 11, 1991, the
Water Fund Chemicals account showed expenditures in the amount of
$102,172.90, encumbrances of $52,521.00 and an unobligated balance of
$1,372.10; and large encumbrances resulted from five orders of powder
activated carbon, in the amount of $43,922.83; and appropriation of
$75,000.00 from Water Fund Retained Earnings to Water Fund, Account No.
002-056-2170-2045, Chemicals, is needed to cover two or more orders of
powder activated carbon, and to provide necessary funds for normal
treatment chemicals through June 30, 1991.
258
ACTION:
The Water Resources Committee recommended that Council appropriate
$75,000.00 from Water Fund, Retained Earnings, to Water Fund, Account
No. 002-056-2170-2045, Chemical s.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#30462-40191) AN ORDINANCE to amend and reordain certain sec-
tions of the 19g0-91 Water Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 255.)
Mrs. Bowles moved the adoption of Ordinance No. 30462-40191. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ............... 7.
NAYS: None ......... .0.
WATER DEPARTMENT: Council Member Elizabeth T. Bowles, Chairman
of the Water Resources Con~nittee, presented a written report on behalf
of the Committee, with regard to fees for new water service installa-
tions.
A staff report advised that the City has an established policy of
assessing and collecting fees for special services, such as new water
service connection and meter installation fees, sufficient to recover
the cost of said special services; that fees for new service connec-
tions and meter installations were last established by Council on
June 25, 1990, effective August 1, 1990, based on installation cost
history, which was established with the intent of reimbursing the City
for the actual cost of installing new water services and meters, and
are included in Rule 7 of the Rules and Regulations for the Provision
of Water Service, as adopted and approved by Council, pursuant to
Resolution No. 27274, adopted on October 22, 1984; and Rule 7(b) and
Ordinance No. 25527 authorize and empower the City Manager to recomme_nd
adjustments in the charqes so as to effect recovery to the City of then
current average costs of all such water service connections and meter
installations, provided that all such adjustments or revisions are
approved by Council.
It was explained that costs for the period of July 1, 1990,
through March 1, 1991, have been monitored; that a total of 115 new
services have been installed; that costs reflect a need to increase the
meter installation fees, however, meter costs do not require adjustment
at this time; that cost adjustment is required to recover employee
fringe benefits, non-productive time required by City policy for pro-
viding emergency standby, which costs were not included in the fee
schedule approved by Council on June 25, 1990; and revenue to be
generated by the suggested increase is approximately $76,740.00, based
on estimated new service requests.
ACTION:
259
The Water Resources Committee recommended that Council concur in
the Administration imposing new water service connection and meter
rates, as follows, effective with all new service applications on and
after May 1, 1991.
PROPOSED WATER SERVICE CONNECTION AND METER FEES
TO BE EFFECTIVE ~Y 1, 1991
Service Connection Meter Meter Total
Size Charge Size Charge .Charge
3/4" 890.00 5/8" 75.00 965.00
3/4" 900.00 3/4" 115.00 1,015.00
1" 932.00 1" 143.00 1,075.00
I 1/2" 4,462.00 1 1/2" 238.00 4,700.00
2" 4,547.00 2" 303.00 4,850.00
3" 6,620.00 3" 975.00 7,595.00
4" 6,960.00 4" 1,520.00 8,480.00
6" 7,020.00 6" 2,980.00 10,000.00
8" 8,015.00 8" 4,875.00 12,890.00
10" 8,200.00 10" 6,000.00 14,200.00
PROPOSED FIRE SERVICE CONNECTION AND METER FEES
TO BE EFFECTIVE MAY 1, 1991
Servi ce Connecti on Meter Meter Total
Size Charge Size Charge _Charge
4" 5,140.00 4" 900.00 6,040.00
6" 5,390.00 '6" 1,200.00 6,590.00
8" 5,750.00 8" 1,800.00 7,550.00
10" 9,500.00 10" 3,300.00 12,800.00
12" 9,700.00 12" 3,300.00 13,000.00
Fire Hydrant 1,200.00
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30463-40191) A RESOLUTION establishing certain water service
connection and meter rates fnr th~c r~,,, ~,~,~ u,.. 1 ,~,
(For full text of Resolution, see Resolution Book No. 52, page 255.)
Mrs. Bowles moved the adoption of Resolution No. 30463-40191. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ................ 7.
NAYS: None .....................
.0.
260
ACTION:
SALE/PURCHASE OF PROPERTY-INDUSTRIES: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Con~ntttee presented a written
report on behalf of the Committee with regard to declaring the
"Douthat" house to be surplus to the City's needs and authorizing its
removal from the area of future expansion for the Roanoke Centre for
Industry and Technology.
A staff report advised that the 140.427 acre Douthat Farm was
purchased by the City on October 2, 1989, for industrial development;
that a large home and a historic cabin were cm the property; that two
structures were rented, and the house was occupied by the former owner,
Mr. Wade Douthat, until recently; that the top floor of the Douthat
house can be moved according to a local home moving firm; that the
house and cabin are vacant, with no one residing on the property and
vandalism is probable for both; and the Building Maintenance Department
has been asked to board the structures as much as possible.
It was explained that the Johnson Cabin is potentially a historic
structure and should be carefully protected from damage indefinitely or
sold and relocated; that the former Douthat home prohibits future deve-
lopment of the industrial park and as such is a liability to the City;
and as a vacant structure, the Douthat home cannot be insured and thus,
presents additional liability to the City should someone enter and be
hurt, therefore, the home should be removed from the property.
The Water Resources Committee recommended that Council declare the
"Douthat" house to be surplus to the City's needs and authorize its
removal from the area of future expansion for the Roanoke Centre for
Industry and Technology.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed its first
reading:
(//,30464) AN ORDINANCE declaring a certain structure located in
the Roanoke Centre for' Industry and Technology surplus and authorizing
its removal.
text of Ordinance, see Ordinance Book No. 52, page 260.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ...................... 7.
NAYS: None .................... O.
UNFINISHED BUSINESS: NONE.
261
ACTION:
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CIVIC CENTER: Ordinance No. 30451-40191 accepting~ the bid of The
Swanson Corporation for certain food and beverage concession privileges
at the Roanoke Civic Center, for an initial term of five years,
including minimum total capital investment for specific food and
beverage system improvements of $170,000.00, and minimum percentages of
gross sales to be paid to the City for services, having previously been
before the Council for its first reading on Monday, March 25, 1991,
read and adopted on its first reading and laid over, was again before
the body, Mr. Bowers offering the following for its second reading and
final adoption:
(#30451-40191) AN ORDINANCE accepting a bid for certain food and
beverage concession services at the Roanoke Civic Center, upon certain
terms and conditions, and authorizing the execution of an appropriate
concession agreement.
(For full text of Ordinance, see Ordinance Book No. 52, page 249.)
Mr. Bowers moved the adoption of Ordinance No. 30451-40191. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ....................................... 7.
NAYS: None ........................ O.
INDUSTRIES: Mr. Bowers offered the following Resolution
appointing J. Darryl Burks as a Director of the Industrial Development
Authority of the City of Roanoke, to fill the unexpired term of
Samuel J. Krisch, II, which commenced on October 21, 1990, and expires
on October 20, 1994:
(#30465-40191) A RESOLUTION appointing a Director of the
Industrial Development Authority of the City of Roanoke, to fill an
unexpired portion of a four (4) year term on its Board of Directors.
tUll teXt O1~ Resolution, see Resolution Book No. 52, page 256.)
Mr. Bowers moved the adoption of Resolution No. 30465-40191. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ............................ 7.
NAYS: None .............
MOTIONS AND MISCELLANEOUS BUSINESS:
262
ACTION:
ACTION:
ACTION:
ACTION:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
SCHOOLS: Mr. Harvey moved that Council authorize the City Clerk
to advertise a public hearing for Monday, April 15, 1991, at 2:00 p.m.,
or as soon thereafter as tile matter may be heard, to receive the views
of citizens with regard to the three upcoming vacancies on the Roanoke
City School Board, which public hearing was previously scheduled for
Monday, April 8, 1991, at 7:30 p.m. The motion was seconded by Mr.
Musser and unanimously adopted.
TRAFFIC-CITY MARKET: Mr. Bowers requested that the City Manager
be instructed to review the traffic situation along Campbell Avenue, S.
W., in the vicinity of the City Market area, and submit appropriate
recommendations to Council with regard to traffic control measures.
OTHER HEARINGS OF CITIZENS: NONE.
At 4:15 p.m., the Mayor declared the meeting in recess.
At 5:05 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Counctl Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, Whit and Mayor Taylor .......................... 7.
NAYS: None ..... O.
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES BOARD OF DIRECTORS):
The Mayor advised that there is a vacancy on the Mental Health Services
Ruddick, for a ~ ending December 31, 1992, and called for nomina-
tions to fill the vacancy.
Mr. Bowers placed in nomination the name of Mr. Onzlee Ware.
There being no further nominations, Mr. Ware was elected as a
member of the Mental Health Services Board of Directors, to fill the
unexpired term of Ms. Hortense W. Ruddick, resigned, ending
December 31, 1991, by the following vote:
FOR MR. WARE: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ................... 7.
263
There being no further business, the Mayor declared the meeting
adjourned at 5:10 p.m.
APPROVED
ATTEST:
City C1 erk
264
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 8, 1991
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. ~., City of Roanoke, on Monday, April 8, 1991, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979),' as amended.
PRESENT: Council Members David A.
Beverly T. Fitzpatrick, Jr., James G. Harvey,
White, Sr. and Mayor Noel C. Taylor-
Bowers, Elizabeth T. Bowles,
II, Howard E. Musser, William
ABSENT: None .............
O.
OFFICERS PRESENT: Wo Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a p~-ayer by The Right Reverend Arthur H.
Light, Bishop of the Diocese of Southwestern Virginia of the Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS
FIRE DEPARTMENT: Pursuant to notice of advertisement for bids
for construction of Fire Station No. 14 on Mecca Street, N. E., said
bids to be received by the City Clerk until 4:30 p.m., on Monday,
April 8, 1991, and to be held, opened and read before the Council at
7:30 p.m., on that date, or as soon thereafter as the matter may be
;,:a~-d, Lime mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER BASE BID ALTERNATE
Loeb Construction Co.
Avis Construction Co., Inc.
Lionberger Construction Co.
Gardner Smith, Inc.
Martin Bros. Contractor, Inc.
Q. M. Tomlinson, Inc.
Breakell, Inc.
Joseph J. Harding, Inc.
$52/,900.00 $2,800.00
539,000.00 3,300.00
545,000.00 3,300.00
546,500.00 3,083.00
553,900.00 3,000.00
556,000.00 2,600.00
5B4,200.00 3,200.00
598,900.00 3,050.00
265
ACTION:
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
The Mayor appointed Messrs. William White, Sr., Chairman,
George C. Snead, Jr., and Kit B. Kiser as members of the committee.
PUBLIC HEARINGS
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, April 8, 1991, at 7:30 p.m,, or as soon
thereafter as the matter may be heard, on the request of First Baptist
Church that a certain ten foot alley located approximately 556.71 feet
west of Third Street, S. W., and extending approximately 160 feet in a
southerly direction from the southerly side of Luck Avenue, be per-
manently vacated, discontinued and closed, the matter was before, the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, March 22,
'1991, and Friday, March 29, 1991. -.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that First
Baptist Church desires to use the property vacated for church purposes
-in conjunction with its adjoining property, and that the alley is not
currently being used as a public alley nor has it been used in recent
years, was bel~ore Council. -. -
The Planning Commission recommended that Council approve the alley
closure, subject to the following conditions:
~" that the applicant agrees to provide verification
,~ established, if vacated, and that such verification
will be provided to the City at least seven days
prior to the public hearing of the application by
:.Council;
· that 'the applicant agrees to provide to the City a
properly executed subdivision plat for review,
approval' and recordation, showing thereon the addi-
tion or division of the subject alley to either or
both of the adjacent properties which are currently
owned by First Baptist Church; and
266
ACTION:
that if the above listed conditions have not been
met and provided for within a period of 12 months
from the date of the ordinance effecting the sS-
ject closure, such ordinance shall become n~l and
void with no further action by Council being
necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
{#30466-41591) AN ORDINANCE permanently vacating, discontinuing
and closing a certain pU)lic right-of-way in the City of Roanoke,
~ Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 52, page 262.)
The motion was'seconded by Mr. Harvey.
Mr. T. L. Pl unkett, Jr., Attorney, appeared before Council in sup-
port of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for alley closure. There
being none, Ordinance No. 30466 was adopted on its first reading by the
fol 1 owing vote:
AYES:' Council Members Bowles, Fitzpatrick, Harvey, Musser, White,
Bowers and Mayor Taylor ................. 7.
NAYS: None ..................... . .... O.
' ' ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a pU)lic
hearing for Monday, April 8, 1991, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Allman Landscaping, Inc.,
Lots 1'and 2~ Block'4, Section 1, Southern Hills (formerly referred to
as Lots 1 and 2, Section 4), and Lots 1, '2 and 3,' Block 8, Section 2,
Southern Hills, Official Tax Nos. 5480401, 5480402, and 5470501 -
5470503, inclusive, be rezoned from RS-3, Residential Single Family
District, to RA, Residential Agricultural District, s~ject to certain
conditions proffered by the petitioner, the matter was before the body.
· Legal advertisement of the public hearing was p~blished in the
morning editions of the Roanoke Times & World-News on Friday, March 22,
1991, and Friday, March 29, 1991.
(See publisher's affidavit on file in the City Clerk's Office.)
267
ACTION:
A report of the City Planning Commission advising that the purpose
of the requested rezonin9 is for the operation of a tree farm, plant
nursery with greenhouses to include on-site retail sales, and renova-
tion of the existing residential structure incidental to the proposed
use on said property, was before Council.
The Planning-Commission recommended that Council.approve the
request for rezoning inasmuch as the proposed use of the property, in
conjunction with the proffered site plan, conditions and stages of
development, will serve to protect and promote the rural character and
environmental quality of the area as well as aesthetically enhance one
of the major entranceways into the residentially developed portion of
the neighborhood in keeping with the recommendations of the 1983 study
and issues as set forth in the comprehensive plan,
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#30467) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 547 and 548, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
sd~ject to certain conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 52, page 264.)
The motion was seconded by Mr. Fitzpatrick.
Mr. Bruce E. Mayer, Attorney, appeared before Coucnil in support
the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 30467 was adopted on its first reading by the
fol 1 owi ng vote:
Bowers and Mayor Taylor .........
NAYS: None ..........
STADIUM/ARMORY: The Mayor advised that n~nerous persons were in
the audience out of their interest pertaining to item 8.a. on the
agenda with regard to auto racing at Victory Stadia. He stated that
with the concurrence of Council, he would like to move item 8.a. to
this point on the' agenda; whereupon, Mr. Musser offered-the following
Ordinance for its second reading and ~nal adoption:
(#30452-40891)
automobile racing
conditions.
AN ORDINANCE granting a license agrem~ent for
at Victory Stadia, upon certain terms and
(For f~l text of Ordinance, see Ordinance Book No. 52, pa9e 256.)
268
ACTION:
Mr. Musser moved the adoption of Ordinance No. 30452-40891.
motion was seconded by Mr. Harvey.
The
The Mayor advised that 15 persons had registered to speak on the
matter; whereupon, Mr. Harvey moved that each speaker be requested to
limit his or her remarks to three minutes in duration. The motion was
seconded by Mr. White and unanimously adopted.
Mr..Charles Coulter, 2616 Stephenson Avenue, S. W., advised that
the neighborhood is not opposed to auto racing, but it is opposed to
the use of Victory Stadi~ as an auto racing track because of its close
proximity to a residential neighborhood, to a hospital, and to a cancer
treatment center. He stated that on other occasions when residents
have appeared before Council, testimony has been presented from experts
in auto racing and medicine, as well as members of the staff of Roanoke
Memorial Hospitals who have expressed opposition to and provided good
evidence which should cause Council to vote against the request of Mr.
Whitey Taylor. He pointed out that in all meetings, the nuTber of per-
sons opposing the request have far out nuabered those in favor, and
petitions have been s~mitted with hundreds of signatures in opposi-
tion. ~He stated that no neighborhood should have to endure what is
proposed.to take place in Victory Stadi[m. He inquired if the small
amount of money that the City stands to gain is worth the damage that
could potentially be done to Victory Stadiun.
Mr. Donald Hutcherson, of Rocky Mount, . Virginia, advised that he
is a track announcer for Mr. Taylor at the Franklin County Speedway and
spoke in support of auto racing at Victory Stadiua, He expressed
disappointment in the last few weeks with the news media in their
attack on Mr. Taylor's character. He stated that Mr. Taylor's purpose
is not to fight the people of South Roanoke, advising that if it was
felt that the noise would disturb the patients at the nearby hospitals
· :or residents of the area, he would not-propose auto racing. He stated
that the event will make money for the City of Roanoke and Mr. Taylor
stands to profit as well, but overall it is believed that Victory
Stadiua should be used for something other than high school football
games.
....... Ms,.-Ora-B..McColman, 2123 Tenth Street, N. W., requested that
Council not allow auto racing at Victory Stadiun. She called attention
to possible damage to the Stadi~n, as well as danger to spectators.
She stated that patients in the Cancer Center and Roanoke Memorial
Hospitals should not be subjected to the level of noise that would be
generated, and, on behalf of herself as well as other Williamson Road
residents, she asked that Council deny the request.
Dr. Jack R. Hutcheson, 2860 South Jefferson Street, appeared
before Council -on behalf of patients of the Cancer Center of Southwest
Virginia and asked that the request be denied. He stated that it is
'important to emphasize that what is being proposed is not just a trial
,- run because trial runs are frequently like genies in a bottle -- hard
or impossible to put back in once they are let out. He stated that
billion dollar dam projects are cancelled to support endangered fish
species and yet Council is considering forcing the sick to endure a
269
nuisance of the first order. He advised that sometimes our children
are taught the truth, but as adults, we tend to lose sight of the
simplicity of truth either because of reasons of political expediency,
or friendship, or economic consideration.
Mr. Andrew Roberts, III, 2730 Yellow Mountain Road, S. E., spoke
in favor of auto racing at Victory Stadiun. He stated that he has had
successful first hand experience with cars that are muffled very simi-
lar to those proposed to be raced at Victory Stadium. He further
stated'that it cannot be said that there will be damage to the Stadium
until a race has actually taken place, and pointed out that very little
damage takes place at the Franklin County Speedway, and it is rare for
a car to go into the infield. He noted that there is no intent to
damage Victory Stadium, advising that Mr. Taylor simply want to provide
a good form of entertainment for the people of the Roanoke Valley.
Mr. Bobby Scruggs, Vinton, Virginia, advised that he has been
involved in auto racing in various capacities for 31 years and served
as an officer with NASCAR for 17 years, and stated that auto racing
brings good economy into any locality, He pointed out that there is
danger in auto racing, that life itself is dangerous, however, auto
racing is no more dangerous than any other life experience. He stated
that auto racing should be given a fair chance at Victory Stadium, and
with the stipulations which will be imposed by the City, it is only
fair to give Mr. Taylor a chance to prove what he can do.
Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., advised that
not only is automobile racing inappropriate at Victory Stadium, it is
inappropriate in any neighborhood of the City, and no citizen should be
sd)jected to auto racing in their backyard. She stated that in the
past 20 years, Council has set a direction for the City that has
encouraged revitalization of the urban area; and citizens who choose to
reside in the City have worked diligentlY to restore inner city resi-
dential areas, but it seems that that direction is now being challenged
by the issue of auto racing. She further stated that if auto racing
bothers her, she can move, however, there are persons in the City who
do not have that option, who cannot afford to reestablish their place
ot residence or go uuu uf L;,: C;C~ ir. ~r~_~." te m~_c th~ ~v~nt. .~h~
called attention to problems with illegal parking in the surrounding
neighborhoods, use of neighborhood streets for racing after the event,
infield destruction, increased traffic on Avenham Avenue, air pollution
from car exhausts, and potential contamination from oil and gas spills
nea~ the Roanoke River. She stated that if Council Members want to
provide auto racing for the citizens of Roanoke, the City should hire a
bus and transport race fans to the Speedway in Franklin County.
The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., advised
that he appeared before Council in opposition to auto racing at Victory
Stadium. He stated that he lives in the northwest section of the City
near a street that is almost like a race track, and from two blocks
27O
away, he can hear the disturbing roar of car engines. He further
stated that noise disturbs seriously ill patients in a hospital
environment. He explained that drugs are a problem, both nationally
and internationally, and a crowd the size of that proposed to be
generated by auto racing will attract people who buy, sell and use
drugs.
Mr. Roy N. Stroop, 723 Mecca Street, N. E., advised that the con-
census of the citizens in the northeast area of the City is that they
are not in favor of auto racing at Victory Stadia. From personal
experience, he stated that he was a patient at Roanoke Memorial
Hospital, and it does not take a lot of noise to disturb a seriously
ill person. He advised that if a vote were to be taken by the citizens
of the City of Roanoke tunight, there would be no auto racing at
Victory Stadi mi.
Mr. Kenneth L. Motley, 2514 Robin Road, S. E., spoke in opposition
to auto racing at Victory Stadi~n. He requested that Council, in its
deliberation of whether to approve the request, take into consideration
the roi)owing questions; viz: is it in the best interest from a finan-
cial standpoint for the City to allow auto racing at Victory Stadia;
is it in the best interest of patients at Roanoke Memorial Hospitals,
the Cancer Center, or citizens of the neighborhood to have auto racing
next door; and is auto racing in the middle of a residential area and a
medical center appropriate for the City of Roanoke. He stated that if
Council carefully deliberates on the above three points, the answers to
the questions would have to be no, and requested that Council deny the
proposal to conduct auto racing at Victory StadiL~n.
Mr. Morton L. Meier, 2833 Longview Avenue, S. W., called attention
to the proposed Lease Agreement which was prepared by the City,
advising that hopefully Council has read the Agreement thoroughly, and
there should be a stipulation that City Council .will be the sole
arbitrator of whether the conditions of the Agreement have been met,
and that there be written criteria setting forth the provisions to be
imposed upon Mr. Taylor.
appeared before Council in his capacity as Director of the Coronary
Care Unit at Roanoke Memorial Hospitals. He stated that he did not
believe that muffler technology has come so far that a dozen race cars,
tearing around a tiny track designed for roller skating, can be done
quietly. He further stated that as a concerned citizen, the matter is
not a South Roanoke issue, and he would appear before Council if the
races were proposed to be held in a neighborhood which is rich or poor,
black or white, because no one should have the tranquility of their
home or. neighborhood damaged by auto racing. Speaking as a car-
diologist, he advised that Roanoke Memorial Hopsitals is a great medi-
cal. center, and cardiology services performed at the facility are
second only in the Commonwealth of Virginia to Norfolk General
Hospital. He pointed out that any person who has suffered with cardiac
problems should think long and hard about what the proposal will mean.
He called attention to the medical facilities in close proximity to
Victory Stadi~n in which there are over 600 patients in varying degrees
of sickness, dying, pain and fear.
Mr. Donald R. Shelton, 942 Hartsook Boulevard, S. E., advised that
he was 100 per cent opposed to auto racing at Victory Stadi~n.
Mr, Clarence Taylor, 7328 Back Creek Road, spoke in support of
auto racing, advising that Victory Stadi~ belongs to all of the citi-
zens, and not to those in a certain area of the City.
Ms. Sallie Sebrell, 130 27th Street, S. E., advised that her
family chose to live in South Roanoke over Roanoke County because they
are City people who enjoy the hustle and bustle of the downtown area,
but also the serenity of a quiet neighborhood. She stated because of
the noise that prsently exists at Victory Stadi~n, Council should be
sensitive when deciding on any new activities to add to the list, and
if Council votes in favor of auto racing, it will have chosen one of
the noisiest sporting activities in existence, and will have
demonstrated to many citizens of Roanoke and to Roanoke Memorial
Hospitals that their concerns do not matter. She called attention to
problems associated with parking in the surrounding neighborhoods, wear
and tear on the Victory Stadi~n track, oil spills, and damage to the
walls as well as structural cracks. She stated that the argunents in
favor of auto racing at Victory Stadi~n are that it will bring needed
revenue to the City of Roanoke, as well as quality entertainment to a
certain segment of the citizenry. She further stated that the argu-
ments against auto racing are that expenses would cut into profits to
the point where the City would experience almost no revenue; Council
would be allowing or encouraging residential streets to be crowded to
the extent that property values would decrease, thereby decreasing tax
revenue for the City; in today's trend of soft real estate, Council
would be contributing to the decrease of property values as people in
the future decide not to purchase homes in South Roanoke if CounciJ
allows more noise pollution and track congestion, thereby decreasing
tax revenue for the City and encouraging flight to Roanoke County;
Council would be allowing the disturbance of patients who are hospita-
lized, thereby taking away their right to a peaceful hospital stay and
possibly, jeopardizing their health; Council would be discouraging
potential patients from utilizing the facilities at Roanoke Memorial
Hospitals for their health care, and encouraging those patients to go
outside of the City limits for their health care needs; Council would
knowingly oversee tile destruction of the physical condition of the
track and walls at Victory Stadiun; and Council will have lost the
trust of many of the citizens to whom it is accountable in order to
allow someone who is not a resident of the City of Roanoke to bring
potential noise, air, earth, and water pollution to an area of the City
that already tolerates, without complaint, many other activities. She
pointed out that Council should ask itself the following question: is
it worth all of the abovestated negatives in order to allow entertain-
ment at Victory StadiLrn that is already offered at a location within a
20 mile radius. She advised that Council is accountable to the citi-
zens of the City of Roanoke and not to Mr. Whitey Taylor.
271
272
Mr. Edwin C. Hall, 2810 Avenham Avenue, S. W., advised that the
people who have asked that Council approve Mr. Taylor's request reside
in Rocky Mount, Vinton and Back Creek, and the person who wishes to
promote the activity, along with his attorney, are Roanoke County resi-
dents. He explained that the people who have asked Council to vote
against the proposal are the citizens who elected Council Members, who
pay taxes in the City of Roanoke, and did not elect Council Members to
represent the citizens of Back Creek, Rocky Mount, Vinton or Roanoke
County. He pointed out that if those persons who reside in Back Creek,
Rocky Mount, Vinton and Roanoke County had wanted Council's represen-
tation, they would have voted for consolidation. He stated that he
would not be in favor of auto racing whether it be in northwest,
northeast or southeast, and he certainly does not want the activity in
his neighborhood.
Ms. Jennifer M. Perkins, 1221 Ho~bert Avenue, S. W., spoke in sup-
port of auto racing at Victory Stadia. She stated that she attends
races in Franklin County; that she does not object to having auto
racing in close proximity to her home, and there are many people in the
neighborhood that support auto racing because it is an inexpensive form
of entertainment.
No other persons wishing to be heard, Ordinance No. 30452-40891,
on second reading, was adopted by the following vote:
AYES: Council Members Harvey, Musser, White and Bowers -4.
NAYs: Council Members Bowles, Fitzpatrick and Mayor Taylor ..... 3.
At 9:00 p.m., the Mayor declared the meeting in recess.
At 9:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
CONSENT AGENDA:
T;,: ~-ia]u~' edvi~ed chac all matters listed ~der the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to three requests for Executive Sessions to discuss a person-
nel matter; personnel matters relating to vacancies on various authori-
ties, boards, commissions and committees appointed by Council; and a
matter with regard Lo disposition of p~licly held property, specifi-
cally the leasing of pd~lic land for erection of a structure, and spe-
cific legal matters requiring the provision of legal advice by counsel,
specifically the terms and conditions of a lease agreement.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a pe_rsonnel matter, pursuant to Section
2.1-344 (A) (1), Code of Virginia (1950), as amended, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
ACT[ON:
ACT[ON:
ACT[ON:
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowl es, Fitzpatrick, Harvey, Musser,
Bowers, White and Mayor Taylor ....................................... 7.
NAYS: None ......... O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant Lo Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended, The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser,
Bowers, White and Mayor Taylor ....... 7.
NAYS: None--- O.
COUNCIL: A communication from Council Member David A. Bowers
requesting an Executive Session to discuss a matter regarding the
disposition of publicly held property, specifically the leasing of
pd~lic land for erection of a structure, and to discuss specific legal
matters requiring the provision of legal advice by counsel, specifi-
cally the terms and conditions of a lease agreement, pursuant to
Sections 2.1-344 (A) (3) and 2.1-344 (A) (7), Code of Virginia (1950),
as amended, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of Council
Member Bowers to convene in Executive Session to discuss a matter
regarding disposition of p~licly held property, specifically the
leasing of pd~lic land for erection of a structure, and to discuss spe-
cific legal matters requiring the provision of legal advice by counsel,
specifically the terms and conditions of a lease agreement, pursuant to
Sections 2.1-344 (A) (3) and 2.1-344 (A) (7), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Harvey and adopted by the
fol 1 owl ng vote:
AYES: Council Members Bowl es, Fitzpatrick, Harvey, Musser,
Bowers, White and Mayor Taylor ....................................... 7.
NAYS: None .....................................................
273
274
ACTION:
CITY CODE-CITY CHARTER-MUNICIPAL AUDITOR: A communication from
Council Me~er David A. Bowers requesting the removal of an item from
the Council's List of Pending Items pertaining to proposed changes in
the City Code and the City Charter relating to duties and respon-
sibilities of the Municipal Auditor, was before the body.
Mr. Bowers further requested that the item not be placed back on
the pending list until such time as the Municipal Auditor or the Audit
Committee makes a recommendation regarding the proposal.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of Council
Member Bowers and receive and file the communication. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowl es, Fitzpatrick, Harvey, Musser,
Bowers, White and Mayor Taylor .................. 7.
NAYS: None ...........
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PARKS AND PLAYGROUNDS-CITY PROPERTY-RECREATION DEPARTMENT: Mr.
Russell Potter, President, and Mr. Jack Richards, Chairman, Site and
Hospitality Committees, Roanoke Valley Chess Club, appeared before
Council with regard to a rental fee proposed to be charged by the
Department of Parks and Recreation for use of City recreation facili-
ties.
Mr. Potter read a prepared statement advising that the history of
the Roanoke Valley Chess Club stretches back over 45 years, that during
that time, the Chess Club has been located in the City of Roanoke for
all but two of those years; and the Club provided both a once-a-week
m~'l"inn ,,"~,', ~'.,,-. 4-1., ...... .1 n,hl~r tn nlav rh~. nS well as tourna-
ments and special chess events on occasion.
Mr. Potter pointed out that the Chess C1 ub is a non-profit organi-
zation; that in its more than 45 year history, no member of the Club
has ever received compensation for services rendered to the community
in promoting chess, nor has the Club received or requested tax dollars
from the Department of Parks and Recreation to purchase equipment or
provide any type of service; that the basic agrem~ent which has been in
effect between the Roanoke Valley Chess Club and the Department of
Parks and Recreation has been of co-sponsorship, with the Chess Club
providing equipment and services to promote chess in the City of
Roanoke, in return for a rent free meeting place at a City recreation
facility for once-a-week meetings.
275
ACTION:
Mr. Potter advised that the Manager of the Department of Parks and
Recreation now proposes to charge a fee of $20.00 per night commencing
April 12, 1991 which, if implemented, would destroy the Chess Club in 20
weeks, inasmt~h as the Chess Club treasury contains approximately
$400.00. In addition, he pointed out that a copy of the Schedule of
Events has been mailed to hundreds of Roanoke area chess players, the
Virginia Chess Federation, and the United States Chess Federation which
would place the commitment and credibility of the Chess Club at extreme
risk due to loss of the Grandin Court Recreation Center facility
because the organization does not have sufficient time or financial
resources to inform everyone that the tournaments have been cancelled.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Harvey moved that the matter be referred to the City Manager
for study, report and recommendation to Council, and that Council
authorize waiver of the rental fee for use of City recreation facili-
ties by the Roanoke Valley Chess Club, pending receipt of the City
Manager's report. The motion was seconded by Mr. White and mani-
mously adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
LIBRARIES: Ms. Beverly Bury, City Librarian, appeared before
Council and presented information on the Summer Reading Program. She
also presented each Member of Council with bookmarks in commemoration
of National Library Week, and asked that Members of Council wear their
library pins in recognition of the occasion. She stated that the high-
light of the week will be the "Great American Read Aloud," in which
City representatives will participate in an effort to promote the
importance of family literacy. She advised that. on Wednesday,
April 10, schools and public libraries will .par.tic, i~pat~e..in the event,
locations, with the highlight of the event being the Second Annual
"Night of a Thousand Stars" at the Main Library, where Mr. Earl B.
Reynolds, Jr., Assistant City Manager, will serve as a celebrity
reader. On April 16, 1991, Ms. Bury explained that the library will go
on line with its automated system of checking books in and out of the
libraries, with over 400 items having been bar coded over the last
several months.
ITEMS RECOMMENDED FOR ACTION:
ROANOKE ARTS COMMISSION-ART ACQUISITION: The City Manager
submitted a written report advising that the Arts Council of the Blue
Ridge has requested that Council adopt a measure designating the Arts
Council as the appropriate agency for arts planning and information
dissemination in the City of Roanoke, which designation is required in
order for the Arts Council to apply for a "planning grant" from the
276
ACTION:
ACTION:
National Endowment for the Arts; that if awarded, the Arts Council
intends to develop the first cultural arts plan for the Roanoke Valley
community; and once the plan is completed, the Arts Council, as well as
other cultural/arts agencies, will be eligible to apply for program
funds from the National Endowment for the Arts which is a new source of
funds for these types of non-profit agencies given the severe reduc-
tion in state funds that they are currently experiencing.
It was explained that the request of the Arts Council has been
considered and approved by the City of Salem and the Counties of
Roanoke and Botetourt; and additionally, the request has been endorsed
by all of the cultural/arts agencies housed in Center in the Square,
the Roanoke Special Events Committee, the Southwest Virginia Opera, the
Virginia Muse~ of Transportation, the Roanoke Symphony Orchestra, and
the Harrison Museu~ of African American Culture.
The City Manager recommended that Council give favorable con-
sideration to the request of the Arts Council, advising that the matter
will not require any City funds.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
"A RESOLUTION recognizing the Arts Council of the Blue Ridge as
the appropriate organization to advise the Council on development of
the arts in the City of Roanoke."
Mrs. Bowles moved that the adoption of the Resolution. The motion
was seconded by Mr. Fitzpatrick.
Mr. Bowers inquired if the Roanoke Arts Commission had been con-
s~ted with regard to the recommendation; whereupon, the City Manager
advised that the matter had not received input from the Arts
Commission.
Mr. Bowers offered a sd~stitute motion that action on the report
Council 'on Monday, April 15, 1991, pending contact with the Roanoke
Arts Commission. The motion was seconded by Mr. White and unanimously
adopted.
HUMAN RESOURCES-YOUTH: The City Manager sd~mitted a written
report advising that the City of Roanoke, Roanoke County and the City
of Salem entered into a contract in January 1987, whereby said locali-
ties would jointly use Youth Haven ! and Youth Haven !! to provide non-
secure residential care for youth of the Roanoke Valley under terms of
the contract, with a per diem rate of $25.00 for the first 18 months of
operation; that the three jurisdictions have negotiated a new contract
which bases the per diem rate on the actual local operating expenses
for the prior fiscal year or based on a per diem rate established by
any Federal or State agency for the facility or program; and Title XX
represents Federal funds received by the Department of Social Services
to provide care for citizens.
m
277
It was further advised that Title XX vendor designation will
permit youth who are wards of the local Department of Social Services
to be placed at the facility and to be reimbursed under Title XX monies
allocated to the local departments; that the City of Roanoke, on behalf
of Youth Haven I, and the County of Roanoke, on behalf of Youth Haven
II, received Title XX vendor status in 1989 as established by the
Commonwealth of Virginia Department of Social Services' interdepart-
mental Committee on Rate Setting; and the rates are calculated after
considering the operating expenses, less grants and monies received
from State and Federal agencies; and the rate established by the com-
mittee for fiscal year 1991-g2 for Youth Haven ! is $30.41 per day and
$34.55 per day for Youth Haven I!.
it was explained that Youth Haven !I, operated by Roanoke County
has executed a contract with the Commonwealth of Virginia Department of
Social Services, and is currently eligible to receive children from
Roanoke City's Department of Social Services using Title XX funding for
reimbursement; and Youth Haven I has received a contract from the
Commonwealth of Virginia's Department of Social Services which has been
reviewed by the City Attorney's Office and needs to be duly executed
and returned to the State Department of Social Services.
The City Manager recommended that he be authorized to execute said
contract with the Commonwealth of Virginia Department of Social
Services.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30468-40891) A RESOLUTION authorizing a contract to be entered
with the Commonwealth of Virginia Department of Social Services for the
procurement of certain services at Youth Haven ! by the County of
Roanoke's Department of Social Services for fiscal year 1991-92.
(For full text of Resolution, see Resolution Book No. 52, page 260.)
u. I~if?n~f~irk moved the adoption of Resolution No. 30468-40891.
...... ---~oA bv the following
The motion was seconded by Mr. Harvey ~,,u
v ore:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White,
Bowers and Mayor Taylor- - ...... 7.
NAYS: None-
BUDGET-FIRE DEPARTMENT:
The City Manager sd)mitted a written
report advising that on December 17, 1990, Council designated
$20,000.00 in Capital Maintenance and Equipment Replacement Program
(CMERP) funds to provide for certain Municipal Fire Alarm System con-
duits and cable repair and replacement within the Central Business
District of the City, and funds were included for relocation of main
cables to the southwest, southeast, northwest, and northeast sections
of the City due to the Franklin Road and Second Street Highway Project;
278
ACT[ON:
and fire alarm system repairs/replacements/relocations will be
completed as small jebs and coordinated with the Virginia Department of
Transportation (VDOT) projects and repair of conduit runs and replace-
ment of cable will be completed as soon as possible, with competitive
bids to be taken for materials and underground contract work.
It was further advised that a main cable is defective and tem-
porary overhead lines have been installed to keep circuits in opera-
tion; that conduits and cable need to be repaired and replaced; that
temporary overhead lines are within designated underground area and are
not in strict compliance with policy; and highway project relocations
should start in the near future.
The City Manager recommended that Council approve the transfer of
$20,000.00 from General Fund Contingency - Equipment Replace-ment,
Account No. 001-002-9410-2202, to a capital account entitled, Fire
Alarms, to be established in the Capital Projects Fund by the Director
of Finance, to provide funds for the required purchase of cable, con-
duit repairs, conduit installation, and related items.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#30469-40891) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 General and Capital Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 261.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 30469-40B91.
The motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White,
Bowers and Mayor Taylor ....... . ............ 7.
NAYS: None ......... O.
BUDGET-SEWERS AND STORM DRAINS: The City Manager s~mitted a
written report in connection with purchase of a new rotor assembly to
repair the No. 7 blower unit at the Regional Sewage Treatment Plant,
advising that air to supply the aeration tanks is provided by blowers;
that-No.-7 blower unit is in need of a new rotor assembly; that the
price quote from the manufacturer is $45,143.00; that Dresser
-~-Industries is the only source practically available for the needed
part; that the existing rotor unit can be rebuilt at about the same
cost as the new unit; and labor to rebuild No. 7 Engine is being com-
petitively bid.
279
ACTION:
ACTION:
The City Manager recommended that Council authorize the purchase
of a new rotor assembly from Dresser Industries, thus enabling the
repair of No. 7 blower unit; and transfer $45,143,00 from Account No.
003-056-3150-2010, Fees for Professional Services, to Account No.
003-056-3155-2048, Maintenance of Equi pment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#30470-40891) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Sewage Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 261o)
Mr. Harvey moved the adoption of Ordinance No. 30470-40891. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser,
Bowers, White and Mayor Taylor ............... 7.
NAYS: None ..... O.
Mr. Harvey offered the following Resolution:
(#30471-40891) A RESOLUTION authorizing the purchase of a new
rotor assembly for the Regional Sewage Treatment Plant, upon certain
terms and conditions.
(For full text of Resolution, see Resolution Book No. 52, page 262.)
Mr. Harvey moved the adoption of Resolution No. 30471-40891. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser,
Rnwpr~_ White and Mavor Taylor ........ 7.
NAYS: None ..............
O®
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-TAXES: The Director of Finance sd~mitted a
written report transmitting a Revenue Compendit~n for the City of
Roanoke through fiscal year 1990 providing information on sources of
City general fund revenues, advising that the Compendiu~ groups each
revenue by classification and identifies the collecting department,
allocation formula, basis and current rate, due date, and a minimun of
28O
ACTION:
ACTION:
ten years history for major revenues. Mr. Schlanger explained that the
Fee Compendi~n is intended to serve as a resource tool to be used by
Council to familiarize itself with individual revenue sources and the
fiscal capacity of the City.
(For full text, see Revenue Compendi~ on file in the City Clerk's
Office.)
Mr. Bowers moved that the Revenue Compendi~ be received and
filed. The motion was seconded by Mr. White and unanimously adopted.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CITY CODE-DIRECTOR OF FINANCE: Ordinance No. 30461-40891 amending
and reordaining s~section (al of §2-179, Investment of surplus funds,
Code of the City of Roanoke (1979), as amended, en~nerating securities
in which 'City funds in excess of those required for immediate payment
may be lawfully invested, having previously been before the Council for
its first reading on Monday, April 1, 1991, read and adopted on its
first reading and laid over, was again before the body, Mr. Harvey
offering the following for its second reading and final adoption:
(#30461-40591) AN ORDINANCE amending and reordaining sd)section
(al of §2-179, Investment of surplus funds, Code of the City of Roanoke
(1979), as amended, en~nerating securities in which City funds in
excess of those required for immediate payment may be lawfully
invest ed.
(For full text of Ordinance, see Ordinance Book No. 52, page 257.)
Mr. Harvey moved the adoption of Ordinance No. 30461-40891. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles,
Bowers, White and Mayor Taylor .........
NAYS: None ........
Fitzpatrick, Harvey, Musser,
7.
-0.
INDUSTRIES: Ordinance No. 30464-40891 declaring the former
Douthat home located on City property acquired for the Roanoke Centre
for Industry and Technology as surplus to the City's needs, and
authorizing the City Manager to provide for removal of said structure
from the property by relocation or demolition, as more particularly set
forth in a report of the Water Resources Committee under date of
April 1, 1991, having previously been before the Council for its first
reading on Monday, April 1, 1991, read and adopted on its first reading
and laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
281
ACTION:
(#30464-40891) AN ORDINANCE declaring a certain structure located
in the roanoke Centre for Industry and Technology surplus and
authorizing its removal.
(For full text of Ordinance, see Ordinance Book No. 52, page 260.)
Mrs. Bowles moved the adoption of Ordinance No. 30464-40B91. Tile
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor .... · ......... 7.
NAYS: None ....
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
ACTION:
At 9:55 p.m., the Mayor declared the meeting in recess.
At 10:40 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COUNCIL: Mr. Bowers moved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey, Musser, White,
Bowers and Mayor Taylor .................................... 7.
NAYS: None ..............
There being no further business, the Mayor declared the meeting
adjourned at 10:42 p.m.
ATTEST: ~
~ ~City Clerk
APPROVED
282
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 15, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 15, 1991, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, dr., James G. Harvey,
II, Howard E. Musser, William White, Sr., David A. Bowers and Mayor Noel C.
Tayl or ......... 6.
ABSENT: Council Member Elizabeth T. Bowles .........
OFFICERS PRESENT:
Jr., City Attorney; Joel M.
City Clerk.
W. Robert Herbert, City Manager; Wilburn C. Dibltng,
Schlanger, Director of Finance; and Mary F. Parker,
The meeting was opened with a prayer by The Reverend Darryl G. Crim,
Pastor, North Roanoke Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for backwash water dechlorination facilities at the Carvins Cove Water
Filter Plant, said bids to be received by the City Clerk until
1:30 p.m., on Monday, April 15, 1991, and to be held, opened and read
before the Council at 2:00 p.m., on that date, or as soon thereafter as
the matter may be heard, the Mayor asked if anyone had any questions
............ ~, ~,=:,,:[,L fur OldS, and no representative present ralslng
any question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
BASE BID TOTAL
Breakell, Inc.
Montvale Construction Company
Hammond-Mitchell, Inc.
$19,000.00
23,370.00
25,500.00
283
m
ACTION:
ACTION:
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and adopted.
The Mayor appointed William White, Sr., Chairman, William F. Clark
and Kit B. Kiser as members of the committee.
ACTION:
PUBLIC HEARINGS
SCHOOLS: Pursuant to Chapter 9, Education, Section 9o20.1, Public
Hearing before appointments of School Board Members, of the Code ~
'~'ity of R6anoke (1979)', as amended; and also pursuant to motion of the
Cou:~cil adopted on Monday, February 11, 1991, and pursuant to action
taken by the Council on Monday, April 1, 1991, the City Clerk having
advertised a public hearing for Monday, April 15, 1991, at 2:00 p.m.,
or as soon thereafter as the matter may be heard, to receive the views
of citizens regarding appointment of three School Board Trustees for
terms of three years, each, commencing July 1, 1991, and ending
June 30, 1994, the matter was before the body.
Advertisement of the public hearing was published in the morning
and evening editions of the Roanoke Times & World-News, on Thursday,
April 4, 1991.
(See publisher's affidavit on file in the City Clerk's Office.)
Candidates for School Board Trustee positions to receive the
public interview on Thursday, April 25, 1991, commencing at 3:00 p.m.,
are as follows:
Marilyn C. Curtis
Garry A. Fleming
M. Wendy O'Neil
Velma B. Self
James M. Turner, Jr.
Harry R. Yates, Jr.
TLc l~d~,ur i,qu~rea it there were persons present who would like to
address Council with regard to the upcoming vacancies on the School
Board; whereupon, the following persons addressed the body.
Mr. Bayard E. Harris, 4455 Royal Oak Drive, S. W., spoke in sup-
port of the reappointment of Mr. James M. Turner, Jr., to the School
Board. He stated that Mr. Turner and his wife have children in the
Roanoke City Public School system, and they have demonstrated
leadership, not only as business people but as parents which is quite
significant. He further stated that the most important thing that
could be said of Mr. Turner is that he is a kind man; that in his busi-
ness, he makes difficult decisions, and he analyzes and makes fiscally
responsible and reasonable decisions. He pointed out that Mr. Turner
is not just a parent or just an educator, but he is the kind of person
who will have the best interest of students, faculty, parents and the
total community in mind.
284
Ms. Anne P. McClain, 3101 Maywood Road, S. W., spoke in support of
the reappointment of Ms. Velma B. Self to the School Board. She stated
that Ms. Self is a caring person; that she has worked with youth in the
City since coming to Roanoke; that she works with the Red Cross and the
Rescue Mission, she was instrumental in establishing a support group of
families with loved ones in the Persian Gulf, she is a leader in the
Christian Women's Club, and she is a strong advocate of the Roanoke
City Schools. She noted that Ms. Self knows how to energize, organize,
learn from past mistakes and move ahead. She advised that citizens of
Ms. Seif's calibre are needed on the School Board, with her expertise
and her knowledge, caring, energy, and con,non sense approach to
problems.
Ms. Patricia Witten, Chaiman, Central Council Parent-Teacher
Association, spoke in support of the reappointment of Ms. Velma B. Seif
to the School Board. She stated that from the very outset of her
appointment, Ms. Seif has been a contributing member to the School
Board, advising that there are mountains of documents that must be read
and it is very apparent that she does her homework. She pointed out
that being a School Board Member requires a considerable amount of
time, and she has represented the School Board at many functions in the
City, as well as throughout the State, and she has the time to par-
ticipate in these functions when others may not be as fortunate because
of their job responsibilities. She stated that Ms. Self is conmdtted
to excellence in education for all Roanoke City School children, and no
other applicant has spent as much time working in the schools with stu-
dents and teachers, having devoted over 20 years of volunteer service
to the schools. She pointed out that tlffe, energy, con~itment and
expertise are the four requirements that are essential for good School
Board members, and if Ms. Self could be rated on a scale of one to ten
in each of these areas based on her past three years performance, she
would receive a ten. She explained that the upcoming fiscal year will
be the most difficult that the schools have had to face for many years
because of b. udg. et cut backs; that the luxury of going back to basics
F~l&~v~ L,u ~,~.r*uc.~.;.~l 3c.J~uul ~udr'd m~,lmbers (Joes no1; exist; and people
should be appointed to the Board who are familiar with the needs of the
schools and the funding situation who are ready to be active par-
ticipants as soon as they are sworn in. She advised that Ms. Self has
been an excellent School Board member, and requested that she be reap-
pointed for another term.
Mr. James C. Impara, 3202 Pasley Avenue, S. W., spoke in support
of the appointment of Ms. M. Wendy O'Neil to the School Board. He
stated that Ms. O'Neil has a pulse on the Roanoke comnunity, having
served cn numerous boards, and she is currently serving as Executive
Director of the YWCA and in this capacity, she has an opportunity to
inner act with all segments of the con~nunity. He further stated that
as a member of various boards, she is familiar with budget issues and
finances on a daily basis. He explained that because of her background
with the public school system, she is aware of the mechanics of the
system and will be able to get things done. He stated that she is
dedicated to students and to education; that she has been a teacher and
a scout leader and continues to work actively in the "Odessey of the
Mind Campaign" on annual basis. For all of the above reasons, Mr.
Impara advised that Ms. O'Neil would make an excellent School Board
Trustee.
285
Ms. Harriet Lewis, Route 2, Box 180, Copper Hill, Virginia, spoke
in support of the application of Ms. O'Neil. She stated that Ms.
O'Neil would bring to the School Board the skills and capacities that
would help to meet the increasing challenges of the 1990's. She
further stated that where there are fewer hard dollars available from
traditional sources, the School Board must be ready and able to work
smarter and more creatively in stretching dollar resources while deve-
loping alternative funding sources, and Ms. O'Neil has experience in
this area and has demonstrated a keen ability to communicate the needs
of the schools and to convince others to join in collaborative efforts
to meet those needs. She advised that Ms. O'Netl is involved in com-
munity support agencies, and one of her priorities is meeting the needs
of the average student and securing additional support for at risk stu-
dents. She pointed out that Ms. O'Neil is able to analyze intricate
budgets, ask hard questions and listen attentively, her credentials are
impressive and her track record is compelling. She encouraged the
Members of Council to appoint Ms. O'Neil to the Roanoke City School
Board.
Mr. Edwin R. Feinour, 3711 Peakwood Drive, S. W., spoke in support
of the reappointment of Mr. James M. Turner, Jr., Ms. Velma B. Seif and
Ms. Marilyn C. Curtis to the School Board. He stated that he had the
opportunity to work with the abovenamed individuals during his tenure
on the Board and found them to be outstanding members who were tremen-
dous advocates of education in the City schools. He explained that
specifically, he would like to speak on behalf of Mr. Turner, having
worked closely with him while he was Chairman of the School Board. He
advised that Mr. Turner has been an outstanding leader of the school
system; that he has provided a link with the business co,unity in
trying to establish partnerships which have helped with certain finan-
cial needs of the schools, whether they be Magnet Schools, special edu-
cation programs, or programs for the average student, and above all, he
has been a tremendous advocate for the schools in the legislative pro-
cess. He stated that Mr. Turner understands the need for support from
~Gt ~,~ ~,,: ,u~a, ~uv:,,,,,~,,~, buL ',i&~ ............ Lu :,,~uurage a~di
ttonal support from the General Assembly. He con~aented that other than
being a strong leader, Mr. Turner has a willingness to be a good
listener, advising that he is the father of four children currently
enrolled in the school system, that he listens to teachers, he knows
the problems facing the school system, he listens to citizens, as well
as other members of the School Board and to the members of City
Council. He pointed out that Mr. Turner has been an excellent addition
to the School Board, and hopes that Council will see fit to reappoint-
merit him for another term.
The Reverend Ivory Morton, 3209 Forest Park Boulevard, N. W.,
spoke in support of the application of Ms. M. Wendy O'Neil. He advised
that much has been said about professional expertise; that one can have
all of the professional expertise one wants, but if one does not have
the care and concern for the people at heart, it is hard to say whether
or not one speaks for the people. He stated that Ms. O'Neil is the
kind of individual who is concerned about the average student -- the
student who has fallen by the wayside, and asked that Council take into
286
consideration her serious concern for the total community. He stated
that the fact that Ms. O'Neil has a sincere love of the Roanoke com-
munity should be recognized, especially inasmuch as she is an indivi-
dual who has not only the professional expertise, but has a God-fearing
heart to insure that there are productive students in the City of
Roanoke. He requested that Council consider what Ms. O'Neil has to
offer as a human being, along with her outstanding professional abili-
ties.
Mr. Lawrence W. Hamlar, President, Hamlar-Curtis Funeral Home,
spoke in support of the reappointment of Ms. Marilyn C. Curtis to the
School Board. He pointed out that Ms. Curtis had four children who
were enrolled in the public school ~ystem. He stated that she is
conscientious, dedicated, interested in what is good for Roanoke, and
especially interested in what is good for the children in the public
school system. He urged that Council reappoint Ms. Curtis to another
three year term on the Roanoke City School Board.
Mr. Jeffrey R. Sandborg, 1611 Windsor Avenue, S. W., spoke in sup-
port of the application of Mr. Garry A. Fleming for appointment to the
School Board. He stated that he has known Mr. Fleming for four years
as a colleague, neighbor and friend. He further stated that at Roanoke
College, he is highly respected and well liked by faculty and students
alike as a tenured professor of economics; and as a neighbor and
friend, he is an extremely active and caring member of the comnunity
and his church. He advised that Mr. Fleming is an unusally friendly,
talented and effective educator, who would make a superb choice for
this important position at this most important moment in time, and
urged Council's careful consideration of his candidacy.
Mr. Basil O. Bratton, 801 Rutherford Avenue, N. W., spoke in sup-
port of the reappointment of Ms. Marilyn C. Curtis. He stated that he
has known Ms. Curtis for approximately six years, and her interest in
the students is genuine. He further stated that Ms. Curtis wants to
d?_.~: ~t'.'d"..".t~ to ~,~-, Lu ~L Li,~,, k,uw ~ha~ she is ~her~ To listen and
to help them in any way that she can. He advised that reappotntment of
Ms. Curtis to the School Board would be one of the best things that
City Council could do for the public school system.
Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., Recording
Secretary of the YWCA and Chairman of the Conmnuntty Relations
Committee, advised that the YWCA endeavors, through its leadership, to
empower women and enable them to participate in the growth and enhan-
cement of the Roanoke Valley. She pointed out that she supports the
appointment of Ms. M. Wendy O'Neil, advising that Ms. O'Neil has made a
difference in the life of the con, unity where she has initiated new
programs at the Virginia Girl Scout Council, she assisted in the pro-
curement of a $3.4 million grant for the Roanoke City School system,
she has served as Executive Director of the YWCA where she made a dif-
ference in its image, programming, staff, etc., while at the same time
building ca~raderie and teamwork. She pointed out that as a member
of the School Board, she would bring to the position her knowledge of
287
fu Jraising and grant writing, her ability for fiscal reflection and
development of new resources, her experience in management and team
building, and her viewpoint as Executive Director of a non-profit orga-
nization. She advised that Ms. O'Neil is willing to work for the
Roanoke City Schools and believes that she can make a contribution in
order to provide the best possible quality of education for the stu-
dents of the Roanoke City Public Schools. She stated that the Board of
Directors of the YWCA endorses and supports the application of Ms.
O'Neil for appointment to the Roanoke City School Board.
Mr. L. Pat Ferrance, 2262 Windsor Road, S. W., spoke in support of
the application of Mr. Garry A. Fleming. He called attention to Mr.
Fleming's concern for the City and for the school children of Roanoke,
advising that Mr. Fleming is a "doer" who will bring a certain amount
of professionalism to the job. In the days ahead, he pointed out that
Roanoke City and the Roanoke City School Board will be faced with a new
crisis unlike any it has ever faced before in the financial funding of
public schools, advising that he has been impressed with Mr. Flemtng's
wisdom and his ability to address these issues, and recon~nended him for
Council's favorable consideration.
Ms. Gerry Rogers, 3734 Lake Drive, S. W., spoke in support of the
reappointment of Mr. James M. Turner, Jr. She advised that as a mother
and educator, she is committed to the best educational experience
possible for not only her children, but for all children in the Roanoke
City School system. She stated that she has known Mr. Turner for 13
years, and knows him to be a person who is dedicated to the sm~ educa-
tional values and objectives that she holds. She noted that Mr. Turner
is a native of Roanoke City where he attended the Roanoke City schools
throughout his life, and he currently has four children enrolled in the
City's school system. She pointed out that as Chief Executive Officer
of a major contracting firm, he has demonstrated his capacity for
running a business, which knowledge and expertise will enhance his abi-
lity in serving on the School Board; and as an employer, he relies on a
highly diverse and educated pool of workers and, therefore, as a School
Gw,-d ,~,,bur-, he will support all educational avenues that will help to
achieve his objectives. She emphasized the need for continuity of
School Board membership, inasmuch as the long-term goals and commit-
ments of any board are brought about by the continual involvement of
board members who are knowledgeable and able to follow through with
board objectives. She advised that it is a complicated and difficult
task to carry out the goals and programs of the School Board; that the
challenges that face the City schools are enormous, and will only be
met by capable and committed people like Mr. Turner who has six years
of experience as a Board member and has served several terms as
Chairman of the School Board. She urged that Council support the reap-
pointment of Mr. Turner to the Roanoke City School Board.
Mr. John R. Light, 2702 Avenham Avenue, S. W., spoke in support of
the reappointment of Mr. James M. Turner, Jr. He stated that he sees
Mr. Turner as a significant part of the continuing education process in
Roanoke, and his services are needed for future. He stated that he is
the most experienced member on the Board; that he has connections with
288
the business con, unity; that he is analytical, works hard and most
importantly, he has capably performed his duties and responsibilities.
He added that Mr. Turner is a working Board Chairman, not an honorary
chairman, and requested that Council reappoint him for another term on
the School Board. He asked that Council put its politics aside and
vote for the children of the City of Roanoke.
Mr. John H. Saunders, 3250 Allendale Avenue, S. W., spoke in sup-
port of the reappointment of Mr. James M. Turner, Jr. He stated that
he returned to Roanoke City largely because of the quality of education
provided by the Roanoke City Public Schools, advising that he was
living in a suburb of Boston, Massachusetts, and did not wish to have
his children educated in a northeastern school system. He further
stated that Roanoke's school system is progressive, it accon~odates
children from a wide array of backgrounds and needs, and it is a most
enlightened system. He explained that he supports Mr. Turner's reap-
potntment because of his extensive experience on the School Board, and
because of his business management experience and discipline that can
be applied to meeting the School Board's budget problems in the future.
He con~nented that the fact that he has children in the system at
various stages provides him with a unique perspective and a sensitivity
to the needs of students at a variety of ages. He pointed out that Mr.
Turner has extensive leadership qualities that motivate others to get
involved and work within the system toward improvements. He stated
that the next three years will be critical to the School Board because
of the selection or reappointment of a Superintendent, but even more
important, will be the situation with respect to the budget crisis. He
advised that people are needed with Mr. Turner's experience, con~nitment
and perspective on the Roanoke City School Board, and urged that
Council reappoint him for another three years.
Ms. Sadie K. White, Route 2, Box 295, Hardy, Virginia, a retired
teacher from Teaneck, New Jersey, and currently a volunteer at Hurt
Park Elementary School, spoke in support of the reappointment of Ms.
Martlyn C. Curtis. .~h~
person, and she is sensitive to the needs of children, both educa-
tionally, emotionally and financially; that she is pragmatic, and she
is an astute business woman, which is important in dealing with budget
issues. She advised that Ms. Curtis has served diligently and suc-
cessfully on the School Board for the past three years; that she is an
asset to the Board, and having served for three years, she has a good
insight as to what is necessary in order to administer a good school
budget; that she has a pleasing personality and with her religious
attitude, she gets along well with everyone. She highly recommended
Ms. Curtis for reappointment to the School Board.
Dr. John Jofko, 343~ West Ridge Circle, S. W., advised that he
appeared before Council to discuss the issue of what is good for the
City of Roanoke and not in support of any specific candidate. He
stated that he would like to talk about the poor, the underdog, those
who have very little ability to learn skills and to make a decent
living. He further stated that a multitude of studies in this City,
both statewide and nationwide, indicate that the development of marke-
table skills for those who do not matriculate into a four year college
289
m
is lacking in intensity and in depth of curriculum and acts as a
deterrent to the very fabric of society. He advised that education is
more than likely the initial step, and Roanoke is in a unique position
to initiate a meaningful first step in educating students, not only in
high tech but also in marketable skills where an individual can make a
decent living. He explained that perhaps a school within a school
similar to a college within a university may be the best route for the
future. He stated that the most important attribute of a nominee for
the School Board is a pregnant idea followed through gestation. He
asked that Council think of tile average and the above average child who
receives all of the awards and all of the publicity, advising that it
is the other half that needs attention in order to make the City of
Roanoke a better place to live.
The Mayor requested that the City Clerk read a communication from
Ms. Mary Lear, 1318 Crescent Street, N. W., in support of the appoint-
merit of Ms. Velma B. Self. Ms. Lear advised that Ms. Seif has always
worked for the good of all children, and requested that Council give
her application for reappointment favorable consideration.
(For full text, see communication on file in the City Clerk's Office.)
m
ACTION:
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. With regard to item C-4
on the Consent Agenda pertaining to including the name on the War
Memorial of Mr. Terry Plunk, who was killed in active duty during the
Persian Gulf crisis, Mr. Musser advised that the War Memorial Committee
has worked diligently in order to include Mr. Plunk's name on the
memorial prior to Memorial Day services scheduled to be held on Monday,
may ~, ~i, ~[md L~,~ War ;%,,,u,',a, Cu,,,,;LL:~ will ,,:~L idler ~nis mont~
to ratify said action. Therefore, he requested that the item be
withdrawn from the Consent Agenda; whereupon, Mr. Bowers concurred in
the request.
SCHOOLS: A communication from Mr. E. H. Cassell, Jr., advising
that due to personal reasons, he would like to withdraw his name from
consideration as a candidate for the position of School Board Trustee,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the communication be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
290
ACTION:
ACTION:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor ...................... 6.
NAYS: None ................................
Om
(Council Member Bowles was absent.)
REAL ESTATE VALUATION: A communication from Mr. Von W. Moody,
III, Director of Real Estate Valuation, tendering his resignation,
effective May 13, 1991, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the communication be received and
filed, and that the resignation be accepted with regret. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor ...................... 6.
NAYS: None .......................................
(Council Member Bowles was absent.)
BUSES-ADVERTISING: A status report with regard to a request of
Mr. David Henderson to install benches with advertising along Valley
Metro bus routes, which request was received by Council on Monday,
January 28, 1991, and referred to the City Manager, City Attorney and
General Manager of Valley Metro for report, was before the body.
The City Manager advised that certain primary desired locations
were determined to be located outside the limits of the City of
Roanoke; that many desirable locations may be ruled out by prohibition
of off-premises signs in certain zoning districts; and Mr. Henderson
has agreed to re-~v,l,,,+~ ~ ........
....... ,,,..,.,.,,. Lu ~ermine '~'r ne Wishes to pur-
sue the idea prior to City staff developing criteria for consideration
by Council of a likely request for bid package for franchise rights.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the status report be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor ................................ 6.
NAYS: None ..........
(Council Member Bowles was absent.)
m
ACTION:
ACTION:
ACTION:
BUILDINGS (BUILDING MAINTENANCE DIVISION OF THE CITY'S BOARD OF
BUILDING CODE APPEALS): A report of qualification of Ms. Mary C. Maier
as a member of the Building Maintenance Division of the City's Board of
Building Code Appeals, for a term ending November 10, 1995, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mr. Harvey and adopted by the
fol 1 owing vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor .................................. 6.
NAYS: None ....................................
(Council Member Bowles was absent.)
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES BOARD OF DIRECTORS): A
report of qualification of Mr. Onzlee Ware as a member of the Mental
Health Services Board of Directors, to fill the unexpired term of Ms.
Hortense W. Ruddick, resigned, ending December 31, 1992, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mr. Harvey and adopted by the
fol 1 owing vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor .......................................... 6.
NAYS: None ................................
(Council Member Bowles was absent.)
HOUSING (FAIR HOUSING BOARD): A report of qualification of Mr.
G. David Nixon as a member of the Fair Housing Board for a term of
three years, ending March 31, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor .................................... 6.
NAYS: None ......................
(Council Member Bowles was absent.)
291
292
ACTION:
INDUSTRIES (INDUSTRIAL DEVELOPMENT AUTHORITY): A report of quali-
fication of Mr. J. Darryl Burks as a member of the Industrial
Development Authority, for a term ending October 20, 1994, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report of qualification be received
and filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor ...................................... 6.
NAYS: None---
(Council Member Bowles was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET: The City Manager presented a balanced City of Roanoke
fiscal year 1991-92 budget, in the amount of $152,090,022.00; advising
that the budget is balanced against revenue totaling $152,090,022.00.
::c po~,~t~J vuL L;,oL ~he ~cnoom uu~get has been increased in comparison
to the July 1, 1990 adopted budget by $470,917.00 or up 0.74%. He
stated that in contrast, the City budget compared against the current
operating year, is down $416,530.00 or 0.47%, and the total General
Fund budget is up $54,000.00. He advised that the City's revenues from
primarily the State Government will decrease this year by $2.7 million
or 4.8% and historically, those funds have increased on an average of
6.3%. He explained that the impact of the nation's recession can be
seen in Roanoke; and Roanoke's locally generated tax revenues are esti-
mated to increase by $2.7 million or 2.9% compared to a typical average
increase of approximately 5.9%. He further explained that if the
City's budget had increased by the typical total revenue increase that
it experienced on the average over the last ten years, the City would
have an additional $9,270,000.00 in next year's budget, however, in
stark contrast is the fact that $54,000.00 is actually what the City
will receive next year. He referred to certain actions taken by
Council in November, 1990 to deal with the proposed budget shortfall,
as well as a brief description on the impact of the General Fund budget
293
on the Transportation Fund. He also referred to sections B, C, D, E
and F on page 5 of the 1991-92 budget document with regard to the
method of providing pay increases during the 1990-91 fiscal year, and
does not include a pay increase for City or School employees during
fiscal year 1991-92. He pointed out that retirement contributions are
up, FICA has gone up, and a 20% increase is anticipated in the Hospita-
lization account in the last six months of this year. He stated that
it is recommended that 18 ful)-time equivalent vacant General Fund
positions be unfunded, as follows:
one vacant Tax Compliance Administrator position in
Billings and Collections;
two vacant Building Inspector positions in Building
Inspections;
one vacant Tax Clerk II position
Commissioner of Revenue's Office;
in the
twelve full-time equivalent positions in the Fire
Department (it is recommended that manpower be
redistributed in the Fire Department to accommodate
the manning of the 460 East Fire Station);
one vacant Treasurer Clerk
Treasurer's Office; and
position in the
one vacant position in the Municipal Auditor's
Department.
Mr. Herbert called attention to a small reduction in the budget of
the Clerk of the Circuit Court, as well as Emergency Medical Services;
advising that Grounds Maintenance has proposed the elimination of 3.8
full-time equivalent positions which calls for continuation of the
first leaf pickup and requires that citizens be requested to bag their
City crews will stretch the amount of ti~ from 14 to 16 days for
cutting ~dian strips and ~sidential st~et sweeping. He stated that
other budget cuts will co~ in a number of categories, all of which a~
tolerable. He ~fer~d to the Volunteer Retire~nt Incentive Program
which will be mco~nded to Council and will project a cost savings of
$275,000.00. Referring to page 10 of the budget docu~nt, Mr. ~rbert
called attention to a number of operating expenditu~s that go up and
d~n. Specifically, he ~fer~d to Contributions and Subsidies, indi-
cating thee specific a~as whe~ certain mductions ~re ~de; viz:
the Regional Partnership Program, subsidies to E~rgency ~dical
Services, and Virginia Cooperative Extension Service. With ~gard to
those a~as that ~re not changed, he ~ferred to Total Acti~ Against
Poverty, the Harrison Museum of African A~rican Cultu~, the Virginia
294
Museum of Transportation, Mental Health Services, Citizens' Services
Com~nittee, and Center in the Square, etc., advising that he was pleased
to have protected those organizations from not only the budget cuts
that were made in November, 1990, but also in the proposed 1991-92
fiscal year budget.
The City Manager called upon the Director of Finance to present
revenue estimates; whereupon, Mr. Schlanger advised that for fiscal
year 1991-92, the City of Roanoke will actually receive from the
Conmnonwealth of Virginia, $2.7 million less than last fiscal year, or a
decrease of 4.8%. He stated that the revenue category also represents
approximately 36% of the City's entire General Fund, which is a total
of approximately $54 million. He advised that reductions are detailed
in the budget document under Roman Numeral Nos. 14 and 15, advising
that school revenues were hit in many areas, for a total loss of $1.4
million. He pointed out that the City sustained a net decrease of $1.3
million in social services, shared expenses for Constitutional Offi-
cers, street maintenance, and law enforcement money, for a total inter-
governmental loss of $2.7 million. He explained that local revenues
have grown at an average of 5.9% over the past ten years, however, this
year he is estimating that Roanoke's local revenue will grow only 2.9%
over last year. He reviewed other major revenue categories as
explained under Roman Numeral No. 16 of the budget document. He
stated that the estimate he will certify at budget time, which is his
responsibility under provisions of the City Charter, is that total
revenue to the General Fund will grow only .04% or $54,000.00 over last
year's adopted budget. He expressed concern over the national economy,
as well as the City's economic situation, because the City has many
problems to face and many challenges to meet. Mr. Schlanger advised
that some persons have said that his estimates are too conservative,
however, to that statement he would say that his 15 year track record
of revenue projections for the City has averaged a total difference of
less than one percent. He further advised that some persons have
questioned why the City of Roanoke is not as bad off as some other
cities, and to that statement he would respond that most cities have
usea aou~le ~igi~ ~ncreases each an~ every year, and w~en the bottom
falls out, they fall even farther. He stated that the City of Roanoke,
because of the policy it has undertaken to be conservative, has
lessened its fall this year.
The City Manager called attention to the validity of the statement
that the budget is simply a planning document, or a financial snapshot
of the City from July 1, 1991, to June 30, 1992, and represents only
one part of the continuum over the long term, the past five years and
the next five years as Council addresses issues that are crucial to
Roanoke's success. He stated that Council will address actions that
will not only help the City to weather these difficult times, but will
position the City for the future. He pointed out that this year, City
staff made a conscientious effort to maintain services and programs
in order to reduce any type of negative impact on the citizens. He
added that citizens will see certain impacts with fewer City employees
m
available to deliver services and pledged that the City will endeavor
to maintain crucial services with fewer employees, however, the City
will be unable, in some cases, to respond to certain small special
requests, and asked for Council's understanding and support during the
upcoming year. In conclusion, the City Manager stated that while the
State's economic problems are having a negative impact on local govern-
ment services, the City of Roanoke is committed to weathering these
conditions and to keeping in place the framework that makes Roanoke the
good place that it is to live and work.
(For full text, see proposed fiscal year 1991-92 budget on file in the
City Clerk's Office.)
Following remarks of the Mayor and Members of Council, the Mayor
advised that the public hearing on the proposed 1991-92 fiscal year
budget and tax rates for the City of Roanoke will be held on Monday,
April 22, 1991, at 7:00 p.m., and 7:15 p.m., respectively, in the
Exhibition Hall of the Roanoke Civic Center.
At 4:10 p.m., the Mayor declared the meeting in recess.
At 4:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
ITEMS RECOMMENDED FOR ACTION:
ART ACQUISITION-ROANOKE ARTS COMMISSION: The City Manager sub-
mitted a written report with regard to a request of the Arts Council of
the Blue Ridge to be designated as the appropriate agency for arts
planning and information dissemination.
It was advised that the designation is required in order for the
Arts Council to apply for a "planning grant" from the National
Endowment for the Arts; that if awarded, the Arts Council intends to
develop the first cultural arts plan for the Roanoke Valley community;
....... ~- ~,,~ pi~,; ~ ~u,,,~,:C~u, ~,,: ~,~ ~vuF, c~l, .... ;l &3 ~...~-~'~'".
cultural/arts agencies, will be eligible to apply for program funds
from the National Endowment for the Arts.
It was explained that the request has already been considered and
approved by the City of Salem and the Counties of Roanoke and
Botetourt; and endorsed by all of the cultural/arts agencies housed in
Center in the Square, the Roanoke Special Events Committee, the
Southwest Virginia Opera, the Virginia Museum of Transportation, the
Roanoke Symphony Orchestra and the Harrison Museum of African American
Culture.
The City Manager recommended that Council support the request of
the Arts Council of the Blue Ridge to be designated as the appropriate
agency for arts planning and information dissemination.
(For full text, see report on file in the City Clerk's Office.)
?95
296
ACTION:
Council, at its last regular meeting on Monday, April 8, 1991,
having inquired if the request had received input from the Roanoke Arts
Commission, the City Manager presented copy of a con~nunication from Mr.
Timothy L. Jamieson, Chairman, supporting the request of the Arts
Council, advising that the Arts Council is the agency in the Roanoke
Valley which directs activities within the arts community; that it is
the agency that should facilitate a "Con~aunity Cultural Plan" for the
Valley; and a master plan is needed to provide a focus for the arts,
especially during the current downswing in the economy.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#30472-41591) A RESOLUTION recognizing the Arts Council of the
Blue Ridge as the appropriate organization to advise this Council on
development of the arts in the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 52, page 265.)
Mr. Bowers moved the adoption of Resolution No. 30472-41591. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor .... c ................... 6.
NAYS: None ...................
(Council Member Bowles was absent.)
CITY EMPLOYEES-PENSIONS: The City Manager and the Director of
Finance submitted a joint written report with regard to the Voluntary
Retirement Incentive Program.
It was advised that a recommendation was being ottereo as a part
of the total budget package to adjust to significant reductions in
State revenues, and a temporary slowdown in the local economy; that
State revenues represent one-third of the City's General Fund revenues
and are projected to decrease by five per cent for fiscal year lg91-92;
and in order to minimize the impact of service reductions to citizens
and hardships on City employees, a Voluntary Incentive Program was
developed for Council's consideration.
It was further advised that the Program will facilitate the down-
sizing of the City's work force, reduce future operating costs and
contribute to possible reorganization for the delivery of City ser-
vices; and all vacancies created will be subject to a hiring freeze,
unless the City Manager considers the position vital to the delivery of
essential services to the City of Roanoke.
It was explained that this type of program was introduced in the
mid-1970's by the private sector, and spread to the public sector
approximately ten years ago, and has been widely used in Virginia; that
the recommended program is based on sound financial and administrative
297
assumptions; that the recommended program is being offered only to
employees currently eligible for normal service retirement =- possibly
giving the long-term dedicated employees the ability to retire, which
is positive for City employees inasmuch as it offers the financial
incentive to retire at an earlier age, and promotional opportunities
may be available for remaining employees for certain positions deemed
essential.
It was further explained that the program is a one-time voluntary
retirement benefit; that eligible employees who choose to retire within
a two-month "window of opportunity" (from April 22, 1991 through
June 21, 1991) would receive one-time incentives, with the above dates
being strictly adhered to; that eligible employees who choose to retire
could have their benefit calculated on their current salary, as opposed
to a three-year average for Employees' Supplemental Retirement System
or highest 12 consecutive months for the Employees' Retirement System,
or they could choose to receive a credit of more years of service based
on 1.5 months of additional service for each year of actual service
(rounded up to the next full year) and added to actual creditable ser-
vice.
It was pointed out that the employee must meet eligibility
requirements for normal service retirement as of July 1, 1991, as
defined by the Roanoke City Code (1979), as amended; that actual
retirement date for employees who choose to retire under the program
will be the close of business on July 2, 1991; that employees who
voluntarily elect to retire may be requested, in writing by the City
Manager, to delay receipt of their pension allowances, and continue
employment at regular salary, but no later than December 31, 1991,
which would be only for positions deemed necessary for the delivery of
essential services.
Mr. Herbert and Mr. Schlanger advised that the City's health care
provider must continue coverage under the federal COBRA plan for up to
18 months after employees leave the City at the employee's expense, and
coverage also applies to dependents; that a11 employees who choose ~o
retire can revoke/withdraw their application within seven calendar days
of the date of execution of the voluntary retirement application; that
long-term cost of the program was vital in determining the recon~en-
dation to Council; that one of the essential elements was offering the
program only to employees currently eligible for normal service retire-
ment; and current eligibility for normal service retirement is very
important since each employee covered under the program could retire
today if they so desired.
It was advised that from survey results, those employees who
stated that they "would accept" the program, if offered, total 55; that
cost for the first year totals $162,770.00; that as each month passes
and individuals become 65 years of age, the supplement ends, thus the
actual yearly cost will diminish each year with the first year being
the highest; and the total cost to this group of employees to age 65
would be $1,165,600.00.
298
ACTION:
It was further advised that 49 employees stated that they "would
consider" the program; that if all of these employees accepted the
program, the actual cost would be $153,600.00 per year and an addi-
tional $1,279,150.00 over their eligibility period to age 65; that
amortizing the actual cost each year for those employees who in the
survey stated they "would accept" would add an additional .25% to the
current actuarial rate of 12.39%; that if all those employees who
stated they "would consider" accepted the plan would add another .27%,
which equates to $115,563.00 additional funding the first year for the
"would accept" group, and $125,474.00 for the "would consider" group, a
total cost of the program of $115,563.00 for the "would accept" group,
and if one assumes that 45% of the "would consider" group decides to
take advantage of the program, there would be an additional cost of
$56,463.00.
The City Manager and the Director of Finance reconmended the
Voluntary Retirement Incentive Program, advising that should Council
accept the recommendation, the program will be carefully monitored and
exact savings/costs will be provided to Council at the end of fiscal
year 1992.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#30473-41591) Afl ORDINANCE authorizing a Voluntary Retirement
Incentive Program; establishing the terms and conditions of such
Program; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 265.)
Mr. Musser moved the adoption of Ordinance No. 30473-41591. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor ..................................................... 6.
NAYS: None ..................................................... n
{¢ouncll Member Bowles was absent.)
WATER DEPARTMENT-CONSULTANTS' REPORTS: The City Manager submitted
a written report advising that Falling Creek Filter Plant renovations
were approved by Council on June 25, 1990; that the filter plant was
shut down, and the site was turned over to the contractor on
September 1, 1990, with construction time to expire on August 13, 1991;
that the Federal Dam Safety Act requires inspections and reinspection
of the City's three dams; that the Dam Retnspectton contract was
authorized with Hayes, Seay, Mattern & Mattern by Council on Tuesday,
February 22, 1988; that modifications of Falling Creek Dam spillway are
299
required in order to safely pass ten per cent of the Probable Maximum
Flood; that the current spillway has dimensions of approximately 20
feet in width by six feet high, and new dimensions will be approxima-
tely 48 feet in width by six feet high; and Falling Creek Dam has been
drained and is out of service due to renovation work authorized at the
treatment plant and intake structure.
It was further advised that estimated cost to design the spillway
modifications and obtain the necessary permit is approximately
$42,810.00, in accordance with a communication under date of April 8,
1991, from Hayes, Seay, Mattern and Mattern, with the fee being nego-
tiated; that treated water is urgently needed from said water source;
that negotiations are underway to reach a bonus to be paid for each day
the contractor finishes the Falling Creek Filter Plant renovations
earlier than the contract time limit; that results of the negotiations
are proposed to be reported to Council in the form of a recommended
change order to the contract; that the Town of Vinton has offered to
sell water to the City, u~ to two million gallons per day, to the
extent that water is available, at the same cost charged by the City
for water; and an emergency requiring immediate action exists because
the need for water is immediate and critical to minimize the possibi-
lity of citizens being out of water for short periods of time this
The City Manager recommended that Council concur in the following
re conmmn dati on:
Notify Hayes, Seay, Mattern and Mattern to imme-
diately proceed on an emergency procurement basis
with the spillway modifications.
Complete negotiations with Hayes, Seay, Mattern and
Mattern and recommend an amendment to the 1988
contract.
Provide spillway modification plans to the current
site contractor and ask for a quote potentially to
be reconmmnded to Council as a change order.
Cu,,,pi:~e early completion bonus negotiations with
the contractor and recommend the appropriate
contract change order on an emergency procurement
basis to Council.
Submit a recommendation to Council requesting
authority and funding to purchase water dn an
emergency basis from the Town of Vinton.
(For full text, see report on file in the City Clerk's Office.)
300
ACTION:
Mr. Fitzpatrick offered the following Resolution:
(#30474-41591) A RESOLUTION authorizing the execution of an
anendment to the existing contract with Hayes, Seay, Mattern and
Mattern to provide for modifications to the Falling Creek Dam Spillway,
upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No, 52, page 267.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30474-41591.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor .................. 6.
NAYS: None ..................................................... O.
(Council Member Bowles was absent.)
CITY EMPLOYEES-PUBLIC WORKS: The City Manager submitted a written
report concurring in a report of a bid committee with regard to rental
of uniforms and purchase of hats for City employees.
The bid committee recommended that Council authorize execution of
a contract, subject to approval by the City Attorney, for the rental of
employee uniforms and the purchase of hats, as follows:
Rental of employee uniforms for designated City
employees from Aratex Services, Inc., for a period
of one year, with an option to renew for two addi-
tional years, for a cost of $4.15 per employee, per
week.
Purchase 1500 baseball style hats from Collegiate
Pacific. Inc.. in the tntn] nmn,nf nF t~ N~g nO.
Transfer $16,395.00 from fiscal year 1990-91
Contingency - Supplemental Budget - Employee
Uniforms, Account No. 001--002-9410-2206, to the
following accounts:
$4,915.00 to Grounds Maintenance, Account No.
001-050-4340-2064
$51.00 to Juvenile Detention, Account No.
001-054-3320-2064
$532.00 to Signals & Alarms, Account No.
001-052-4160-2064
301
ACTION:
ACTION:
$4,789.00 to Refuse Collection, Account No.
001-052-4210-2064
$3,142.00 to Street Maintenance, Account No.
001-052-4110-2064
$2,331.00 to Buildin9 Maintenance, Account No.
001-052-4330-2064
$203.00 to Con~nunications,
001-052-4130-2064
Account No.
$432.00 to Custodial Services, Account No,
001-052-4220-2064
Reject all other bids received by the City.
(For full text, see )~ports on file in the City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30475-41591) AN ORDINANCE to amend and reordain certain sections
of the 1990-91 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 268.)
Mr. White moved the adoption of Ordinance No. 30475-41591. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor ............................. 6.
NAYS: None ..................
tCouncil Member Bowles was absent.)
Mr. Fitzpatrick offered the following Resolution:
(#30476-41591) A RESOLUTION accepting certain bids made to the
City for providing employee uniforms and hats for designated City
employees, and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 52, page 269.)
Mr. Fitzpatrick moved the adoption of Resolution No. 30476-41591.
The motion was seconded by Mr, White and adopted by the following vote:
302
ACTION:
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor ......... 6.
NAYS: None ............
Oe
(Council Member Bowles was absent.)
CITY ATTORNEY:
CITY CODE-POLICE DEPARTMENT-DRUGS: The City Attorney submitted a
written report advising that last year the General Assembly authorized
an increase in the maximum penalties for certain classifications of
state and local misdemeanors; that one change increased the State
penalty for Class I Misdemeanor violations from $~,000.00 to $2,500.00;
that unfortunately at the time, the $1,000.00 cap for violations of
local ordinances was not increased; however, he was pleased to report
that the General Assembly has recently increased the $1,000.00 cap on
local penalties and this legislation which was enacted on an emergency
basis is now effective.
It was further advised that action of the General Assembly removes
a technical problem which formerly existed in the State Code; that the
statute which authorized localities to prohibit driving under the
influence of alcohol or drugs (DUI offenses) provided that the penalty
for local violations could not be less stringent than those set forth
in the State Code; and since the local cap has been removed, the poten-
tial objection to charging DUI offenses under local ordinance has been
removed.
The City Attorney recommended adoption of measures raising the
maximum fine for Class I Misdemeanor violations from $1,000.00 to
$2,500.00, and reenacting the section of the City Code dealing with DUI
offenses.
Mr. Harvey offered the following emergency Ordinance:
(#30477-41591) AN ORDINANCE to amend and reordain §1-10,
Classification of and penalty for violations; continuing violations,
'and to reordain §20-5~, Drivin~ while under the tnfluence of alcohol or
drugs; adoption of state law, of the Code of the City of Roanoke
['1979), as amended; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 269.)
Mr. Harvey moved the adoption of Ordinance No. 30477-41591. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
303
AYES: Council Members Fitzpatrick, Harvey, Musser, White, Bowers
and Mayor Taylor .................................... 6.
NAYS: None .....
(Council Member Bowles was absent.)
At this point, 4:25 p.m., Council Member White left the meeting.
REPORTS OF COMMITTEES:
RADIO/TELEVISION: Vice-Mayor Howard E. Musser, Chairman of the
Roanoke Regional Cable Television Committee, presented a written
report on behalf of the Committee, advising that the proposed cable
television ordinance and franchise agreement has been finalized; that
the proposed new cable franchise represents an improvement in the level
of cable television service that will be provided to the citizens of
the City of Roanoke; and several significant provisions in the proposed
franchise are as follows:
The franchise fee paid by Cox Cable Roanoke, Inc.,
(Cox) (currently four per cent of gross revenues),
will be raised to five per cent of gross revenues.
Cox has agreed to provide a capital 9rant totaling
$480,000.00 over the first four years of the
franchise to be used for access purposes.
Cox has agreed to upgrade the cable system
utilizing fiber optic technology to provide 62
channel s.
Cox has agreed to construct a separate institu-
tional network which will enable educational and
governmental programming to be placed on the main
Cox has agreed to provide basic service without
charge to each government building, fire station,
police station, library and school academic
building within the City.
Cox has agreed to a 12-year franchise consisting of
two {2) six-year terms with performance evaluation
at the conclusion of the first six-year term.
Cox has agreed to substantial consumer service and
standards, as well as enforcement provisions.
Vice-Mayor Musser further advised that the cable television docu-
ments are being proposed in substantially identical form to the City of
Roanoke, Roanoke County, and the Town of Vinton; that the ordinance
includes provisions for the establishment of a new Roanoke Valley
304
ACTION:
ACTION:
Regional Cable Television Con)nittee for the purpose of monitoring the
requirements and coordinating cable television matters, such as access
and usage of channels among the three jurisdictions; and reconm~ended
adoption of tile cable television ordinance and accompanying franchise.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#30478) AN ORDINANCE providing for one or more non-exclusive
franchises to construct, operate, and maintain one or more cable tele-
vision systems within Roanoke, Virginia.
(For full text of Ordinance, see Ordinance Book No. 52, page 271.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, Bowers and
Mayor Tayl or ......................................................... 5.
NAYS: None ..........................
O®
(Council Members Bowles and White were absent.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#30479) AN ORDINANCE authorizing the execution of a certain
cable television franchise agreement with Cox Cable Roanoke, Inc., upon
certain terms and conditions.
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, Bowers and
Mayor Tayl or ......................................................... 5.
NAYS: None .............
(Council Members Bowles and White were absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 30466-41591 permanently
vacating, discontinuing and closing a certain ten foot alley located
approximately 556.71 feet west of Third Street, S. W., and extending
approximately 160 feet in a southerly direction from the southerly side
305
m
ACTION:
ACTION:
of Luck Avenue, having previously been before the Council for its first
reading on Monday, April 8, 1991, read and adopted on its first reading
and laid over, was again before the body, Mr. Bowers offering the
following for its second reading and final adoption:
(#30466-41591) AN ORDINANCE permanently vacating, discontinuing
and closing a certain public right-of-way in the City of Roanoke,
Virginia, as is more particularly described hereinafter.
{For full text of Ordinance, see Ordinance Book No. 52, page 262.)
Mr. Bowers moved the adoption of Ordinance No. 30466-41591. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, Bowers and
Mayor Tayl or- 5.
NAYS: None ..... O.
(Council Members Bowles and White were absent.)
ZONING: Ordinance No. 30467-41591 rezoning a tract of land
located at 4210 Southern Hills Drive, described as Lots 1 and 2,
Block 4, Section 1, Southern Hills (formerly referred to as Lots I and
2, Section 4), and Lots 1, 2 and 3, Block 8, Section 2, Southern
Hills, Official Tax Nos. 5480401, 5480402, and 5470501 - 5470503,
inclusive, from RS-3, Residential Single Family District, to RA,
Residential Agricultural District, subject to certain conditions prof-
fered by the petitioner, having previously been before the Council for
its first reading on Monday, April 8, 1991, read and adopted on its
first reading and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final adoption:
(#30467-41591) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 547 and 548, Sectional 1976
Zu,,~ ;.i~p, CiLy u~ Rumluke, Cu rezone certain properly within Lh~ C;L~,
subject to certain conditions proferred by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 52, page 264.)
Mr. Bowers moved tile adoption of Ordinance No. 30467-41591. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser, Bowers and
Mayor Tayl or .................. 5.
NAYS: None ...... O.
(Council Members Bowles and White were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
306
OTHER HEARINGS OF CITIZENS:
COMPLAINTS-POLICE DEPARTMENT: Mr. Ren T. Heard, 1306 Salem
Avenue, S. W., appeared before Council and complained about the nightly
gunfire, drug dealing and public crowds of people congregating in the
1300 block of Rorer Avenue and Salem Avenue, S. W. He advised that
almost every evening, large numbers of people congregate at this inter-
section and party, drink and deal in drugs which ultimately ends up in
gunfire. He stated that many of these young people do not live in the
nei§hborhood, however, when they are asked to leave, residents are
threatened and their homes are vandalized. He further stated that
police cars patrol the area, but they are ineffective, and when they
patrol the neighborhoods, the crowds disperse only to return a short
while later. He pointed out that in 1986, he recommended to Council
that foot patrols be instituted, and again, requested that Council con-
sider his su§§estion which could be a solution to the problem. He
explained that if these young people continue to perpetuate violence in
Roanoke's neighborhoods, the extent of downtown development will not
matter because the neighborhoods will not survive. He stressed the
need for black officers to be assigned for foot patrol because white
officers in the City of Roanoke do not have the respect or
understanding of the black neighborhoods. He stated that Roanoke's
Police Department will never attract black officers as long as it has
the philosophy of "we" and "them". He requested that Roanoke make the
Hurt Park area an example for a trial program for black beat police
officers in order to strengthen police/con~nunity relations tn Hurt
Park. He stated that these officers must teach and guide as well as
protect, and they must set an example and serve as a bridge between
other social agencies of the City and the communities in which they
operate.
ACTION:
Mr. Musser moved that the matter be referred to the City Manager
for study, report and recommendation to Council. The motion was
seconded by Mr. Harvey and adopted.
There being no further business, the Mayor declared the meeting
adjourned at 4:45 p.m.
APPROVED
ATTEST:
307
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 22, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 22, 1991, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Re.~lular
a ' of Section 2-15, Rules of Procedure, Code of the City of Roanoke
s amended.
PRESENT: Council Members Howard E. Musser, William White, Sr.,
David A. Bowers, Elizabeth T. Bowles and Mayor Noel C. Taylor ................. 5.
ABSENT:
Harvey, !I
Council Members Beverly T. Fitzpatrick, Jr., and Jan~)s G.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Mark A. Graham,
Pastor, St. John's Lutheran Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-YOUTH: The Mayor advised that each year
the City of Roanoke observes Student Government Day which is designed
to give seniors in the Roanoke City Schools an opportunity to inner act
with City government electee OttlClals ano aOmlnlstratlve personnel.
He further advised that the following students had participated in day
long activities in order to learn how their City government serves:
Sean Abbott
Susanne Allison
Jim Ayers
Wendell Babb
Leticia Becker
Crystal Beggs
Amy Board
Clay Bowles
Amanda Brugh
Eugene Butler
Leroy Calhoun
Nell Carr
Scott Clark
Stephen Clayborne
Tee Jennings
Shaundel Johnson
Justin Kelly
Jason Landreth
Eric LaPrad
Mary Littleton
Patrick Lowe
Kristin Manns
Nicole Marshall
Tomika Miller
Travi s Mi tchel 1
Robert Noland
Andy Pendleton
Brandon Plaster
308
Ted Cooley
Bruce Crowder
Mal inda Farmer
Kathy Garrett
Mary Gregory
Margaret Hancock
Mattie Hardy
Leticia Hawkins
Laura Hawley
Jennifer Hester
E1 izabeth Heywood
Christy Hill
Cheryl Hopson
Richard Hunt
Jamie Plunkett
Lesa Regnier
Angela Ringstaff
Yvette Sawyers
Barry Shel ton
Cathy Stewart
Ton~ny Thompson
Tuyet Tran
Tracy Tucker
Nicole Underwood
Jeff Van Dalsen
Jennifer Wht tmore
Mike Wiley
Jennifer Wilson
The Mayor announced that Student Government Day is sponsored by
the City's Office on Youth, the Youth Services Citizen Board and the
Youth Advisory Committee.
The Mayor presented each of the students an "Executive Glass"
embrossed with the Seal of the City of Roanoke.
ACTION:
ACTION:
BID OPENINGS
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids to remove and reassemble a White Superior Blower Engine at the
Water Pollution Control Plant, said bids to be received by the City
Clerk until 1:30 p.m., on Monday, April 22, 1991, and to be held,
opened and read before the Council at 2:00 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Ci~rk upened ana reaa the following bids:
BIDDER
BASE BID TOTAL
Mechanical & Plumbing, Inc.
Breakell, Inc.
$ 47,700.00
265,000.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. White and adopted.
The Mayor appointed Messrs. William White, Sr., Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
309
ACTION:
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and committees appointed by Council; and a personnel matter
being the appointment of a specific public officer.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see com~nunication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and con~nittees
appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Tayl or .................................. ' ....... 5.
NAYS: None .......... ' ............. O.
ACTION:
(Council Members Fitzpatrick and Harvey were absent.)
CG;.i?LAi;;TS-?GLIC[ :[?ASTM~)IT: A ~,n~t of the Citv Manaqer in
response to concerns expressed by Mr. ~en T. Heard with regard to
disruptive activities occurring in the area of Rorer Avenue and Salem
Avenue, S. W.,.advistng that he will provide Council with an analysis
and report on or before the regular meeting of Council on Tuesday,
May 28, 1991, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the report be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Taylor- --
NAYS: None ........ ' ............. O.
(Council Members Fitzpatrick and Harvey were absent.)
310
ACTION:
ACTION:
ACTION:
ARCHITECTURAL REVIEW BOARD-ANNUAL REPORTS: A com~nuntcation from
Mr. W. L. Whitwell, Chairman, Architectural Review Board, transmitting
the Board's Annual Report for 1990, was before Council.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mrs. Bowles moved that the Annual Report be received and filed.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Tayl or ............ . .......... 5.
NAYS: None ..........
(Council Members Fitzpatrick and Harvey were absent.)
ROANOKE ARTS COMMISSION: A communication from Ms. Vicki W.
Stauffer tendering her resignation as a member of the Roanoke Arts
Commission was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the resignation be accepted with regret,
and that the con~nunication be received and filed. The motion was
seconded by Mr. Bowers and adopted by thc following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Tayl or .......... . ....... 5.
NAYS: None ......................
.0.
(Council Members Fitzpatrick and Harvey were absent.)
C2~::C:L; A] O,'al ,:qu~L uF Vi~e-~ayor uowara ~. Musser tot an
Executive Session to discuss a personnel matter, being the appointment
of a specific public officer, pursuant to Section 2.1-344 (A) (1), Code
of Virginia (1950), as amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Vice-
Mayor to convene in Executive Session to discuss a personnel matter,
being the appointment of a specific public officer, pursuant to Section
2.1-344 (A) (1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Tayl or ....... . ............ 5.
NAYS: None ........
(Council Members Fitzpatrick and Harvey were absent.)
311
ACTIOH:
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A con~nunication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, and close 32 completed school grants, with a net decrease in
the amount of $33,249.00, was before the body.
Grant No. 6230 - $34,208.00 for the Eisenhower
Math/Science Title II Program to
provide for the development of
math and science curriculum. The
Program will be 100 per cent reim-
bursed by Federal funds.
AYES:
Taylor .....
Grant No. 6591 -$4,000.00 for the Parent Resource
Center to provide funding for the
continued operation of the Special
Education Parent Resource Center.
The Program will be 100 per cent
reimbursed by Federal funds.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that both of the
grants are funded with 100 per cent Federal funds; that the request to
close the grants is necessary since the grant programs have been
completed; and recon~nending that Council concur in the request of the
School Board, was also before the body.
....... + ?~ ~1~ ~n f. he City Clerk's Office.)
Mr. White offered the following emergency budget Ordinance:
(#30480-42291) AN ORDINANCE to amend and reordatn certain sec-
tions of the 1990-91 Grant Fund Appropriations, and providing for an
emergency ·
(For full text of Ordinance, see Ordinance Book No. 52, page 319.)
Mr. White moved the adoption of Ordinance No. 30480-42291. The
motion was seconded by Mr. Musser and adopted by the following vote:
Council Members Musser, White, Bowers, Bowles and Mayor
NAYS:
Onemmm~m__mm~m~mmmmmmmmmmm mm m m~mmmmm!
(Council Members Fitzpatrick and Harvey were absent.)
312
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
PARKING GARAGE-FIRE DEPARTMENT: The Director of Public Works
advised that at the meeting of Council on Monday, March 25, 1991,
Council requested a briefing on the proposed redesign of the pedestrian
plaza which extends between Church Avenue and Franklin Road, adjoining
the new parking garage to be located near the No. I Fire Station. He
stated that the Roanoke Redevelopment and Housing Authority has adver-
tised for bids to be received on May 21 for the proposed parking
garage. He presented a colored architect's rendering showing the
pedestrian plaza, advising that the current pedestrian walkway, when
looking north toward the City Market building, does not line up with
the center of the Sister City Friendship Fountain. He explained that
the principle purpose of the entire design and reconstruction of the
pedestrian walkway is to bring the walkway into symmetry around the
focal point of the fountain, therefore, the current narrow sidewalk of
approximately six feet width will be removed and a lar§er pedestrian
plaza will be constructed lining up with the center line on the Sister
City Fountain. He pointed out that currently, the sidewalk only steps
around the west side of the fountain, and as a part of the Norfolk
Southern development, it will also step around the east side of the
fountain so that there will be synm~try at this location. Mr. Clark
explained that two maple trees will be replaced with three, three inch
willow oak trees in order to be in concert with the plantin§s proposed
by Norfolk Southern adjoining its building. He pointed out that it has
been proposed to plant a series of seven Foster holly trees, which are
the same type of plantings that will be used by Norfolk Southern in its
landscaping and will grow to a height of ten feet, in order to screen
the electrical vault and give a softening effect to the concrete and
brick wall of the parking garage that will face the pedestrian plaza.
Mr. Bowers advised that after having walked through the area, it
appears that too many plantings are proposed by the architect; that no
benches are proposed to be placed in the vicinity of the Sister City
Friendship Fountain, and stated his intention to vote against the
briefing.
ITEMS RECOMMENDED FOR ACTION:
GRANTS: The City Manager submitted a written report advising that
the City of Roanoke receives an annual entitlement from the U. S.
Department of Housing and Urban Development (HUD), in the form of a
Con~nunity Development Block Grant (CDBG); that HUD representatives
informed City staff that Roanoke's CDBG entitlement will be in the
amount of $1,767,000.00 for the City's fiscal year 1991-92, on an
increase of $204,000.00 over fiscal year 1991 funding; and addi-
tionally, revenue is estimated to be available from the following sour-
ces for fiscal year 1992:
313
ACTION:
$628,213.00 estimated program income generated from
prior CDBG programs, and
$235,000.00 transferred from prior grant entitle-
ment years.
It was further advised that two public meetings were held on
January 15, 1991, and April 18, 1991, to receive comments of citizens;
that Council will be briefed at the regular meeting on Monday, May 6,
1991, on recommended activities for fiscal year 1991-92; that citizen
participation requirements call for an evening public hearing by
Council prior to submission of the CDBG Statement of Objectives (appli-
cation) to HUD; that the City is required by HUD to publish a Draft
Statement of Objectives in a local newspaper; and a sun~ary version of
the statement of objectives will appear in the Neighbors section of the
Roanoke Times and World-News on Thursday, May 2, 1991.
The City Mana9er recommended that Council schedule a public
hearing for Monday, May 13, 1991, at 7:30 p.m., or as soon thereafter
as the matter may be heard, to receive citizen con~nents on the
Co,unity Development Block Grant for fiscal year 1991-92.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the reconm~ndation of the
City Manager and schedule a public hearing to be held on Monday, May
13, 1991, at 7:30 p.m., or as soon thereafter as the matter may be
heard. Tile motion was seconded by Mr. White and adopted.
CITY CODE-CITY EMPLOYEES-WARS: The City Manager submitted a writ-
ten report advising that Section 2-41, Militar~ Leave Policy, of the
Code of the City of Roanoke (1979), as amended, and Personnel Operating
Procedure No. 21, authorizes paid leave for annual training for
m~14tarv reservists, but not other forms of active duty; that returning
veterans' rights include no loss of service credit, certaln benetl~s
and re-employment in a similar job; and reservists called to active
duty related to Operation Desert Shield/Storm are as follows:
Date Inactive
Name Job With City
Christopher Atkins
Thomas Bandy
William Latham
Jeffrey Shawver
Mark Nelson
James Brabham
Police Officer
Police Officer
Pol ice Officer
Mech/P1 umb Insp
Pa tame di c
Corporal Deputy
11/30/90
12/02/90
01/22/91
12/04/90
11/26/90
01/22/91
It was further advised that on February 4, 1991, Council requested
the City Manager to report on the possibility of continuing salaries of
military reservists or funding the difference between City and military
314
salaries; and the General Assembly recently mandated that State and
local governments provide paid leave days for federally funded military
duty, including annual training, not to exceed 15 days per Federal
fiscal year, which was effective April 3, 1991, and applies retroac-
tively to August 1, 1990.
It was explained that return to City service has occurred for two
of the abovementioned reservists; that positions are being held for all
reservists to return to the same job with the City; that retirement
credit will continue to accumulate for reservists as if they were still
employed in their jobs; that health insurance reenrollment may be
secured by returning reservists with no waiting period for preexisting
conditions; and Section 2-41 of the Code of the City of Roanoke (1979)
as amended, needs to be revised to reflect General Assembly action
requiring the City to pay employees for federally funded military duty
to include training duty up to 15 days per Federal fiscal year.
The City Manager recommended that Council concur in the following
actions:
Pay the aforementioned employees and other
reservists who are called to active duty
related to Desert Storm, a supplement equal to
the difference between regular City salary and
military base pay plus any other compensation
received for service related to Operation
Desert Shield/Storm; that the supplement not
be paid for any days that regular City salary
must be paid to such employees; and that the
supplement shall be patti as promptly as
possible after the employee returns to a City
job, upon submission of Special Return from
Military Duty form and receipt of any other
Restore any vacation time used to continue
City pay for Operation Desert Shield/Storm
service.
Add vacation leave that would have accrued to
the employee's leave balance upon return to
City service.
City portion of health care and dental pre-
miums will be paid for such time necessary to
provide coverage for the employee effective
upon the date of return to City service. This
benefit shall be granted to employees that
return to their City job within seven working
days from the end of active military duty.
315
ACTION:
ACTION:
Method to accomplish items 1, 2 & 3 is reser-
vist's completion of a Special Return from
Military Duty Form.
Effective dates of this special policy shall
be November 14, 1990 through January 1, 1992.
Revise the Code of the City of Roanoke (1979),
as amended, to follow State law and provide
paid military leave for up to 15 days of
Federally funded military duty to include
training duty.
(For full text, see report on file in the City Clerk's Office.)
AYES:
Tayl or---
Mr. Bowers offered the following Resolution:
(#30481-42291) A RESOLUTION authorizing payment of supplementary
compensation and restoration of certain benefits to employees serving
in Operation Desert Shield/Storm.
(For full text of Resolution, see Resolution Book No. 52, page 321.)
Mr. Bowers moved the adoption of Resolution No. 30481-42291. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
Council Members Musser, White, Bowers, Bowles and Mayor
NAYS: None .......
;r. ouncil Members Fitzpatrick and Harvey were absent.)
Mr. Bowers offered the following emergency Ordinance:
(#30482-42291) AN ORDINANCE to amend and reordain subsection (b)
of §2-41, Military Leave, Code of the City of Roanoke (1979), as amen-
ded; and pP6viding for 'an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 52, page 322.)
Mr. Bowers moved the adoption of Ordinance No. 30482-42291. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Tayl or ................................................... 5.
NAYS: None ............................................. O.
(Council Members Fitzpatrick and Harvey were absent.)
316
ACTION:
POLICE DEPARTMENT: The City Manager submitted a written report
advising that on October 23, 1985, the City of Roanoke and the County
of Roanoke entered into an agreement to bestow extraterritorial arrest
powers upon the City's police officers and the County sheriff's depu-
ties; that on July 1, 1990, Roanoke County established a Police Depart-
ment to serve law enforcement needs of the County, thus, removing the
function from the County Sheriff's Department; and Roanoke County has
proposed an amendment to update the 1985 Agreement.
It was further advised that the current agreement is subject to
misinterpretation since it refers to deputies of the Roanoke County
Sheriff's Department and not to Roanoke County Police Officers; and
authority of Council to enter into this agreement is provided in
Section 15.1-159.7, Code of Virginia (1950), as amended.
The City Manager recommended that Council authorize an amendment
to the Extraterritorial Arrest Agreement as proposed by Roanoke County
officials to delete references to Roanoke County Sheriff's Deputies and
to amend the definition of "Officer" to mean any Roanoke County Police
Officer, rather than any deputy sheriff; and expand Section 2.b of the
Agreement to conform with recent revisions to Title 46.2 of the State
Code.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#30483-42291) AN ORDINANCE authorizing an Extraterritorial
Arrest Agreement to be entered into between the City and Roanoke County
to provide for extraterritorial arrest power when certain offenses are
con~nitted in the presence of an on-duty officer of the City of Roanoke
Police Department in Roanoke County or an officer of the Roanoke County
Police Department in the City of Roanoke; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 322.)
Mr. Musser moved the adoption of Ordinance No. 30483-42291. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Taylor ..................................... .5.
NAYS: None ...............................
(Council Members Fitzpatrick and Harvey were absent.)
SPECIAL PERMITS-PARKS AND PLAYGROUNDS: The City Manager submitted
a written report advising that Festival in the Park is an established
annual tradition in Roanoke; that Festival activities originate in City
parks during two consecutive weekends in May and June with music, art,
crafts, performing arts, sporting events, food, etc.; that Festival-in-
the-Park, Inc., has requested permission to hang Festival banners from
317
ACTION:
various street light and traffic signal poles in the downtown area;
that traffic signal poles owned by the City of Roanoke are located at
the intersections of Jefferson Street-Elm Avenue and Jefferson
Street-Franklin Road; and the street light poles owned by Appalachian
Power Company (APCO) are located along Elm Avenue and Franklin Road,
which will require APCO approval.
The City Manager reco~nended that Council grant a revocable permit
to Festival in the Park, Inc., to hang Festival banners from City traf-
fic signal poles in the downtown area for the period from May 1, 1991,
to June 10, 1991, advising that representatives of Festival in the Park
and Vietnam Veterans have agreed to coordinate their efforts for the
display of Festival and American flags on Memorial Day.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30484-42291) A RESOLUTION authorizing a revocable permit to
Festival in the Park, Inc., to hang certain banners from City traffic
signal poles in the downtown area, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 52, page 323.)
Mrs. Bowles moved the adoption of Resolution No. 30484-42291. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Tayl or ......................... 5.
NAYS: None ................ O.
(Council Members Fitzpatrick and Harvey were absent.)
iNSURANCE-PARKS AND FLAYGRGU~;GS. Th: City ~dna§er submitted ~
written report advising that Roanoke's Festival in the Park has
requested the use of certain City park facilities and the barricading
of certain public streets, or portions thereof, in connection with the
1991 Roanoke Festival in the Park scheduled for May 23 through June 2,
1991; and public liability and property damage insurance, pursuant to
Section 15.1-14(9) of the Code of Virginia (1950), as amended, must be
furnished by organizations permitted to use public streets.
It was further advised that Roanoke's Festival-in-the-Park has
offered to provide insurance coverage with limits of $1,000,000.00 per
occurrence and $2,000,000.00 per aggregate, as reco~nended by the
City's Risk Management Officer; and approval by Council is necessary
ofthe amount of liability insurance that Roanoke's Festival in the Park
will be required to provide in connection with the events.
318
ACTION:
The City Manager recommended that Council approve insurance
coverage, with liability limits of $1,000,000.00 per occurrence and
$2,000,000.00 aggregate, in connection with the 1991 Roanoke Festival in
the Park, and naming the City of Roanoke, its officers, officials,
agents, employees and volunteers as additional tnsureds on said policy.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following Resolution:
(#30485-42291) A RESOLUTION establishing the minimum amount of
public liability and property damage insurance to be provided by
Festival in the Park, Inc., for festival activities.
(For full text of Resolution, see Resolution Book No. 52, page 324.)
Mr. White moved the adoption of Resolution No. 30485-42291. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Taylor ......... 5.
NAYS: None ..............
(Council Members Fitzpatrick and Harvey were absent.)
ARMORY/STADIUM-PARKS AND PLAYGROUNDS: The City Manager submitted
a written report advising that Roanoke's Festival in the Park is
planning and implementing the 1991 Roanoke Festival in the Park; that
the 1991 Roanoke Festival in the Park will be a family-oriented event,
appealing to all segments of tile community, high in quality and suf-
ficiently flexible to encompass new activities in response to community
needs; and objectives are to entertain the public, furnish the public
with a variety of visual and performing arts, present local talent, and
It was further advised that Roanoke's Festival-in-the-Park will be
hosting events on Friday, May 24 and Friday, May 31, 1991, in Victory
Stadium; that criteria established by Resolution No. 24982 for waiving
the fee for use of Victory Stadium has been met inasmuch as Roanoke's
Festival in the Park is tax exempt; that net proceeds will be used by
Roanoke's Festival in the Park for ongoing and future events; and
public liability insurance will be provided by Roanoke's Festival in
the Park, in an amount of $1,000,000.00 per occurrence and
$2,000,000.00 aggregate, naming the City of Roanoke as additional
insured and an agreement to hold the City harmless.
The City Manager recommended that Council waive the rental fee and
grant concession rights and commission to Festival in the Park for
events on Friday, May 24 and Friday, May 31, lg91, in Victory Stadium.
(For full text, see report on file in the City Clerk's Office.)
319
ACTION:
Mr. White offered the following emergency Ordinance:
(#30486-42291} AN ORDINANCE waiving the standard rental fee for
use of certain City facilities for Festival in the Park, and granting
certain concession rights in conjunction with such event; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 324.
Mr. White moved the adoption of Ordinance No. 30486-42291. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES:
Tayl or-
Council Members Musser, White, Bowers, Bowles and Mayor
5.
NAYS: None ..................................................... O.
(Council Members Fitzpatrick and Harvey were absent.
ARMORY/STADIUM-PARKS AND PLAYGROUNDS: The City Manager submitted
a written report advising that Virginia Amateur Sports, Inc., is
planning and implementing the 1991 Comonwealth Games of Virginia; that
the Co~mlonwealth Games is a multi-sport event, sometimes referred to as
a sports festival involving both Olympic and non-Olympic sports; and
objectives are to promote health, fitness and spirit of Olympic com-
petition, create entertainment, attract local citizens, and bring
thousands of visitors to the Roanoke Valley.
It was further advised that Virginia Amateur Sports, Inc., will be
hosting events commencing Wednesday, June 26, 1991, and ending Sunday,
July 7, 1991; that criteria established by Resolution No. 24982, for
waiving the rental fee for Victory Stadium, National Guard Armory,
Maher Field, River's Edge Sports Complex and Fallon Park Pool use has
been met inasmuch as Virginia Amateur Sports. Inc.. iR tax Av~mnt: that
net proceeds will be used by Virginia Amateur Sports, Inc., for ongoing
and future events; and public liability insurance, in the amount of
$1,000,000.00 per occurrence and $2,000,000.00 aggregate, naming the
City of Roanoke as an additional insured and an agreement to hold the
City harmless will be provided by Virginia Amateur Sports, Inc.
The City Manager recon~nended that Council waive the rental fee and
grant concession rights and comnission to Virginia Amateur Sports,
Inc., for use of Victory Stadium, National Guard Armory, Maher Field,
River's Edge Sports Complex and Fallon Park Pool for events commencing
Wednesday, June 26, 1991, and ending Sunday, July 7, 1991.
(For full text, see report on file in the City Clerk's Office.)
320
ACTIOn:
Mr. Musser offered the following emergency Ordinance:
(#30487-42291) AN ORDINANCE waiving the standard rental fee for
use of certain City facilities for Commonwealth Games of Virginia and
granting certain concession rights in conjunction with such events; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 325.)
Mr. Musser moved the adoption of Ordinance No. 30487-42291. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Taylor ........... .--5.
NAYS: None ..........
Oe
(Council Members Fitzpatrick and Harvey were absent.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Fifth
District Employment and Training Consortium administers the Summer
Youth Program for economically disadvantaged youth in the Fifth
Planning District from May 15 through September 30 of each year; that
375 disadvantaged youth will be served, with 191 from the City of
Roanoke; and program activities include administration, eligibility
determination, work experience, career exploration, and special pro-
jects involving basic education.
It was further advised that Veterans Project funds have been
awarded for the Consortium to continue serving this targeted group for
the period of February 1, 1991, through January 31, 1992; that 23
veterans will be served throughout the Fifth Planning District, pri-
marily in occupational skills trainin.q and on-the-.iob traininq
programs; and jurisdictions in the Fifth Planning District, which
include the Cities of Roanoke, Salem, Clifton Forge and Covington, as
well as the Counties of Alleghany, Botetourt, Craig, and Roanoke, were
requested to offset the Agency's administrative deficit, through a for-
mula relative to population, utilization, costs, weighted vote, and
disadvantaged population.
It was explained that the Governor's Employment and Training
Consortium has sent to the Fifth District Employment and Training
Consortium Notice of Award No. 91-03-05, in the amount of $95,818.0D,
for the Summer Youth Program; that funds in the amount of $39,330.00
from last year's Summer Youth Program need to be deobligated and
appropriated to the current year's program as indicated by Notice of
Award No. 91-03-05; that the Consortium was awarded a Veterans Grant
Notice of Award No. 91-183-01, in the amount of $37,088.00; and juris-
dictions of the Fifth Planning District to date have contributed
$6,894.00 which also needs to be appropriated.
321
,!
ACTION:
The City Manager recommended that Council appropriate the
Consortium's additional funding, in the amount of $139,800.00, and
increase the revenue estimate in accounts to be established by the
Director of Finance; and transfer funds, in the amount of $39,330.00,
between existing fiscal year 1990 and 1991 accounts.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#30488-42291) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Consortium Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 52, page 326.)
Mrs. Bowles moved the adoption of Ordinance No. 30488-42291. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Taylor ....... 5.
NAYS: None ...........................................
Oe
(Council Members Fitzpatrick and Harvey were absent.)
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that a report of dye in the Lick Run Channel was
received approximately two weeks ago and an investigation revealed the
following:
dye was entering the sanitary sewer system from an
industry on Sixth Street;
a break in the top of a sewer line in the 100 block
of Campbell Avenue is permitting sewage to run out
of the line when the 15-inch sewer line has a high
flow; and
sewage then enters a storm drain and is discharged
to the Lick Run Channel.
It was further advised that regulations of the Environmental
Protection Agency and the State Water Control Board require an i~ne-
diate repair; that the location of the broken section of sanitary sewer
line was under the A. G. Edwards and Sons, Inc., building, which is
located at 101 Campbell Avenue, S. W.; and relocation of the sanitary
sewer line is difficult to impossible due to conflicting elevations
with other existing underground utilities.
322
ACTION:
It was explained that "Insituform" is a process of pressure
forcing a heated resin envelope into a sewer line which, when cooled,
will provide an effective seal; that a quote, in the amount of
$28,000.00, to heat seal the 143 foot section of pipe was received by
FAX mail on April 16, 1991, and the quote and availability of the
equipment was conditioned upon the City notifying Insituform East,
Inc., to proceed by April 17, 1991, with work expected to be performed
on Friday, April 19, 1991- that service impact was the necessity to
block a portion of the intersection of Campbell Avenue and First
Street, S. E., and loss of water and sewer service to A. G. Edwards and
Sons, Inc., for 24 hours; and funding is available in the Sewage Fund,
Account No. 003-056-3170-9085, Unidentified Construction.
The City Manager recommended that Council ratify certain emergency
repairs to the City's sanitary sewer system in the 100 block of
Campbell Avenue, S. W.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#30489-42291) A RESOLUTION ratifying the emergency procurement
of certain sanitary sewer repairs.
(For full text of Resolution, see Resolution Book No. 52, page 327.)
Mrs. Bowles moved the adoption of Resolution No. 30489-42291. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Tayl or .............................. 5.
NAYS: None ...........
{Cuu,cii memoers ~ltzpatrick and Harvey were absent.)
SALE/PURCHASE OF PROPERTY: The City Manager submitted a written
report advising that building space is needed for the Water Department
Administration, the Fire Department Administration, and the Police
Academy, which functions are currently located at 124 Kirk Avenue,
So W., in space rented from C. W. Francis & Son, which space is limited
at best; that an option agreement for possible purchase of 348 Campbell
Avenue, S. W~, was approved by Council on Monday, February 4, 1991,
with said option term to expire on April 30, 1991, containing a stipu-
lated purchase price should the option be exercised at $815,000.00; and
term of the option has been utilized to perform a title search and to
conduct an environmental audit.
323
ACTIOH:
It was further advised that the Environmental Audit Report did not
reveal any indications that the property had been used or affected by
hazardous waste activities; that funding immediately available to
transfer for purchase of said property is approximately $650,000.00
currently progran~ned to renovate the historic buildings in the 100
block of Campbell Avenue, S. W.; that total funding needed to purchase,
minimally renovate the structure, and move into 348 Campbell Avenue is
estimated at $1,000,000.00; and other considerations that have arisen
since approval of the option agreement are as follows:
no source of funding has been identified to produce
the $350.000.00 additional funds needed to purchase
and n~)ve into the opttoned property;
additional City obligations or potential obliga-
tions that will need funding are:
$100,000.00 to correct problem of contaminated
soil encountered when old petroleum storage
tanks were removed from the former Valley
Metro facility,
$100,000.00 potential underfunding for the
proposed new Sanctuary facility at Coyner
Springs, to include furnishings, utilities and
access driveway,
$300,000.00 or more, potential underfunding
for the Luck Avenue storm drain needed to be
constructed prior to or as part of the
Franklin Road widening, and
unknown amount of additional funding that may
be needed to re-establish The Hotel Roanoke as
a worKlng landmark in the City.
The City Manager recon~nended that Council not exercise its option
to purchase 348 Campbell Avenue, S. W.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. White and adopted.
BUDGEToSUBDIVISIONS-TOWNE SQUARE SHOPPING CENTER/HUNTING HILLS
PLAZA: The City Manager submitted a written report advising that Towne
Square Joint Venture and Hunting Hills Joint Venture are both Tennessee
joint ventures, formed by Barry E. Dotson and Associates and W. Gerald
Ezell (developers) of Nashville, Tennessee; that in 1986, Towne Square
Joint Venture purchased 93 acres of land situated adjacent to
Crossroads Mall Shopping Center on Hershberger Road, N. W., for the
purpose of constructing a retail shopping center; that the developers
324
submitted a subdivision and related plans to the City proposing the
construction of a retail shopping center (Towne Square Shopping
Center); that an agreement was entered into with the City of Roanoke,
which included the posting with the City of security in the form of a
Letter of Credit; and the purpose of the security was to guarantee the
installation of specific public improvements related to utilities and
public streets, including specific improvements to existing Airport
Road, N. W.
It was further advised that in 1988, Hunting Hills Joint Venture
purchased 16 acres of land adjacent to U. S. Route 220, South (Franklin
Road, S. W.), and thereafter petitioned the City to rezone the property
for commercial (C-2) retail use; that the developers subsequently sub-
mitted a similar subdivision and plans proposing the construction of a
Wal-Mart Department Store and a number of smaller retail shops (Hunting
Hills Plaza); that the developers entered into a second agreement with
the City, which again included the posting with the City of security in
the form of a cash escrow guaranteeing the installation of specific
public improvements relating to utilities and public streets, including
improvements to existing Pheasant Ridge Road, S. W.; and the City's
Subdivision Agent has contacted the developers on repeated occasions
from mid-1988 through July, 1990, requesting completion of the public
improvements at both sites as required by the subdivision agreements.
It was explained that the developers failed to comply with the
City's requests, even after being issued several warnings that the City
might take steps to attach the posted security; that the City Manager
on August g, 1990, in accordance with prescribed procedures provided in
Chapter 31, of the Code of the City of Roanoke (1979), as amended, and
at the request of the Subdivision Agent, attached the security pre-
viously provided by both Towne Square and Hunting Hills Joint Ventures;
and security was posted in the following forms:
Towne Square Joint Venture - Letter of Credit. in
the amount of $150,000.00, guaranteed by Dominion
Bank of Roanoke.
Hunting Hills Joint Venture - Escrow Account, in
the amount of $235,000.00, guaranteed by the
National Bank of North Carolina.
The City Manager advised that public improvements left by the
developer in an incomplete or incorrect state are as follows:
Towne Square Shopping Center
Improvements along Airport Road, N. W., have not
been provided.
Estimated Cost: $150,000.00
325
Hunting Hills Plaza
Improvements to Pheasant Ridge Road, S. W., have
not been completed.
Estimated Cost: $70,000.00
Erosion and sediment control/slope stablization
Estimated Cost: $165,000.00
It was further advised that the amount of funds needed for in~ne-
diate improvements are as follows:
Towne Square Shopping Center
(improvements to Airport Road, N. W.)
$150,000.00
Hunting Hills Plaza
(improvements to Pheasant Ridge Road)
70,000.00
Total Improvements
$220,000.00
It was pointed out that the City's attachment of the security
requested the transfer by the banking firms to the City at Dominion
Bank of Roanoke of such amounts necessary to provide for certain speci-
fic and immediate improvements; and amounts deposited for the City's
in~nediate needs are as follows:
Towne Square Joint Venture - $150,000.00 deposited
by Dominion Bank of Roanoke, into the City's
account at Dominion Bank of Roanoke, leaving no
remaining funds.
into the City's account by the National Bank of
North Carolina, leaving a balance of $165,000.00
for later use or return to the National Bank of
North Carolina if they undertake to provide the
improvements.
The City Manager recommended that Council appropriate $150,000.00
to an account for public improvements to Towne Square Shopping Center
and $70,000.00 to an account for public improveme_nts to Hunting Hills
Plaza, such accounts to be established in the Capital Projects Fund by
the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
326
ACTION:
ACTION:
ACTION:
Mrs. Bowles offered the following emergency budget Ordinance:
(#30490-42291) AN ORDINANCE to amend and reordain certain sec-
tions of the 1990-91 Capital Fund Appropriations, and providing for an
emergency,
(For full text of Ordinance, see Ordinance Book No. 52, page 328.)
Mrs, Bowles moved the adoption of Ordinance No. 30490-42291. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Taylor ..................................... 5.
NAYS: None ........... . ................... O.
(Council Members Fitzpatrick and Harvey were absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the Finan-
cial Report of the City of Roanoke for the month of March, lg91.
(For full text, see Financial Report on file in the City Clerk's
Office.)
Mr. Musser moved that the Financial Report be received and filed.
The motion was seconded by Mr. White and adopted.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION ANn nnutinp~aTlO~ OF ORD!~ANCES A~D RESOLUT!ONSt
RADIO-TELEVISION: Ordinance No, 30478-42291 providing for one or
more non-exclusive franchises to construct, operate, and maintain one
or more cable television systems within Roanoke, Virginia, having pre-
viously been before the Council for its first reading on Monday,
April 15, 1991, read and adopted on its first reading and laid over,
was again before the body, Mr, Musser offering the following for its
second reading and final adoption:
(#30478-42291) AN ORDINANCE providing for one or more non-
exclusive franchises to construct, operate, and maintain one or more
cable television systems within Roanoke, Virginia.
(For full text of Ordinance, see Ordinance Book No. 52, page 271.)
Mr. Musser moved the adoption of Ordinance No. 30478-42291. The
motion was seconded by Mr. White and adopted by the following vote:
327
m
ACTION:
ACTION:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Tayl or .......... 5.
NAYS: None .....................
(Council Members Fitzpatrick and Harvey were absent.)
RADIO-TELEVISION: Ordinance No. 30479-42291 authorizing execution
of a certain cable television franchise agreement with Cox Cable
Roanoke, Inc., upon certain terms and conditions, having previously
been before the Council for its first reading on Monday, April 15,
1991, read and adopted on its first reading and laid over, was again
before the body, Mr. Musser offering the following for its second
reading and final adoption:
(#30479-42291) AN ORDINANCE authorizing the execution of a cer-
tain cable television franchise agreement with Cox Cable Roanoke, Inc.,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52, page 319.)
Mr. Musser moved the adoption of Ordinance No. 30479-42291. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Tayl or ....................................... 5.
NAYS: None ........................
O&
(Council Members Fitzpatrick and Harvey were absent.)
DIRECTOR OF REAL ESTATE VALUATION: Mr. Bowers offered the
following Resolution recognizing the meritorious service rendered to
~,,: City ,~ ;'v,, ;~. ;.luudy, iii, umr:~Lur m Kedm r_sTate Valuation:
(#30491-42291) A RESOLUTION recognizing the meritorious service
rendered to the City by Von W. Moody, III, Director of Real Estate
Valuation.
(For full text of Resolution, see Resolution Book No. 52, page 328.)
Mr. Bowers n~ved the adoption of Resolution No. 30491-42291. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Tayl or .................................... 5.
NAYS: None ......................... O.
(Council Members Fitzpatrick and Harvey were absent.)
328
CELEBRATIONS-CIVIC CENTER-ACTS OF ACKNOWLEDGEMENT: Mr. Musser
offered the following Resolution commending and expressing appreciation
to those persons and organizations involved in successful planning for
and implementation of the 1991 Metro Conference Basketball Tournament:
(#30492-42291) A RESOLUTION commending and expressing appre-
ciation to those persons and organizations involved in successful
planning for and implementation of the 1991 Metro Conference Basketball
Tournament.
(For full text of Resolution, see Resolution Book No. 52, page 329.)
ACTION: Mr. Musser moved the adoption of Resolution No. 30492-42291. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Tayl or ............................ 5.
NAYS: None ---0.
(Council Members Fitzpatrick and Harvey were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:55 p.m., the Mayor declared the meeting in recess,
At 3:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exc~nt'inn
ACTION:
COUNCIL: Mr, Bowers ~ved with respect to the Executive Session
just concluded, that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business mJtters lawfully
exempted from open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business n~tters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, White, Bowers, Bowles and Mayor
Taylor ...................... 5.
NAYS: None ....................
(Council Members Fitzpatrick and Harvey were absent.)
329
ACTION:
INDUSTRIES: The Mayor advised that there was a vacancy on the
Industrial Development Authority created by the death of Mr. Jack C.
Smith for a term ending October 20, 1991, and called for nominations to
fill the vacancy.
Mr. Bowers placed in nomination the name of Ms. Margaret R. Baker.
There being no further nominations, Ms. Baker was appointed as a
Director of the Industrial Development Authority to fill the unexpired
term of Mr. Jack C. Smith, deceased, ending October 20, 1991, by the
following vote:
FOR MS. BAKER: Council Members Musser, White, Bowers, Bowles and
Mayor Taylor ...................................... 5.
(Council Members Fitzpatrick and Harvey were absent.)
There betng no further business, the Mayor declared the meeting
adjourned at 3:55 p.m.
ATTEST: ~~
City Clerk
APPROVED
Mayor
330
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
April 22, 1991
7:00 p.m.
The Council of the City of Roanoke met in special meeting on Monday,
April 22, 1991, at 7:00 p.m., in the Exhibition Hall of the Roanoke Civic
Center, 710 Williamson Road, N. E., with Mayor Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
James G. Harvey, II, Howard E. Musser, William White, Sr., and Mayor Noel C.
Taylor ....... 6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C.
Dibling, Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor advised that the purpose of the special meeting was to hold a
public hearing to receive the con~nents of citizens with respect to the real
estate tax rate for fiscal year 1991-92. He stated that it was a pleasure for
elected and administrative officials of the City of Roanoke to host the public
hearing in order to receive comments and/or remarks regarding the real property
tax levy in the City, advising that the City proposes to adopt a tax rate of
$1.25 per $100.00 of assessed value. He explained that if there were citizens
who wished to be heard on the City's real property tax levy, he would be pleased
No person expressing a desire to be heard, the Mayor declared the spe-
cial meeting adjourned at 7:15 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
331
I
I
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
April 22, 1991
7:15 p.m.
The Council of the City of Roanoke mat in special meeting on Monday,
April 22, 1991, at 7:15 p.m., in the Exhibition Hall of the Roanoke Civic
Center, 710 Williamson Road, N. E., with Mayor Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
James G. Harvey, II, Howard E. Musser, William White, Sr., and Mayor Noel C.
Taylor ....... 6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr.- ................. 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor advised that it was a privilege for elected and administra-
tive officials of the City of Roanoke to host the public hearing on the Roanoke
City Budget and Resource Allocation Plan for Fiscal Year 1991-92. He stated
that the City of Roanoke is a progressive City, and its chief concern is the
involvement of its citizens as Council seeks to adopt future trends and recom-
mend strategic objectives that will enable the City government to not only serve
the immediate future, but to organize in such a way as to experience continuing
growth and development through the year 2000. He advised that the City of
................... ~ ........ ~ ...... , - ~ ............... ~ ~v tls ~;Li~ns and
an especially big concern for its disadvantaged, its poor and its elderly. He
added that Roanoke is indeed a city of the future, and revenue is needed to make
the necesssary improvements to the City's schools, streets, storm drains,
bridges and many other infrastructure projects. He explained that Council has
the responsibility of making difficult and sometimes unpopular decisions; that
resource limitations require careful choices, however, on the positive side, it
is known that new opportunities are emerging and the City is dedicated to con-
tinuina its future growth and development. He pointed out that he has been sad
at heart as he has watched the withdrawal of State and Federal support from the
most vulnerable in the City; that the withdrawal of State and Federal funds has
had an adverse impact on the entire con~unity, and yet the City has continued to
strengthen its system of public education, there are fewer slums and better
streets, and Roanoke has citizens who are concerned about and involved in City
government; and a constant effort is beinq made to improve the large range of
services that the City provides.
I
332
In accordance with requirements of the Roanoke City Charter pertaining
to the annual budget, the Mayor stated that the City Manager has recommended a
balanced fiscal year 1991-92 General Fund budget, totaling $152,090,022.00. He
advised that while the General Fund budget is recommended to increase 0.04%, it
is noted that $1,065,695.00 in reductions to the City budget for fiscal year
1991-92 are the direct result of budget adjustments approved by Council during
fiscal year 1990-91. He stated that those amendments related to expenditure
reductions made in November, 1990 were due to reductions and establishment of a
Transportation Enterprise Fund for fiscal year 1991-92 as approved by Council in
March, 1991. He explained that the public hearing was designed to allow citi-
zens the time to speak and for Council to have the time to listen. In order to
hear as many citizens as possible, he requested that each speaker limit his or
her presentation to not more than three minutes in duration. He advised that
the City Clerk had arranged for citizens to register, and he would recognize the
persons who wished to speak in the order in which they had reaistered.
Mr. Michael Doherty, 1901 Canterbury Road, S. W., a student at Patrick
Henry High School, advised that 213 courses are listed in a directory of all of
the courses that can be taken by students in high schools in Roanoke, Virginia,
some of which are academic and some are elective. He stated that at the present
time, students have only seven periods in a class day to take as many of the 213
courses as they can in order to broaden their horizons so that they will become
more complete and well-rounded individuals. He further stated that because of
the budget situation, it has been brought to his attention that students may not
be permitted to take seven courses next year; that only six courses per class
day may be available, and requested that Council reinstate the zero period.- He
explained that the zero period would allow students to voluntarily participate
in a 7:00 a.m., class prior to coffrnencement of the regular school day at
8:30 a.m. He stated that the only problem with the zero period is that school
buses are not in operation at 7:00 a.m., to transport students to school, and
added that there could be a stipulation that a student would be permitted to
participate in a zero period on the condition that they provide their own
transportati on.
i~r. Nell Callis, 2227 Carter Road, S. W., a student at Patrick Henry
High School, reiterated the previous request for reinstatement of a zero period.
He stated that a zero period would offer much more flexibility for students who
would like to take extra elective courses. He further stated that students need
to be well-rounded, advising that he has taken every course from ceramics to
humanities, and without a seventh period, he would not have had an opportunity
to participate in such varying courses. He advised that he would like to take
as many humanities related courses as possible at Patrick Henry High School, and
asked that the zero period be reinstated so that students at the high school
level will be competitive with other students throughout the Commonwealth of
Mr. DeCarlos C. Dunnaville, 829 Centre Avenue, N. W., a student at
Patrick Henry High School, spoke in support of reinstatement of the zero period,
advisine that he would like to be in a position to take as many elective courses
as possible.
333
Ms. Robin Bailey, 2909 Broad Street, N. W., President, Roundhill
Primary School PTA, advised that as the City faces grim economic times, citizens
are aware of the need to do a certain amount of belt tightening. She stated
that it is unfortunate that education continues to take a back seat in regard to
priorities when budget time comes around. She further stated that citizens are
willing to experience their share of suffering during these difficult times, but
as the economic picture brightens, parents will not continue to allow the educa-
tion of their children to be one of the lowest priorities on the totem pole. As
parents and taxpayers, she explained that citizens expect nothing but the best
from the teaching staff at Roundhill Primary School; and programs at Roundhill
continue to be a model of excellence for school divisions as far reaching as
Anderson, South Carolina, British Columbia and the State of Kentucky.
Ms. Joyce B. Bill, 2719 Guilford Avenue, S. W., parent of an upcoming
kindergarten student at Raleigh Court Elementary School, expressed concern over
the lack of full day kindergarten programs in all of the City's elementary
schools. She stated that Roanoke City proudly boasts of its excellent educa-
tional system, yet, it does not provide the same equal educational opportunities
for all of its children. For example, she stated that seven out of 20 elemen-
tary schools do not provide full day kindergarten programs, and inquired as to
how the City can say that it is providing equal educational opportunities for
all children, when 35 per cent of the City's students are discriminated against
by not having the opportunity to attend a full day program in their home school.
She pointed out that the City of Roanoke loses children every day to Roanoke
County and to the City of Salem because those localities provide a full day kin-
dergarten program for all students. She explained that full day kindergarten
programs provide many more opportunities for children, and there is more time
for development of cognitive emotional and social skills, all of which are vital
for a successful school ca~er. She stated that many children have attended
preschool, and they are ready for a full day kindergarten program in order to
continue building their skills; that children who have not attended a preschool
may need extra help in developing the required skills; and a full day program
would provide more of a positive environment for both to occur. She explained
~hac pu~i L;v: i~af,,;,,~j ~periences are conclusive to successful educational
careers, and a child's formal educational career begins with kindergarten. She
stated that while times are tight and all programs which will be brought before
Council have their merit, there is nothing that is more important than the edu-
cation of a child; and requested that Council not compromise that fact and give
the kindergarten programs at Raleigh Court Elementary School and the six
remaining elementary schools the priority that they deserve.
Ms. Connie A. Reid, 2321 Florida Avenue, N. W., a school secretary,
advised that approximately ten years ago, the classified jobs in Roanoke City
and the Roanoke City Public Schools were compared to ensure that equal pay would
be given to those persons performing similar jobs, and school secretaries were
told that job equality between the two groups would continue. She stated that
the position of School Secretary II is unfairly classified at this time when
compared with similar positions in the City's pay scale. She further stated
that school offices have changed and school secretaries, especially those that
manage offices alone, are not regular secretaries unlike secretarial positions
in the City where a person is hired to do a specific job. She advised that
school secretaries are called upon to train teachers on how to use computer
software, they perform the functions of bookkeepers, they are responsible for
334
purchasing and receiving of all merchandise in their buildings, they serve as
assistant comptrollers, their opinions are valued and used by administrators,
and they are expected to keep near perfect books. She further stated that
school secretaries act as office managers, administrative secretaries, school
nurses, prepare and maintain payroll reports, prepare student attendance
reports, prepare student cumulative and confidential records, administer medi-
cine and maintain medication records for students receiving prescribed drugs
while in school, and during the time that all of the abovementioned duties are
being performed, interruptions continue and there is no room for mistakes. She
advised that she has worked as a school secretary at Wasena Elementary School
for 12 years, and during 11 of those years, she has eaten lunch at her desk
every day. She pointed out that it is necessary for persons classified as
School Secretary II to acquire a vast amount of knowledge in all areas as to how
their particular school operates, acting as true administrative assistants; that
their job knowledge involves school law, business law, policy procedure in per-
sonnel, student record keeping, and state and local education rules and policies
which change when the needs of the students change. She stated that the school
system is in a constant struggle to receive adequate funding from the City of
Roanoke; however, for the past ten years, the City has provided adequate pay
raises, and reclassified and hired enough employees in order to get the job
done, which has resulted in less stressful situations for City employees and, in
turn, leads to less insurance claims for a certain segment of employees. She
spoke in support of reclassification of the School Secretary II position,
advising that there is no position in a City municipal office that could be com-
pared to a school secretary. She called attention to many problems of children
in the school system, advising that the number is growing rapidly; that people
are needed who will work in the schools every day, and while volunteers are
appreciated, they are not present all of the time. She explained that it takes
money and hard working people to meet the constantly changing needs of the stu-
dents.
Ms. Kathryn E. Glassbrenner, 5221 Medmont Circle, S. W., advised that
she is a parent, a PTA member and a PTA officer, and she is oualified to sneak
re~l~rding ~ne scnoo~ budget because she is the mother of a high' school student, a
middle school student and an elementary school student. As a member of the PTA
of three City schools, she stated that she has worked on numerous fundraising
projects. She further stated that no one envies the task of Council this year,
advising that the mason education is so important is that when one looks at the
health of the City, one looks at the health of its school system, and if one has
a city that is falling apart, it will not have much of a school system. She
stated that there has been a decline in Roanoke City's population this year;
that she has heard the con~nent that citizens are selling their homes in the City
and moving to the County because they do not feel that Roanoke City provides the
quality of schools at the upper level. She explained that she would like for
every child to have the opportunity to leave the Roanoke City Public School
system having achieved at their highest potential; that she would like for
Roanoke to be a vital, thriving City where it is not necessary to have a race
relations panel to tell citizens how to get along with one another; and the best
way not to need the race relations panel is for all children to go to school
together from the very beginning so that all children will know one another and
value each other's ethnic diversity. She stated that it is important to have
the extras, not extras in terms of frills, but extras that are important to a
really good school system so that Roanoke can keep its citizens within the con-
fines of the City as contributing taxpayers.
Ms. Peggy E. Owen, 4616 Pennsylvania Avenue, N. E., parent of a third
grade student at Monterey Elementary School, advised that it is realized that
there are no extra funds available this year, but it is understood that extra
funds will be available in the future and the only prudent way to spend extra
money is on the education of the City's children. She stated that the children
of today are the leaders of tomorrow; and if parents, educators and governmental
leaders fail to see that the children have the best possible education, they
will be unable to meet the challenges of the future with the knowledge that will
be required to carry out the necessary tasks. She advised that full day kin-
dergarten is a necessity; that Monterey Elementary School alone lost 11 children
during the past school year to localities that provide full day programs; and
with full day kindergarten, there would be no need for noon-time school buses,
drivers and aids. She stated that seven period days for high school students is
an absolute must, advising that while students are preparing for college and the
working world, the extra period of instruction would enable them to be better
prepared for future challenges. She pointed out that the School Health Nurse
Supervisory position is of vital concern and importance in the coordination and
implementation of school health services; that with 40 per cent disadvantaged
students in the City schools, coordination is necessary to oversee routine
health screenings and to ensure that necessary follow-up has been completed;
that staff development for school nurses and administrators is an ongoing pro-
cess that must be continually evaluated to ensure that the health needs of stu-
dents are met, that d~scontinuation of this position would have a negative
impact on the quality of life of the City's youth, and the quality and quantity
of health services would almost certainly decrease, along with academic perfor-
mance.
Ms. Carmala Kelly, President, Garden City Elementary School PTA, 4117
Welcome Valley Road, S. E., advised that the one-half day kindergarten program
at Garden City Elementary School does not meet the needs of all of the children,
and requested that additional monies, when received, be directed to address the
educational needs at Garden City Elementary School such as a full day kindergar-
ten program.
ph .... "'" .... ~,. %h. M,ntallv Ill of
Mr. Jose Pakush, representi,,%l ~,,: ............
the Roanoke Valley, 321 Houston Avenue, N. E., advised that the goa~ of the
Alliance is to improve the quality of life for those persons afflicted with
chronic mental illness. He stated that a growing number of citizens of Roanoke
City are seeking the assistance of Mental Health Services of the Roanoke Valley,
with over 5,000 City residents having received services in fiscal year 1990,
which is a more than 34 per cent Increase in the number of clients over the
1989 level. He pointed out that City funding for Mental Health Services of the
Roanoke Valley has increased approximately 24 per cent over the 1989 funding
level; that $306,588.00 allocated in the proposed budget represents level
funding for the upcoming year; and while Mental Health Services is grateful that
the funding was not cut, the Alliance for the Mentally Ill wishes to emphasize
that 1300 more Roanoke City residents are receiving assistance from Mental
Health Services for less than 60,000 additional City dollars. On behalf of the
Alliance for the Mentally Ill, he urged that Council strive to fund Mental
Health Services of the Roanoke Valley commensurate with the level of services
delivered to the citizens of Roanoke City.
335
336
Ms. Mildred P. Willis, 3835 Darlington Road, S. W., advised that her
four children were educated and raised in Roanoke City. She stated that she was
speaking on behalf of one of her sons who received the assistance of Mental
Health Services who has a serious mental illness, advising that after his last
discharge from the hospital, she searched for suitable housing, housing with a
therapeutic environment and support services, which would enable him to continue
stabilizing and improving his condition. She advised that suitable housing with
a therapeutic environment and support services is a very difficult thing to
locate, if it exists at all in the Roanoke Valley. She explained that there are
homes for adults or homes originally planned to meet the basic needs of room,
board and medicine for the population of the elderly and veterans of past wars;
however, since deinstituttonalization, there is a new population which is
challenging the local community to meet the needs of older, seriously mentally
ill persons beyond the basics of room, board and medicine, which presents a
dilen~na for parents of young mentally ill persons who are aging and they, in
turn, worry about what will happen to their children when they are no longer in
a position to care for them.
Mr. Alphonzo L. Holland, Sr., representing the Harrison Museum of
African American Culture, 3425 Kershaw Road, N. W., advised that two years ago,
he requested that Council support the Harrison Museum and Council, in turn,
appropriated the sum of $85,000.00. He stated that he came to praise Council
for its support of the Harrison Museum, advising that had it not been for the
$85,000.00 appropriation, the Harrison Museum would not have the services of its
executive director, administrative assistant, curator, and maintenance super-
visor. He explained that approximately 10,000 people have visited the Harrison
Museum and well over 10 to 15 renowned artists have displayed their work. He
expressed appreciation for Council's past support and for Council's future sup-
port of the Harrison Museum.
Mr. W. G. Ammen, 4938 Greenlee Road, S. W., advised that he and his
wife worked long and hard to purchase their home which they will use during
their retirement years, but if the current trend continues of raising taxes due
to increased real estate assessments, thev will have n~ r. hnir. e h,,t tn ~,ll
home and move to a locality where the re~l estate tax rate is lower. He stated
that it appears that Council is depending upon the Director of Real Estate
Valuation for a blank check, advising that the more money he can bring in to the
City's coffers, the more money Council has to spend. He stated that in 1982,
the assessed value of all real estate in Roanoke was $1,400,000,000.00+ and in
1991, the projected valuation is $3,209,957,670.00, or an increase over nine
years of 128 per cent. He further stated that it is time for the City to imple-
ment a plan to reduce the real estate tax rate as the assessed value of property
increases, advising that if the tax rate of $1.25 per $100.00 of assessed value
is adopted, the real estate tax will, in fact, go up. He referred to the
contributions proposed to be made by the City to Center in the Square and the
Harrison Museum of African American Culture, advising that Center in the Square
and the Harrison Museum should be operated strictly by the private sector -- by
the citizens who enjoy the arts. He stated that Total Action Against Poverty is
a Federal agency and should be supported by the Federal Government totally
instead of the City contributing a proposed $141,000.00, and the development of
Jefferson High School should be done entirely by the private sector with no City
funds invol red.
337
Ms. Evan S. Callis, 2227 Carter Road, S. W., a sixth grade student,
spoke in support of the Scholars Program which may be cut in the upcoming
budget. She stated that it is unfair to cut such an excellent program that
helps to broaden the horizons of participating students.
Mr. Brian S. Foutz, 1520 23rd Street, S. W., a student at William
Fleming High School, however, in school year 1989-90, he voluntarily enrolled in
the Alternative Education Program of Roanoke City, expressed support of the
Alternative Education Program. He advised that at the time of his enrollment in
the Alternative Education Program, he was seriously considering dropping out of
regular high school courses and taking courses to obtain his G.E.D. He stated
that since attending the Alternative Education Program, he has a different
outlook on life and he plans to obtain advanced education at a major university.
He attributed these positive affects and his improved disposition to the
Alternative Education Program of the Roanoke City Schools and urged that Council
enact a supplemental appropriation for drop-out prevention for the Alternative
Education Program so that many young men and women may experience the additional
guidance that is provided by this program in an effort to steer them in the
right direction so that they will become the building blocks of the nation
instead of castles made of sand.
Mr. George E. Franklin, a teacher in the Alternative Education Program,
advised that Mr. Foutz attended a state conference in Virginia Beach, and alter-
native education students from across the State found his quality of leadership
to be of such calibre that they elected him as President of the Alternative
Education Association of Virginia.
Ms. Patricia W. Witten, President, Central Council Parent-Teacher
Association, 3802 Bosworth Drive, S. W., advised that Roanoke City has a wide
variety of needs within its school system, She stated that Council has done its
best to provide quality education with available funds, however, the people who
should be addressed this evening are the City's state legislators. She
expressed appreciation for the additional funds that are proposed to be
appropriated to the School budget, advising that when the economy improves, it
is ~opee ~ha~ uxL~-o Fur, ds '~lll bo previa~ ~nr the schools. She spoke in sup-
port of Council and the School Board working together, advising that she l~avoreo
the Central Council PTA working with the two bodies. She stated that citizens
of Roanoke should be mindful of where they shop and spend their tax dollars with
City businesses in order to help improve the local economy.
Mr. Stanley T. Broskey, representing the Virginia Museum of
Transportation, 5117 Remington Road, S. W., expressed appreciation to Council
for its support, advising that the Transportation Museum is hard struck with
budget cutbacks in State funding this year, and thanks to the support of the
City of Roanoke, the doors of the Transportation Museum will be open another
year. He explained that the Transportation Museum is about to open a new faci-
lity that will help to educate the citizens of the City, particularly the youth,
in terms of transportation safety and with the City's assistance, the Transpor-
tation Museum will be sustained for another year.
Mr. Peter Lewis, Director of the Alternative Education Program, P. O.
Box 137, Copperhill, Virginia, introduced faculty members and expressed appre-
ciation for the support of Council with regard to education.
338
Mr. Bowers inquired as to whether or not the School Board holds its own
public hearing on the proposed budget, advising that he is always glad to hear
the comments of citizens, but sometimes he feels helpless because citizens
should know that under the law of the Commonwealth, Council does not set school
policy, however, Council is responsible for appointing School Board members and
for categorically funding the school budget. He stated that in the future, it
would be advantageous for the School Board to be in attendance at the public
hearing in order to hear the remarks of citizens.
Dr. David Hartman, 2423 Stanley Avenue, S. E., President of the Mental
Health Association of the Roanoke Valley, advised that the Association is a non-
profit, non-governmental organization with more than 500 members who work to
educate citizens of the Roanoke Valley about issues relating to mental health
and mental illness; and the Association serves as an advocate for quality care
and quality services for those who suffer from mental illness. He stated that
in his role of advocate, he would like to speak in support of funding for Mental
Health Services for the next fiscal year. He advised that the Association is a
service organization and a community service board which provides mental health,
mental retardation and substance abuse services to the citizens of the Counties
Botetourt, Craig and Roanoke and to the Cities of Roanoke and Salem. He
explained that the amount of funds included for mental health services in the
Roanoke City budget for fiscal year 1992 is $306,588.00, the same amount pro-
vided in fiscal year 1991, but $101,420.00 less than the amount requested by the
agency for matching all state based funds at a nine to ten ratio with local tax
dollars. He pointed out that during the fiscal year which ended June 30, 1990,
Mental Health Services provided mental health and mental retardation and
substance abuse treatment services to 5,021 Roanoke City residents, and preven-
tion services to 8,510 residents; that over the past six years, services pro-
vided to Roanoke City by this agency have increased by 40.5 per cent, with the
value of services rendered totalling $4,608,412.00 in fiscal year 1990. He
stated that during the last six years, Roanoke City's allocations to the agency
has increased by only 23.9 per cent, advising that this disparity must be
addressed as future budgets are developed. On behalf of the Mental Health
........................ j .,,v ~.,~,,~ ,r'u,,, Lile services ot
this community service board, he expressed appreciation for Council's con-
sideration of this important funding request.
Ms. Valerie D. Rasheed, 130 Whitten Avenue, N. E., endorsed the
Alternative Education Program. She stated that having worked with dropouts
throughout Virginia and in the Roanoke area, she can attest that alternative
education is often the last stop before children exit the doors of the schools,
and once they exit, there is not a great deal of hope left on the streets and
they end up in the Department of Corrections, where 80 per cent of the inmates
are high school dropouts. She stated that funding for alternative education
should remain intact and that supplemental funding should be found to coptinue
the program, as well as to provide a better ediface for the program to housed.
She advised that the program has done an exceptional job in the past, and called
attention to students who have come through the program who are now contributing
members of the community.
The Mayor inquired if there were other persons who would like to be
heard, at which time no person made their presence known.
339
Mr. Harvey inquired if a member of the School Board or the School
Administration was in the audience. There being none, he inquired as to how
much money would be required in the school budget to reinstate the zero period;
whereupon, the Director of Finance advised that the School Board has deferred,
which would eliminate seven period days, the amount of $433,925.00.
Mr. Bowers advised that the City provided $470,000.00 in additional
funds this year over the adopted 19g0-91 fiscal year budget for the Roanoke City
Schools and inquired as to how the money is proposed to be spent. He also
inquired as to which elementary schools do not have a full day kindergarten
program; whereupon, an unidentified person in the audience advised that Raleigh
Court, Wasena, Grandin Court, Garden City, Fairview, Monterey, and Morningside
Elementary Schools do not have full day kindergarten programs.
The Director of Finance advised that the school budget indicates that
full day kindergarten was expanded to four additional elementary schools, at a
cost of $210,000.00 for the next fiscal year, and other information requested
by Mr. Bowers would be furnished during 1991-92 budget study.
There being no further business, the Mayor declared the special meeting
adjourned at 8:50 p.m.
City Clerk
APPROVED
34O
COUNCIL .... PUBLIC INTERVIEWS OF SCHOOL BOARD APPLICANTS
April 25, 1991
3:00 p.m.
The Council of the City of Roanoke held public interviews with six
candidates for the position of School Board Trustee on Thursday, April 25, 1991,
at 3:00 p.m., in the Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with Mayor Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles (arrived
at 4:25 p.m.), Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Howard E.
Musser, William White, Sr., and Mayor Noel C. Taylor .......................... 7.
ABSENT: None
OFFICERS PRESENT: Ms. Mary F. Parker, City Clerk.
SCHOOL BOARD APPLICANTS PRESENT: Mrs. Marilyn C. Curtis, Mr. Garry A.
Fleming, Mrs. Velma B. Seif, Ms. M. Wendy O'Neil, Mr. James M. Turner, Jr., and
Dr. Harry R. Yates, Jr.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
SCHOOLS: The Mayor advised that on June 30, 1991, the tems of
Mrs. Marilyn C. Curtis, Mrs. Velma B. Self and Mr. James M. Turner, Jr.,
as Trustees of the Roanoke City School Board will expire, and the pur-
..... ~ ~ .... '-- ' ...... i i the upcoming
~vJ~ v, ~,,~ ,., ~,,,~ ,o tv ,,,~=rv ~w s x canalaates for
vacancies.
The Mayor advised of the following actions which were taken by
Council, pursuant to provisions of Chapter g, Education, Code of the
City of Roanoke, 1979, as amended:
At regular meetings of the City Council held on
January 22 and January 28, 1991, Council announced
its intention to elect Trustees of the Roanoke City
School Board for terms con~encing July 1, 1991.
Advertisements were placed in The Roanoke Times &
World-News inviting application§ for the upcoming
vJ'~anCies. Seven applications were received in the
City Clerk's Office prior to the deadline on
Monday, March 11, 1991. Upon filing, the City
Clerk furnished each applicant with written infor-
mation prescribed by Council describing the duties
341
and responsibilities of Trustees of the Roanoke
City School Board. The mass media was encouraged
to make public service announcements of the
impending election of School Trustees and the
selection procedure required.
On March 11, 1991, at 6:00 p.m., Council held a
public reception with the candidates.
On March 25, 1991, Council as a Committee of the
Whole reviewed and considered all applications.
At the regular meeting of City Council on Monday,
April 1, 1991, at 2:00 p.m., Council, on motion,
duly seconded and adopted, agreed to interview all
seven persons who had applied for appointment to
the School Board. The selection process provides,
in part, that the number of candidates to be
granted the interview will not exceed three times
the number of positions available on the Roanoke
City School Board, should there be so many can-
didates.
Those candidates who were to be accorded the public
interview were notified by the City Clerk on
April 3, 1991.
Pursuant to communication under date of April 1,
1991, Mr. E. Hil Cassell, Jr., withdrew his name
from consideration.
A notice was published in The Roanoke Times &
World-News inviting the public to attend a public
Marine to receive the views of citizens ~a~'rlin9
appoin~.ment of School Board Trustees and to submit
proposed questions to the candidates by filing such
written questions in the City Clerk's Office by
5:00 p.m., on Thursday, April 18, 1991. No
questions were submitted.
The Council held a public hearing on Monday,
April 15 at 2:00 p.m., to receive the views of
citizens regarding appointment of School Board
Trustees.
The Mayor stated that the selection process provides that Council
will publicly interview each candidate separately and out of the pre-
sence and hearing of the other candidates; and Section 9-21, Public
Interview of Candidates, of the Code of the City of Roanoke 197~9, as
amended, provides, in part, that interviews of the candidates shall
take place in an order deemed appropriate by the Council.
342
The Mayor advised that Council previously requested the City Clerk
to schedule the following interviews:
3:00 p.m.
3:45 p.m.
4:30 p.m.
7:30 p.m.
8:15 p.m.
9:00 p.m.
Mr. James M. Turner, Jr.
Mr. Garry A. Fleming
Ms. Vel ma B. Self
Ms. Marilyn C. Curtis
Dr. Harry R. Yates, Jr.
Ms. M. Wendy O'Neil
Mayor Taylor explained that each candidate would be given the
opportunity to make an opening statement of not more than five minutes,
and thereafter, Council could ask such questions as Council, in its
discretion, deems advisable. He stated that Council would hold six
interviews and each interview would consist of approximately 45
minutes; and at the conclusion of each interview, the candidate could
leave the Council Chamber inasmuch as no action would be taken by the
Council following completion of the interviews.
In conclusion, the Mayor advised that on Monday, May 13, 1991, at
7:30 p.m., or as soon thereafter as the matter may be considered, the
Council would hold an election to fill the three upcoming vacancies on
the Roanoke City School Board.
The first person to be interviewed was Mr. James M. Turner, Jr.
Mr. Turner advised that it was a difficult decision to make as to
whether or not he would seek reappointment to the School Board. He
stated that like Council, he believes that members appointed to com-
missions, committees and boards should serve a limited number of terms
for certain reasons which will enable other people with new ideas to
have an opportunity to serve their City. and h, ~,,~ +h, M~mh~,: n~
~ouncl) that three terms would be as much as he would wish to serve on
the School Board. He advised that looking to the future, he felt that
it was important that he at least offer his services because there is a
learning curve in becoming effective and knowing what an organization
is about and one does not become effective until one has served for
several years on a committee assignment. He further advised that the
School Board is a good board, that it is relatively young in terms of
experience and will be even more so next year with the retirement of
Ms. Sallye T. Coleman which will leave a School Board that is somewhat
short on experience. He commented that there are good people presently
serving on the School Board; that a number of significant things may
surface during the next several years; that there is a good possibility
that the Superintendent may take retirement or assume a position with
another school system, and having a School Board in place with a cer-
tain amount of experience will help in the selection process for a new
343
Superintendent. He called attention to the importance of having
someone active on the Board with a degree of involvement with the busi-
ness community, someone who has the confidence of the business com-
munity, and he felt that he could bring that approach to the Board. He
stated that the City's future financial situation is bleak, therefore,
it is important for the School Board and for Council to work together
to develop appropriate strategies in order to work with other com-
munities in the Commonwealth of Virginia to convince the Governor and
the General Assembly that if they are indeed going to make education a
priority issue, they need to provide the necessary funds in order to
make education all that they say it should be in Virginia. He
explained that it is important for citizens to serve on the School
Board that have children in the school system because there are
insights and points of view that one cannot possibly gain unless they
have children in the system. He added that he has four children in the
system at the present time which helps him to be more effective as a
School Board member. He requested Council's support for reappointment
to the School Board, however, he stated that if he is not reappointed,
he can honestly say that he spent the necessary time and gave the
School Board and its work the high priority that it deserved in his
1 ire.
Mr. Bowers asked the following questions:
QUESTION: My main concern about education this year has to do
with the issue of discipline in the City's schools. I have visited
the schools over the past several years, however, over the last year or
two discipline problems seem to be increasing and this sentiment is
expressed more and more by parents and teachers than ever before.
Could you address that issue, particularly during your tenure as
Chairman of the School Board? What is your assessment as to discipline
in the City's schools, what needs to be done and what is currently
being done?
ANSWER: Mr. Turner advised that he has spent a considerable
amount of time in the schools and he has not encountered a discipline
problem. He stated that he has heard that there have been problems and
to a large degree, it is reflective of the widely diverse student popu-
lation. He advised that many students come from disadvantaged
situations, and the input they receive from their families and
churches, etc., has a lot to do with their behavior. He pointed out
that it is difficult to deal with students in this day and age because
the rules regarding discipline are much different now than in the days
when he was a student. He stated that in older days, if there was a
discipline problem, a student was kept after school, but now days, if a
teacher keeps a student after school, that teacher is faced with the
problem of how to get the student home. He noted that employees
working in the School system are aware of the problems, that there is
good leadership in the schools, that the high schools have assistant
principals who spend a great deal of time working with students,
however, he stated that he could not promise that the problem will go
away unless there is some type of effective intervention in the lives
of the children at an early age.
344
QUESTION: Members of Council have complained over the years about
the failure of Council to communicate with the School Board and vice
versa. Lofty platitudes are often expressed and people say that there
are better communications now than in the past. How would you assess
the need to communicate with the Council on certain educational issues?
How would you assess the situation today, and can you make suggestions
as to how con~nunications might be improved in the future?
ANSWER: Mr. Turner advised that communication in City administra-
tion and School administration areas can be improved upon through
leadership from the School Board and from City Council. He stated that
the Superintendent and the City Manager talk from tin~ to time, but it
is vitally important that they and their respective staffs spend as
much time together as possible looking at how the schools fit into the
City's overall plan and this can be accomplished with the proper direc-
tion from Council and the School Board. He added that communications
between Council and the School Board is a two-way street, advising that
he has tried to communicate with Council as School Board Chairman when
he has been aware of issues that should be brought to the attention of
Council; that he has attempted to do so through written communication,
and he has received feedback from some members of Council. He stated
that he has endeavored to set meetings with Council Members and it has
not always been an easy task because of individual scheduling problems.
He explained that he would be willing at any time to visit any of the
schools with any member of Council in order that Council Members may
see first hand what is happening in the schools.
Mr. Fitzpatrick asked the fo.l. lowin~l questions:
QUESTION: It has been estimated this year that up to 44 per cent
of the young people in the Roanoke City Schools are disadvantaged or
at-risk. Do you have any ideas that you would like to see implemented
to address the at-risk student? What do you think the future holds
insofar as insuring that they are oroo~_rlv m~lmmma~d?
ANSWER: Mr. Turner advised that the problem with at-risk students
is experienced not only in Roanoke, but in every urban area across the
country because cities seem to be the magnet that draws people with
particular problems inasmuch as cities have the systems in place to
deal with specific problems, and Roanoke seems to go much farther than
any other city in southwest Virginia to meet those needs. He stated
that there is no simple solution to the problem other than early inter-
vention by enrolling these students in preschool or full day kindergar-
ten programs where they can learn those things that society should
teach them such as how to get along with others, how to share, cleanli-
ness, etc., so that when they enter the first grade, all students will
start on a level playing field and they will be able to compete with
those wh ha
345
QUESTION: It seems like the City, School Board and Administra-
tions were battered by negative com~nts from many sources during the
consolidation debate. Do you feel any "bruises" in the system as a
result of the con~nents, and has it had a negative impact on faculty,
members of the schools, the School Board and Administration? If so, how
detrimental do you think the impact has been?
ANSWER: Mr. Turner advised that he did not think the negative
comments had a battering effect, that teachers are professionals and
they are proud of what they do. He stated that persons involved with
the Roanoke City School system know what a good system Roanoke has, and
they know about current programs, as well as what the City is doing in
comparison with Roanoke County. He added that if there was any ill
will, it was more than likely directed at those who used the schools as
a way to hide their true feelings by saying that there were problems
with the schools, or they did not wish to teach some of the students in
the City, or they did not want their children to go to school with
children in the City.
Mr. Harvey asked, the following questions:
Mr. Harvey made the observation that during the nine years he has
served on Council, the School Administration and more particularly, the
Superintendent of Schools, has made a point to direct his staff to
attend public hearings and to put pressure on Council for more funds
for the schools. He stated that he did not have a problem with that
approach, however, the number of people who attend a public hearing is
inm~terial. He added that his perception of the public hearing on the
proposed 1991-92 budget on Monday, April 22, was that Dr. Tota had
instructed his staff not to attend the public hearing because of one or
two reasons; viz: (1) lack of funds or (2) because of upcoming School
Board appointments. He stated that heretofore when there have been
500- 600 people in attendance at the public hearing, he has noticed
.... j ...................... ??:ir.~o~,.~,v,, ,o,~,,,~ ba~k ~,,d Fu~-~h ~
rear of the room observing who attends the public hearing and there
have been instances when School Board members have attended. He
explained that it occurred to him this year that because the "troops"
were called off, there was no member of the School Board or the School
administration in attendance at the public hearing. He stated that he
wanted to ask a school related question and because no member of the
School administration was in attendance, he had to look to the City's
Director of Finance for a response. He further stated that his percep-
tion is that someone is playing games.
QUESTION: Is this assessement of the situation right or wrong and
explain your rationale ir~ responding to the question?
ANSWER: Mr. Turner advised that there is an inherent conflict in
the way that the school system and Council transact business because
both bodies are responsible to the people for the programs that are in
place; however, the School Board cannot accomplish its program without
the funding that Council provides, therefore, the School Board has a
job to lobby City Council for funds. He explained that the Superinten-
dent is not an employee of the City, he is an employee of the State,
346
an he views his primary job as being an advocate for the students of
the Roanoke City Public Schools. He explained that in years past,
School personnel have heard from people in the City that if they do not
have representatives in attendance at the budget hearing, that is an
indication of no interest, and if they want to get funds from City
Council, they have to encourage citizens to attend the public hearing
at the Civic Center, and that message has come from people with the
City administration as well as the School administration, and has
influenced the emphasis to encourage citizens to attend the public
hearing. He stated that parents are interested in the education of
their children and they know that the School Board is limited in what
it can do by the amount of funds it receives from the City. As a way
to deal with the situation in the future, he suggested that the School
Board meet with City Council, followed by a joint meeting of the two
bodies in public hearing. Relative to what happened this year, he
stated that it was known that there would not be a lot of funds for the
upcoming fiscal year and there was no particular desire to have large
numbers of people asking for funds that will not be available. He
stated that School staff did not endeavor to keep citizens from coming
forth to explain the needs of the system, and Dr. Tota was not in
attendance because he was out of the City. He added that he has never
felt it was appropriate for him as a School Board member to appear at a
public hearing because the time is already set aside for the Board to
meet with Council to discuss budget concerns, and the public hearing is
a time for citizens to have an opportunity to address Council with
regard to the needs of the City, just as the School Board has a time
for teachers and parents to address the needs of the school system.
QUESTION: Why was no member of the School administration or staff
in attendance at the public hearing to respond to questions?
ANSWER: Mr. Turner advised that he did not know the answer to the
Question, however, if he had known that Council wanted s~,~nn~ tn h~ (n
attendance to answer questions, he would have instructed a school
representative to be present. He stated that he would inquire of the
School administration and respond to Mr. Harvey's question accor-
dingly.
Mr. Musser asked the followin9 questions:
Mr. Musser expressed the opinion that Council and the School Board
should meet to discuss their problems and how to go about resolving
them. Mr. Turner concurred in Mr. Musser's statement, advising that
it would be time well spent to have a facilitator preside over a joint
meeting of the two bodies. He stated that the responsibility of
Council is to look ahead and provide leadership with regard to the
City's direction in the next century, and the schools represent a large
segment of responsibility. He stated that the two bodies and their
respective administrative staffs need to discuss and implement a plan
about how the schools should fit in generally with Council's vision for
the City.
3 ,7
I!
QUESTION: What do you perceive as the responsibilities of a
School Board member?
ANSWER: Mr. Turner advised that a School Board member must be
aware of what is happening, he or she must be a good listener, he or
she must spend time in the schools in order to get a feel for what is
happening, and he or she must be in a position to set policy and direc-
tion to insure that the school system is moving in the proper direction
to best m~et the educational needs of a diverse student body.
QUESTION: If Dr. Tota accepts a position in another school
system, what bearing will that have on his present contract?
ANSWER: Mr. Turner advised that Dr. Tota is ce,~nitted to the
School Board to operate the school system for four years and the Board
is contractually committed to employ him during that four years unless
for some reason he would fail to do his job, at which time the School
Board could terminate his contract. He stated that if Dr. Tota wishes
to be relieved of his contract, he would need the approval of the
School Board, and the contract would have to be severed. With regard
to the early retirement provision of Dr. Tota's contract, he pointed
out that if he were to leave the School system, the City would not be
obligated to provide the early retirement benefit.
Mr. White asked the following questions:
QUESTION: What do you see as the major problem facing the Roanoke
City Public Schools?
ANSWER: Mr. Turner advised that the major problem is with regard
to ~aling with the increasingly disadvantaged population of the City,
and how to educate those young people effectively. Tied into that, he
stated that Roanoke needs to have a kind of school system that attracts
people that have advantages and parents that have t~e time to spend on
education, and these kinds of students need to be kept in the City's
system of education. He con~ented that it is a balancing act of
dealing with children that are born into problem situations, and
dealing with them in such a way that they can be made into productive
citizens when they leave the school system, as well as continuing to
attract people who want to live in the City of Roanoke because of the
quality of its school system.
QUESTION: What do you see as the role of a School Board member
insofar as setting policy versus the role of the administration in
carrying out policy?
ANSWER: Mr. Turner advised that the School Board sets policy and
expects the administration to carry it out; however, many of the
existing policies are dictated by State law. He stated that in
reality, policy comes from an innerchange of ideas between the School
Board and the administration, advising that the school administrative
staff are the pros in educating children while members of the School
Board are not; that the administration is charged with the respon-
sibility of bringing ideas to the School Board and the Board needs to
348
understand those ideas and decide whether or not, it its judgement, the
recommended programs will adequately meet the best interest and needs
of the school system, He added that the School Board has to be comfor-
table with the recommendations of the administration.
QUESTION: Do you see the School administration, top management,
missing any key positions that should be in place on the organizational
chart?
ANSWER: Mr. Turner responded in the affirmative and in the nega-
tive, advising that funding has been the principle reason that the
position of Deputy Superintendent has not been filled and the system
has had to make do with other people wearing various hats in order to
deal with the situation. He stated that as School Board Chairman, he
has always encouraged debate and insisted that everyone be treated
politely, advising that he values the opinions of other people very
highly and has informed School Board members that if they would like to
delay action on a particular matter at any time, he would be pleased to
comply wlth their request.
The Mayor asked the following questions:
QUESTION: Do you have some particular area of interest that you
would like to pursue if you are reappointed to the Roanoke City School
Board?
ANSWER: Mr. Turner advised that the School Board needs to work
with Council to develop a strategy to convince the General Assembly
that it is not doing what it should in order to fund education in the
Coff~onwealth of Virginia and especially in the urban areas because of
the disadvantaged student population. He stated that a joint meeting
of Council and the School Board to determine if there can be a meeting
of the minds would be a kev to better relation~ and th~ ~d~a n~
handling the budget differently could have a great impact on relations
between the two groups.
QUESTION: A few years ago, it was agreed that the rehabilitation
of some of the City's schools was needed. Are you satisfied with the
timetable that is being followed presently in the renovation of those
schools?
ANSWER: Mr. Turner advised that a prudent course of action has
been embarked upon and it has worked well for the school system to take
one school out of commission each year for rehabilitation. He stated
that the timetable has been good, that Council has been generous
with the City's unspent revenues, and the schools have used those funds
responsibly and wisely in order to keep the schools in good repair.
At 4:20 p.m., the Mayor declared the meeting in recess.
At 4:25 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all Members of the Council in attendance.
At 4:25 p.m., Mrs. Bowles entered the meeting.
349
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The second person to be interviewed was Mr. Garry A. Fleming.
Mr. Fleming advised that he has taught college for 14 years and in
his capacity as a professional educator, he has every day contact with
products of the public school system. He stated that he has a good
understanding of the needs of the students and the areas in which they
are deficient. He added that being a professional educator, he could
be of great benefit to the School Board in the area of curriculum. He
stated that currently he teaches economics, however, he has also taught
accounting and public and private sector finance, and believes that his
expertise in these areas would be beneficial to the School Board in
relation to budget matters. He stated that he is a concerned and
involved parent with two children presently enrolled in the Roanoke
City Public School system, and during the past four years, he has been
involved in their school and in the welfare of the children attending
the school. He added that he has served as First Vice-President of the
PTA for two years, he served on the Instructional Council for three
years, he participated in the text book selection process for two
years, and he has served as a school volunteer from reading to children
to cooking spaghetti at PTA fundraisers. He advised that his purpose
in seeking a position on the School Board is to serve as an advocate
for the children, and the children will always be his number one
priority over every other issue that has to be considered. He stated
that m-st importantly, he is an open minded individual, and he has no
political agenda or aspirations, therefore, he is willing to say what
he thinks and what he believes will be in the best interest of the stu-
dents. He explained that he sincerely believes that he has something
special to offer to the citizens of Roanoke and to the children of
Roanoke, and he would like to help insure that the education which is
provided to the children of Roanoke will open the doors to future
opportunities so that all children will enjoy the fullest possible
life. He stated that he was ready to go to work for the people of
Roanoke, for the teachers of Roanoke, and most importantly, for the
children of Roanoke.
Mr. Fitzpatrick asked the followin9 questions:
QUESTION: What expertise will you bring as a member of the School
Board that will impact directly on the quality of education for
children in the City of Roanoke?
ANSWER: Mr. Fleming referred to the budget, advising that being
an economist and thinking about such issues every day, he has a good
understanding of budgetary issues. He stated that during these days,
the budget is the number one concern and although he has not seen the
school budget, line for line, he feels that there are areas where his
expertise would be of benefit in terms of not only short term but long
term budgeting, therefor, he would have something very strong to say in
the area of budgeting.
350
QUESTION: There are a large number of disadvantaged young people
in the system. It is estimated after the census this year that the
figure could be as high as 44 per cent in the City. Do you have any
particular ideas for addressing at-risk students?
ANSWER: Mr. Fleming advised that given no budgetary constraints,
great things could be done. He stated that a harder look needs to be
taken at retention and drop out prevention, advising that those kinds
of students are likely to be the ones most at risk and most likely to
drop out of school which creates an additional burden on society. He
added that the system should look harder at drug and alcohol education.
Ne stated that there is just so much that the schools can do; that the
schools have been called upon to be quasi parents; and the schools
should and do have something to say about drug and alcohol prevention,
however, it is a parental issue as well. He explained that teen
pregnancy is a problem and new programs and better education in the
area of teen pregnancy and family life should be considered. He stated
that at-risk students should be excited about school and they have to
be taught that studying in school is more important in the long run for
their life than any short run monetary rewards they could reap from
working at a fast food restaurant. He advised that if the school
experience is made to be exciting, there will be an increase in reten-
tion.
Mr. Harvey asked the following, questions:
QUESTION: What fresh perspective would you bring to the School
system, and what would you do differently as a member of the School
Board than is presently being done?
ANSWER: Mr. Fleming advised that generally speaking, a good job
has been done in the City school system, that he is proud of the
schools, and especially proud of Grandin Court Elementary School where
his children attend. He stated that he wmlld l~ ~ co~ +~ ..... ~--
focus more on the average child, the student who may or may not be
college material, advising that there are great programs in place for
gifted students, who in all likelihood will not return to Roanoke after
they complete college, but instead will move on to places like New York
or Atlanta, which, from a social standpoint does not help the City of
Roanoke long term. He stated that the students who will go on to
college and return to Roanoke are the students who are in the average
or the above average category, and he would like for the system to
spend more meney, time and efforts on programs to benefit those stu-
dents.
QUESTION: How do you see the relationship between the School
Board, the School Administration and City Council? If you were to
become a member of the School Board, how would you approach budgetary
problems? How would you approach the idea of encouraging Council and
the School Board to work together more cooperatively?
ANSWER: Mr. Fleming advised that his understanding is that the
Superintendent is employed by the School Board and, in effect, executes
policy of the School Board which is an appropriate role for the Super-
intendent and an appropriate role for the relationship between the
Superintendent and the School Board. In terms of budgetary items, he
stated that it is a matter of looking at a fixed budget and deciding
how to divide the money. He added that from a budgetary perspective,
priorities are very important, that there are necessities and luxuries,
and necessities have to be considered first. He stated that in the
past, there might have been some misplaced priorities in terms of
spending and it is necessary to look very hard at that practice. He
called attention to the necessity of deciding where the priorities lie
and based on those priorities, determine where the money will be spent.
QUESTION: How do you view your role as a School Board member?
Would you be willing to call a member of Council to enlist support for
a specific program or project?
ANSWER: Mr. Fleming advised that if he had a problem, or if he
wanted to see something funded, he would have no problem in talking
directly with any member of City Council.
Mr. Musser asked the following questions:
QUESTION: What do you perceive as your responsibility as a School
Board member?
ANSWER: Mr. Fleming advised that besides the obvious pertaining
to budgetary matters, a School Board member is a liaison between many
different groups -- parents, teachers, students, City and School
Administration. He stated that a School Board member should be a per-
son who is able to con~nunicate with all groups of people, he or she
must be level headed and a "straight shooter," but ultimately, deci-
c(nnc chnmmld h~ n~d~ k~pnino in mind what is in the best interest of
the children.
QUESTION: What is your opinion as to the value of extensive voca-
tional education training?
ANSWER: Mr. Fleming advised that vocational education is very
important. He stated that there are many children, not only in
Roanoke, who for one reason or another, are not college bound. He
stated that vocational education training would be very important to
these adolescents in order to give them some degree of guidance as to
their future when they graduate from high school. He stated that there
are many students who are not necessarily intellectuals, but have a lot
of talent in other areas and the system needs to focus on those
talents. He stated that he would work to form a stronger vocational
education program for Roanoke City.
Mr. White asked the followin~l questions:
QUESTION: What do you perceive as the major problem facing the
Roanoke City Schools and how would you assist in solving that problem?
351
352
ANSWER: Mr. Fleming advised that the School system is a
bureaucracy and everyone knows that there is a lot of waste in a
bureaucracy. He stated that considerable fat could be cut out of the
budget and Council would not have to worry about whether it was
necessary to raise property taxes or the meals tax, etc. He further
stated that he would not be against a tax increase and would be willing
to pay more taxes to insure that his children receive a good quality
education, however, taxes should not be raised arbitrarily. He pointed
out that simply tossing money at a problem is not always the answer.
QUESTION: What assets or characteristics do you possess that
would enable you to be a good School Board member?
ANSWER: Mr. Fleming advised that he is a very open minded indivi-
dual; that he is an independent person; that he has no political
aspirations; and he does not owe anyone any favors nor do they owe him
any favors. He stated that being a good listener is a characteristic
that he would bring to the School Board that would be extremely impor-
tant as a Board member.
Mr. Bowers asked the following) questions:
QUESTION: How do you anticipate communicating to Council or
taking a stand on something you believe in in an effort to educate
Council Members so that they will have a better grasp on a particular
program or topic?
ANSWER: Mr. Fleming advised that first and foremost would be the
provision of appropriate data for review and study. He further stated
that one indicator of how well a student is progressing is through test
scores, advising that unfortunately test scores in the City of Roanoke
are below those of surrounding municipalities. He further stated that
many people place considerable faith in standardized tests and school
...... v- ~ ................ ~ ~,~ ~ ~.v,~.~, ~,,u u,m &i-~& I'~:,~l~:
test scores must obviously be raised is with the average student
because the above average and gifted students will do well regardless.
He added that the system needs to look at the types of programs that
will make it easier and better for these students to obtain the
background they need in English, science and mathematics where they are
tested on standardized exams so that there will be a large improvement
in test scores. He stated that he would not have a problem with
calling a member of Council to explain the rationale for extra funds
for certain necessary improvements or programs.
Mrs. Bowles asked the followin~l questions:
QUESTION: How important do you feel a seven period class day and
a full day kindergarten program would be to the average student?
ANSWER: Mr. Fleming advised that full day kindergarten is extre-
mely important for all students at age five. He stated that children
need to be excited about school when they are young and they must be
shown that school is a place where they want to be and it is difficult
to accomplish that in just three hours per day. He further stated that
353
teachers need the extra time with the child; that it is very important
that kindergarten be a full day program in order to reach the children
at a very young age and get them tu)~ed on to education because if the
system waits until second or third grade, sometimes children are
already turned off on the idea of school and they could become a sta-
tistic or a dropout. With regard to seven period high school class
days, he stated that he was "on the fence" so to speak on that par-
ticular issue, advising that one has to look at marginal benefits ver-
sus marginal costs; that there are probably certain marginal benefits
associated with seven period class days, but he was not sure that the
marginal benefits exceed the cost of providing a seventh period. He
spoke in favor of a method in which parents could help to fund the
seventh period by actually paying tuition. He added that at this point
in time, the City may have to discontinue free summer school programs
and call upon parents for at least a partial tuition to help make up
the di fference.
QUESTION: If you had reviewed the budget presently under con-
sideration, would you have left full day kindergarten in the budget as
a priority and not as a supplemental budget request?
ANSWER: Mr. Fleming responded in the affirmative, advising that
he would have left full day kindergarten in the proposed budget.
QUESTION: What special talents would you bring to the School
Board that do not currently exist?
ANSWER: Mr. Fleming advised that it is extremely important for a
School Board member to be a good con~nunicator which goes back to the
relationship between Council, the Superintendent, parents, teachers and
students. He stated that if one is supposed to give information to
people, one has to be a good communicator, and he feels that he would
bring the talent of a good con~nunicator to the School Board. He added
into the classrooms, watch instruction, talk with children, eat lunch
with teachers, and inquire of them if they feel there is something that
is not being addressed or is missing from the school system. He added
that he would like to visit every high school, every elementary school
and every middle school during the first year of his tenure if elected
to the School Board.
Mayor Taylor asked the followin9 questions:
QUESTION: Are you of the opinion that our vocational education
program is as strong as it should be in order to prepare students for
the world of work who, for financial or other reasons, will not go on
to college?
ANSWER: Mr. Fleming advised that Roanoke has a good program in
vocational education, however, there is always room for improvement.
He stated that considerable emphasis should be placed on the fact that
children know the opportunity exists for them to participate in voca-
tional education programs and that such programs will be beneficial to
them. He further stated that good guidance counseling is extremely
important at the point where students need to make decisions that will
354
e¢~ect the rest of their lives as to whether they will attend college
or drop out of school. He called attention to the need to look at the
guidance counseling program, to determine what students are being told
at those particular junctures in their school life, and whether they
are being led in the right direction and informed of existing oppor-
tunities.
The third person to be Interviewed was Ms. Velma B. Setf.
Ms. Self advised that education is the threshold that opens the
door for living skills and job opportunities for every individual. She
stated that Roanoke is a community that expects more of its schools, it
is a community that has become diversified, not just in race and ethnic
background, but in culture and socio-economic bases. She further
stated that there are many areas that need to be addressed by School
Boards that have never needed to be addressed before. She explained
that children need to have every opportunity to progress to the fullest
advantage and a wholistic approach needs to be taken toward children
rather than a fragmatic approach. She stated that human service agen-
cies, social workers, parks and recreation, libraries, law enforcement
and City government need to work collaboratively; and children need to
see this collaborative effort so that they will have a sense of
belonging in this community. She advised that she has enjoyed the time
she has spent as a member of the School Board; that there are many
areas of concern for School Board members, parents and the community
at-large and, if reappointed to the School Board, she will continue to
have a personal commitment to the students of Roanoke City.
Mr. Harvey asked the following questions:
QUESTION: What have been your major accomplishments during your
~enure on ~ne ~cnooi 6u~rd?
ANSWER: Ms. Self called attention to two areas, one relating to
the Truency Program, advising that she has served on a truency commit-
tee whose function is to work with other agencies in an effort to
decrease the truency rate in the Roanoke City Public Schools.
Secondly, she stated that she has served on a Federal Relations Network
for the past two years, advising that only four people from the
Conmnonwealth of Virginia have had the opportunity to work with the
Federal Government in this capacity, that she has gone to Washington on
two occasions to meet with legislators to apprise them of the areas in
the State of Virginia that need to be addressed which, in effect, has
had a positive impact on the national level because of the grants that
the City of Roanoke has received.
QUESTION: What would be your main reason for reapplying for the
School Board, and what do you think you can contribute over and above
what you have already contributed?
355
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ANSWER: Ms. Self advised that being a professional volunteer, she
is available 24 hours a day for School Board related work, as opposed
to some Board members who have full time jobs and may not be able to
devote as much time to the work of the schools. She stated that con-
tinuity on the School Board is important, advising that it takes a cer-
tain amount of time to understand the process and to play a viable role
in the organization. She pointed out that by having served three
years, if reappointed, she would be in a position to continue to over-
see existing plans, programs and policies of the School Board.
Mr. Musser asked the followin_9 questions:
QUESTION: What do you perceive to be the responsibility of a
School Board member?
ANSWER: Ms. Self advised that a School Board member is a trustee
of the State and is responsible for setting policy and procedures for
the school system, and the manner in which policies and procedures are
administered is the responsibility of the school administration. She
advised that the School Board is a policy making body for the Roanoke
City Schools under provisions of the Constitution of Virginia.
QUESTIO)]: A statement was made earlier relating to an increase in
the disadvantaged population of the City's school system. What rela-
tionship will such increase have on vocational education programs?
ANSWER: Ms. Setf advised that Federal money received by the City
for vocational education is classified under secondary education and is
listed with colleges and with the school system to 12th grade and
should be reviewed for possible revisions. She stated that some funds
could be redirected federally because of the way they are umbrellaed at
this point. She pointed out that certain programs are proposed to be
redirected rather than eliminated, such as the nursing program at
Willlam Flemlng tllgn ~cnooi w,~c,, ,~ ,,~ ----- d~.~n.+~,,,,~a h,,t may ~
picked up under hospitals in the Roanoke Valley.
Mr. White asked the following questions:
QUESTION: What do you see as the major problem facing the Roanoke
City Schools and how can you be of assistance in solving the problem?
ANSWER: Ms. Setf advised that the major problem facing the
school system is funding, and she has given considerable thought as to
how this will effect the coming year. She stated that it may become
necessary to look at the possibility of imposing a school tax, advising
that the real estate tax is divided too many ways and through too many
areas. She expressed concern that no raises or cost of living allowan-
ces will be given to teachers this year.
QUESTION: If reappointed for another term on the School Board,
what would you like to accomplish?
ANSWER: Ms. Self advised that she would like to see a con-
tinuation of new programs which may need to be looked at in a different
way.
356
Mr. Bowers asked the followin9 questions:
QUESTION: )(ow would you assess discipline in the schools today as
opposed to three years ago when you were appointed as a member of the
School Board? What recommendations would you make to correct or improve
the problem?
ANSWER: Ms. Self advised that discipline problems have always
existed. She stated that children now days have much more freedom and
with that freedom comes an unstructured, undisciplined life. She
stated that a considerable number of mandates have been issued on how
the system can handle discipline, and she would be in favor of stronger
discipline, advising that teachers need to have students who are ready
to learn because there are instances when the quieting of a classroom
takes longer than the actual instruction time. She pointed out that
much of the activity that starts in school was left over from the night
before, and considering the amount of recent con~nunity problems, there
has not been a lot of disruption in the school system.
Mrs. Bowles asked the following questions:
QUESTION: I am sure you are aware of the Standards of Quality in
Education which states that all School Board members are required to
participate annually in a curriculum study in personnel. Have you
attended all of the required sessions and if so, please elaborate?
ANSWER: Ms. Self advised that she is over the limit of required
attendance, that she attended meetings in Charlottesville and recently
returned from a regional meeting in Blacksburg on how School Boards can
regularly work together to further assist the students.
QUESTION: What priority did you give in the upcoming budget to
seven period class days and full day kindergarten?
ANSWER: Ms. Seif advised that high school seniors are saying
that they must have seven period days in order to meet college require-
ments. She pointed out that none of her children had seven period
class days, however, they could have benefited greatly if it had been
offered, and they would have had the flexibility to take different sub-
jects. She stated that if the City wants to stay competitive with
other localities, seven period class days are needed to provide stu-
dents with as many options as possible in order to take the subjects
they need in preparation for college. She further stated that even if
a student is not college bound, a seven period day would still be
advantageous in order for them to receive all of the basics they need
for vocational training. She spoke in favor of full day kindergarten,
advising that some students come into the system and teachers have to
unteach them some of the things they learned in the home in order for
them to get along with other children. She pointed out that some
children come into the system who have never used a knife, fork or
spoon, but instead have eaten their meals with their fingers in front
357
tl
of the television set. She explained that if teachers could have
children for a full day in a good school environment, together they
would learn the basic skills for first grade. She advised that full
day kindergarten is needed in order to give children a good foundation
for future learning.
QUESTION: If all School Board members feel as strongly about full
day kindergarten as you seem feel, why was it not included in the pro-
posed 1991-92 school budget as opposed to the supplemental budget?
ANSWER: Ms. Seif advised that the School Board tried to address
the primary areas of concern, that there were numerous requests
that demanded attention, and the Board tried to look at all of the
areas. She pointed out that seven schools already have full day kin-
dergarten programs, that full day kindergarten is a priority but when
the Board looked at the budget overall, it had to look at what is the
main priority and proceed from that point.
Mr. Fitzpatrick asked the followin9 questions:
QUESTION: You mentioned on your application that you are a member
of the Regional Board for Low Incident Handicapped Students. How does
that relate to your job as a member of the School Board?
ANSWER: Ms. Self advised that in 1980, the surrounding school
divisions looked at a regional approach to the needs of low incident
special education students in an effort to feed from each other. She
stated that the increase in special education in Roanoke City is tre-
mendous, advising that there are 130 new special education students
this year alone in Roanoke City which consumes a large sum of money.
She explained that the Regional Board consists of one School Board
member from Roanoke City, the City of Salem, and Roanoke, Franklin,
Botetourt and Craig Counties. She advised that the majority of the
Ct tv ' ~ handi canned Rtlid~n tR a ~ nl ~r~d at. the Roanoke C~mlntv
Occupational Center, that hearing impaired students from the above
localities attend Virginia Heights Elementary School, and some handi-
capped students attend Preston Park Elementary School. She advised
that the Regional Board is a collaboration of these six school divi-
sions working with low incident special education students because if
it became necessary to purchase equipment for each of the six school
divisions to handle a small number of students, it would be very
costly. Therefore, she pointed out that the six school divisions work
together as a Roanoke Valley Regional Board to address the needs of low
incident students in these localities.
QUESTION: I am concerned about the number of at-risk students in
the Roanoke City Schools. Do you have ideas that could be utilized to
bring more attention to the at-risk student and are those ideas depen-
dent on funding?
358
ANSWER: Ms. Seif noted that the Police Department's Youth
Division could be of great service, advising that once a student leaves
the school grounds, school officials have no jurisdiction over them.
For example, she explained that if a police officer sees a child on the
street and stops to ask which school that child attends and whether or
not he or she should be in school, such action would serve as a
deterrent from skipping school. Instead, she stated that no one says
anything to the student if they are seen in the community during school
hours. She stated that police officers assigned to work with the youth
of the City could do a better job during the school day by saying to
these students that they will take them back to school and talk with
their principals, advising that it appears that no one actually cares
about the at-risk students. She added that there needs to be more
social services for these young people -- people to go to the home and
question the parent as to why their child is not in school. She
pointed out that as a community, Roanoke is failing by not letting
these students know that they are cared about.
Mayor Taylor asked the followin0 questions:
QUESTION: Do you have some particular areas of interest that you
would like to pursue if you are reappointed for another term on the
Roanoke City School Board?
ANSWER: Ms. Self advised that the drop out rate has decreased
tremendously which is an area were work needs to be continued. She
stated that young people are not returning to Roanoke after college and
if they do come back, it is to minimum wage jobs. She added that she
would like to see the continuation of existing programs, advising that
she would not be in favor of eliminating any program that is doing well
because of lack of funds. She referred to certain statistics from the
Virginia School Board Association on budget cuts throughout the United
States in which it is pointed out that Michigan and Virginia are the
only ~wo s~a~es ~na~ are above ten per cent in the whole nation with
regard to cutting funds for education.
QUESTION: Are you of the opinion that the City's Vocational
Education Program is sufficiently strong to prepare students for the
world of work if they cannot, for financial or other reasons, attend
college?
ANSWER: Ms. Seif advised that Roanoke City's alternative educa-
tion is a diversified program, and the system will have to continue to
enlarge vocational education because every student is not ready for
college: She pointed out that the student who participates in voca-
tional education needs a considerable amount of community involvement
in order for them to go into the work force having learned their trade
on the very best equipment.
359
Ms. Self advised that if reappointed to the School Board, she
would like to see an ongoing working relationship between City Council
and the School Board. She called attention to the need for more and
better cooperation between Roanoke City, Roanoke County and the City of
Salem because new businesses will not choose to locate in the Roanoke
Valley if they see the lack of cooperation that has existed at times in
the past. She stated that if everyone on the City side and everyone on
the School side would speak in favorable terms about the City of
Roanoke, together a difference would be made.
At 5:35 p.m., the Mayor declared the meeting in recess until
7:30 p.m.
At 7:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
The fourth person to be interviewed was Ms. Martlyn C. Curtis.
m
Ms. Curtis expressed appreciation to Council for having enough
confidence to appoint her as a School Board member three years ago at a
time when she knew nothing about school related matters. She stated
that having served on boards and having served as a director for cer-
tain state and national business and professional organizations, she
has gained a considerable amount of experience in budgeting, taxes,
employer and employee relations, federal rules and regulations, and
continuing education, etc. She advised that when she assumed her posi-
tion on the School Board, it was her impression that her job was to be
a policy maker; that she did not and still does not feel that School
Board members should be in the schools and classrooms telling prin-
cipals and teachers how to do their jobs; and it took the first three
y~.a~ tn h~cnm~ arQ,maint~d with all nf th~ .nnl4ry mal~(nn nencadlit~.~ aR
well as school staff. Now that she has become fami)i~r with that
aspect, she pointed out that she is ready to become more involved in
the programs and how they are administered. Even though she does not
intend to frequently visit the schools, she stated that she is in a
better position now to understand more about the programs and how the
administrative staff handles the funds.
Mrs. Bowles asked the following questions:
QUESTION: Do you have any special accomplishments that can be
directly attributed to your being on the School Board during the past
three years?
ANSWER: Ms. Curtis advised that she was not sure that she had
made any significant accomplishments; however, she might have been able
to add some diversity to the School Board and level off some feelings
with regard to various movements, advising that she was not always in
the most popular position. As a Board member, she stated that she has
been laughed at, ridiculed and made fun of for standing firmly on her
beliefs.
360
QUESTION: With regard to the Standards of Quality in Education
which states that members of each local School Board shall be required
to participate in in-service programs on personnel, and curriculum
issues concerning education, etc., have you met all of the require-
ments?
ANSWER: Ms. Curtis advised that she has not attended as many
meetings this year as she was able to attend during the past year. She
stated that she planned to attend a meeting on May 31 in order to pro-
perly quali fy.
Mr. Fitzpatrick asked the followin9 questions:
QUESTION: What are your concerns with regard to at-risk students
and do you have ideas about how the system can continue to help that
particular segment of the student population?
ANSWER: Ms. Curtis advised that there are programs in place for
the at-risk student. She called attention to pre-kindergarten and
vocational education programs, as well as alternative education
programs, advising that if these programs are continued, the system
will be adequately addressing the needs of the at-risk student.
QUESTION: Given the current fiscal crisis on the state level, do
you as a School Board member have any suggestions about alternative
funding strategies that could be utilized to create more opportunities?
ANSWER: Ms. Curtis responded that she did not have any par-
ticular ideas to express at this time although something must be done.
She called attention to the importance of working with Council in order
to use all available funds this year with the hope that the budget
situation will improve next year.
Er. ~idrvey asked ~ne roi Iowln~l questions:
QUESTION: In reviewing the 1991-92 fiscal year budget, are you
satisfied with the programs that are recommended for funding? Do you
agree with the priorities that were placed on the programs this year by
the School administration?
ANSWER: Ms. Curtis advised that for the most part she was in
concurrence. She stated that the Board worked hard to insure that
necessary programs were left intact in accordance with the amount of
funds it had to work with. She stated that she was quite concerned
over those items that were left unfunded, but when she discovered that
they could be included in a supplemental budget, she did not feel quite
as nmch of a loss.
QUESTION: On your application, you indicated that you have been
over looked for certain committee assignments and that you have been
ridiculed, laughed at, etc., please elaborate on that statement?
361
ANSWER: Ms. Curtis advised that she has not been one of the most
popular members of the School Board insofar as being liked by some of
the other Board members and her contributions to the meetings have not
always been received respectfully. She stated that on occasion she has
said that she is the "step child" of the School Board. Several weeks
ago, she pointed out that she reminded the Chairman that she is never
asked to represent the School Board at out of town meetings, nor has
she received her fair share of committee assignments.
QUESTION: Does this behavior come from the Chairman of the School
Board or from the administration?
ANSWER: Ms. Curtis advised that it came about as a result of the
signing of the new contract for the Superintendent of Schools during
her first year on the School Board when she expressed her displeasure
with the method in which the contract was drawn up and the manner in
which it was presented to the School Board. She pointed out that by
speaking out on the matter, she was not in a popular position with many
people. She added that because she has not been extremely outspoken on
School Board issues, certain people might have received the impression
that she is a "pushover"; however, now she feels that she is earning
her own respect.
Mr. Musser asked the followin0 questions:
QUESTION: What do you feel is the responsibility of a School
Board member and what do you feel should be the relationship between
the School Board and City Council?
ANSWER: Ms. Curtis advised that Council has reached far and wide
to select those persons that will work for the betterment of the stu-
dents and the City as a whole. She stated that as a School Board
member, her top priority would be in the policy making area to insure
that the school system is run in a manner that will h~n~_fit th~ ~ntir~
City, and that the relationship between the School Board and the
Council should be a working and cooperative relationship.
QUESTION: In view of the fact that 44 per cent of the City's stu-
dent population is classified as disadvantaged, do you feel that the
City's vocational education program is adequate in order to keep these
students in school and prepare them for the future?
ANSWER: Ms. Curtis advised that the vocational education program
needs more study. She stated that the school system has finally
realized that not everyone is a four year college degree person and the
word "vocational" has been extended to include numerous areas. She
further stated that the number of at-risk students is increasing and a
determination needs to be nk~de as to whether or not the vocational edu-
cation program fits the needs of those students.
QUESTION: Do you feel that the proper job is being done to deter-
mine which students need to be placed in vocational education programs?
362
ANSWER: Ms. Curtis advised that much work needs to be done. She
stated that there are some instances when alternative education per-
sonnel can spot students who are at risk, advising that much work has
been done, but there is still a considerable amount of work left to be
done.
Mr. White asked the followin(I questions:
QUESTION: What do you perceive as the major problem facing the
Roanoke City Schools in the next three years and what can you, as a
member of the School Board, do to help resolve future problems?
ANSWER: Ms. Curtis advised that the system needs to work with
all of the students and at-rSsk students should be one of the top
priorities. She stated that the system must locate the at-risk stu-
dents, and provide proper courses so that they will be in a position to
make their way in life once they leave the school system. She pointed
out that all inner cities experience the same problems as Roanoke, and
also expressed concern over the average student.
QUESTION: So much emphasis is placed ~ the at-risk student popu-
lation. Two of the major programs that serve at-risk students -- full
day kindergarten and alternative education programs have been placed in
the supplemental budget for fiscal year 1991-92. Why were those
programs deleted from the budget and placed in the supplemental budget?
ANSWER: Ms. Curtis advised that the School Board worked long and
hard with regard to the proposed budget and endeavored to prioritize
programs in the best possible way, and not everyone was in agreement
with the prioritization or with the items included in the supplemental
budget. She pointed out that the system will have to face the fact
that it has 44 per cent disadvantaged students, focus on that segment
of school population, and find solutions to the problems.
Mr. Bowers advised that he was shocked that Ms. Curtis, a promi-
nent business woman in the City of Roanoke, has been ridiculed as a
member of the Roanoke City School Board. He stated that Ms. Curtis is
not a "rubber stamp"; that there may be some "rubber stamps" on the
School Board and some of them may wish to be reappointed. He pointed
out that he remembered approximately two years ago when Mr. Don Bartol
said just about the same thing that Ms. Curtis had said this evening.
He conlnented that Ms. Curtis is a nice lady who has dedicated herself
to public service and he was ashamed and shocked at the manner in which
she had been treated. He advised that Ms. Curtis may not be popular
with certain members of the School Board, but she is popular with the
City Council and with the citizens of the City of Roanoke and that
everyone should be thankful that she is not a "rubber stamp" and that
she has the courage to stand up for what she believes in. He stated
that he did not have any questions for Ms. Curtis.
Mayor Taylor asked the followin~l questions:
QUESTION: Do you have any particular areas of interest that you
would like to pursue if you are reappointed to another term on the
School Board?
363
ANSWER: Ms. Curtis advised that certain items in the budget need
to be carefully studied. She stated that she would like for the school
system to work with at-risk students, as well as full day kindergarten
programs.
QUESTION: Are you of the opinion that the City's vocational edu-
cation program is sufficiently strong to prepare students for the world
of work who cannot, for financial or other reasons, go on to college?
ANSWER: Ms. Curtis advised that she did not feel that the system
is doing enough in vocational education, and the program should be
enlarged and expanded into other areas.
The fifth person to be interviewed was Dr. Harry R. Yates, Or.
Dr. Yates advised that the main reason he felt he could contribute
something to the City of Roanoke and to the school system is based on
the fact that he is a second generation Roanoker. He stated that he
started his education in Roanoke in the public school system, from
Wasena Elementary School, to Woodrum Wilson Junior High School, to
Jefferson Senior High School and he received a good education which
served him well for his 12 years at the University of Virginia. He
further stated that it is possible for a school system to provide a
good education, and whether students take advantage of the experience
is something that cannot be controlled by the school system. He added
that he knows the value of a good education and he would hope that his
views on education would bring a fresh approach. He conmnented that he
does not have political or monetary aspirations, and his purpose in
seeking appointment to the School Board is to give something back to
Roanoke City because it was the City and the City's school system that
got him off to a good start.
Mr. Musser asked the following questions:
QUESTION: What do you feel should be the responsibility of a
nmmber of the School Board? What should be the School Board's rela-
tionship with City Council?
ANSWER: Dr. Yates advised that City Council is responsible for
funding the school system. He stated that if there are X number of
dollars, there must be a meeting of the minds to determine how the
funds will be shared.
QUESTION: What emphasis should be placed on vocational education
and what emphasis should be placed on efforts to target those students
who need this particular type of education in order to keep them from
dropping out of school and becoming a burden on society?
ANSWER: Dr. Yates advised that students should be encouraged
because not everyone is an Einstein and there are students who excel
with a middle ground IQ. He stated that there are students with very
high IQ's who, if they are not challenged, will simply take up space.
364
Mr. White asked the following! questions:
QUESTION: What do you see as the major problem facing the Roanoke
City Schools in the immediate future and what could you contribute as a
member of the School Board to solve this problem?
ANSWER: Dr. Yates advised that dollars are needed, and he has no
concept of how many dollars it takes to run the school system. He
stated that funding is the largest problem facing the system and how
much of the funding is relevant to educate students is something that
he would need to observe for himself. As an example, he called atten-
tion to the need for more teachers, rather than an airplane for
aviation instruction. He added that a child has to be taught at an
early age and motivated to learn.
QUESTION: Are you familiar with the make-up of the student popu-
lation as far as income level, social background and diversity of
programs?
ANSWER: Dr. Yates advised that his only knowledge has been
through what he reads in the newspaper.
Mr. Bowers asked the followin~l questions:
QUESTION: How would you assess discipline in the schools? What is
your assessment of teacher morale?
ANSWER: Dr. Yates advised that discipline was a problem when his
daughter graduated from the system and from what he has been told it is
still a problem. He stated that a great deal of the responsibility for
discipline is lacking in family life, advising that it seems that
parental discipline is no longer fashionable. He added that discipline
is needed in the schools because students can learn only in a quiet
............... ,,,=,= ~,,=,~ ~ ~. dura conauclve to learning. He stated
that children will not discipline themselves and will push as hard as
they can to see how much they can get away with. He stated that from
what he reads in the newspaper, there is a general lack of discipline
in the family; that the schools are not equipped to handle all
discipline problems and the schools must make it known that if a child
comes to school, he or she must abide by certain rules, do their
homework and observe a dress code, etc.
With regard to teacher morale, Dr. Yates advised that he has been
told that morale is not good, and when there is a dispute between a
student and a teacher, or a student and an administrative person, the
teacher usually comes up second in 99 per cent of the instances. He
added that this information has been relayed to him by persons who have
retired from the system. He stated that certain teachers who are more
qualified than others should be rewarded, while teachers who are not as
qualified should not receive their pay grade elevation.
Mrs. Bowles asked the followin0 questions:
QUESTION: What special talent or expertise would you bring to the
School Board that is not already represented?
ANSWER: Dr. Yates advised that he would be objective in his
thinking and he would make reasonable decisions because he has no bias
other than his own personal opinion. He stated that he would be
totally independent and he would not be in the pocket of teachers or
Council Members, therefore, he would be in a position to think and
speak his opinions.
QUESTION: If elected as a School Board member, do you think that
it would be appropriate for you to visit various schools and talk with
students and teachers?
ANSWER: Dr. Yates advised that he would like to visit the
schools, and he would hope that the teachers would feel free to talk
with him without fear of repercussions.
Mr. Fitzpatrick asked the following questions:
QUESTION: You alluded to the budget crisis. As a layman, do you
have thoughts on alternative school funding strategies?
ANSWER: Dr. Yates advised that no particular thing comes to mind.
He stated that in any bureaucracy, there are generally certain things
that could be done better such as consolidation of programs, etc.,
advising that most bureaucracies create their own needs.
QUESTION: What do you think is the greatest deficiency of the
Roanoke City Public School system at the present time?
ANSWER: Dr. Yates advised that the grea. test problem is in moti-
vating the students to learn whici~ i> <1 .... e .... ~ 4,,¢* Dnmnn~tm.
but every school system. He stated that if children are not motivated
to learn, the whole system gets bogged down.
Mr. Harvey asked the followin9 questions:
QUESTION: Why are you really applying for the position of School
Board Trustee?
ANSWER: Dr. Yates advised that there are some persons who feel a
civic duty to serve their community and he may be one of those persons.
He stated that if he could be responsible for initiating just one idea
that could be carried forth to make one child or 50 children learn more
and contribute more, his service on the Board would be well worth the
sacrifice. He added that he would assume his position if appointed to
the School Board with an open, unbiased mind.
365
366
QUESTION: What do you think you might be able to accomplish as a
School Trustee that is not being accomplished at the present ti~?
ANSWER: Dr. Yates advised that he did not have anything specific
in mind, however, if he could be instrumental in helping to make just
one program a little better, or help in some small way to recognize a
teacher or an administrator who might be more qualified than his or her
colleagues, such act would engender goodwill. He stated that the more
people are recognized for good deeds, the harder they will strive
within the system.
Mayor Taylor asked the follow, i_n_~ questions:
QUESTION: What do you think the relationship should be between
School Board members and City Council members?
ANSWER: Dr. Yates advised that the two groups should work
together and not fight each other, which is counterproductive. He
stated that the Board needs to work with the Members of City Council
who are responsible for appropriating operating funds.
QUESTION: Are you of the opinion that the vocational education
program is sufficient to train those students who do not plan to attend
college to enter the world of work, or do you think a broader range of
vocational education programs is needed to prepare those persons to
lead successful lives?
ANSWER: Dr. Yates advised that his only knowledge deals with when
he graduated from the system at which time those students were ade-
quately trained to enter the work force. He stated that a very struc-
tured program should be in place and there should be no stigma attached
to being a good carpenter, or a good bricklayer, or a good auto mecha-
nic, etc. He added that a good vocational education program is worth
~t~ .:;~hL i,, ~ui~ o,~ Lh~ ~tude,~t~ ,m:~ Lo F~:i L~mdL wh~t ~hey are
contributing is worthwhile.
The sixth and last perso~ to be Interviewed was Ms. H. Wendy O'Netl.
Ms. O'Neil advised that the City of Roanoke has charged the School
Board with the mission of providing the highest quality of education
possible to develop the full potential of all students; that in order
to fulfill that mission, the School Board must serve as a catalyst
drawing the community together, for education is a sharing respon-
sibility and requires a partnership between students, parents, guar-
dians, teachers, administrators, School Board, Council, the business
sector and the community at-large. She stated that children are eager
to learn, and a good solid high quality education that emphasizes cri-
tical thinking and reasoning skills and does not squash innate
curiosity is the greatest gift that can be given to the children. She
further stated that as a former middle school teacher, high school
teacher and as a parent, she agreed with Plato when he wrote, "The
direction in which a child's education starts n~v well determine his
future life." She commented that Grades K-3 are ~rucial in developing
367
in each child an eagerness to learn and a thirst for knowledge that
develops into a true appreciation that learning is a life-long process.
She advised that as students mature, they should be prepared to accept
greater responsibility for their direction, pace and curriculum
choices. She stated that the system can help prepare them to accept
this responsibility by teaching them and encouraging them to develop
tools and skills which will empower the decisionmaktng process. She
added that all students must be communicated with clearly, shown that
their individual talents are appreciated and respected, and support
their academic and career choices. She noted that it is encumbent upon
everyone to tap the talent within each student and to effectively com-
municate that no greater value is placed on a college degree than a
master electrician's license or a technical school education, etc., and
all children deserve to be and must be held in equally high esteem.
She noted that Roanoke City and the Roanoke City Public Schools imply
many strengths, and Roanoke is blessed with a diverse population, a
can-do attitude, caring and concerned citizens, strong neighborhoods
and excellent teachers who are committed to the children. She advised
that there are no weak areas, only areas of challenge. She stated that
the challenge is twofold; viz: citizens must not become disheartened
and discouraged because the current financial setback is only temporary
and can be worked through, and secondly, insufficient funds should not
be allowed to become the stumbling block or the scapegoat for lack of
student achievement. She pointed out that in any crisis, there is an
opportunity; that starved of financial resources, the system will be
forced to become more creative and more resourceful; and people tend to
rise to the greatest heights out of diversity and not prosperity. She
stated that additional challenges at the present time relate to the
development of stronger programs which will meet the needs of average
students, strengthen the technical and vocational education curriculum,
emphasize the needs of students requiring remediatton, address the
needs of students best served through alternative education programs,
secure the funding necessary to support educational objectives, and
advised that seven period class days and f;{~ ~;~ ~nd~g~-~t~ must be
supported if all of Roanoke's children are prepared and ready to face
the demands posed by the national workforce in the year 2000 and
beyond, She explained that the relationship of the School Board to the
Superintendent is very clear as indicated by the division of respon-
sibilities and the lines of authority and accountability, She stated
that the School Board is responsible for establishing, maintaining and
enforcing policy in support of the mission of the schools and is
accountable to City Council; that the School Board must establish edu-
cational goals, create a climate which encourages parental and citizen
input while listening carefully, setting personal interest aside and
testing all decisions against the impact they wtl~ have on the
children, practice fiscal responsibility, lobby actively for additional
state funding and assist with the development of new income streams,
provide a visible but not intrusive presence in the schools, provide
leadership by investing time and setting an example by being respon-
sible, stable, flexible and creative, be proactive and not reactive,
and determine the direction and pace of the school division as the
system moves toward the year 2000. She added that the Superintendent
is charged with carrying out School Board policies and supervising day
368
to day operations of the school division, and, being accountable to the
School Board, the Superintendent serves as the division's chief opera-
tional and instructional leader. She noted that everyone engaged in
the educational partnership must practice the four fundamentals of good
government if the eduational mission is to be fulfilled, advising that
open, honest communication is necessary at every level, using a common
sense, disciplined planning and humanistic philosophy which values
peace, justice, freedom and dignity of all people.
Mr. White asked the following questions:
QUESTION: What do you see as the major problem facing the Roanoke
City Public Schools in the immediate future, and if you are appointed
to the School Board, hm~ will you help to solve the problem?
ANSWER: Ms. O'Neil advised that raising the self-esteem of
average and below average students is very near and dear to her heart.
She stated that much is done in Roanoke City in support of the gifted
students and she would like for that to continue, but she would also
like to see more recognition given to vocational education and tech-
nical education students, as well as average students. She further
stated that there is a need to effectively communicate that all stu-
dents contribute to society and not simply the top five per cent,
although she is extremely proud of that group as well and would not
want to see their accomplishments diminished. She added that average
students and below average students need to see options and choices
that they have in their lives and they need help in strengthening their
strong areas and in learning how to compensate for those areas where
they are not as strong. She explained that the worth of a person does
not hinge on a grade which needs to be effectively communicated. She
stated that she is interested in working on developing programs for the
average student, as well as those students involved alternative educa-
tion. She added that if the system does not continue with alternative
....... v.., ~.,~,~ ,,il u: ,,,~,:a~:u i~,-ubi~,,,~ ~u~im d~ those cnal: nave
been experienced of late in the City. She stated that she is
interested in lobbying heavily in Richmond for funding, advising that
it is imperative and encumbent upon all citizens to seek help. She
further stated that she would encourage the participation of faculty
and classified employees in the decisionmaking process, advising that
there is a great deal of input that could be obtained from employees
who are not being asked their opinion, and spoke in favor of incentive
programs specifically designed to reward good ideas.
QUESTION: As a member of the Roanoke City School Board, what
would you do to insure that School Board and Council relationships are
improved?
ANSWER: Ms. O'Neil advised that she would work very hard to prac-
tice the fundamentals of good management, viz: common sense, open and
honest communication, better listening skills, setting aside personal
priorities and self-interest and testing everything that is done
against the impact that it will have on students and citizens. She
stated that if persons are overly concerned about thetr own special
interests, they are not considering the interests of the children.
369
Mr. Bowers asked the following_questions:
QUESTIOI~: What is your assessment with regard to discipline in
the schools? What is your assessment of teacher morale?
ANSWER: Ms. O'Neil advised that she is concerned as a citizen of
Roanoke by increased violence in the schools. She stated that alter-
native education programs assist in drop out prevention as well as in
addressing severe behavior problems. She commented that she is worried
about the idea of suspending and/or expelling students, advising that
she did not think that a student bringing a weapon to school should
necessarily be grounds for automatic suspension because that student
may or may not be back out on the streets with another weapon, which,
in effect, addresses the surface action and not the root of the
problem. She stated that the root of the problem should be addressed
or there will be increased reoccurring problems. She advised that
discipline in the schools vary, and teachers should have more input
into the disciplinary actions to be taken with the students with whom
they are directly working. She stated that the type of program which
might work in one elementary school might not necessarily be suited for
all elementary schools, advising that there must be flexibility,
creativity, and reasonableness in addressing the problem and not just
the symptoms. She stated that bad behavior rewarded comes back time
and time again, therefore, there needs to be some consistency in
handling bad behavior.
With regard to teacher morale, Ms. O'Neil advised that there are
financial matters that are of concern to teachers. She stated that
teachers are interested in being able to provide the highest quality of
education, and increased benefits and salaries obviously would have a
positive impact on individuals, coupled with appropriate recognition
for a job well done. She spoke in favor of a program where teachers
could have their dreams funded for a summer or for a week, such as pro-
v~dino them with an opportunity to apply for a grant that would be
determined by fellow teachers, in order' ~v ,~, ........ ,, .-.
ticular program or a specific experience, and the teacher would be
expected to share those experiences with other teachers and students,
advising that that type of program could be made available to students
as well. She pointed out that asking teachers solid, key questions and
really listening to their responses would improve morale, advising that
they have a lot of wonderful ideas that could be tapped, thereby
bringing them closer to the decisionmaking process.
Mrs. Bowles asked the followincj questions:
QUESTION: You have lived in the City of Roanoke for only five
months. Have you had an opportunity to visit the Roanoke City Schools
and talk with anyone about the system?
ANSWER: Ms. O'Neil advised that the reason she resided for a
period of time in Roanoke County was due to the fact that when she and
her daughter moved to the Roanoke Valley in 1983, they had moved around
a great deal and had come through some very challenging personal times,
370
and she promised her daughter that they would stay in one place whe-
never they moved, therefore, they located very quickly in Roanoke
County, knowing very little about the Roanoke Valley. She stated that
she felt it was important to keep that promise to her daughter for her
stability, however, in 1988 she worked for the Roanoke City Schools as
the first and only Director of Educational Partnerships. In that capa-
city, she explained that she visited all of the schools, co-authored
the last Magnet School 9rant proposal, developed school business part-
nerships and had a wonderful time working with the students and pro-
fessionals in the system.
QUESTION: How do you feel about elementary guidance counselors?
ANSWER: Ms. O'Neil advised that the first word that comes to mind
is "overworked"; that with a possibility of increasing the ratio from
500 to one to a thousand to one, the task seems rather overwhelming for
any one individual. She stated that after nine years of teaching, she
recalled that there were not enough Band-Aids in the morning to ease
all of the pain before the teachers could start teaching because the
students brought so many personal problems with them to school. She
advised that it is imperative to retain guidance counselors as fully
funded as possible and in as small a ratio as possible.
Mr. Fitzpatrick asked the following .questions:
QUESTION: What role do you think the public/private partnership
will play in the future of public education? How can the business com-
munity be made to understand the importance of their role and the
importance of their involvement?
ANSWER: Ms. O'Neil called attention to strong business con~it-
ments already in effect such as the con~nitment of IBM and the Downtown
Kiwanis Club to first and second graders in the "Let's Talk Program";
Park Elementary School; and the work of Allstate Insurance Company with
Forest Park Elementary School. She stated that the most surprising
factor involved in the business partnerships is the willingness of the
corporations to become involved, and once they learn what they can do
and how they can become involved, there is an eagerness in this City to
participate. She further stated that the only challenging area which
has been faced in the past is having enough staff man hours to organize
that effort and volunteers have been heavily relied upon. She spoke in
favor of round table discussions at least every quarter with the heads
of various companies, large and small; and the best way to link the
needs of students in the City of Roanoke with what businesses have to
offer, both large and small, should be seriously considered. She
stated that it would be wonderful if a program could be initiated
whereby a company would "Adopt A Teacher" -- fund the services of a
teacher for a year -- which would certainly offer a good investment in
the Roanoke Valley.
QUESTION: What creative ideas do you have with regard to
addressing the at-risk students?
ANSWER: Ms. O'Neil advised that an enormous mistake is made when
one looks at two kindergarten students and thinks that one has much
more talent than the other when sometimes the only difference between
the two students is the type of experiences they have been subjected
to. She stated that the system should work to equalize those experien-
ces which is the reason she favors full day kindergarten and requiring
children to attend school as early as three and four years of age. She
stated that Grades K - 3 are critical because the system loses students
at that stage if they become too frustrated.
Mr. Harvey asked the following questions:
QUESTION: Would you be willing to take on the responsibility, if
elected to the School Board, as a liaison member with the business com-
munity in trying to put together some of the suggestions you have
alluded to and how would you go about accomplishing that task?
ANSWER: Ms. O'Neil advised that it would be her pleasure to work
toward that end. She stated that serving as a liaison is possible and
exciting, that there are many good volunteers in this City, and many
have not been tapped as yet who would be willing to participate in the
formation of a strong volunteer support network for programs that are
already in place.
QUESTION: What fresh new perspective would you bring to the
School Board, and what would you encourage the School Board to do that
is not being done at the present time?
ANSWER: Ms. O'Neil advised that she would like to "loosen up"
School Board meetings to some extent and she would like to have more
onen and frank discussion at Board meetings. She stated that anyone
who has the opportunity to serve on the School uoaro ne~ds ~u b: pi-e-
pared to share their ideas and philosophies openly and be prepared to
stand firm on them. She added that she would like for the administra-
tion, teachers and classified employees to feel more open and comfor-
table in discussing some of their concerns. She explained that there
is much to be proud of in the City of Roanoke, and there should not be
a fear of putting tough issues on the table, rather than trying to
"glass over" them in an effort to solve the problem.
Mr. Musser asked the following questions:
QUESTION: The school system works with businesses to determine
their future needs. Does the school system work with trade councils to
determine their future needs, and would you be willing to pursue that
avenue if elected to the School Board?
371
372
ANSWER: Ms. O'Neil responded that she would be willing to be of
assistance because she views businesses and trade councils as a part-
nership role. She advised that there is a concern on the part of the
State Department of Education to totally revamp technical and voca-
tional education. She stated that it is time to calmly and reasonably
talk with all potential players who could be of assistance to students
and set aside personal interests. She pointed out that the trade
unions are interested in being of assistance in the development of a
partnership program, or a mentor/apprenticeship program, advising that
it is necessary to emphasize these skills and elevate them to the sta-
tus that they deserve in the minds of everyone. She added that stu-
dents need to be prepared to work in the year 2000 for more than just
minimum wage and they have to be concerned with health care benefits,
how they are going to provide for their families, and insure that they
have a reasonable standard of living. She stated that there should be
a discussion with representatives of the Virginia Education Association
and the Roanoke Education Association relative to involving current
vocational and technical education teachers in an effort to expand the
partnership.
The Mayor asked the following questions:
QUESTION: What do you see as the major challenges for the 1990's
in the Roanoke City Public School system?
ANSWER: Ms. O'Neil advised that funding will always be a major
challenge. She stated that enrollment trends need to be seriously
reviewed, and the system needs to be prepared to deal with the even-
tuality of certain difficult questions that no one likes to talk about
such as school consolidation. She stated that everything should be
done to retain the competitive opportunities and courses offered at the
middle school and high school levels consistent with what is offered
nationally so that Roanoke Valley students will be competitive and will
continue their education, hooefullv, in Virainia_ hnw~v~_ ')F +h~v
choose to go elsewhere, she would hope they would choose to return to
Virginia following their college experience. She added that if they do
come back to Virginia, there must be something for them to come back
to, there must be some partnership, some growth to make sure that there
are interesting, creative jobs that stimulate the citizens. She
explained that it is imperative to look at the factors that impact upon
society, at the local, state and national levels, and address those
needs.
QUESTION: Are you of the opinion that the school system has ini-
tiated the proper broad range programs to meet the needs of all
students?
ANSWER: Ms. O'Neil advised that having represented the City of
Roanoke and having worked with all school divisions in the Roanoke
Valley, she saw no other school division that offered the range of
programs that Roanoke City offered. She stated that Roanoke City has a
diversity of programs to interest and stimulate the vast majority of
its students; however, it is important that the system not get so
"glitsy" in program development that it bypasses the core programs.
373
The Mayor expressed appreciation to all applicants and to those
persons in the audience for their attendance at the meeting.
There being no further business, the Mayor declared the meeting
adjourned at 10:55 p.m.
ATTEST: .~~.~,,~,,~.
City Clerk
APPROVED
374
PERSONNEL COMMITTEE ROANOKE CITY COUNCIL
April 29, 1991
10:00 a.m.
A meeting of the City Council Personnel Committee was called to order
on Monday, April 29, 1991, at 10:00 a.m., in the City Council's Conference
Room, fourth floor of the Municipal Building, 215 Church Avenue, S. W., with
Vice-Mayor Howard E. Musser presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., William White, Sr., Mayor Noel C. Taylor and
Chairman Howard E. Musser ............... 6.
ABSENT: Council Member James G. Harvey, II
OFFICERS PRESENT: Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
ACTION:
Mr. Bowers moved that the Committee meet in Executive Session to
discuss performance evaluations of the City Manager, Director of
Finance, City Attorney and City Clerk, pursuant to Section 2.1-344 (A)
(1), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, White, Mayor
Taylor and Chairman Musser ............... 6.
NAYS: None ........ O.
(Council Member Harvey was absent.)
At 10:15 a.m., the Committee went into Executive Session.
At 4:45 p.m., the meeting reconvened in the Council's Conference
Room, with Chairman Musser presiding, and all Members of the Committee
in attendance, with the exception of Council Member Bowers.
(Mr. Harvey entered the meeting during the Executive Session.)
ACTION:
With respect to the Executive Session just concluded, Mr. White
moved that each Member of the Personnel Committee certify to the best
of his or her knowledge that: (1) only public business matters
lawfully exempted from open meeting requiren~nts under the Virginia
Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Executive Session was
convened were heard, discussed or considered by the Personnel
Con~ntttee. The motion was seconded by Mr. Harvey and adopted by the
following vote:
375
AYES: Council Members Bowles, Fitzpatrick, Harvey, White, Mayor
Taylor and Chairman Musser- 6.
NAYS: None-- O.
{Council Member Bowers was absent.)
There being no further business, the Chaiman declared the meeting
adjourned at 4:50 p.m.
ATTEST: ~~
City Clerk
APPROVED
376
SPECIAL MEETING
ROANOKE CITY COUNCIL
May 2, 1991
9:00 a.m.
The Council of the City of Roanoke met in special meeting
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Thursday,
May 2, 1991, at 9:00 a.m., pursuant to Section 10, Meetinqs of
Council, of the Roanoke City Charter; and pursuant to communication
from the Mayor under date of April 25, 1991, with Mayor Noel C.
Taylor presiding.
COUNCIL MEMBERS PRESENT: David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Howard E.
Musser, William White, Sr., and Mayor Noel C. Taylor ..... 7.
ABSENT: None---
SCHOOL BOARD MEMBERS PRESENT: Sallye T. Coleman,
Marilyn C. Curtis, Charles W. Day, Finn D. Pincus, Thomas L. Orr,
Velma B. Self and James M. Turner, Jr., Chairman.
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Earl B. Reynolds, Jr., Assistant City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and
Mary F. Parker, City Clerk.
OTHERS PRESENT: Frank P. Tota, Superintendent of
Schools; Richard L. Kelley, Executive for Business Affairs and
Clerk of tne Board; ana June u. molley, secretary [o the
Superintendent of Schools·
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Taylor.
The Mayor referred to the following communication
calling the special meeting of Council.
"April 25, 1991
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
377
Dear Mrs. Bowles and Gentlemen:
Pursuant to a communication under date of April 23, 1991,
from Mr. James M. Turner, Jr., Chairman, Roanoke City
School Board, with regard to a Literary Fund Loan for
Crystal Spring Elementary School, I am calling a special
joint meeting of the Roanoke City Council with the
Roanoke City School Board for Thursday, May 2, 1991, at
9:00 a.m., in the Social Services Conference Room,
Room 306, Municipal North, 215 Church Avenue, S. W.,
Roanoke, Virginia.
The purpose of the special meeting will be to adopt a
Resolution authorizing the appropriate City officials to
make application to the Virginia Public School Authority
for financing under the Authority's Literary Fund
Interest Rate Subsidy Program.
The Eudget Study Session of City Council and the School
Board will commence immediately following the adjournment
of the special meeting.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor, Mayor
City of Roanoke"
SCHOOLS: A communication from the Roanoke City
School Board advising that a Literary Fund Loan of $2.0
million fol Crystal Spring Elementary School was approved
bx the SLate in June, I~0, a.~d the loan -~as plac~d ~n
the waiting list for receipt of funds; and the State
projected that loan funds would be received in July,
1991, with the first debt service payment scheduled for
July, 1992.
It was further advised that the General Assembly
transferred $75.0 million from the Literary Fund in order
to balance the State budget, which created a cash flow
crisis for the Literary Fund and has forced school
divisions to wait an additional six to 12 months for
receipt of their loan funds; and loan funds for Crystal
Spring Elementary School would not be received until
January, 1992.
It was explained that to assist school divisions in
need of their Literary Fund Loan proceeds, the General
Assembly has approved a Virginia Public School Authority
(VPSA) bond sale with a Literary Fund interest rate
subsidy; that the bond sale would occur in July, 1991 and
would provide school divisions now waiting for a Literary
Fund Loan with the amount approved for the loan in
August, 1991; and while the interest rate subsidy would
result in a net interest rate to Roanoke City Schools
equal to the Literary Fund rate of four percent, the
state will also provide $5,500.00 to cover the costs
of bond counsel.
It was noted that the consequences of participating
in the Virginia Public School Authority bond sale are as
follows:
Capital funds would be received in August,
1991 rather than six to 12 months later
preventing a future delay in elementary school
renovation projects.
Depending on the rate of interest, the
principal amount for the bond would be
approximately $465,000.00 less than the
Literary Loan, reducing the amount of debt
outstanding for the locality.
The estimated bond principal amount of
$1,535,000.00 will not be applied against the
locality's Literary Fund loan ceiling of $20.0
million, thus providing funding flexibility
for future school projects.
A disadvantage to the bond sale is that debt
service payment for the Literary Loan would
not be due until July, 1992, while the bond
issue would reauire a debt service payment of
approximately $36,445.00 in fiscal year 1992.
Since no funds have been budgeted in fiscal
year 1992 for this payment, the School Board
initially must set aside approximately
$36,445.00 of its $75,000.00 contingency fund
to meet the payment.
(For full text, see communication on file in the City
Clerk's Office.)
A report of the Director of Finance advising that
Council previously approved the application for the
Literary Fund Loan, and recommending that Council concur
in the request of the School Board to participate in
Virginia Public School Authority bonds, was before the
body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following Resolution:
379
ACTION:
(#30493-50291) A RESOLUTION authorizing the
appropriate City officials to make application to the
Virginia Public School Authority for financing under the
Authority's Literary Fund Interest Rate Subsidy Program.
(For full text of Resolution, see Resolution Book No. 52,
page 331.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30493-50291. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor- - ...... 7.
NAYS: None 0.
ACTION:
Mr. Harvey moved that Council hold a public hearing
on Monday, May 20, 1991, at 2:00 p.m., or as soon
thereafter as the matter may be heard, to consider a
proposed Ordinance approving the issuance by the City of
its general obligation bonds, in an amount not to exceed
$2 million, for the purpose of financing, in part, the
costs of improvements and additions to school buildings
in the City of Roanoke. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
There being no further business, the Mayor declared
the special meeting adjourned at 9:25 a.m.
APPROVED
City Clerk
380
PERSONNEL COMMITTEE ......... ROANOKE CITY COUNCIL
May 2, 1991
1:00 p.m.
A meeting of the City Council Personnel Committee was called to
order on Thursday, May 2, 1991, at 1:00 p.m., in the City Council's
Conference Room, fourth floor of the Municipal Building, 215 Church
Avenue, S. W., with Vice-Mayor Howard E. Musser presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., James G. Harvey, II, William White, Sr. and
Chairman Howard E. Musser ..................... 6.
ABSENT: Mayor Noel C. Taylor ..................
OFFICERS PRESENT: Mary F. Parker, City Clerk.
ACTION:
Mr. Fitzpatrick moved that the Committee meet in
Executive Session to continue the annual performance
evaluation of the City Manager, pursuant to Section 2.1-344
(A) (1), Code of Virginia (1950), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles,Fitzpatrick,
Harvey, White and Chairman Musser ............ 6.
NAYS: None 0.
(Mayor Taylor was absent.)
At 1:05 p.m., the Committee met in Executive Session.
(Mayor Taylor arrived during the Executive Session.)
At 3:10 p.m., the meeting reconvened in the Council's
Conference Room, with Chairman Musser presiding, and all
Members of the Committee in attendance, with the exception of
Council Members Bowers and White.
ACTION:
With respect to the Executive Session just concluded, Mr.
Fitzpatrick moved that each Member of the Personnel Committee
certify to the best of his or her knowledge that: (1) only
public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act;
and (2) only such public business matters as were identified
in any motion by which any Executive Session was convened were
heard, discussed or considered by the Personnel Committee.
The motion was seconded by Mrs. Bowles and adopted by the
following vote:
381
i
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Mayor Taylor and Chairman Musser ...................... 5.
NAYS: None 0.
(Council Members Bowers and White were absent.)
There being no further business, the Chairman
declared the meeting adjourned at 3:15 p.m.
APPROVED
ATTEST:
City Clerk
Vice -Mayor
I
l
382
SPECIAL MEETING
ROANOKE CITY COUNCIL
May 6, 1991
1:30 p.m.
The Council of the City of Roanoke met in special meeting
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
May 6, 1991, at 1:30 p.m., pursuant to Section 10, Meetings of
Council, of the Roanoke City Charter; and pursuant to communication
from the Mayor under date of May 2, 1991, with Mayor Noel C. Taylor
presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Howard E.
Musser, William White, Sr., and Mayor Noel C. Taylor ............. 7.
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger, Director
of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Taylor.
The Mayor referred to the following communication
calling the special meeting or council.
"May 2, 1991
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the City Charter, I am calling
a special meeting of Roanoke City Council at 1:30 p.m.,
on Monday, May 6, 1991, in the City Council Chamber,
fourth floor of the Municipal Building, 215 Church
Avenue, S. W., Roanoke, Virginia. The purpose of the
special meeting will be to convene in Executive Session
to discuss acquisition of real property for public
purposes, pursuant to Section 2.1-344 (A)(3), Code of
Virginia (1950), as amended; disposition of publicly held
property, pursuant to Section 2.1-344 (A)(3); and
discussion of specific legal matters requiring the
provision of legal advice by counsel being the terms and
!
383
conditions of contracts to be negotiated, pursuant to
Section 2.1-344 (A)(7), all of the foregoing relating to
development of The Hotel Roanoke and construction of a
publicly owned conference center adjacent thereto.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor, Mayor
City of Roanoke"
ACTION:
(See communication on file in the City Clerk's Office.)
Mr. Harvey moved that Council convene in Executive
Session to discuss acquisition of real property for
public purpose, pursuant to Section 2.1-344 (A)(3), Code
of Virginia (1950), as amended; disposition of publicly
held property, pursuant to Section 2.1-344 (A)(3); and
discussion of specific legal matters requiring the
provision of legal advice by counsel being the terms and
conditions of contracts to be negotiated, pursuant to
Section 2.1-344 (A)(7), all of the foregoing relating to
development of The Hotel Roanoke and construction of a
publicly owned conference center located adjacent
thereto. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ......... 7.
NAYS: None 0.
At 1:35 p.m., the Mayor declared the meeting in
recess.
At 2:15 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
384
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .... 7.
NAYS: None 0.
There being no further business, the Mayor declared
the special meeting adjourned at 2:17 p.m.
APPROVED
ATTEST
City Clerk
385
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
May 6, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
May 6, 1991, at 2:00 p.m., the regular meeting hour, with Mayor
Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members James G. Harvey, II, Howard E.
Musser, William White, Sr., David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., and Mayor Noel C. Taylor ..... 7.
ABSENT: None---
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Earl B. Reynolds, Jr., Assistant City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Douglas F. C. Keffer, Senior Minister, Edgewood Christian Church.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Taylor.
COUNCIL-ACTS OF ACKNOWLEDGEMENT: The Mayor advised
that the City of Roanoke was presented with the Patriotic
Citizen Award by the Veterans of Foreign Wars of the
United States, which award contains the following
inscription: "Given in grateful appreciation for
unsolicited inspirational patriotic service to the
community through the daily display of our national
flag."
BID OPENINGS:
ARMORY/STADIUM: Pursuant to notice of advertisement
for bids for renovation of the air conditioning system at
the National Guard Armory, 32 Reserve Avenue, S. W., said
bids to be received by the City Clerk until 1:30 p.m., on
Monday, May 6, 1991, and to be held, opened and read
before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for
bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the
386
ACTION:
ACTION:
ACTION:
ACTION:
opening of the bids; whereupon, the City Clerk opened and
read the following bids:
BIDDERS
BASE BID TOTAL
Bayshore Mechanical, Inc.
G. T. Hopkins, Inc.
Southern Comfort, Inc.
Weddle Plumbing & Heating Co.
Varney Electric Co., Inc.
$30,585.00
31,970.00
32,752.00
39,789.50
44,900.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Fitzpatrick and unanimously adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairman, George C. Snead, Jr., and William F. Clark as
members of the committee.
DOWNTOWN TOWER PROJECT-DOWNTOWN ROANOKE: Pursuant
to notice of advertisement for bids for construction of
Downtown North Streetscape Improvements, said bids to be
received by the City Clerk until 1:30 p.m., on Monday,
May 6, 1991, and to be held, opened and read before the
Council at 2:00 p.m., on that date, or as soon thereafter
as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no
representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of
the bids: whereuDono the City Clerk opened and read the
following bids:
BIDDER
BASE BID TOTAL Alt. No. 1 Alt. No. R
Acorn Construction
Ltd. $631,500.00
H & S Construction
Co. 835,219.55
Thor, Inc. 873,594.00
Breakell, Inc. 903,642.00
$205,994.00
187,833.00
202,525.00
235,000.00
$2,465.00
5,075.00
2,610.00
4,200.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Fitzpatrick and unanimously adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairman, George C. Snead, Jr., and William F. Clark as
members of the committee.
SWISHING POOLS: Pursuant to notice of advertisement
for bids for lease of a parcel of land located adjacent
to James Madison Middle School for construction and
387
ACTION:
ACTION:
operation of an indoor swimming pool facility, said bids
to be received by the City Clerk until 1:30 p.m., on
Monday, May 6, 1991, and to be held, opened and read
before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for
bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and
read the sole bid submitted by Roanoke Valley Swimming
Inc., for a term of ten years, with two options to renew
for five years, each, and an annual rental payment of
$1.oo.
Mr. Harvey moved that the bid be referred to a
committee to be appointed by the Mayor for study, report
and recommendation to Council. The motion was seconded
by Mr. Fitzpatrick and unanimously adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairman, George C. Snead, Jr., and William F. Clark as
members of the committee.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
specific attention to a request for an Executive Session
to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council.
MINUTES: Minutes of the regular meetings of Council
held on Monday, February 4, 1991; Monday, February !1,
1991; Tuesday, February 19, 1991; and Monday,
February 25, 1991, were before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the reading of the
minutes be dispensed with and that the minutes be
approved as recorded. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None 0.
388
ACTION:
ACTION .'
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A (1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)
(1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None -0.
CITY CODE (AMENDMENTS): A report of the City
Attorney transmitting certain amendments to the Roanoke
City Charter enacted by the 1991 Session of the General
Assembly, advising that Chapter 449 increases the maximum
penalty for violation of local ordinances, provides for
staggered terms for members of the Board of Zoning
Appeals, and provides for civil penalties for wrongful
demolition of historic buildings; and Chapter 466
provides for design overlay districts to encourage
compatible development in areas of the City identified on
an adopted comprehensive plan as having historic value,
was before Council.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the report be received
and filed. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None-- 0.
PENDING LIST: A list of items pending from July 10,
1978, through April 22, 1991, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
389
ACTION:
Mr. Fitzpatrick moved that the pending list be
received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .... 7.
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
LANDMARKS (HISTORIC PRESERVATION)-ZONING: Mr. D.
Kent Chrisman, President, Roanoke Valley Preservation
Foundation, appeared before Council and advised that
Historic Preservation Week will be celebrated throughout
the United States on May 12 - 18, 1991, and the
Preservation Foundation is pleased that the City of
Roanoke and other Roanoke Valley governments will observe
this special week through proclamations issued by each
locality. He stated that the Roanoke Valley Preservation
Foundation, the Roanoke Regional Preservation Office, and
Old Southwest, Inc., look forward to the celebration
inasmuch as Preservation Week celebrates the
accomplishments of preservation in the communities and
serves as a reminder of the excellent educational,
cultural and economic opportunities that heritage
provides. He further stated that Roanoke's varied
resources of historic structures, prehistoric and
and traditions give it a sense of place and appeal. He
commented that Roanoke has a long record of effective
preservation planning, management and support, and
because of actions taken by the City, it can be readily
understood why the Roanoke community has begun to appear
in publications extolling effective public/private
partnerships in preservation. He stated that in this
period of national fiscal constraint, preservation
provides a unique potential simultaneously generating
civic pride, capturing tourism, rebuilding the tax base
and providing both temporary and long term employment.
He advised that the City of Roanoke plays an important
role in the heritage of the Roanoke Valley and the
Preservation Foundation is pleased to have the support of
the Roanoke City Council in recognition of Historic
Preservation Week. He presented the Mayor with a copy of
the official poster depicting National Preservation Week.
Dr. John Kern, Executive Director, Roanoke Regional
Preservation Office, advised that it has been a pleasure
to work with the City during the past two and one-half
years on a number of historic preservation projects. He
390
ACTION:
stated that recently he wrote a letter in support of an
application by the City for a national preservation award
in which he pointed out that the City has provided
matching funds for a viewshed analysis of design
alternatives for the Roanoke Centre for Industry and
Technology and his office is working in conjunction with
the City to capitalize on the results of that study; that
last year the City worked with the Preservation Office to
co-host a conference on building codes in historic
preservation, and a forthcoming conference on heritage
tourism and economic development will be co-hosted by the
Regional Preservation Office and the City of Roanoke. He
stated that the Roanoke Preservation Office and the State
Department of Historic Resources will work with the City
and Virginia Tech on revitalization of The Hotel Roanoke
which is a principal landmark for the City of Roanoke and
the Roanoke Valley and is a principal economic asset to
the City. He expressed appreciation to the City for
working with the Preservation Office in order to make a
profitable partnership for heritage development.
Ms. Petie Brigham, representing Old Southwest, Inc.,
appeared before Council and presented packets of
information with regard to National Preservation Week.
She stated that Old Southwest has appreciated the City's
support and urged the members of Council to participate
in activities designed to commemorate Historic
Preservation Week.
The Mayor presented Dr. Kern with a proclamation
~clarino National Preservation Week in the City of
Roanoke on May 12 - 18, 1991.
PETITIONS AND C05~4UNICATIONS:
PLANNING (CITY PLANNING COMMISSION): Mr. Charles A.
Price, Jr., Chairman, presented the 1990 Annual Report of
the City Planning Commission.
(For full text, see Annual Report on file in the City
Clerk's Office.)
Mr. Harvey moved that the Annual Report be received
and filed with appreciation. The motion was seconded by
Mr. Fitzpatrick and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET-GRANTS-HOUSING-PLANNING: The City Manager
submitted a written report advising that the City of
391
Roanoke receives an annual grant of funds from the U. S.
Department of Housing and Urban Development (HUD) based
on a formula which considers age of housing, poverty
levels and other "distress" factors; that the amount of
the Community Development Block Grant (CDBG) is closely
related to how much the U. S. Congress appropriates
nationwide, rather than anything that the City of Roanoke
does; and since 1974, the City of Roanoke has received
approximately $30 million in CDBG funds which have been
used on numerous projects in housing, economic
development, community services, and public improvements.
It was further advised that Roanoke's CDBG
entitlement will be $1,767,000.00 for the fiscal year
beginning July 1, 1991, or an increase of $204,000.00
over fiscal year 1991, with $628,631.00 being added in
program income generated by the grant program from
previous years; that new HUD CDBG funds, added to
$2,252,150.00 unspent from previous years, will leverage
an estimated $6,866,870.00 in additional monies from
Federal, State, local and private sources, for a total
program scope of $11,514,651.00; and citizen hearings and
workshops were held on January 15 and April 18, 1991, in
order to obtain recommendations of citizens and to
identify revitalization needs for the coming year.
It was explained that public hearing results
revealed that citizens are concerned about housing,
neighborhood economic development, and drug abuse as the
primary problems facing their neighborhoods; that the
1991-92 Statement of Objectives and budget proposals
economic development as in previous years; that ten new
projects are being recommended for funding; that 20 on-
going projects are recommended to have funds added to
them; and eight projects are on-going without the need
for additional funds; that 15 projects were submitted for
funding which cannot be recommended at this time, and 38
individual projects and activities were funded in whole
or in part with CDBG funds; and the Fiscal Year CDBG 1992
Program has been designed to accomplish the following:
Housinq:
Rehabilitate or repair 154 houses,
rental units, or Single Room
Occupancy (SRO) units.
2. Demolish 17 vacant structures.
Assist ten families to purchase and
rehabilitate homes.
392
Support new construction
affordable houses.
of 13
Economic Development:
Assist in the renovation of a
neighborhood grocery store providing
needed services and 25 jobs in
northwest Roanoke.
Provide for acquisition of property
for future industrial parks
ultimately to create 195 jobs.
Assist in the rehabilitation of six
downtown store fronts, reducing
blight and creating 15 jobs.
®
Provide loans to three small
businesses, creating ten jobs.
Provide approximately 400 parking
spaces downtown in support of new
and expanded businesses - 75 new
Jobs.
TOTAL JOBS: 320
Drug Abuse:
Provide five workshops for 150
parents and children on drug abuse
issues.
Provide contractual staff for a
coordinated, interagency approach to
fighting back against drugs in
Roanoke.
Provide medical detoxification for
13 chemically dependent youths.
It was advised that in addition, 460 families will
be helped in crises situations; that 22 neighborhood
organizations will be provided with technical assistance
and staff support; that ten mini-grants will be awarded
to neighborhoods (maximum grant $1,500.00 per
neighborhood); that two neighborhood development grants
will be awarded to neighborhoods (maximum $10,000.00 per
grant); that a national register historic building will
be stabilized (Old First Baptist Church); that general
administration and program oversight will be provided by
the City's Office of Grants Compliance; and of the
$3,514,891.00 in CDBG funds from all sources available
393
ACTION:
for projects in the fiscal year 1992 budget,
$3,065,540.00, or 87 percent, is expected to benefit low
and moderate income persons.
The City Manager advised that the proposed CDBG
budget and program is responsive to the stated concerns
of the citizens of Roanoke, as well as meeting the
regulatory requirements of HUD; that it provides for
housing improvement, business development, creation of
new job opportunities, human development, strengthening
of neighborhood organizations and adequate administrative
oversight for the entire program; that the proposed
budget will allow the City to build upon the successes of
the past and to meet certain urgent critical needs; and
on May 13, 1991, Council is scheduled to hold a public
hearing to receive the comments of citizens, at which
time Council will be requested to authorize the City
Manager to submit the 1991-1992 Statement of Objectives
to the Richmond Office of the Department of Housing and
Urban Development for review and approval.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey moved that the report be received and
filed. The motion was seconded by Mr. Musser and
unanimously adopted.
ITEMS RECOMMENDED FOR ACTION
BUDGET-TOTAL ACTION AGAINST POVERTY: The City
Manager suDmittea a wrl=~en repu&U =d¥i~i~ t~at i~
response to the City's study, "No Place To Call Home: A
Study of Housing and Homelessness in Roanoke, Virginia,"
published in April, 1987, Total Action Against Poverty
(TAP) established the Transitional Living Center (TLC) in
September, 1988 to provide comprehensive services
enabling the homeless to stabilize their lifestyle and
become self-sufficient; that the Transitional Living
Center provides transitional and emergency shelter
services, including comprehensive case management to over
300 homeless people per year, 95 per cent of whom
consider the City of Roanoke their home; that individuals
and families receive supportive housing for up to 24
months, as well as medical care, transportation,
education, employment counseling, housing counseling, and
budgeting skills; and the Transitional Living Center has
a capacity of 55 transitional bed spaces and 20 emergency
shelter bed spaces.
It was further advised that TAP was awarded a five-
year Supportive Housing Demonstration Program Grant from
the United States Department of Housing and Urban
Development (HUD), in the amount of $808,635.00,
394
($161,727.00 per year) to assist with operating costs of
the Transitional Living Center; that the grant from HUD
requires matching funds; and TAP must secure funds and
pledges to match the Supportive Housing Demonstration
Program Grant every year.
It was explained that in November, 1988 Council
adopted Ordinance No. 29373, authorizing appropriation of
$17,847.00 to TAP's Transitional Living Center; that in
September, 1989, Council adopted Ordinance No. 29777-
92589, authorizing appropriation of $30,000.00; and
during fiscal year 1990-1991, the City of Salem and the
Counties of Botetourt and Roanoke provided financial
support, as follows:
Roanoke County
Salem
Botetourt County
$15,000.00
7,000.00
2,000.00
It was further explained that TAP conducted a
fundraising campaign to enlist community support, both
corporate and individual, for the Transitional Living
Center in order to secure funds and pledges to match the
Supportive Housing Demonstration Program award for 1990-
91; and TAP has requested that the four Roanoke Valley
governments supply 33 per cent of the funds needed to
match the HUD grant, in the following amounts:
Roanoke City
Roanoke County
Botetourt County
$40,000.00
15,000.00
2,000.00
The City Manager recommended that Council
appropriate $40,000.00 to Total Action Against Poverty
for operating costs of the Transitional Living Center;
and transfer $40,000.00 to Total Action Against Poverty
Transitional Living Center, Account No. 001-054-5230-
3700, from the General Fund Contingency, Account No. 001-
002-9410-2199.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30494-50691) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 331.)
395
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No.
30494-50691. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey, Musser, Bowles,
Fitzpatrick and Mayor Taylor ................. 5.
NAYS: Council Member Bowers
(Council Member White abstained from voting.)
Mr. Bowers advised that the City of Roanoke has a
big heart and does its share for those in need. He
pointed out that the City has increased its appropriation
from $30,000.00 to $40,000.00 in one year, whereas
Roanoke County and the City of Salem have increased their
contributions by only $1,000.00. He stated that his
proposal would be to set a goal by next year and send a
message to every agency requesting funds that they will
have to prove to Council that they have sought and are
receiving funds from not only the City of Roanoke, but
from other governments in the Roanoke Valley.
BUDGET-SEWERS AND STORM DRAINS: The City Manager
submitted a written report advising that the City of
Roanoke has maintained an on-going program aimed at
discovering sources of excessive infiltration inflow into
the sanitary sewer system and arriving at a means of
reducing same; that testing and inspection has uncovered
three isolated locations where storm drain inlets and
bridge down spouts have been connected directly to the
sanitary sewer system, thereby causing seriou~ il~£1uw ~£
stormwater into the sanitary sewer above and beyond that
which would be expected by normal infiltration/inflow;
and these particular cross connections are contributing
to overloads above that for which the sanitary sewers
were designed.
It was further advised that the Engineering
Department was directed to field survey and develop plans
for the removal of the cross connections and direct the
stormwater through a suitable storm drain system to the
nearest satisfactory discharge point; and the projects
and locations are as follows:
A sanitary sewer cross connection located at
530 Walnut Avenue, S. W. Two sag inlets are
connected to the sanitary sewer. Storm drain
relief will cut across the corner of Highland
Park to the existing system. Easements are
donated.
A sanitary sewer cross connection located in
the alley between 4th and 5th Streets, S. W.
396
The yard inlet is connected to the sanitary
sewer· Storm drain relief will run parallel
to the alley and discharge to the curb on 4th
Street. Easements are donated.
Sanitary sewer cross connections at the Walnut
Street bridge with down spouts from the bridge
discharging to the sanitary sewer. Also, roof
drains from some buildings on Appalachian
Power Company property are discharging to the
sanitary sewer.
This project is currently being
coordinated with Appalachian Power Company and
will not be constructed by City forces due to
the complexity of underground electrical
utilities.
It was explained that the Engineering Department has
completed the necessary field surveys and has developed
construction plans which will eliminate the cross
connections and route the stormwater to a satisfactory
discharge point; that the Utility Line Services
Department can construct two of the isolated projects by
using City forces, thereby eliminating the time and
expense of advertising and executing a contract with a
private construction firm; that estimated cost for
providing the necessary material, labor, and equipment to
construct the two projects with City forces is
$29,576.00; and a contract will be bid to perform the
committee report is expected to address funding for said
project at that time.
The City Manager recommended that Council authorize
the Director of Finance to transfer $32,533.60 from
current Public Improvement Bonds, Series 1988 - Storm
Drain, Account No. 008-052-9603-9176, to a new account to
be established by the Director of Finance entitled, Storm
Drain Cross Connection Project; for a total amount of
$29,576.00 for the construction, and a contingency of ten
per cent, or $2,957.60.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30495-50691) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Capital Fund
Appropriations, and providing for an emergency.
397
ACTION:
(For full text of Ordinance, see Ordinance Book No. 52,
page 332.)
Mr. Harvey moved the adoption of Ordinance No.
30495-50691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ..... 7.
NAYS: None 0.
EMERGENCY MEDICAL SERVICES: The City Manager
submitted a written report concurring in a report of a
bid committee with regard to the purchase of one new
ambulance to be donated to Roanoke Emergency Medical
Services, Inc., the non-profit volunteer pre-hospital
care provider.
The bid committee recommended that Council take the
following actions:
Accept the bid as submitted by National
Ambulance Builders, Inc., and authorize the
issuance of a purchase order for one new low
profile, four-wheel drive ambulance, in the
total amount of $44,976.00.
Transfer $40,000.00 from the General Fund
Contingency for Replacement of Fixed Assets,
Accns~nt Nh. nNl-flO2-g41N-22f12, to Roanoke
Emergency Medical Services, Account No. 001-
050-3260-3697.
Appropriate an additional $4,976.00 to Roanoke
Emergency Medical Services, Account No. 001-
050-3260-3697, and establish an accounts
receivable for said amount.
Authorize the donation of the ambulance to
Roanoke Emergency Medical Services, Inc.
Authorize an amendment to the contract with
Roanoke Emergency Medical Services, in a form
subject to approval by the City Attorney, to
provide that the title to any property or
equipment donated by the City to Roanoke
Emergency Medical Services shall be
transferred to the City should Roanoke
Emergency Medical Services cease to operate.
(For full text, see reports on file in the City Clerk's
Office.)
398
ACTION:
ACTION:
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30496-50691) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 332.)
Mrs. Bowles moved the adoption of Ordinance No.
30496-50691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None 0.
Mrs. Bowles offered the following Resolution:
(#30497-50691) A RESOLUTION accepting the bid of
National Ambulance Builders, Inc., for furnishing and
delivering an ambulance to the City; authorizing the
donation of said ambulance to Roanoke Emergency Medical
Services, Inc.; and providing for an amendment to the
City's contract with Roanoke Emergency Medical Services,
Inc.
(For full text of Resolution, see Resolution Book No. 52,
Mrs. Bowles moved the adoption of Resolution No.
30497-50691. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None- 0.
REPORTS OF COMMITTEES:
BUDGET-GRANTS-STREETS AND ALLEYS: Council Member
William White, Sr., Chairman of a bid committee appointed
by the Mayor to tabulate bids received for construction
of the Peters Creek Flood Reduction Project, Phase I,
channel widening below Meadowbrook Road, N. W., presented
a written report on behalf of the committee, recommending
that Council award a lump sum contract to Joe Bandy and
Son, Inc., in the total amount of $31,900.00, in a form
subject to approval by the City Attorney, with a
contingency in the amount of $3,100.00; authorize the
Director of Finance to transfer $35,000.00 from Public
399
ACTION:
ACTION:
Improvement Bonds - 1988 Series - Storm Drains, Account
No. 008-052-9603-9176, to a new account entitled, Peters
Creek - Meadowbrook Widening; and reject all other bids
received by the City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30498-50691) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 333.)
Mr. White moved the adoption of Ordinance No. 30498-
50691. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ............ 7.
NAYS: None- O.
M~. Whit~ offered the following emergency Ordinance:
(#30499-50691) AN ORDINANCE accepting the bid of
Joe Bandy and Son, Inc., for Phase I of the Peters Creek
Flood Reduction Project consisting of channel widening
below Meadowbrook Road, N. W., upon certain terms and
conditions, and awarding a contract therefore;
authorizing the appropriate City officials to execute the
requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 334.)
Mr. White moved the adoption of Ordinance No. 30499-
50691. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None 0.
4OO
ACTION:
BUDGET-FIRE DEPARTMENT: Council Member William
White, Sr., Chairman of a committee appointed by the
Mayor to tabulate bids received for construction of Fire
Station No. 14, Mecca Street at Orange Avenue, N. E.,
presented a written report on behalf of the committee,
recommending that Council authorize the City Manager to
enter into a contractual agreement, in a form subject to
approval by the City Attorney, with Loeb Construction
Company, for construction of Fire Station No. 14, in
accordance with contract documents prepared by Smithey &
Boynton, P. C., in the amount of $530,700.00, including
Alternate No. 1, and 240 consecutive calendar days for
completion of the project.
The Committee further recommended transfer of funds,
in the amount of $347,897.00, for the project to existing
Fire Station 460 East account (008-050-9653) in the
Capital Projects Fund from the following accounts:
Capital Improvement Reserve,
Account No. 008-052-9575-9188
FY 90 Revenue Adjustment
$177,560.00
Account No. 008-052-9575-9173
Buildings and Structures
31,972.00
Capital Fund Interest
138~365.00
Total $347,897.00
v~ ..... 1 ....... ~--~ ~hm~ the ~r~tor of Finance
be authorized to transfer the funds into the existing
Fire Station No. 460 East Capital Account No. 008-050-
9653.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30500-50691) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 335.)
Mr. White moved the adoption of Ordinance No. 30500-
50691. The motion was seconded by Mr. Musser and adopted
by the following vote:
401
ACTION=
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .... 7.
NAYS: None-
t
Mr. White offered the following emergency Ordinance:
(#30501-50691) AN ORDINANCE accepting the bid of
Loeb Construction Company for construction of Fire
Station No. 14, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such
work; rejecting all other bids made to the City for the
work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 335.)
Mr. White moved the adoption of Ordinance No. 30501-
50691. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor .... 7.
NAYS: None
WATER DEPARTMENT: Council Member William White,
Sr., Chairman of a bid committee appointed by the Mayor
to tabulate bids received for construction of a
~hl~natt~n facility at the Carvins Cove Water Filter
Plant, presented a written report on De~alz o~ the
committee, recommending that Council authorize the City
Manager to enter into a contractual agreement, in a form
subject to approval by the City Attorney, with Breakell,
Inc., in accordance with contract documents prepared by
Mattern & Craig, Inc., in the amount of $19,000.00 with
a $1,000.00 project contingency, and 60 consecutive
calendar days for completion of the project; and reject
all other bids received by the City for the work.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency Ordinance:
(#30502-50691) AN ORDINANCE accepting the bid of
Breakell, Inc., for the construction of a dechlorination
facility at Carvins Cove Water Filter Plant, upon certain
terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the
4O2
ACTION:
requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 336.)
Mr. White moved the adoption of Ordinance No. 30502-
50691. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ...... 7.
NAYS: None -0.
SEWERS AND STORM DRAINS: Council Member William
White, Sr., Chairman of a bid committee appointed by the
Mayor to tabulate bids received for removal and
reassembly of a White Superior Blower Engine at the Water
Pollution Control Plant, presented a written report on
behalf of the committee, recommending that Council
authorize the City Manager to enter into a contractual
agreement, in a form subject te approval by the City
Attorney, with Mechanical and Plumbing, Inc., to remove
and reassemble the engine, in accordance with contract
documents prepared by the City Engineer's Office, in the
amount of $47,700.00 and 90 consecutive calendar days;
authorize the Director of Finance to encumber $47,700.00
in Account No. 003-056-3150-2010; and reject the other
The City Manager submitted a written
concurring the recommendation of the committee.
report
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency Ordinance:
(#30503-50691) AN ORDINANCE accepting the bid of
Mechanical and Plumbing, Inc., to remove and reassemble
a blower engine at the Water Pollution Control Plant,
upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials
to execute the requisite contract for such work;
rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 337.)
403
ACTION:
ACTION:
ACTION:
Mr. White moved the adoption of Ordinance No. 30503-
50691. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ..... 7.
NAYS: None 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BUDGET: Mr. Musser moved that agenda items 8.a.1 -
8.a.8 with regard to adoption of the fiscal year 1991-92
budget, be deferred until the next regular meeting of
Council on Monday, May 13, 1991. The motion was seconded
by Mr. Harvey and unanimously adopted.
INDUSTRIES: Mr. Bowers offered the following
Resolution appointing Ms. Margaret R. Baker as a Director
of the Industrial Development Authority of the City of
Roanoke, to fill the unexpired term of Mr. Jack C. Smith,
deceased, ending October 20, 1991:
(#30504-50691) A RESOLUTION appointing a Director
of the Industrial Development Authority of the City of
Roanoke, to fill the unexpired portion of a four year
term on its Board of Directors.
(For full text of Resolution, see Resolution Book No. 52,
page 337.)
Mr. Bowers moved the adoption of Resolution No.
30504-50691. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL.
DIRECTOR OF REAL ESTATE VALUATION-TAXES: Mr. Musser
offered the following Resolution electing and appointing
Ms. Nadine C. Minnix as Acting Director of Real Estate
Valuation for the City of Roanoke, effective May 14,
4O4
ACTION
ACTION:
1991, and ratifying the terms and conditions of
employment as Acting Director offered to Ms. Minnix by a
certain letter under date of May 1, 1991:
(#30505-50691) A RESOLUTION electing and appointing
Nadine C. Minnix as Acting Director of Real Estate
Valuation for the City of Roanoke, effective May 14,
1991, and ratifying the terms and conditions of
employment as Acting Director offered to Ms. Mlnnix by a
certain letter.
(For full text, see Resolution Book No. 52, page 338.)
Mr. Musser moved the adoption of Resolution No.
30505-50691. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None-- 0.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:50 p.m., the Mayor declared the meeting in
recess.
At 4:00 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowers, Bowles, Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None '0.
ROANOKE ARTS COMMISSION: The Mayor advised that
there were two vacancies on the Roanoke Arts Commission,
created by the resignations of Ms. Anne B. Macfarlane and
Mr. Ernest M. Johnson, for terms of three years each,
ending June 30, 1993; and called for nominations to fill
the vacancies.
4O5
Mr. Fitzpatrick placed in nomination the names of
Ms. Elizabeth K. Bernard and Mr. Richard C. Maxwell.
There being no further nominations, Ms. Bernard and
Mr. Maxwell were elected as members of the Roanoke Arts
Commission for terms of three years each, ending June 30,
1993, by the following vote:
ACTION:
FOR MS. BERNARD AND MR. MAXWELL: Council Members
Harvey, Musser, White, Bowers, Bowles, Fitzpatrick and
Mayor Taylor--- · ...... 7.
HENRY STREET REVIVAL CO~.~MITTEE: The Mayor advised
that there was a vacancy on the Henry Street Revival
Committee, created by the death of Mr. Percy T. Keeling,
and called for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Mr.
Robert B. Manetta.
There being no further nominations, Mr. Manetta was
elected as a member of the Henry Street Revival
Committee, by the following vote:
ACTION:
FOR MR. MANETTA:
White, Bowers, Bowles,
Taylor--
Council Members Harvey, Musser,
Fitzpatrick and Mayor
7.
There being no further business, the Mayor declared
the meeting adjourned at 4:05 p.m.
ATTEST:
City Clerk
APPROVED
406
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
May 13, 1991
7:30 p.m.
The Council of the City of Roanoke met in regular session
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
May 13, 1991, at 7:30 p.m., the regular meeting hour, with Mayor
Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members William White, Sr., David A.
Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., Howard E.
Musser and Mayor Noel C. Taylor .......... 7.
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Earl B. Reynolds, Jr., Assistant City Manager; Wilburn C. Dibling,
Jr., City Attorney; Steven J. Talevi, Assistant City Attorney; Joel
M. Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Taylor.
SCHOOLS: The Mayor advised that the three year
terms of Ms. Marilyn C. Curtis, Ms. Velma B. Self and Mr.
James M. Turner, Jr., as Trustees of the Roanoke City
School Board will expire on June 30, 1991, and called for
nominations to fill the vacancies.
Mrs. Bowles placed in nomination the name of Ms.
Velma B. Self.
Mr. Bowers placed in nomination the name of Ms.
M. Wendy O'Neil.
Mr. Harvey placed in nomination the name of Ms.
Marilyn C. Curtis.
Mr. Musser placed in nomination the name of Mr.
Garry A. Fleming.
Mr. Fitzpatrick placed in nomination of Mr. James M.
Turner, Jr.
Mr. Bowers placed in nomination the name of Mr.
Harry R. Yates, Jr.
407
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
There being no further nominations, Ms. Curtis and
Mr. Turner were reappointed and Ms. O'Neil was appointed
as Trustees of the Roanoke City School Board for three
year terms commencing July 1, 1991, and ending June 30,
1994, by the following vote:
FOR MS. CURTIS: Council Members White, Bowers,
Bowles, Harvey, Musser and Mayor Taylor ...... 6.
FOR MS. O'NEIL: Council Members White, Bowers,
Harvey, Musser and Mayor Taylor--- 5.
FOR MR. TURNER: Council Members White, Bowles,
Fitzpatrick, Harvey and Mayor Taylor-- -5.
FOR MS. SEIF: Council Members Bowles and
Fitzpatrick ................ 2.
FOR MR. YATES: Council Member Bowers 1.
FOR MR. FLEMING: Council Members Fitzpatrick and
Musser--- ~2.
ACTION:
BID OPENINGS
STREETS AND ALLEYS: Pursuant to notice of
advertisement for bids for paving of various streets
within the City of Roanoke, said bids to be received by
the City Clerk until 4:30 p.m., on Monday, May 13, 1991,
&.Ad ~- ~- ~ ~~ ~-~ ~d h~fore th~ Council at
7:30 p.m., on that date, or as soon thereafter as the
matter may be heard, the Mayor asked if anyone had any
questions about the advertisement for bids, and no
representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of
the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER BASE BID TOTAL ALT. BID
Virginia Asphalt Company,
Inc.
S. R. Draper Paving
Company
L. H. Sawyer Paving
Company, Inc.
Adams Construction
Company
$815,922.85
884,759.50
891,545.85
954,340.80
$41,600.00
41,600.00
44,200.00
43,640.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and unanimously adopted.
408
ACTION:
The Mayor appointed Messrs. William White, Sr.,
Chairman, William F. Clark and Kit B. Klser as members of
the committee.
PUBLIC HEARINGS
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday, May 13,
1991, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the request of Mr. Ivan M. Brewer that
a tract of land located at 1026 Gllmer Avenue, N. W.,
containing .12 acre, more or less, described as Lot 2,
Block 49, Map of Rogers, Fairfax and Houston Addition,
Official Tax No. 2111302, be rezoned from CN,
Neighborhood Commercial District, to RM-2, Residential
Multi-Family, Medium Density District, subject to certain
conditions proffered by the petitioner, the matter was
before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World-News on Friday, April 26, 1991, and Friday, May 3,
1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to
~uvld= £u~ L2,= uu~version or an existing single raml£y
dwelling into a two-family dwelling, was before Council.
The Planning Commission recommended that Council
approve the request for rezoning which would place a
legal non-conforming use into a conforming zoning
district classification, as well as provide for the
conversion of an existing residential structure into a
two-family dwelling that would provide an alternative
housing choice in an older established residential
neighborhood.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that the following Ordinance be
placed upon its first reading:
(#30506) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 211,
Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the petitioner.
409
ACTION:
(For full text of Ordinance, see Ordinance Book No. 52,
page 350.)
The motion was seconded by Mr. Harvey.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoning. There being none, Ordinance No. 30506 was
adopted on its first reading by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ..... 7.
NAYS: None --0.
ZONING: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday, May 13,
1991, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the request of Messrs. Robert C. Spencer
and John W. Hollingsworth that a tract of land containing
approximately 3.3 acres, located adjacent to Duke of
Glouchester Street and/or Roberts Road, S. W., Official
Tax Ne. 5500110, be rezoned from RM-2, Residential Multi-
Family, Medium Density District, to C-l, Office District,
subject to certain conditions proffered by the
petitioners, the matter was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the request for rezoning is to permit
those uses allowed in the C-i, Office District, to occur
on said property, was before Council.
The Planning Commission recommended that Council
approve the request for rezoning inasmuch as the uses
permitted in the office commercial zoning district would
provide more compatible land uses and a transitional
buffer area between the intensive, heavy commercial uses
along Franklin Road and the multi-family developments to
the west of the property.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
410
ACTION:
(#30507) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 550,
Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the petitioners.
(For full text of Ordinance, see Ordinance Book No. 52,
page 350.)
The motion was seconded by Mr. Fitzpatrick.
Mr. Michael M. Waldvogel, Spokesperson, appeared
before Council in support of the request of the
petitioners.
The Mayor inquired if there were persons present who
would like to address Council with regard to the request
for rezoning. There being none, Ordinance No. 30507 was
adopted on its first reading by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None 0.
GRANTS-PLANNING-HOUSING: Pursuant to motion adopted
by Council on Monday, April 22, 1991, the City Clerk
having advertised a public hearing for Monday, May 13,
1991, at 7:30 p.m., or as soon thereafter as the matter
may be heard, with regard to the proposed 1991-1992
community ueve~opment ~ocK Grant Program, the matter was
before the body.
Advertisements of the public hearing were published
in the Neighbors section of the Roanoke Times &
World-News on Thursday, May 2, 1991, and the Roanoke
Tribune on Thursday, May 2, 1991.
(See publishers' affidavit on file in the City Clerk's
Office.)
A report of the City Manager advising that Council
was briefed at its meeting on Monday, May 6, 1991, on the
recommended CDBG program, including $1,767,000.00 new
funds from the U. S. Department of Housing and Urban
Development (HUD); and citizen input was received and
considered on three occasions; viz: January 15, 1991,
April 18, 1991, and May 13, 1991, was before the body.
The City Manager recommended that he be authorized
to submit the CDBG Statement of Objectives to HUD for
final review and approval; that he be authorized to
execute the grant agreement with HUD on behalf of the
City; and upon receipt of program and budget approval
411
ACTION:
from HUD, a report detailing the necessary budget
appropriations by program and line item, as well as
contracts necessary to carry out the fiscal year 1991-92
program, will be presented to Council for approval.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
(#30508-51391) A RESOLUTION approving the proposed
Fiscal Year 1991-1992 Budget for the Community
Development Block Grant Program, and the Statement of
Community Development Objectives and Projected Use of
Funds; authorizing the City Manager or Assistant City
Manager to execute and submit the Statement of Community
Development Objectives and Projected Use of Funds to the
United States Department of Housing and Urban Development
(HUD); and authorizing the City Manager or Assistant City
Manager to execute the requisite Grant Agreement with
HUD.
(For full text of Resolution, see Resolution Book No. 52,
page 339.)
Mr. White moved the adoption of Resolution No.
30508-51391. The motion was seconded by Mr. Harvey.
The Mayor inquired if there were persons in
attendance who would like to address Council with regard
t9 eh~ mn~. ~h~e hetn~ n~n~. Resolution No. RNK~R-
51391 was adopted by the f611owing vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor--- 7.
NAYS: None' 0.
CONSENT AGENDA:
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately.
DOWNTOWN ROANOKE, INC.-ZONING: A report of the City
Manager requesting that Council schedule a public hearing
for Monday, May 20, 1991, to receive citizen comments on
a proposed change in the Downtown Service District
boundaries, was before the body.
ACTION:
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the
request and authorize a public hearing to be held on
Monday, May 20, 1991, at 2:00 p.m., or as soon thereafter
as the matter may be heard. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None --- 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ARCHITECTURAL REVIEW BOARD-ZONING: A communication
from Mr. Edward S. Grandis, Attorney, representing Mr.
John P. Cone, appealing a decision rendered by the
Architectural Review Board, in connection with denial of
the request of his client to obtain a Certificate of
Appropriateness for property located at 526 Mountain
Avenue, S. W., was before Council.
Mr. A. Lawrence Musgrove, Attorney, introduced Mr.
Grandis, a Washington, D.C. attorney.
in u£d~ Au be f~i,, ....... · .... == ......
proponents and the opponents be given 15 minutes each in
which to make their presentations.
Mr. Grandis advised that specifically, his appeal
pertained to those elements of the proposed renovation
that fall under the "ordinary maintenance" exception
contained in subsection (b) of Section 36.1-345 of the
Zoning Ordinance; that the basis of his appearance
is in reliance upon the plain language of Section 36.1-
345 (b) which clearly states that nothing in this section
shall prevent painting, roof and window repair and
replacement and, installation of siding. He pointed out
that subsection (a) of Section 36.1-345 clearly limits
the Architectural Review Board's review and approval of
a rehabilitation plan to specifically, the erection,
demolition, moving, enlargement, or reduction of a
structure. He requested that Council affirm his position
that replacement of siding, window replacement and
replacement of the front porch roof are considered
"ordinary maintenance" as defined in Section 36.1-345 (b)
of the City Code, and thereby falls outside of review and
approval by the Architectural Review Board.
413
(For full text, see statement contained in a document
filed by Mr. Grandis with the City Clerk.)
Mr. W. L. Whitwell, Chairman, Architectural Review
Board, advised that Mr. Cone desires to remodel the
structure in the same manner as a house that he owns
which is located at 522 Mountain Avenue, S. W.; that the
request was denied by the Architectural Review Board in
December, 1990 on the basis that proposed construction
was not compatible with the distinguishing
characteristics of the surrounding properties in the
districts; and the proposed modifications would
significantly alter the contributing architectural
features of the existing structure. He explained that
Mr. Cone has appealed the Board's decision on the basis
that his desire to rehabilitate the structure,
particularly with respect to siding, windows and porch
construction, is "ordinary maintenance" and therefore, is
not subject to review and approval by the Architectural
Review Board, advising that it is the opinion of the
Board that the proposed modifications are not "ordinary
maintenance" and constitute new construction inasmuch as
architectural features will be removed and reconstructed.
A report of the Architectural Review Board
requesting that Council affirm its decision and not grant
a Certificate of Appropriateness for property located at
526 Mountain Avenue, S. W., was before Council.
The report pointed out that the modifications, as
...... ~ ...... ~o~ a~ nn~ ~mDatible with the
distinguishing ~Ch~tectural charac{eristics that the
district was established to protect; and furthermore, the
proposed modifications, including windows and front porch
reconstruction, would significantly alter the major
contributing architectural features of the existing
structure.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Grandis pointed out that he was informed by Mr.
Steven J. Talevi, Assistant City Attorney, that the City
at this point does not have jurisdiction with regard to
the installation of siding, and therefore the matter of
siding is no longer an issue and is no longer being
considered as a review and approval of the Architectural
Review Board, however, inasmuch as Mr. Talevi's statement
was a verbal assurance, he requested a written
communication from the City to his client on this
specific point.
414
Mr. John Sabean, 523 Mountain Avenue, S. W.,
appeared before Council and read a prepared statement
advising that he has lived at the abovestated address for
approximately ten years, during which time he has
witnessed what appears to be an excruciatingly slow rate
of improvement in some parts of the neighborhood. He
stated that he was present to lend his support to the
request of Mr. Cone in his plans to rehabilitate 526
Mountain Avenue, which property is located across from
his residence, advising that he supported Mr. Cone's
proposed plans, including installation of vertical
siding, replacement of windows, and replacement of the
front porch roof.
(For full text, see statement on file in the City Clerk's
Office.)
Ms. Petie Brigham, 509 Allison Avenue, S. W.,
representing Old Southwest, Inc., appeared before Council
and advised that at the last meeting of Council on
Monday, May 6, 1991, she had the pleasure of addressing
Council with regard to a proclamation issued by the Mayor
declaring May 12 - 18, 1991, as National Historic
Preservation Week in the City of Roanoke, which caused
Roanoke to Join with hundreds of cities and towns
nationwide in celebrating the nation's architectural and
cultural heritage. She stated that she was present,
pitted against one of her neighbors simply because the
wording of one section of the Zoning Ordinance is
misleading if taken out of the context of the City Code
:' - = ..... Cu,,= wi~hes =o use rna= ~act to
overturn many years of hard work within the Old Southwest
Historic District. She explained that Roanoke is far
from alone in having historic districting regulations
reviewed by the Architectural Review Board; that the only
difference is in the fact that Roanoke lags several
decades behind in historic districting, and certain
people refuse to accept that historic districting is it
has a positive factor as evidenced by the matter
presently before the Council. She stated that Old
Southwest is at a crisis point with regard to historic
preservation, and Section 36.1-345 (b) of the City Code
addressing "ordinary maintenance" is being challenged
based on language. She further stated that the Board of
Directors of Old Southwest, Inc., believes that when the
writers of the City Code drafted the section on "ordinary
maintenance", what was envisioned was maintenance or
replacement with like materials, or routine repairs, and
it was not intended to address a proposition such as Mr.
Cone's of changing the entire look of a structure, and
Old Southwest fails to see how Mr. Cone's plan can fall
under the definition of "ordinary maintenance." She
added that it is believed that the argument for this
interpretation is found elsewhere in the City Code in
415
ACTION:
Section 36.1-342 which states that the intent of
establishing the H-2 District, particularly subsection
(b), is to "Encourage new construction, or alterations
which are compatible with the existing scale and
character of surrounding properties". She stated that
Mr. Cone's home at 522 Mountain Avenue and the proposed
renovations at 526 Mountain Avenue are not compatible
with the block, street or district in general, advising
that Section 36.1-347, Guidelines for new construction
or structural enlargement or reduction, subsection (b)
states that "every reasonable effort should be made to
minimize alteration of the structure or site and its
environment". She noted that Old Southwest, the
Architectural Review Board and City Council have a
responsibility to protect those property owners who have
embraced the intent of the historic zoning code and
maintained or improved their property accordingly, andto
allow Mr. Cone to proceed with the proposed plans would
be a "slap in the face" to those who have maintained or
restored their homes, including horizontal wood siding,
original windows and other elements, as well as to those
who have dedicated hundreds of man hours to the
betterment of old southwest through preservation of its
character. She pointed out that in Mr. Cone's
presentation to the Architectural Review Board in
December, 1990, he stated very clearly that he would not
want to see the kind of renovation that he proposes used
widely in the district, advising that Old Southwest fails
to understand why Mr. Cone feels he should be an
exception to a rule that he would not be in favor of
allowina for
perhaps Mr. Cone does not understand that if the decision
of the Architectural Review Board is over turned by
Council in his favor, such decision will give license to
any owner in the district to do exactly what Mr. Cone
proposes, at least until the City Code is rewritten and
clarified. In concluding, Ms. Brigham stated that if Mr.
Cone should succeed in his appeal, 20 years of hard work
on the part of hundreds of owners and residents of Old
Southwest will be undone, and Council will be saying to
the members of Old Southwest that their accomplishments
mean nothing. Therefore, she requested that Council
uphold the decision of the Architectural Review Board.
Mr. Bowers moved that Council affirmthe decision of
the Architectural Review Board. The motion was seconded
by Mr. Fitzpatrick.
Question was raised with regard to the difference
between the H-l, Historic District, and the H-2,
Neighborhood Preservation Districts; whereupon, Ms.
Evelyn S. Gunter, Secretary, Architectural Review Board,
advised that the H-1 District is referred to by the
Architectural Review Board as a restoration district
416
AC?ION:
which follows guidelines known as the Secretary of the
Interior's Standards for Rehabilitation. She stated that
the H-1 District is designed specifically for those
properties that are located on either the National
Register of Historic Places or within a National Register
District. She further stated that although all of old
southwest is located within a National Register Historic
District, there are parts of old southwest that are more
significant from a National Register perspective than
others. She explained that the H-2 District is referred
to by the Architectural Review Board as a conservation
district adhering to architectural details, but not to
the extent that such details are observed.
The City Attorney referred to Section 36.1-345 (b)
of the City Code with regard to "ordinary maintenance",
advising that it appears that the Architectural Review
Board did not have jurisdiction with respect to siding
nor does Council have jurisdiction inasmuch as siding is
an issue for the homeowner to decide without intervention
of government. With regard to replacement of the porch
and windows, he stated that the intent of the City Code
is clear and referred to Section 36.1-23 which states
that a "building" or "structure" includes any part
thereof, and the word structure includes the word
"building". He referred to Section 36.1-25 which defines
a structure as, "Anything which is constructed or erected
with a fixed location on the ground, or attached to
something having a fixed location on the ground." He
stated that he would submit to Council that the windows
drastically according to Ms. Gunter, and further
submitted that according to testimony which was given at
a meeting of the Architectural Review Board, the size of
the porch will be diminished, therefore, the initial
question, which is one of jurisdiction, must be answered
to the effect that the Architectural Review Board had
Jurisdiction with respect to the porch and with respect
to the windows, and Council has jurisdiction on appeal.
He explained that the second question is whether or not
the proposed reconstruction is compatible and consistent
with the H-2 ordinances and regulations of the City, and
referred to testimony -of the Chairman of the
Architectural Review Board and staff to the effect that
the proposed reconstruction will not be compatible.
Following further discussion of the matter, Mr.
Bowers' motion, seconded by Mr. Fitzpatrick, to reaffirm
the decision of the Architectural Review Board, was
adopted by the following vote:
1
AYES: Council Members White, Bowers,
Fitzpatrick, Harvey, Musser and Mayor Taylor--
Bowles,
7.
NAYS: None 0.
PETITIONS AND CO~4UNICATIONS: NONE.
At 9:05 p.m., the Mayor declared the meeting in
recess.
At 9:20 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SPECIAL PERMITS: The City Manager submitted a
written report advising that Council has granted
permission to various civic groups in the past to hang
flags from street lighting poles in the downtown area;
and pursuant to communication under date of April 9,
1991, Ms. Cathy Greenberg, representing The Junior League
of Roanoke Valley, Virginia, Inc., has requested
permission to fly flags from street lighting poles in the
Roanoke Valley Xorse Show.
The City Manager recommended that Council authorize
a revocable permit to The Junior League of Roanoke
Valley, Virginia, Inc., to mount certain flags on street
lighting poles in the Central Business District of the
City from June 14, 1991, through June 24, 1991.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the following Ordinance
be placed upon its first reading:
(#30509) AN ORDINANCE granting to The Junior League
of Roanoke Valley, Virginia, Inc., a revocable permit to
mount certain flags on street lighting poles in the
Central Business District of the City, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 52,
page 351.)
418
ACTION:
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None-- 0.
HOUSING-PARKING GARAGE: The City Manager submitted
a written report advising that Council authorized an
agreement and a lease agreement with the Roanoke
Redevelopment and Housing Authority on November 26, 1990,
for a proposed Downtown East Parking Garage in the 200
block of Church Avenue, S. E.; and the parking garage is
necessary in order to replace parking which has been
displaced as a result of the construction of the Norfolk
and Western Office Building in downtown east.
It was further advised that the Housing Authority
has a legal commitment with Crestar Bank to have the
parking garage completed no later than October, 1992;
that total project cost is estimated to be $5,750,000.00;
that previous land sales by the Housing Authority,
interest, and payments-in-lieu of taxes will provide
approximately $1,925,000.00, therefore, approximately
$3,825,00.00 will be needed to complete the project.
It was explained that plans and specifications have
been prepared and the Housing Authority has advertised
for bids to be received on May 21, 1991, with
construction to commence in June; and financial advisors
for the Housing Authority have recommended that permanent
financing through the sale of bonds should occur closer
to the time (approximately January 1992) that such funds
will be actually required in order to minimize the
interest cost.
The City Manager recommended that he be authorized
to enter into an agreement with the Roanoke Redevelopment
and Housing Authority, in a form subject to approval by
the City Attorney; and that the Director of Finance be
authorized to extend a line of credit to the Housing
Authority from existing idle capital funds to be repaid
from the sale of the bonds for permanent financing for
the purpose of providing interim financing not to exceed
$3,825,000.00 for the proposed Downtown East Parking
Garage.
(For full text, see report on file in the City Clerk's
Office.)
4)9
ACTION:
Mr. Bowers offered the following Resolution:
(#30510-51391) A RESOLUTION authorizing the
extension of a temporary line of credit to the City of
Roanoke Redevelopment and Housing Authority (RRHA) to
guarantee interim construction financing for the
construction of a parking garage at 25 Church Avenue,
S. E.; and authorizing the proper City officials to
execute an appropriate Agreement on behalf of the City.
(For full text of Resolution, see Resolution Book No. 52,
page 339.)
Mr. Bowers moved the adoption of Resolution No.
30510-51391. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor .......... 7.
NAYS: None. 0.
BUDGET-EQUIPMENT-RECYCLING: The City Manager
submitted a written report concurring in a report of a
bid committee with regard to providing a new recycling
truck for use by the Refuse Collection Department.
The bid committee recommended that Council accept
the lowest responsible bid submitted by Wilbar Truck
Equipment, Inc., and authorize issuance of a purchase
order for nnA np~ r~cvclino truck, in th~ amolmnt
including performance bon~ of %78,250.00; authorize the
Director of Finance to transfer $54,193.00 from the
General Fund, Contingency Equipment Replacement, Account
No. 001-002-9410-2202, to Refuse Collection, Account No.
001-052-4210-9015, to provide funds for the purchase of
a recycling truck, two radios and a car vision system;
and appropriate an additional $28,512.00 to Refuse
Collection, Account No. 001-052-4210-9015, and establish
an accounts receivable for said amount.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30511-51391) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 340.)
420
ACTION:
ACTION:
Mr. White moved the adoption of Ordinance No. 30511-
51391. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following Resolution:
(#30512-51391) A RESOLUTION providing for the
purchase of a recycling truck, upon certain terms and
conditions, by accepting a bid made to the City for
furnishing and delivering such equipment; and rejecting
other bids made to the City.
(For full text of Resolution, see Resolution Book No. 52,
page 340.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30512-51391. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor .......... 7.
NAYS: None 0.
PARKS AND PLAYGROUNDS-SPORTS COMPLEX: The City
.... = .... ~ .,~.. ~u~L ~u~,~uL~iz~ iz~ ~ report
of a bid co~mittee with regard to providing food and
beverage concession services at the River's Edge Sports
Complex, for a term of one year commencing on May 15,
1991.
The bid committee recommended that Council award a
contract to Tribbett's Portable Foods in the amount of
either $103.00 per month or 33.3 per cent of gross
receipts per month, whichever is greater, to be paid to
the City for a tezml of one year, commencing on June 1,
1991, and ending on May 31, 1992, with an option to renew
said contract for one additional year upon the same terms
and conditions.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the following Ordinance
be placed upon its first reading:
ACTION:
ACTION
(#30513-52091) AN ORDINANCE accepting a bid for
certain concession privileges to be exercised on City
owned property, upon certain terms and conditions; and
authorizing execution of the requisite concession
agreement.
(For full text of Ordinance, see Ordinance Book No. 52,
page 352.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council Members White, bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor .......... 7.
NAYS: None 0.
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The Director of Finance
submitted a written report in connection with personnel
lapse funds for the third quarter of fiscal year 1990-91,
and recommending transfer of certain funds in connection
with the matter.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30514-51391) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 340.)
Mr. Harvey moved the adoption of Ordinance No.
30514-51391. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None 0.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
422.
ACTION:
ACTION:
ACTION:
ACTION:
BUDGET-PAY PLAN-SCHOOLS: Vice-Mayor Musser advised
that his major concerns with regard to the 1991-92 fiscal
year budget as alluded to on Monday, May 6, 1991,
centered around the fact that individual downtown
businesses were not briefed with regard to transfer of
certain fire personnel from the No. 1 Fire Station in
downtown Roanoke to the Route 460 fire station, however,
his concern has been addressed and downtown businesses
are satisfied that response times will vary only slightly
as a result of the shift in personnel.
Mr. Musser stated that his second issue of concern
related to the structure of the City's Pay Plan which was
revised approximately seven years ago, advising that the
Pay Plan has caused problems in comparing the salaries of
certain individuals and positions; therefore, he moved
that the City Manager be instructed to request the Pay
Plan consultant to review those areas that appear to be
out of line and submit recommendations for consideration
by Council during fiscal year 1992-93 budget study. The
motion was seconded by Mr. Harvey.
Mr. Harvey expanded upon the motion and requested
that the City Manager investigate the feasibility of
retaining the services of a consultant to review areas of
joint cooperation where the City and the School system
could combine activities in an effort to save money.
Mr. White expressed the preference that a detailed
report from the City Manager with regard to the
aDovestate~ matters would De in or,er prior to making a
decision on whether Or not the services of a consultant
should be retained.
The motion offered by Mr. Musser, seconded and
expanded upon by Mr. Harvey, was unanimously adopted.
BUDGET: A certificate of the Director of Finance
advising that funds required for the 1991-92 General
Fund, Water Fund, Sewage Treatment Fund, Roanoke Civic
Center Fund and Internal Service Fund budgets will be
available for appropriation, was before Council.
(For full text, see certificate on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the certificate be
received and filed. The motion was seconded by Mrs.
Bowles and unanimously adopted.
ACTION:
ACTION:
BUDGET: Mr. White offered the following emergency
Ordinance adopting the annual General Fund Appropriation
of the City of Roanoke for the fiscal year beginning
July 1, 1991, and ending June 30, 1992, in the total
amount of $152,090,022.00:
(%30515-51391) AN ORDINANCE adopting the annual
General Fund Appropriation of the City of Roanoke for the
fiscal year beginning July 1, 1991, and ending June 30,
1992; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 343.)
Mr. White moved the adoption of Ordinance No. 30515-
51391. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None 0.
BUDGET-WATER DEPARTMENT: Mrs. Bowles offered the
following emergency Ordinance adopting the annual Water
Fund Appropriation of the City of Roanoke for the fiscal
year beginning July 1, 1991, and ending June 30, 1992, in
the total amount of $4,889,790.00:
(#30516-51391) AN ORDINANCE adopting the annual
fiscal year beginning July 1, 1991, and ending June 30,
1992; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 345.)
Mrs. Bowles moved the adoption of Ordinance No.
30516-51391. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: Nons 0.
BUDGET-SEWERS AND STORMDRAINS: Mr. Harvey offered
the following emergency Ordinance adopting the annual
Sewage Treatment Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1991, and
ending June 30, 1992, in the total amount of
$6,969,000.00:
424
ACTION:
ACTION:
(#30517-51391) AN ORDINANCE adopting the annual
Sewage Treatment Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1991, and
ending June 30, 1992; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 346.)
Mr. Harvey moved the adoption of Ordinance No.
30517-51391. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor--- 7.
NAYS: None 0.
BUDGET-CIVIC CENTER: Mr. Harvey offered the
following emergency Ordinance adopting the annual Civic
Center Fund Appropriation of the City of Roanoke for the
fiscal year beginning July 1, 1991, and ending June 30,
1992, in the total amount of $2,061,730.00:
(#30518-51391) AN ORDINANCE adopting the annual
Civic Center Fund Appropriation of the City of Roanoke
for the fiscal year beginning July 1, 1991, and ending
June 30, 1992; and declaring the existence of an
emergency.
{~'or tull text o~ Ordinance, see Ordinance Book No. 52,
page 347.)
Mr. Harvey moved the adoption of Ordinance No.
30518-51391. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor--- 7.
NAYS: None 0.
BUDGET: Mr. Musser offered the following emergency
Ordinance adopting the annual Internal Service Fund
Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1991, and ending June 30, 1992, in the
total amount of $7,360,372.00:
(#30519-51391) AN ORDINANCE adopting the annual
Internal Service Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1991, and
ending June 30, 1992; and declaring the existence of an
emergency.
425
tl
ACTION:
ACTION:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 52,
page 347.)
Mr. Musser moved the adoption of Ordinance No.
30519-51391. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None --- 0.
BUDGET-TRANSPORTATION FUND: Mr. Fitzpatrick offered
the following emergency Ordinance adopting the annual
Transportation Fund Appropriation of the City of Roanoke
for the fiscal year beginning July 1, 1991, and ending
June 30, 1992, in the total amount of $1,779,813.00:
(#30520-51391) AN ORDINANCE adopting the annual
Transportation Fund Appropriation of the City of Roanoke
for the fiscal year beginning July 1, 1991, and ending
June 30, 1992; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 348.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30520-51391. The motion was seconded by Mr. Bowles and
adopted by the following vote:
AYES: Council Members White, Bowers,
Fitzpatrick, Harvey, Musser and Mayor Taylor---
Bowles,
--7.
NAYS: None 0.
PAY PLAN-CITY EMPLOYEES: Mr. Bowers offered the
following emergency Ordinance amending and reordaining
Ordinance No. 30035-50790, adopted on Monday, May 7,
1990, by suspension of merit increases to classified
officers and employees of the City, effective July 1,
1991:
(#30521-51391) AN ORDINANCE amending and
reordaining Ordinance No. 30035-50790, adopted May 7,
1990, by suspension of merit increases, effective July 1,
1991; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 349.)
Mr. Bowers moved the adoption of Ordinance No.
30521-51391. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
426
AYES: Council Members White, Bowers, Bowles,
Fitzpatrick, Harvey, Musser and Mayor Taylor ........... 7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
COUNCIL-TAXES-LEGISLATION-DOWNTOWN CONVENTION
CENTER: Council Member David A. Bowers, Chair of the
Legislative Committee, presented a written report with
regard to a luncheon meeting which was held on Thursday,
May 9, 1991, with Delegate C. Richard Cranwell.
Mr. Bowers advised that there was considerable
discussion about the Commonwealth of Virginia assisting
the City in the construction of The Hotel Roanoke/
Conference Center complex, including the City's interest
in having a rebate calculated for any sales tax increases
generated to the Commonwealth by the construction of the
complex and increased sales incurred by persons attending
conventions. He stated that Delegate Cranwell asked that
the City contact the Virginia Municipal League and gather
additional information regarding rebate programs which
are reportedly in operation in Alabama and Arkansas for
the benefit of the development of conference centers in
said states. Mr. Bowers suggested that the City Attorney
be requested to assimilate information reqardinq the
remake procedure form the Virginia Municipal League, or
any other source, for presentation to Delegate Cranwell
for review.
Mr. Bowers explained that Delegate Cranwell
indicated that the Commonwealth may be interested in
allowing Roanoke area citizens to temporarily increase
the sales tax by one-half cent in order to help pay for
the facility, however, he advised that any efforts to
raise the one-half cent sales tax should be passed across
the board to all Roanoke Valley residents, and not Just
City citizens inasmuch as the refurbishing and reopening
of The Hotel Roanoke and the construction of a conference
center and trade and convention center is the number one
economic development and public works priority for the
entire Roanoke Valley.
With regard to the Blacksburg/Roanoke "smart"
highway, Mr. Bowers advised that the committee emphasized
that although this project is in the Virginia Department
of Transportation's six year plan, only $200,000.00 has
.. I
427
ACTION:
been proposed for engineering studies, and Delegate
Cranwell indicated that although he was in favor of the
project, it would take a concerted effort for specific
funding in order for the project to commence.
Finally, Mr. Bowers pointed out that Delegate
Cranwell offered to mediate a group meeting between local
area elected officials to discuss issues and projects of
mutual benefit.
(For full text, see report on file in the City Clerk's
Office.)
Following discussion of the matter, Mr. Bowers moved
that the City Attorney be requested to obtain information
with regard to a Sales Tax Rebate Program, which program
is currently in operation in Alabama and Arkansas for the
benefit of the development of conference centers in said
states, in order that said information may be presented
at meetings of a subcommittee for the House of
Representatives which is chaired by Delegate David G.
Brickey. The motion was seconded by Mr. Harvey and
unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared
the meeting adjourned at 9:55 p.m.
ATTEST:
APPROVED
City Clerk
Mayor
428
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
May 20, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
May 20, 1991, at 2:00 p.m., the regular meeting hour, with Mayor
Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedurg, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, Howard E.
Musser, William White, Sr., and Mayor Noel C. Taylor ............. 7.
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Earl B. Reynolds, Jr., Assistant City Manager; Wllburn C. Dlbling,
Jr., City Attorney; James D. Grisso, Deputy Director of Finance;
and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Nicholas G. Bacalis, Pastor, Holy Trinity Greek Orthodox Church.
The Pledge of Allegiance to the Flag of the United States
ACTS OF ACKNOWLEDGEMENT-PUBLIC WORKS: The Mayor
presented Mr. William F. Clark, Director of Public Works,
with a formal proclamation declaring the week of May 20 -
25, 1991, as "National Public Works Week" in the City of
Roanoke, said proclamation calling upon all citizens and
civic organizations to acquaint themselves with the
problems involved in providing public works and to
recognize the contributions that public works officials
make everyday to the health, safety, and comfort of more
than 100,000 citizens of the City of Roanoke.
(For full text, see proclamation on file in the City
Clerk's Office.)
The Mayor called upon the City Clerk to read the
names of Public Works Employees of the Quarter, as
follows:
First Quarter - May/July
Debra R. Napier Drafting Tech. I
Rickey Lee Vaden
HVAC Mechanic
John W. Porterfield,
Sr.
William H. Cochrane
Alvin L. Harper, Jr.
Custodian I
Motor Equipment
Operator II
Laborer/Operator
James V. Hoback
Robyn T. Yates
Motor Equipment
Mechanic II
Communications
Engineering
Department
Building
Maintenance
Custodial
Services
Refuse
Collection
Street
Maintenance
Fleet
Maintenance
Co~mmnications
Department
m
Second Quarter - Auqust/October
Alfred L. Blane¥
Sanitation
Worker
Refuse
Collection
Teresa J. Russell
Custodian I
Custodial
Calvin R. Deel
Motor Equipment
Mechanic II
Fleet
Maintenance
Thaddeus C. Anderson
Motor Equipment
Operator II
Street
Maintenance
William C. Holland
Maint. Mechanic II Building
Maintenance
Donald R. Nolen
Zoning Inspector
Building
Inspections
430
Third Quarter - November/January
Alonzo W. English Custodian I
Kimberly R. Mitchell Dispatcher II
A. David Frye
Roger K. Yates
B. C. White
Melvin L. Blankenship
Donald R. Arthur
Motor Equipment
Mechanic II
Equipment Ser.
Inspector
Construction
Inspector
Maintenance
Mechanic II
Laborer/Operator
Custodial
Services
Communications
Department
Fleet
Maintenance
Refuse
Collection
Engineering
Department
Building
Maintenance
Street
Maintenance
Fourth Quarter - February/April
Roy V. Wtlliamson Motor Equipment
Mehanic Helper
Eugene L. Allicott
Oswald E. Powers
Melvin Snyder
John W. Porterfteld,-
Sr.
Robert W. Hartman
Donald L. Gray
Motor Equipment
Signal Techn. I
Laborer/Operator
Custodian I
Fleet
Maintenance
Refuse
Signals and
Alarms
Street
Maintenance
Custodial
Services
Maintenance Building
Mechanic II Maintenance
Building Inspector Building
Maintenance
The Mayor congratulated each Employee of the
Quarter and advised that because of their dedication and
efforts, the City of Roanoke has one of the nation's
finest Public Works Departments.
In observance of Public Works Week, Mr. Clark
advised that third grade students from throughout the
City's public schools were invited to tour the Public
Works Service Center facility, and he invited the Members
of Council to tour the facility anytime during the week
between the hours of 9:00 a.m. and 12:00 noon, Monday
through Thursday.
Mr. Clark explained that he would like to pay
special recognition to two employees under his
directorate. He introduced Ms. Teresa Russell, who has
been employed as a Custodian for approximately ll years,
assigned to work in the Courts Facility. He advised that
some time ago, she found a piece of Jewelry that had
beenleft in one of the Courtrooms and she went out of her
way to insure that the article was returned to its
rightful owner. He commended her for her honesty and
positive behavior on behalf of the Public Works
Department.
Mr. Clark also recognized Mr. Oswald Powers, who
will retire on July 1, 1991, after approximately 20 years
of service in the Signals and Alarms Department. He
advised that Mr. Powers has coordinated the Public Works
Program at the Service Center and provided enthusiastic
presentations for visiting school children. He commended
Mr. Powers for his readiness and willingness to help
others.
Mr. Clark advised that three key officials under
h{~ d{r~ctorate will retire on Ju!v 1. 1991; whereupon,
he recognized Mr. Alfred Beckley, Manager,
Communications, Mr. Donald E. Keaton, Manager, Refuse
Collection, and Mr. William M. Mullins, Jr., Manager,
Signals and Alarms.
The Mayor stated that it was his pleasure on behalf
of the Members of the Roanoke City Council and City
Administration to recognize and congratulate Mr.
Thaddeus C. Anderson, Motor Equipment Operator in the
Street Maintenance Department at the Public Works Service
Center, upon being selected as the 1990-91 Employee of
the Year in the Public Works Directorate. He advised
that Mr. Anderson has been employed by the City of
Roanoke on a permanent basis since July 1, 1984; that he
has received progressively higher performance evaluations
since he began working for the City; that he missed no
time from work during fiscal year 1989-90 and received a
letter of commendation from the City Manager for his
attendance; and he received a certified Signs and Marking
Specialist, Level II, rating by the International
Municipal Sign Association on July 10, 1990. The Mayor
stated that Mr. Anderson's determination and positive
432
ACTION:
attitude has set an example for co-workers and his
thorough knowledge and willingness to "get the Job done
right" make him a valuable asset to the department and to
the City.
Mr. Musser offered the following Resolution:
(#30522-52091) A RESOLUTION recognizing THADDEUS
CHESTER ANDERSON, as Employee Of The Year in the Public
Works directorate.
(For full text of Resolution, see Resolution Book No. 52,
page 352.)
Mr. Musser moved the adoption of Resolution No.
30522-52091. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ................. 7.
NAYS: None
The Mayor presented Mr. Anderson with a framed copy
of Resolution No. 30522-52091 and a plaque containing the
inscription, "Presented to Thasseus Chester Anderson,
Public Works Employee of the Year 1990-91"; and a $100.00
United States Savings Bond.
CITY CODE-TAXES: Pursuant to motion adopted by
Council on Monday, May 13, 1991, the City Clerk having
advertised a public hearing for Monday, May 20, 1991, at
7:30 p.m., or as soon thereafter as the matter may be
heard, in connection with a proposal to expand the
boundaries of the Downtown Service District in the
downtown area of the City of Roanoke, and the proposed
repeal of Section 32-103 of the Code of the City of
Roanoke (1979), as amended, which requires City Council
to review and decide whether to continue the Downtown
Service District program prior to July 1, 1992, the
matter was before the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Sunday,
May 5, 1991, and Sunday, May 12, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
433
I1
A report of the City Manager advising that the
Downtown Service District was established pursuant to
Ordinance No. 28453, adopted by Council on Monday,
December 8, 1986, with an effective date of July 1, 1987;
and the Downtown Service District Service Agreement was
executed on June 23, 1987, between the City of Roanoke
and Downtown Roanoke, Inc., an independent contractor on
behalf of the City, to foster economic advancement and
development of the Downtown Service District, which
agreement provided for automatic extension on each July 1
commencing on July 1, 1988, for five consecutive years,
with 90 days written notice from the City prior to July 1
of its intention to terminate the agreement.
It was further advised that amendments to Ordinance
No. 28453 establishing the Downtown Service District and
the Downtown Service District Service Agreement have been
proposed by Downtown Roanoke, Inc.; and property owners
in the existing and in the proposed expansion district
are in support of the proposed amendments.
The City Manager recommended that Council amend
Ordinance No. 28453 and authorize amendment of the
Downtown Service District Service Agreement, as follows:
remove all references to the sunset provision
from the local ordinance;
expand the Downtown Service District
boundaries as set forth in a legal
~o-~{~{nn ~n~ man attached to the report;
extend the Downtown Service District Service
Agreement with Downtown Roanoke, Inc.,
annually for a period of up to ten years,
commencing on July 1, 1991, with a right to
terminate by the City upon 90 days written
notice prior to July 1 of any year.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that the following Ordinance be
placed upon its first reading:
(#30523) AN ORDINANCE amending and reordaining
§32-102.2, Defined; and repealing §32-103, Council to
review program, of Chapter 32, Taxation, Code of the City
of Roanoke (1979), as amended, to amend the definition of
the downtown service district to expand such district and
to repeal the requirement that City Council review the
downtown service district program and decide on its
434
ACTION:
continuance prior to July 1, 1992; authorizing the
extension of the Downtown Service District Service
Agreement with Downtown Roanoke, Inc., for a period of up
to ten years; authorizing the proper City officials to
execute an appropriate amendment to the Agreement; and
providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 52,
page 366.)
The motion was seconded by Mr. White.
Mr. William S. Hubard, President, Downtown Roanoke,
Inc., appeared before Council in support of the
following:
Removal of all references to the
sunset provision from the local
ordinance which established the
Downtown Service District.
Extension of the management contract
for the Downtown Service District
between Downtown Roanoke, Inc., and
the City of Roanoke for a period of
ten years.
Expansion of the Downtown Service
District boundaries to include an
area generally described as from
Fifth Street on th~ ~mQ~ en T--~I ..
the east and from Highland Avenue,
Mountain Avenue and Elm Avenue on
the south to Wells Avenue and Loudon
Avenue on the north.
He advised that overwhelming support has been
received from property owners in the existing and
proposed district in favor of the above request.
Mr. William H. Fulton, President-elect, Downtown
Roanoke, Inc., also appeared before Council in support of
the request.
The Mayor inquired if there were other persons in
attendance who would like to address Council with regard
to the matter. There being none, Ordinance No. 30523 was
adopted on its first reading by the following vote:
435 !
AYES: Council Members Bowers, Bowles, Harvey,
Musser, White and Mayor Taylor-- 6.
NAYS: None
(Council Member Fitzpatrick abstained from voting.)
SCHOOLS-BONDS: Pursuant to motion adopted by
Council on Monday, May 2, 1991, the City Clerk having
advertised a public hearing for Monday, May 20, 1991, at
7:30 p.m., or as soon thereafter as the matter may be
heard, in connection with consideration of a proposed
Ordinance approving the issuance by the City of general
obligation bonds, in an amount not to exceed
$2,000,000.00, for the purpose of financing, in part, the
costs of improvements and additions to certain school
buildings in the City of Roanoke, the matter was before
the body.
Legal advertisement of the public hearing was
published in the Roanoke Times & World-News on Sunday,
May 5, 1991, and Sunday, May 12, 1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A communication from the Roanoke City School Board
advising that a Literary Fund Loan of $2 million for
Crystal Spring Elementary School was approved by the
State in June, 1990, which loan was placed on the waiting
list for receipt of funds; and the State projected that
loan zunus would b~ z~u=iv=d i,, Julx, 13Df, ...... ---.. -..-~-
first debt service payment scheduled for July, 1992, was
before Council.
It was further advised that the General Assembly
transferred $75 million from the Literary Fund in order
to balance the State budget which created a cash flow
crisis for the Literary Fund and forced school divisions
to wait an additional six to 12 months for receipt of
loan funds; and loan funds for Crystal Spring Elementary
School will not be received until January, 1992.
It was explained that in order to assist school
divisions in need of their Literary Fund Loan proceeds,
the General Assembly has approved a Virginia Public
School Authority (VPSA) bond sale with a Literary Fund
interest rate subsidy; that the bond sale would occur in
July, 1991 and would provide school divisions now waiting
for a Literary Fund Loan with the amount approved for the
loan in August, 1991; and while the interest rate subsidy
436
ACTION:
would result in a net interest rate to Roanoke City
Schools equal to the Literary Fund rate of four percent,
the state will also provide $5,500.00 to cover the costs
of bond counsel.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance
be placed upon its first reading:
(#30524) AN ORDINANCE authorizing the issuance of
not to exceed $2,000,000.00 General Obligation School
Bonds, Series 1991, of the City of Roanoke, Virginia, to
be sold to the Virginia Public School Authority and
providing for the form and details thereof.
(For full text of Ordinance, see Ordinance Book No. 52,
page 367.)
The motion was seconded by Mr. White.
Mr. Richard L. Kelley, Clerk of the Roanoke City
School Board, and Executive for Business Affairs,
appeared before Council in support of the request.
The Mayor inquired if there were persons in
attendance who would like to address Council with regard
to the matter. There being none, Ordinance No. 30524 was
adopted on its first reading by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ............ 7.
NAYS: None 0.
CONSENT AGENDA:
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss a personnel matter, being the performance of
a specific public officer.
437
ii
ACTION:
ACTION:
ACTION:
ROANOKE ARTS COMMISSION: A reDort of qualification
of Mr. Richard C. Maxwell as a member of the Roanoke Arts
Commission for a term ending June 30, 1993, was before
Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. White moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .......... 7.
NAYS: None --0.
I~USTRIES: A report of qualification of Ms.
Margaret R. Baker as a Director of the Industrial
Development Authority to fill the unexpired term of Mr.
Jack C. Smith, deceased, ending October 20, 1991, was
before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. White moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Bowers. Bowl~. Ftt~nat~{e~_
Harvey, Musser, White and Mayor Taylor ..... £ ..... L ..... 7~
NAYS: None 0.
DIRECTOR OF REAL ESTATE VALUATION: A report of
qualification of Ms. Nadine C. Minnix as Acting Director
of Real Estate Valuation for the City of Roanoke,
effective May 14, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mr. White moved that the report of qualification be
received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ........ 7.
NAYS: None---
e
438
ACTION:
ACTION:
COUNCIL: An oral request of Council Member
James G. Harvey, II, that Council convene in Executive
Session to discuss a personnel matter, being the
performance of a specific public officer, pursuant to
Section 2.1-344 (A) (1), Code of Virginia (1950), as
amended, was before the body.
Mr. White moved that Council concur in the request
of Council Member Harvey to convene in Executive Session
to discuss a personnel matter, being the performance of
a specific public officer, pursuant to Section 2.1-344
(A) (1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .......... 7.
NAYS: None' 0.
At 3:05 p.m., the Mayor declared the meeting in
recess.
At 3:20 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session
just concluded, Mr. Harvey moved that each Member of City
Council certify to the best of his or her knowledge that:
open me~t g requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ................. 7.
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PARKS AND PLAYGROUNDS: Mr. Timothy Berry,
Tournament Director, Roanoke Valley Youth Soccer Club,
appeared before Council and expressed appreciation for
the City's assistance in holding the Sixth Annual Crestar
439
ACTION=
Festival Soccer Tournament in the City of Roanoke. He
stated that the Tournament was started in 1986 with 41
teams from four states, and this year 188 teams will
participate from seven states as far north as New York
City and as far west as Lexington, Kentucky, as well as
many teams from the Commonwealth of Virginia and the
State of North Carolina. He added that every hotel room
in the City of Roanoke has been reserved for the weekend
as a result of the Tournament and 12 teams are staying in
hotels as far away as Christiansburg. He pointed out
that this event will draw approximately 10,000 people to
the Roanoke Valley for the weekend; that last year the
Tournament benefitted the Roanoke Valley in the amount of
$1 million and it is expected that it will reproduce at
least that amount if not more this year. He explained
that 300 games will be played in two days, 22 champions
will be crowned, and most of the games will be played at
the River's Edge Sports Complex. Mr. Berry invited the
members of Council to attend the Tournament to observe
sporting activities firsthand.
Mr. Musser moved that the remarks of Mr. Berry be
received and filed. The motion was seconded by Mrs.
Bowles and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting that Council appropriate
funds to the following school accounts, was before the
body.
Grant No. 6427 -
$43,545.00 for the Summer Youth
Training, Alternative Education
Program for the summer of 1991 to
provide basic and remedial education
for employment enhancement and job
exploration for alternative
education summer students. The
Program will be 100 per cent
reimbursed by Federal funds.
Grant No. 6592 -
$755,000.00 for the 1991-92 Flow
Through Program to provide aid for
the education and guidance of
handicapped students. The Program
will be 100 per cent reimbursed by
State and Federal funds.
Grant No. 6976
$5,000.00 for the Adopt A Book
Program. Community donations will
be used to purchase library books
44O
for schools division-wide. The
level of expenditures will be
determined by actual contributions
received.
Grant No. 6975 -
$2,000.00 for the Let's Talk
Program. Community donations will
provide enrichment for economically
disadvantaged students through
educational field trips. A
contribution has been received for
the full amount of the program.
The School Board further requested that Council
appropriate funds, in the amount of $925,000.00, from the
1990 Bond Funds for asbestos removal projects, primarily
at Addison Middle School, as well as engineering studies
for renovation of the four oldest middle schools;
appropriate funds in the amount of $360,111.00,
representing the fourth and final request for proceeds
from the 1990-91 Capital Maintenance and Equipment
Replacement Fund, advising that funds will be used for
installation of computer network systems for the two
senior high schools to facilitate administrative and
instructional recordkeeping, replacement of athletic
equipment at both senior high schools, replacement of
seven pre-1978 school buses in order to meet a State
mandate, special education needs, installation of air-
brake dryer systems in all schools, and replacement of
the stage curtains at Patrick Henry High School.
(~ £ull t=aC, see communication on file in the City
Clerk's Office.)
A report of the Director of Finance advising that
he has reviewed the request of the School Board and
recommending that Council concur in said request, was
also before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30525-52091) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General, Capital and
Grant Funds Appropriations, and providing for an
emergency.
!
441
ACTION:
(For full text of Ordinance, see Ordinance Book No. 52,
page 352.)
Mr. White moved the adoption of Ordinance No.
30525-52091. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ......... 7.
NAYS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
SEWERS AND STORM DRAINS: The City Manager
submitted a written report advising that the 1986 Clean
Water Act passed by Congress mandated the control of
pollutants carried by stormwater to the streams of the
United States; and on November 16, 1990, the Federal
Register included the Environmental Protection Agency's
(EPA) Stormwater Regulations which requires the
following:
Individual Industrial Permits for, but not
limited to, landfills that have received
industrial waste, Public Works Centers,
vehicle maintenance facilities, wastewater
treatment plants, development sites over five
acres, and airports by ~ay 16, 1992.
Group permits for the Public Works Center,
landfills, and wastewater treatment plant can
be obtained with other similar users with a
revised application deadline of September 16,
1991, for Part I (background information) and
May 16, 1992, for Part II (permit data).
With regard to Municipal Permits, the following
information was provided:
Municipal Permits:
deadlines: (Part I)
large municipalities (250,000+ population)
November 16, 1991
medium municipalities (100,000 - 250,000
population) May 16, 1992
442
small municipalities (less than 100,000 population)
(deadline has not been announced, but is
anticipated to be May 1993.)
Reguirements:
City of Roanoke has been identified by name
in the' Federal Reqister as a medium size
municipality.
Part II applications are due one year after
the Part I deadlines.
Once the Part II applications are complete, a
five year implementation program begins.
Existing City maps are either too old or
insufficient to be used for Parts I & II
applications.
It was explained that cost estimate, as determined
by the City Engineer's Office, is as follows:
Industrial Permit:
Public Works Center
Valley Metro Bus Maint.
Facility
Wastewater Treatment
Plant
Landfills (6 possible
sites)
19,000.00
10,000.00
10,000.00,
114,000.00
Development Sites
(1) RCIT
(2) Shaffer's Crossing
19,000.00
19~000.00
$191,000.00
*This permit cost could be funded by the
Sewer Fund.
Cost estimates would be reduced should the
City decide to participate in group or
regional permits, which options are being
considered.
443
I
,i
Municipal Permit:
Part I: $300,000.00 + mapping
Part II: $250,000.00 + mapping
Mapping: $250,000.00 ($9,911.00 for aerial
photography completed on April 4, 1991)
**Mapping will save approximately $52,000.00 on
Industrial Permits.
The City Manager advised that aerial photography
quotes were requested from three firms to provide service
in the City of Roanoke on a regular basis; that
Photogrammetric Data Services (PDS) provided the best
overall quote, in the amount of $9,911.00, with flights
completed on April 4, 1991; that he has requested a
determination from the Executive Director of the
Commonwealth of Virginia State Water Control Board that
the City is not a "Medium Municipal separate storm sewer
system" as defined by the new Environmental Protection
Agency regulations; that based on the 1990 Decennial
Census, the City's population is less than 100,000; and
if the request is approved, the City will not be required
to obtain a municipal permit by the May 16, 1992,
deadline.
It was further advised that stormwater utility
districts have emerged in recent years in various
localities, such as Washington, Colorado, Florida and
North Carolina, as a viable means of financing the
growing stormwater capital and maintenance burden; that
............... ~ ...... haw bee,~ ~enea to
initial regulations for wastewater treatment during the
1930's and 1940's; that consequently, many cities have
initiated or have shown interest in a user fee based on
stormwater utility; that the 1991 Session of the General
Assembly passed legislation authorizing Virginia
municipalities to create stormwater utility districts;
that for each equivalent residential unit in the City of
Roanoke, a $2.00 per month fee would equate to
$2,000,000.00 per year; that on April 1, 1991, the
Governor signed the Stormwater Utility District Bill into
law, effective July 1, 1991; and in the future, the City
of Roanoke may wish to consider this means of financing
improvements which may be required under new stormwater
regulations.
The City Manager explained that he has forwarded a
waiver request, in a form approved by the City Attorney,
to the Executive Director of the Virginia State Water
Control Board requesting that the City of Roanoke be
444
ACTIONt
ACTION:
reclassified as a small municipality (less than 100,000
population); and City staff will proceed with advertising
for an individual industrial permit and necessary mapping
consultant contracts in order to bring negotiated
contracts to Council for approval on Monday, June 24,
1991.
The City Manager advised that legal requirements
for completing permits will be met provided the
Environmental Protection Agency gives the City's waiver
request an expeditious review; that penalty for non-
compliance is up to $25,000.00 per day; that cost will be
reasonable based on competitive negotiations and
separating out the mapping as an individual contract to
surveying/mapping firms; that timing for the permit
deadlines could be met; and funding sources, in the
amount of $191,000.00 plus $10,000.00 contingency, will
be identified in the following amounts:
Stormwater Management
Survey
Stormwater Permits
$90,000.00
111,000.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the report be received
and filed. The motion was seconded by Mr. Harvey and
unanimously adopted.
Following discussion of the matter. Mr. Harvey
moved that the Mayor be requested to correspond with the
members of Congress representing the Commonwealth of
Virginia to express the concern of the City of Roanoke
with regard to continuing mandates imposed upon
localities without adequate funding by the Federal
Government, and that a copy of the communication be
forwarded to the Virginia Municipal League for its
information. The motion was seconded by Mr. Musser and
unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
LIBRARIES: The City Manager submitted a written
report advising that library fines were charged by the
City Library until 1986 when they were eliminated as part
of the uniform library card program with Roanoke County
and the City of Salem; that dollar value of City Library
materials overdue has tripled since fines were dropped;
44S
m
m
that library automation facilitates renewal of materials
in order that the public can call any library in the
three systems and renew materials by telephone; and the
computer will send overdue notices on a regular basis and
add fines automatically to a borrower's record.
It was further advised that administrators from the
City of Roanoke, Roanoke County and the City of Salem
have agreed to recommend the reinstitution of fines
during the development of the joint library automation
project; that staff from all three library systems are
recommending the same fines and fees schedule to their
respective governing bodies; and the Library Board
endorsed the proposed fines and fees at its meeting on
March 7, 1991.
The City Manager recommended that Council approve
the following proposed fines and fees schedule, effective
July 1, 1991:
PROPOSED OVERDUE FINES
Adults
S0.10/day for
everything except
videos
$1.00/day for videos
Children/Young Adults
$0.05/day for
children and young
adult materials except
videos
$0.10/day for other
materials
Homebound/Deposit
Collections
No Fines
Maximum Fines
$5.00 per item for
young adult and adult
materials and all
videos
$1.00 per item for
children's materials
and all paperbacks
446
ACTION:
PROPOSED FEES
Replacement Library Card
$1.00
Missing Bar Code Label
$0.25
Processing Fee for Lost
$5.00 (Total for lost
item charge = Item
retail cost or default
price plus processing
fee.)
Damaged/Missing Video Case $1.00
Damaged/Missing Audio-
cassette Box
$1.00
Damaged/Missing Audio-
cassette Album
Damaged/Missing Compact
Disc Case
$2.00 (2-pocket)
$3.00 (6-pocket)
$4.00 (10-pocket)
$1.00
Missing Blue Pouch
$0 50 (holds single
audio-cassette)
Bindery
6.00 (for books
damaged but usable if
rebound)
{~-or zuAx rex=, see repor= on iii~
Office.)
Mrs. Bowles offered the following Resolution:
(#30526-52091) A RESOLUTION establishing certain
fees and fines for overdue, damaged or lost library
materials; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 52,
page 355.)
Mrs. Bowles moved the adoption of Resolution No.
30526-52091. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ................. 7.
NAYS: None -0.
447
BUDGET-HUMAN RESOURCES-JUVENILE DETENTION HOME-
YOUTH: The City Manager submitted a written report
advising that the City of Roanoke receives funds from the
United States Department of Agriculture (USDA) through
the Virginia Department of Corrections to enhance the
food service program of the Crisis Intervention Center
(Sanctuary), Juvenile Probation House (Youth Haven),
Juvenile Detention Home and Roanoke Family Oriented Group
Homes; and USDA funds for the second quarter of fiscal
year 1991 and the third quarter of fiscal year 1991 have
been received by the City of Roanoke for said facilities,
as follows:
Crisis Intervention
Juvenile Probation
Home
Juvenile Detention
Home
Roanoke Family Oriented
Group Home
2,238.30
470.62
7,039.46
821.37
Total $10,569.75
It was further advised that USDA funds usage
regulations require that the funds be used for equipment
and repairs, food costs and labor costs for food service
workers.
The City Manager recommended that Council
appropriate USDA funds to the Crisis Intervention Center,
Juvenile Probation House, Juvenile Detention Home and
o~.m~ ~mil~ ~rt~n~o~ ~rn,,n Nnm~t and increase
corresponding revenue estimates, as follows:
Crisis Intervention Center - Revenue
Account No. 001-020-1234-0661 - USDA - Crisis
Intervention, in the amount of $2,238.30, to
Account No. 001-054-3360-3000;
Juvenile Probation House - Revenue
Account No. 001-020-1234-0662 - USDA - Youth
Haven, in the amount of $470.62, to Account
No. 001-054-3350-3000;
Juvenile Detention Home - Revenue
Account No. 001-020-1234-0660 - USDA -
Juvenile Detention, in the amount of
$7,039.46, to Account No. 001-054-3320-3000;
and
448
ACTION:
Roanoke Family Oriented Group Home - Revenue
Account No. 001-020-1234-0661 - USDA -
Roanoke FOGH, in the amount of $821.37, to
Account No. 001-054-3360-3160.
Total Revenue and Appropriations - $10,569.75
Mr. Harvey offered the following emergency budget
Ordinance:
(#30527-52091) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 356.)
Mr. Harvey moved the adoption of Ordinance No.
30527-52091. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ....... 7.
NAYS: None 0.
BUDGET-HUF=~NRESOURCES: The City Manager submitted
a written report advising that the Job Opportunity and
Basic Skills Training Program is funded by the Federal
Government and is mandated for certain recipients of Aid
to Dependent Children and Fooo ~amps; ~h~L ~h~ ~rima£¥
goal of the program is to assist clients in becoming
economically self-sufficient through education and Job
skills training; and the Department of Social Services
purchases certain services from the Fifth District
Employment and Training Consortium to provide work
experience and Adult Basic Education, as well as on-the-
job training, for certain individuals to assist in
obtaining and retaining employment.
It was further advised that the State Department of
Social Services has, since the adoption of the fiscal
year 1990-91 budget, allocated $70,000.00 in additional
funds for purchase of these employment services; and the
Department of Social Services is reimbursed at 100 per
cent of cost of funds allocated.
449
ACTION=
The City Manager recommended that Council authorize
the Director of Finance to appropriate revenue, in the
amount of $70,000.00, for employment services for
certainindividuals; increase revenue estimates of funds
received from the State Department of Social Services in
Account No. 001-020-1234-0681, and increase Expenditure
Account No. 001-054-5316-3160 by $70,000.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30528-52091) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 357.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30528-52091. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .......... 7.
NAYS: None-- 0.
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING
CONSORTIUM: The Cl=y Manager submi~u~d ~ w£1tt=, ~=mo~
advising that the Fifth District Employment and Training
Consortium administers the Summer Youth Program for
economically disadvantaged youth in the Fifth Planning
District; that the program operates from May 15 to
September 30 of each year; and the Fifth District
Employment and Training Consortium has been authorized to
operate part of the Job Opportunities and Basic Skills
program funded by the Department of Social Services
during fiscal year 1991.
It was further advised that the Governor's
Employment and Training Department has sent to the
Consortium, Notice of Award No. 91-03-06, in the amount
of $394,819.00 for the Summer Youth Program; and the
Department of Social Services and the Fifth District
Employment and Training Consortium have modified their
financial contract for the period of October 1, 1990,
through June 30, 1991, to reflect a decrease in funding
in the amount of $1,968.00.
450
ACTION:
The City Manager recommended that Council authorize
appropriation of additional funds to the Fifth District
Employment and Training Consortium, in the amount of
$394,819.00; increase the revenue estimate by $394,819.00
in accounts to be established by the Director of Finance;
and decrease existing expenditure and revenue accounts by
$1,968.00.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
Ordinance:
(#30529-52091) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 357.)
Mr. Musser moved the adoption of Ordinance No.
30529-52091. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ....... 7.
NAYS: None 0.
GRANTS-HUMANRESOURCES: The City Manager submitted
a written report advising that the City Manager's Task
Force on Homelessness studied the homeless and kOW-incom~
housing situation in the City of Roanoke and presented
its findings and recommendations in a comprehensive
report entitled, No Place To Call Home, in April 1987;
that the City Manager appointed a Follow-UpTask Force to
evaluate how well the report's recommendations were
implemented and to recommend new activities based on
future findings; that the Task Force continues to meet on
a regular basis; and Council accepted Emergency Shelter
Grants Program entitlement funds, totalling $93,000.00,
in 1987, 1988, 1989, and 1990, which were allocated under
the Stuart B. McKinney Homeless Assistance Act from the
United States Department of Housing and Urban Development
to provide services to the homeless, by the following
agencies; viz: Total Action Against Poverty, Roanoke
Area Ministries and TRUST.
451
It was further advised that Council accepted 1991
Emergency Shelter Grants Program entitlement funds, in
the amount of $41,000.00, through the Stuart B. McKinney
Homeless Assistance Act on March 25, 1991, pursuant to
Resolution No. 30447-32591; that the City invited
applications or proposals from local agencies to assure
that all interested organizations had an opportunity to
submit funding requests, with a deadline to submit
applications on April 15, 1991; and the City Manager
requested the City Manager's Follow-Up Task Force on
Homelessness to carefully review the proposals submitted
within the designated time frame and to recommend an
allocation of funds to benefit the citizens of the City
of Roanoke.
It was explained that Roanoke Area Ministries,
Roanoke Valley Trouble Center, Inc. (TRUST), and Total
Action Against Poverty submitted proposals for funding
through the 1991 Emergency Shelter Resource Fund; and
requests, in the total amount of $45,701.00, from the
three agencies are as follows:
Roanoke Area Ministries:
TRUST:
Total Action Against
Poverty
$12,000.00
$12,301.00
$21,400.00
The City Manager pointed out that the Task Force
carefully studied each proposal using application
requirements, federal guidelines, and pre-determined
criteria to recommend the allocation of funds and found
that all agencies were eligible for funding; and the City
Manager Follow Up
recommended allocation of $12,000.00 to Roanoke Area
Ministries, $11,000.00 to TRUST, and $18,000.00 to Total
Action Against Poverty (Transitional Living Center) for
payment of maintenance, operations, insurance, utilities
and furnishings.
The City Manager recommended that Council concur in
the recommendation of the City Manager's Follow-Up Task
Force on Homelessness for allocation of Emergency Shelter
Resource Funds, and that he be authorized to execute
subgrantee agreements with Roanoke Area Ministries,
Roanoke Valley Trouble Center, Inc. (TRUST), and Total
Action Against Poverty.
(For full text, see report on file in the City Clerk's
Office.)
452
ACTION. ·
Mrs. Bowles offered the following Resolution:
(#30530-52091) A RESOLUTION concurring in the
recommendation of the City Manager's Follow-Up Task Force
on Homeless as to the allocation of Emergency Shelter
Resource Funds, and authorizing execution of the subgrant
agreements with Roanoke Area Ministries, Total Action
Against Poverty and TRUST to administer the funds.
(For full text of Resolution, see Resolution Book No. 52,
page 358.)
Mrs. Bowles moved the adoption of Resolution No.
30530-52091. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser and Mayor Taylor-- 6.
NAYS: None
(Council Member White abstained from voting.)
GRANTS-CITY ~RKET: The City Manager submitted a
written report advising that Council approved a short-
term, low-interest Community Development Block Grant
loan, in the amount of $962,000.00, to Downtown
Associates, pursuant to Ordinance No. 28850, adopted on
November 2, 1987, for the Market Building; that the loan
was intended to promote the creation and retention of
jobs in the City Market Building; that when ~r~gina~ly
granueu, =ne xoan assureu =ne re=enuxon oz ~x 3o~; u,,au
87 are Jobs are provided within the Market Building, with
21 - 23 more anticipated; and the City has received three
per cent interest per year for three years, totalling
$99,234.00.
It was further advised that Council extended the
original two-year loan by one additional year, pursuant
to Ordinance No. 29824, adopted on November 13, 1989;
that Downtown Associates requested an additional one year
extension of the loan; that in order to evaluate the
request, City staff asked for more detailed information
on operation of the Market Building; that Council
extended the loan by 60 days, pursuant to Ordnance No.
30311-111990, adopted on November 19, 1990, with a due
453
ACTION:
date of January 21, 1991; that Council extended the loan
by an additional 60 days, pursuant to Ordinance No.
30357-10791, adopted on January 7, 1991, with a due date
of March 21, 1991; and Council again extended the loan by
60 days, pursuant to Ordinance No. 30437-31891, adopted
on March 18, 1991, with a due date of May 20, 1991.
It was explained that Downtown Associates has
provided City staff with information which was requested
and has received suggestions from a consultant to
increase leased space in the Market Building; that
Downtown Associates has agreed to allocate monies saved
as a result of the low interest float loan extension to
physically improve the Market Building, which will
include carpet cleaning, new second story storm windows
for added light, painting, removal of the second story
menu boards, and repair of the exterior building
overhang; and City staff has determined that approval of
a one year extension of the float loan to Downtown
Associates is the best use of the money.
The City Manager recommended that he be authorized
to execute an amendment to the agreement between the City
of Roanoke, Downtown Associates, and Dominion Bank N.A.,
extending to Downtown Associates a loan, in the amount of
$962,000.00 at three per cent interest per year for one
year beyond the current due date of May 20, 1991, secured
by a note and an unconditional and irrevocable letter of
credit issued by Dominion Bank, with the closing of the
loan extension to occur no later than 5:00 p.m., on
May 20, 1992.
(For full text, see report on ~ile in the uiuy Ci=~k'~
Office.)
Mr. White offered the following emergency
Ordinance:
(#30531-52091) AN ORDINANCE authorizing the
execution of Amendment No. 5 to Short Term CDBG Float
Loan Agreement, as amended by Amendment Nos. 1, 2, 3, and
4, with Downtown Associates and Dominion Bank, in order
to provide for the extension of the term of the loan,
upon certain terms and conditions, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 359.)
Mr. White moved the adoption of Ordinance No.
30531-52091. The motion was seconded by Mr. Harvey and
adopted by the following vote:
454
AYES: Council Members Bowers, Bowles, Harvey,
Musser and White ............................... 5.
NAYS: None 0.
(Mayor Taylor abstained from voting inasmuch as he serves
on the Board of Directors of Dominion Bank.)
(Council Member Fitzpatrick abstained from voting
inasmuch as he is an employee of Dominion Bank.)
BUDGET-HOUSING-GRANTS: The City Manager submitted
a written report advising that the Deanwood Redevelopment
Project is a Community Development Block Grant funded
project near the intersection of Williamson Road and
Orange Avenue; that the Deanwood Expansion Project has
been implemented by the Roanoke Redevelopment and Housing
Authority with approval of City Council since fiscal year
1986; that a construction contract for site grading and
preparation for Deanwood Expansion Project CD-2E was
executed between Allegheny Construction Company and the
Roanoke Redevelopment and Housing Authority on March 21,
1990, in the amount of $257,050.00; and Change Order No.
1, in the amount of $41,250.00, was also executed on
March 21, 1990, and included in the contract amount; and
the reason change order was due to a delay in asbestos
removal and subsequent demolition of existing structures,
thus affecting the original construction schedule of the
successful bidder.
It was further advised that the Housing Authority
has approved Change Order No. 2. ~, ~h~ ~m~,,,~ ~f
$~0,000.00, as an equitable adjustment to the contract to
compensate the contractor for differing site conditions
(higher quantity of rock); that remaining unencumbered
balance in the Deanwood CD-2E Account is $11,410.84; that
there are several small accounts payable which are
outstanding, leaving a shortfall of approximately
$30,000.00 to satisfy final billing for the project; that
the Housing Authority has no independent source of funds
to cover change orders other than Community Development
Block Grant funds as provided by the City; that the
Community Development Block Grant funded Shaffer's
Crossing Project CD-27 has a remaining balance of
$114,721.28; and a transfer, in the amount of $30,000.00,
from said project to the Deanwood CD-2E Project would
eliminate the current shortfall without seriously
effecting progress which is being made on the Shaffer's
Crossing Project.
455
ACTION:
The City Manager recommended that Council authorize
the Director of Finance to transfer funds from the
Shaffer's Crossing Community Development Block Grant,
Account No. 0035-088-8830-5145, in the amount of
$30,000.00, to the Deanwood Community Development Block
Grant, Account No. 035-088-8830-5131, to provide an
equitable adjustment to the contract between Allegheny
Construction Company and the Roanoke Redevelopment and
Housing Authority for differing site conditions.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency budget
Ordinance:
(#30532-52091) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 360.)
Mr. Bowers moved the adoption of Ordinance No.
30532-52091. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ................. 7.
NAYS: None 0.
CITY CODE-POLICE DEPARTMENT-NUISANCES: The City
Manager submitted a written report advising that
unnecessary, excessive, and annoying noise has long been
a source of citizen complaints to Police Officers, the
City Manager, the City Attorney, Citizens' Request for
Service, and other City offices; that the Police
Department receives many complaints, especially when the
weather is warm, involving loud parties, with loud music
coming from vehicles; and loud stereos; that many of the
complaints can be handled with a simple warning by the
officer responding, and often, however, persons involved
will continue their previous conduct as soon as police
officers leave.
It was further advised that citizens' groups and
neighborhood organizations have voiced frustration with
the City's inability to effectively address the unwanted
noise issue; that Council was advised of a proposed noise
ordinance and the process being used to develop the
458
ACTION:
ordinance by communication from the City Manager under
date of April 18, 1991; that the proposed noise ordinance
has been circulated to over 80 neighborhood leaders
representing all segments of the City, including high
school principals; that no objections to the ordinance
were communicated and strong support was frequently
expressed; that State statutes and existing City
ordinances do not provide an effective means of dealing
with new sound technology; and State and local
legislation is needed to address the issues, particularly
modern vehicle sound systems.
The City Manager recommended that Council enact the
proposed noise control ordinance as an emergency measure
in order to permit timely enforcement since the summer
months are rapidly approaching.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency
Ordinance:
(%30533-52091) AN ORDINANCE amending the Code of
the City of Roanoke (1979), as amended, by enacting new
Article VII, Noise Control, of Chapter 21, Offenses -
Miscellaneous; such new Article declaring the policy of
City Council with respect to noise, providing
definitions, establishing a Class 2 misdemeanor for
"noise disturbances" and enumerating exceptions;
repealing S21-41, Unlawful use of sound equipment - on or
amended; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 360.)
Mr. Harvey moved the adoption of Ordinance No.
30533-52091. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ..... 7.
NAYS: None 0.
Mr. Melvin E. Huff, 4402 Delray Street, N. W.,
appeared before Council in support of the Ordinance.
457
ACTION:
REPORTS OF COMMITTEES:
SCHOOLS-CITY PROPERTY-SWIMMING POOLS: Council
Member William White, Sr., Chairman of a bid committee
appointed by the Mayor to study the one bid received for
lease of a parcel of land located adjacent to James
Madison Middle School for construction and operation of
an indoor swimming pool facility, presented a written
report on behalf of the committee, recommending that
Council authorize the appropriate City officials to enter
into a ten year, with provision for two additional
renewal periods of five years, land lease agreement with
Roanoke Valley Swimming, Inc., to operate and construct
a 25 yard, eight lane indoor swimming pool on 1.366 acre
of City property, for an annual fee of $1.00.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White moved that the following Ordinance be
placed upon its first reading:
(#30534) AN ORDINANCE authorizing the ground lease
of certain property located within the City for
construction and operation of an indoor swimming facility
and authorizing the appropriate City officials to execute
a lease agreement therefor.
(For full text of Ordinance, see Ordinance Book No. 52.
page 373.)
The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ...... 7.
NAYS: None 0.
ARMORY/STADIUM: Council Member William White, Sr.,
Chairman of a bid committee appointed by the Mayor to
tabulate bids received for renovation of the air
conditioning system at the National Guard Armory, 32
Reserve Avenue, S. W., presented a written report on
behalf of the committee, recommending that Council
authorize the City Manager to enter into a contractual
agreement, subject tO approval by the City Attorney, with
G. J. Hopkins, Inc., in accordance with contract
458
documents as prepared by the City Engineer's Office, in
the amount of $31,970.00 and 45 consecutive calendar days
for completion of the work; and reject all other bids
received by the City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency
Ordinance:
(#30535-52091) AN ORDINANCE accepting the bid of
G. J. Hopkins, Inc., for air-conditioning renovations at
the National Guard Armory, upon certain terms and
conditions, and awarding a contract therefore;
authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 363.)
ACTION:
Mr. White moved the adoption of Ordinance No.
30535-52091. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
NAYS: None 0.
DOWNTOWN TOWER PROJECT-DOWNTOWN ROANOKE: Council
Member William White, Sr., Chairman of a bid committee
appointed by the Mayor to tabulate bids received for
construction of Downtown North Streetscape improvements,
presented a written report on behalf of the committee,
recommending that Council award a negotiated contract to
Acorn Construction, Ltd., in the total amount of
$782,393.50; establish a contingency in the amount of
$57,044.50, for a total amount not to exceed $839,438.00;
authorize the transfer of $790,454.00 from certain
accounts to be established by the Director of Finance in
the Capital Projects Fund; establish an accounts
receivable from Faison and appropriate $48,984.00 to said
account, for a total appropriation of $839,438.00; and
reject all other bids received by the City.
459
ACTION:
ACTION:
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30536-52091) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 364.)
Mr. White moved the adoption of Ordinance No.
30536-52091. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ........... 7.
NAYS: None 0.
Mr. White offered the following emergency
Ordinance:
(#30537-52091) AN ORDINANCE accepting the bid of
Acorn Construction,-Ltd., for construction of Downtown
North Streetscape improvements, upon certain terms and
-~+~"~. ~d ~':~ard~ ~ ~n~act therefor; authorizin~
the proper City offi~ials to execute the requisite
contract for such work; rejecting all other bids made to
the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 365.)
Mr. White moved the adoption of Ordinance No.
30537-52091. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor--- 7.
NAYS: None 0.
UNFINISHED BUSINESS: NONE:
46O
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 30506-52091 rezoning a tract
of land located at 1026 Gilmer Avenue, N. W., containing
.12 acre, more or less, described as Lot 2, Block 49, Map
of Rogers, Fairfax and Houston Addition, Official Tax No.
2111302, from CN, Neighborhood Commercial District, to
RM-2, Residential Multi-Family, Medium Density District,
subject to certain conditions proffered by the
petitioner, having previously been before the Council for
its first reading on Monday, May 13, 1991, read and
adopted on its first reading and laid over, was again
before the body, Mr. Musser offering the following for
its second reading and final adoption:
(30506-52091) AN ORDINANCE to amend §36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
211, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the petitioner.
(For full of Ordinance, see Ordinance Book No. 52, page
350.)
Mr. Musser moved the adoption of Ordinance No.
30506-52091. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ................. 7.
NAYS: None O.
ZONING: Ordinance No. 30507-52091 rezoning a tract
of land containing approximately 3.3 acres, located
adjacent to Duke of Glouchester Street and/or Roberts
Road, S. W., described as Official Tax No. 5500110, from
RM-2, Residential Multi-Family, Medium Density District,
to C-l, Office District, subject to certain conditions
proffered by the petitioners, having previously been
before the Council for its first reading on Monday,
May 13, 1991, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final
adoption:
I
ACTION
ACTION:
(#30507-52091) AN ORDINANCE to amend S36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
550, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 52,
page 350.)
Mrs. Bowles moved the adoption of Ordinance No.
30507-52091. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ................. 7.
NAYS: None 0.
SPECIAL PERMITS: Ordinance No. 30509-52091
granting to the Junior League of Roanoke Valley,
Virginia, Incorporated, a revocable permit to mount
certain flags on street lighting poles in the Central
Business District of the City, upon certain terms and
conditions, such permit to expire at midnigi~t on June 24,
1991, having previously been before the Council for its
first reading on Monday, May 13, 1991, read and adopted
on its first reading and laid over, was again before the
body, Mr. White offering the following for its second
reading and final adoption:
(#30509-52091) AN ORDINANCE granting to the Junior
revocable permit to mount certain flags on street
lighting poles in the Central Business District of the
City, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52,
page 351.)
Mr. White moved the adoption of Ordinance No.
30509-52091. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ........ 7.
NAYS: None 0.
I
ACTION:
ACTION:
SPORTS COMPLEX: Ordinance No. 30513-52091
accepting the bid of Tribbett's Portable Foods for
certain concession privileges at the River's Edge Sports
Complex, including Victory Stadium, Maher Field and South
Roanoke Park, for a fee of $103.00 per month or 33.3
percent of gross receipts per month, whichever is
greater, having previously been before the Council for
its first reading on Monday, May 13, 1991, read and
adopted on its first reading and laid over, was again
before the body, Mr. Fitzpatrick offering the following
for its second reading and final adoption:
(#30513-52091) AN ORDINANCE accepting a bid for
certain concession privileges to be exercised on City
owned property upon certain terms and conditions; and
authorizing execution of the requisite concession
agreement.
(For full text of Ordinance, see Ordinance Book No. 52,
page 352.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30513-52091. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ........ 7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL:
COUNCIL: Inasmuch as both the Mayor and the Vice-
Mayor would not be in attendance at the May 28, 1991,
June 3, 1991, or June 10, 1991, regular meetings of City
Council, the Mayor advised that it was the consensus of
Council that Member David A. Bowers would preside over
the May 28 meeting; that Council Member William White,
Sr. would preside over the June 3 meeting; and Council
Member Elizabeth T. Bowles would preside over the June 10
meeting.
Mr. Harvey moved that Council concur in the Mayor's
statement. The motion was seconded by Mr. Fitzpatrick
and unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
461
ACTION:
ACTION:
offered the following emergency ordinance:
(#30507-52091) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 550, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to
certain conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 52,
page 350.)
Mrs. Bowles moved the adoption of Ordinance No.
30507-52091. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ................ 7.
NAYS: None 0.
SPECIAL PERMITS: Ordinance No. 30509-52091 granting
to the Junior League of Roanoke Valley, Virginia,
Incorporated, a revocable permit to mount certain flags
on street lighting poles in the Central Business District
of the City, upon certain terms and conditions, such
permit to expire at midnight on June 24, 1991, having
previously been before the Council for its first reading
on Monday, May 13, 1991, read and adopted on its first
reading and laid over, was again before the body, Mr.
White offering the following for its second reading and
final adoption:
(#30509-52091) AN ORDINANCE granting to the Junior
League of Roanoke Valley, Virginia, Incorporated, a
revocable permit to mount certain flags on street
lighting poles in the Central Business District of the
City, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52,
page 351.)
Mr. White moved the adoption of Ordinance No. 30509-
52091. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .... 7.
NAYS: None 0.
462
ACTION:
ACTION:
SPORTS COMPLEX: Ordinance No. 30513-52091 accepting
the bid of Tribbett's Portable Foods for certain
concession privileges at the River's Edge Sports Complex,
including Victory Stadium, Maher Field and South Roanoke
Park for a fee of $103.00 per month or 33.3 per cent of
gross receipts per month, whichever is greater, having
previously been before the Council for its first reading
on Monday, May 13, 1991, read and adopted on its first
reading and laid over, was again before the body, Mr.
Fitzpatrick offering the following for its second reading
and final adoption:
(#30513-52091) AN ORDINANCE accepting a bid for
certain concession privileges to be exercised on City
owned property, upon certain terms and conditions; and
authorizing execution of the requisite concession
agreement.
(For full text of Ordinance, see Ordinance Book No. 52,
page 352.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30513-52091. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ................ 7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL:
COUNCIL: Inasmuch as both the Mayor and the Vice-
Mayor would not be in attendance at the May 28, 1991,
June 3, 1991, or June 10, 1991, regular meetings of City
Council, the Mayor advised ~hat it was the consensus of
Council that Council Member David A. Bowers would preside
over the May 28 meeting; that Council Member William
White, Sr., would preside over the June 3 meeting; and
Council Member Elizabeth T. Bowles would preside over the
June 10 meeting.
Mr. Harvey moved that Council concur in the Mayor's
statement. The motion was seconded by Mr. Fitzpatrick
and unanimously adopted.
OTHER HEARINGS OF CITIZENS: None.
463
CITY JAIL: A communication from the Honorable W.
Alvin Hudson, Sheriff, with regard to overcrowding of the
City Jail, was before Council.
The Sheriff advised that when two of the three
shelled pods in the Jail was completed a few years ago,
the facility was certified to house 216 inmates, however,
at times the facility presently houses as many as 400
inmates. He pointed out that a number of these inmates
sleep on the floor because there is no other place to put
them, and in addition, there is no place to house
juveniles once they are adjudicated to the Circuit Court.
Sheriff Hudson further advised that the Department
of Corrections has constructed new facilities and has
taken more state prisoners out of the City jail than ever
before, but the number of persons being incarcerated has
increased even more, with approximately 14,000 prisoners
being committed to Jail annually. He pointed out that
although the courts have created numerous community
diversion programs, the inmate population continues to
grow, and, in addition, inmates who receive sentences of
six years or less must now serve their sentences in the
City Jail, pursuant to provisions of the Code of
Virginia. For the above reasons and others, Sheriff
Hudson advised that overcrowding continues to worsen and
he has exhausted all options in dealing with the problem.
The Sheriff expressed the opinion that it is
inevitable that the City investigate the feasibility of
constructing a type of Jail annex in addition to
~¢~oh~n, th~ one shelled pod left in the jail, advising
that a J~il annex is needed to proviae aoequau~ ~=u -~---
to relieve overcrowding in the jail and could be used to
house non-violent, minimum security prisoners.
As to the immediate future, the Sheriff stated that
the one shelled pod remaining in the jail needs to be
completed at a cost of approximately $630,000.00 to
complete the pod and make needed changes to permit
certain areas to be used for jail storage.
(For full text, see communication on file in the City
Clerk's Office.)
ACTION: Mr. Bowers moved that the matter be referred to the
City Manager for study, report and recommendation to
Council. The motion was seconded by Mr. Musser and
unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
455
,!
ACTION:
The City Manager recommended that Council authorize
the Director of Finance to transfer funds from the
Shaffer's Crossing Community Development Block Grant,
Account No. 0035-088-8830-5145, in the amount of
$30,000.00, to the Deanwood Community Development Block
Grant, Account No. 035-088-8830-5131, to provide an
equitable adjustment to the contract between Allegheny
Construction Company and the Roanoke Redevelopment and
Housing Authority for differing site conditions.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency budget
Ordinance:
(#30532-52091) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 360.)
Mr. Bowers moved the adoption of Ordinance No.
30532-52091. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ........... 7.
NAYS: None 0.
CITY CODE-POLICE DEPARTMENT-NUISANCES: The City
Manager'submitted a written report advising that
unnecessary, excessive, and annoying noise has long been
a source of citizen complaints to Police Officers, the
City Manager, the City Attorney, Citizens' Request for
Service, and other City offices; that the Police
Department receives many complaints, especially when the
weather is warm, involving loud parties, with loud music
coming from vehicles; and loud stereos; that many of the
complaints can be handled with a simple warning by the
officer responding, and often, however, persons involved
will continue their previous conduct as soon as police
officers leave.
It was further advised that citizens' groups and
neighborhood organizations have voiced frustration with
the City's inability to effectively address the unwanted
noise issue; that Council was advised of a proposed noise
ordinance and the process being used to develop the
456
ACTION=
ordinance by communication from the City Manager under
date of April 18, 1991; that the proposed noise ordinance
has been circulated to over 80 neighborhood leaders
representing all segments of the City, including high
school principals; that no objections to the ordinance
were communicated and strong support was frequently
expressed; that State statutes and existing City
ordinances do not provide an effective means of dealing
with new sound technology; and State and local
legislation is needed to address the issues, particularly
modern vehicle sound systems.
The City Manager recommended that Council enact the
proposed noise control ordinance as an emergency measure
in order to permit timely enforcement since the summer
months are rapidly approaching.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency
Ordinance:
(%30533-52091) AN ORDINANCE amending the Code of
the City of Roanoke (1979), as amended, by enacting new
Article VII, Noise Control, of Chapter 21, Offenses -
Miscellaneous; such new Article declaring the policy of
City Council with respect to noise, providing
definitions, establishing a Class 2 misdemeanor for
"noise disturbances" and enumerating exceptions;
repealing ~21-41, Unlawful use of sound equipment - on or
in vehicles. Cod~ ~f th~ ~.- ~ ~-----' ......
~mended; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 360.)
Mr. Harvey moved the adoption of Ordinance No.
30533-52091. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ............ 7.
NAYS: None ........ 0.
Mr. Melvin E. Huff, 4402 Delray Street, N. W.,
appeared before Council in support of the Ordinance.
457
ACTION:
REPORTS OF COMMITTEES:
SCHOOLS-CITY PROPERTY-SWIMMING POOLS: Council
Member William White, Sr., Chairman of a bid committee
appointed by the Mayor to study the one bid received for
lease of a parcel of land located adjacent to James
Madison Middle School for construction and operation of
an indoor swimming pool facility, presented a written
report on behalf of the committee, recommending that
Council authorize the appropriate City officials to enter
into a ten year, with provision for two additional
renewal periods of five years, land lease agreement with
Roanoke Valley Swimming, Inc., to operate and construct
a 25 yard, eight lane indoor swimming pool on 1.366 acre
of City property, for an annual fee of $1.00.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White moved that the following Ordinance be
placed upon its first reading:
(#30534) AN ORDINANCE authorizing the ground lease
of certain property located within the City for
construction and operation of an indoor swimming facility
and authorizing the appropriate City officials to execute
a lease agreement therefor.
(For full
page 373.)
The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .......... 7.
NAYS: None 0.
ARMORY/STADIUM: Council Member William White, Sr.,
Chairman of a bid committee appointed by the Mayor to
tabulate bids received for renovation of the air
conditioning system at the National Guard Armory, 32
Reserve Avenue, S. W., presented a written report on
behalf of the committee, recommending that Council
authorize the City Manager to enter into a contractual
agreement, subject to approval by the City Attorney, with
G. J. Hopkins, Inc., in accordance with contract
458
documents as prepared by the City Engineer's Office, in
the amount of $31,970.00 and 45 consecutive calendar days
for completion of the work; and reject all other bids
received by the City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency
Ordinance:
(#30535-52091) AN ORDINANCE accepting the bid of
G. J. Hopkins, Inc., for air-conditioning renovations at
the National Guard Armory, upon certain terms and
conditions, and awarding a contract therefore;
authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 363.)
ACTION:
Mr. White moved the adoption of Ordinance No.
30535-52091. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
~"~" ~ .... :~h:~ ~..u ~ayur Taylor-
NAYS: None ..... 0.
DOWNTOWN TOWER PROJECT-DOWNTOWN ROANOKE: Council
Member William White, Sr., Chairman of a bid committee
appointed by the Mayor to tabulate bids received for
construction of Downtown North Streetscape improvements,
presented a written report on behalf of the committee,
recommending that Council award a negotiated contract to
Acorn Construction, Ltd., in the total amount of
$782,393.50; establish a contingency in the amount of
$57,044.50, for a total amount not to exceed $839,438.00;
authorize the transfer of $790,454.00 from certain
accounts to be established by the Director of Finance in
the Capital Projects Fund; establish an accounts
receivable from Faison and appropriate $48,984.00 to said
account, for a total appropriation of $839,438.00; and
reject all other bids received by the City.
459
ACTION:
ACTION:
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30536-52091) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 364.)
Mr. White moved the adoption of Ordinance No.
30536-52091. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ......... 7.
NAYS: None'
Mr. White offered the following emergency
Ordinance:
(#30537-52091) AN ORDINANCE accepting the bid of
Acorn Construction, 'Ltd., for construction of Downtown
North Streetscape improvements, upon certain terms and
the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to
the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 365.)
Mr. White moved the adoption of Ordinance No.
30537-52091. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .......... 7.
NAYS: None-- 0.
UNFINISHED BUSINESS: NONE:
460
ACTION
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 30506-52091 rezoning a tract
of land located at 1026 Gilmer Avenue, N. W., containing
.12 acre, more or less, described as Lot 2, Block 49, Map
of Rogers, Fairfax and Houston Addition, Official Tax No.
2111302, from CN, Neighborhood Commercial District, to
RM-2, Residential Multi-Family, Medium Density District,
subject to certain conditions proffered by the
petitioner, having previously been before the Council for
its first reading on Monday, May 13, 1991, read and
adopted on its first reading and laid over, was again
before the body, Mr. Musser offering the following for
its second reading and final adoption:
(30506-52091) AN ORDINANCE to amend §36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
211, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the petitioner.
(For full of Ordinance, see Ordinance Book No. 52, page
350.)
Mr. Musser moved the adoption of Ordinance No.
30506-52091. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor- --7.
NAYS: None
O®
ZONING: Ordinance No. 30507-52091 rezoning a tract
of land containing approximately 3.3 acres, located
adjacent to Duke of Glouchester Street and/or Roberts
Road, S. W., described as Official Tax No. 5500110, from
RM-2, Residential Multi-Family, Medium Density District,
to C-l, Office District, subject to certain conditions
proffered by the petitioners, having previously been
before the Council for its first reading on Monday,
May 13, 1991, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final
adoption:
ACTION:
ACTION:
(#30507-52091) AN ORDINANCE to amend §36.1-3, Code
of the City of Roanoke (1979), as amended, and Sheet No.
550, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 52,
page 350.)
Mrs. Bowles moved the adoption of Ordinance No.
30507-52091. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ........... 7.
NAYS: None 0.
SPECIAL PERMITS: Ordinance No. 30509-52091
granting to the Junior League of Roanoke Valley,
Virginia, Incorporated, a revocable permit to mount
certain flags on street lighting poles in the Central
Business District of the City, upon certain terms and
conditions, such permit to expire at midnight on June 24,
1991, having previously been before the Council for its
first reading on Monday, May 13, 1991, read and adopted
on its first reading and laid over, was again before the
body, Mr. White offering the following for its second
reading and final adoption:
(#30509-52091) AN ORDINANCE granting to the Junior
revocable permit to mount certain' flags -on street
lighting poles in the Central Business District of the
City, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52,
page 351.)
Mr. White moved the adoption of Ordinance No.
30509-52091. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .......... 7.
NAYS: None 0.
462
ACTION:
ACTION:
SPORTS COMPLEX: Ordinance No. 30513-52091
accepting the bid of Tribbett's Portable Foods for
certain concession privileges at the River's Edge Sports
Complex, including Victory Stadium, Maher Field and South
Roanoke Park, for a fee of $103.00 per month or 33.3
percent of gross receipts per month, whichever is
greater, having previously been before the Council for
its first reading on Monday, May 13, 1991, read and
adopted on its first reading and laid over, was again
before the body, Mr. Fitzpatrick offering the following
for its second reading and final adoption:
(#30513-52091) AN ORDINANCE accepting a bid for
certain concession privileges to be exercised on City
owned property upon certain terms and conditions; and
authorizing execution of the requisite concession
agreement.
(For full text of Ordinance, see Ordinance Book No. 52,
page 352.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30513-52091. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor .................. 7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR ANDMEMBERS
OF CITY COUNCIL:
COUNCIL: Inasmuch as both the Mayor and the Vice-
Mayor would not be in attendance at the May 28, 1991,
June 3, 1991, or June 10, 1991, regular meetings of City
Council, the Mayor advised that it was the consensus of
Council that Member David A. Bowers would preside over
the May 28 meeting; that Council Member William White,
Sr. would preside over the June 3 meeting; and Council
Member Elizabeth T. Bowles would preside over the June 10
meeting.
Mr. Harvey moved that Council concur in the Mayor's
statement. The motion was seconded by Mr. Fitzpatrick
and unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
461
ACTION=
ACTION:
offered the following emergency ordinance:
(#30507-52091) AN ORDINANCE to amend Section 36.1-
3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 550, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to
certain conditions proffered by the petitioner.
(For full text of Ordinance, see Ordinance Book No. 52,
page 350.)
Mrs. Bowles moved the adoption of Ordinance No.
30507-52091. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ....... 7.
NAYS: None 0.
SPECIAL PERMITS: Ordinance No. 30509-52091 granting
to the Junior League of Roanoke Valley, Virginia,
Incorporated, a revocable permit to mount certain flags
on street lighting poles in the Central Business District
of the City, upon certain terms and conditions, such
permit to expire at midnight on June 24, 1991, having
previously been before the Council for its first reading
on Monday, May 13, 1991, read and adopted on its first
reading and laid over, was again before the body, Mr.
White offering the following for its second reading and
final adoption:
(#30509-52091) AN ORDINANCE granting to the Junior
League of Roanoke Valley, Virginia, Incorporated, a
revocable permit to mount certain flags on street
lighting poles in the Central Business District of the
City, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 52,
page 351.)
Mr. White moved the adoption of Ordinance No. 30509-
52091. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ................ 7.
NAYS: None' 0.
462
ACTION:
ACTION:
SPORTS COMPLEX: Ordinance No. 30513-52091 accepting
the bid of Tribbett's Portable Foods for certain
concession privileges at the River's Edge Sports Complex,
including Victory Stadium, Maher Field and South Roanoke
Park for a fee of $103.00 per month or 33.3 per cent of
gross receipts per month, whichever is greater, having
previously been before the Council for its first reading
on Monday, May 13, 1991, read and adopted on its first
reading and laid over, was again before the body, Mr.
Fitzpatrick offering the following for its second reading
and final adoption:
(#30513-52091) AN ORDINANCE accepting a bid for
certain concession privileges to be exercised on City
owned property, upon certain terms and conditions; and
authorizing execution of the requisite concession
agreement.
(For full text of Ordinance, see Ordinance Book No. 52,
page 352.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30513-52091. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
Harvey, Musser, White and Mayor Taylor ......... 7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL:
COUNCIL: Inasmuch as both the Mayor and the Vice-
Mayor would not be in attendance at the May 28, 1991,
June 3, 1991, or June 10, 1991, regular meetings of City
Council, the Mayor advised that it was the consensus of
Council that Council Member David A. Bowers would preside
over the May 28 meeting; that Council Member William
Whlte, Sr., would preside over the June 3 meeting; and
Council Member Elizabeth T. Bowles would preside over the
June 10 meeting.
Mr. Harvey moved that Council concur in the Mayor's
statement. The motion was seconded by Mr. Fitzpatrick
and unanimously adopted.
OTHER HEARINGS OF CITIZENS: None.
463
ACTION:
CITY JAIL: A communication from the Honorable W.
Alvin Hudson, Sheriff, with regard to overcrowding of the
City Jail, was before Council.
The Sheriff advised that when two of the three
shelled pods in the Jail was completed a few years ago,
the facility was certified to house 216 inmates, however,
at times the facility presently houses as many as 400
inmates. He pointed out that a number of these inmates
sleep on the floor because there is no other place to put
them, and in addition, there is no place to house
juveniles once they are adjudicated to the Circuit Court.
Sheriff Hudson further advised that the Department
of Corrections has constructed new facilities and has
taken more state prisoners out of the City jail than ever
before, but the number of persons being incarcerated has
increased even more, with approximately 14,000 prisoners
being committed to jail annually. He pointed out that
although the courts have created numerous community
diversion programs, the inmate population continues to
grow, and, in addition, inmates who receive sentences of
six years or less must now serve their sentences in the
City Jail, pursuant to provisions of the Code of
Virginia. For the above reasons and others, Sheriff
Hudson advised that overcrowding continues to worsen and
he has exhausted all options in dealing with the problem.
The Sheriff expressed the opinion that it is
inevitable that the City investigate the feasibility of
constructing a type of Jail annex in addition to
finishing the one shelled pod left in the jail.
that a Jail annex is needed to provide adequate bed space
to relieve overcrowding in the jail and could be used to
house non-violent, minimum security prisoners.
As to the immediate future, the Sheriff stated that
the one shelled pod remaining in the jail needs to be
completed at a cost of approximately $630,000.00 to
complete the pod and make needed changes to permit
certain areas to be used for jail storage.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Bowers moved that the matter be referred to the
City Manager for study, report and recommendation to
Council. The motion was seconded by Mr. Musser and
unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE,
464
There being no further business, the Mayor declared
the meeting adjourned at 4:10 p.m.
APPROVED
ATTE ST: ~/~~
City Clerk
465
ii
SPECIAL MEETING ROANOKE CITY COUNCIL
May 23, 1991
12:00 noon
The Council of the City of Roanoke met in special meeting
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Thursday,
May 23, 1991, at 12:00 noon, pursuant to Section 10, Meetings of
Council, of the Roanoke City Charter; and pursuant to communication
from the Mayor under date of May 16, 1991, with Mayor Noel C.
Taylor presiding.
COUNCIL MEMBERS PRESENT: David A. Bowers, Elizabeth T.
Bowles, James G. Harvey, II, Howard E. Musser and Mayor Noel C.
Taylor ......... 5.
ABSENT: Council Members Beverly T. Fitzpatrick, Jr., and
William White, Sr. 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger, Director
of Finance; and Mary F. Parker, City Clerk.
Taylor.
The meeting was opened with a prayer by Mayor Noel C.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Taylor.
"May 16, 1991
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Sl0 of the City Charter, I am calling a
special meeting of Roanoke City Council on Thursday,
May 23, 1991, at 12:00 noon, in the City Council Chamber,
fourth floor of the Municipal Building, 215 Church
Avenue, S. W., Roanoke, Virginia. The purpose of the
special meeting will be to convene in Executive Session
to discuss acquisition of real property for public
purposes, pursuant to Section 2.1-344 (A)(3), Code of
Virginia (1950), as amended; disposition of publicly held
property, pursuant to Section 2.1-344 (A)(3); and
discussion of specific legal matters requiring the
provision of legal advice by counsel being the terms and
conditions of contracts to be negotiated, pursuant to
466
Section 2.1-344 (A)(7); all of the foregoing relating to
development of The Hotel Roanoke and construction of a
publicly owned conference center adjacent thereto.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor, Mayor
City of Roanoke"
ACTION:
ACTION:
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Harvey moved that Council convene in Executive
Session to discuss acquisition of real property for
public purpose, pursuant to Section 2.1-344 (A)(3), Code
of Virginia (1950), as amended; disposition of publicly
held property, pursuant to Section 2.1-344 (A)(3); and
discussion of specific legal matters requiring the
provision of legal advice by counsel being the terms and
conditions of contracts to be negotiated, pursuant to
Section 2.1-344 (A)(7); all of the foregoing relating to
development of The Hotel Roanoke and construction of a
publicly owned conference center adjacent thereto. The
motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Harvey,
Musser and Mayor Taylor ................................ 5.
NAYS: None 0.
(Council Members Fitzpatrick and White were absent.)
At 12:15 p.m., the Mayor declared the meeting in
recess.
At 3:10 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of Council
Member White.
(Council Member Fitzpatrick arrived during the Executive
Session at 12:25 p.m.)
COUNCIL: Mr. Bowers moved with respect to the Executive
Session just concluded, that each Member of City Council
certify to the best of his or her knowledge that: (1)
only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
" 467
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Harvey,
Fitzpatrick, Musser and Mayor Taylor-- 6.
NAYS: None-- -0.
(Council Members White was absent.)
There being no further business, the Mayor declared
the special meeting adjourned at 3:15 p.m.
APPROVED
ATTEST: ~6L~
City Clerk
468
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
May 28, 1991
7:00 p.m.
The Council of the City of Roanoke met in regular meeting
in the Auditorium of the Stonewall Jackson Middle School, 1022 9th
Street, S. E., City of Roanoke, on Tuesday, May 28, 1991, at
7:00 p.m., with Chairman Pro Tem David A. Bowers presiding,
pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of
Procedure, Code of the City of Roanoke (1979), as amended, and
pursuant to Resolution No. 30223-82790, adopted by the Council on
Monday, August 27, 1990.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., William White, Sr., and Chairman Pro Tem David A.
Bowers --5.
ABSENT: Vice-Mayor Howard E. Musser and Mayor Noel C.
Taylor .......................................................... 2.
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City
Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger,
Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
Randy J. Garner, Pastor, Valley View Wesleyan Church.
The Pledge of Allegiance to the Flag of the United States
of America was led by Chairman Pro Tem David A. Bowers.
ROANOKE NEIGHBORHOOD PARTNERSHIP-COUNCIL: Ms.
Lenora A. Williams, 1218 6th Street, S. E., expressed
appreciation to Council for holding its neighborhood
meeting in the southeast section of the City. She called
attention to several accomplishments in the southeast
area which came about, in part, as a result of their
participation in the Roanoke Neighborhood Partnership,
such as painting houses, installation of curb and gutter,
planting of trees, repair of railroad crossings, and
renovation of the former No. 6 Firehouse on Jamison
Avenue which is used by youth as a community center. She
called attention to and expressed concern over vehicles
exceeding the speed limit on Floyd Avenue, S. E.
ACTION:
The Chairman Pro Tem advised that Ms. Williams'
remarks would be forwarded to the City Manager for
review, recommendation and report as necessary.
469
ACTION:
COUNCIL-ACTS OF ACKNOWLEDGEMENT: Mr. Fitzpatrick
offered the following Resolution recognizing and
commending the meritorious actions of Mr. Kenneth
Everette Michael, Sr., in connection with his assistance
to a young woman who was the victim of a violent assault
near his place of employment on March 23, 1991:
(#30538-52891) A RESOLUTION recognizing and
commending the meritorious actions of Mr. Kenneth
Everette Michael, Sr., in connection with his assistance
to a young woman who had been the victim of a violent
assault near his place of employment on March 23, 1991.
(For full text of Resolution, see Resolution Book No. 52,
page 373.)
Mr. Fitzpatrick moved the adoption of Resolution
No. 30538-52891. The motion was seconded by Mr. Harvey
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White and Chairman Pro Tem Bowers -5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
Ms. Betty Jo Anthony, Assistant Commonwealth's
Attorney, appeared before Council and advised that the
Commonwealth's Attorney and his staff wish to join with
Council in commending the unselfish and humanitarian
action of Mr. Michael in rendering aid and comfort to a
fellow citizen in a dire circumstance. She stated that
if it had not been for Mr. Michael prompt response, the
lady who was so viciously attacked would have almost
certainly died. She added that in a time when so much
has been said about apathy and about refusal of many
persons to become involved in the problems of others,
citizens of Roanoke can take solace in the example set by
Mr. Michael.
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: Mr. Harvey
requested that the following City employees be recognized
for going above and beyond the call of duty in connection
with activities relating to Memorial Day, Festival-in-
the-Park, and auto racing at Victory Stadium which drew
thousands of spectators to the Roanoke area.
470
Parks and Recreation:
Gary N. Fenton
Henry E. Culp
E. Laban Johnson
Owen M. Grogan, Jr.
Roger A. Thompson
Stephanie E. Holland
Police Department:
Lieutenant Paul B. Adams
Sergeant Patrick B. Shumate
Sergeant Alfred L. Brown
Other police officers who were involved
Emergency Services and Emergency Medical Services:
Wanda B. Reed
Harold D. Hoback
Building Maintenance:
Earnest C. Wilson, Jr.
George H. Lipscomb, Jr.
Roy D. Gunn
Alton K. Land
Ronald L. Payne
Robert W. Hartman
Rickey Lee Vaden
Earl A. Mitchell, III
Risk Management Department:
Lauren G. Eib
BID OPENINGS
PARKS AND PLAYGROUNDS-ARMORY/STADIUM-LIBRARIES:
Pursuant to notice of advertisement for bids for 1991
roof projects at the Parks and Recreation Gymnasium,
National Guard Armory, Williamson Road Library, Raleigh
Court Library, and Mill Mountain Caretaker's House, said
bids to be received by the City Clerk until 4:30 p.m., on
Tuesday, May 28, 1991, and to be held, opened and read
before the Council at 7:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Chairman Pro
Tem asked if anyone had any questions about the
advertisement for b%ds, and no representative present
raising any question, the Chairman Pro Tem instructed the
471
!I
City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following
bids:
BIDDER
PARKS AND NATIONAL
RECREATION GUARD
ARMORY ARMORY
I. N. McNeil RoofingS16,243.00
and Sheet Metal
8,478.00
Consolidated 15,620.00
Industrial Roofing, Inc.
8,470.00
Shen Valley
Roofing, Inc.
19,773.00
8,954.00
John T. Morgan 18,965.00'
Roofing and Sheet Metal
10,347.00'
*Alternate Bid-
Deduct
1,149.00
632.00
AAR of North
Carolina, Inc.
18,233.00
9,848.00
Melvin T. Morgan 20,434.00
Roofing and Sheet Metal
12,434.00
Karl H. Frye, Inc. 22,384.00
11,615.00
Dominion Roofin~
Corporation
Bidder
Williamson
Road
Library
Raleigh
Court
Library
I. N. McNeil $ 9,608.00
Roofing and Sheet Metal
$13,917.00
Consolidated 9,415.00
Industrial Roofing, Inc.
15,175.00
Shen Valley
Roofing, Inc.
10,290.00
12,995.00
472
John T. Morgan 10,347.00,
Roofing and Sheet Metal
*Alternate Bid-
Deduct
755.00
AAR of North
Carolina, Inc.
12,138.00
Melvin T. Morgan 12,934.00
Roofing and Sheet Metal
Karl H. Frye, Inc. 11,985.00
Dominion Roofing
Corporation
11,353.00
12,704.00,
788.00
18,875.00
14,903.00
14,094.00
14,404.00
Bidder
Mill Mountain
Caretaker's
House
I. N. McNeil $2,312.00
Roofing and Sheet Metal
Consolidated 1, 860.00
Industrial Roofing, Inc.
Shen Valley
Roofing, Inc.
1,397.00
John T. Morgan 1,622.00
Roofing and Sheet Metal
*Alternate Bid- N/A
Deduct
AAR of North
Carolina, Inc.
3,414.00
Melvin T. Morgan 1,644.00
Roofing and Sheet Metal
Karl H. Frye, Inc.
2,279.00
5,013.00
Dominion Roofing
Corporation
Combined
Bid Total
$48,031.00
49,529.00
51,809.00
52,207.00*
3,324.00
60,919.00
62,349.00
62,357.00
64,437.00
473
I
ACTION:
ACTION:
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Chairman Pro Tem for
tabulation, report and recommendation to Council. The
motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
The Chairman Pro Tem appointed Messrs. William
White, Sr., Chairman, William F. Clark and George C.
Snead, Jr., as members of the committee.
ACTION:
CONSENT AGENDA:
The Chairman Pro Tem advised that all matters
listed under the Consent Agenda were considered to be
routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered
separately. He called specific attention to two requests
for Executive Sessions to discuss a matter regarding
actual litigation, being a personal injury suit filed
against the City; and personnel matters with regard to
vacancies on various authorities, boards, committees and
commissions appointed by Council. He advised that a
communication with regard to an allocation of funds by
the City of Roanoke for the direct highway between
Virginia Tech and the Roanoke Valley would be withdrawn
from the Consent Agenda.
COUNCIL: A communication from Chairman Pro Tem
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committee8
appointed by Councll~ pursuant to Section 2.1-344 (A (1),
Code of Virginia (1950), as amended was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Chairman Pro Tem to convene in Executive
Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-
344 (A) (1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. White and adopted by the
following vote:
474
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White and Chairman Pro Tem Bowers -5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
TAXES: A communication from Council Member
David A. Bowers requesting consideration of a proposal to
allow a real estate property tax rebate for developers or
homeowners who build single family residences on inner
City vacant lots, was before Council.
Mr. Bowers advised that there are many vacant lots
still existing within the City limits; that many times,
developers construct multi-family dwellings, and he would
like to receive comments of the City Administration on a
proposal to allow some kind of real estate property tax
rebate for a period of five years for any developer or
homeowner who constructs a single family residence on an
inner City vacant lot.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the communication be
referred to the City Manager for study, report and
recommendation to Council within six months. The motion
was seconded by Mr. White and adopted by the following
vote:
White and Chairman pro Tem Bowers ....
§.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
COUNCIL: A report of the City Attorney requesting
an Executive Session to discuss a matter with regard to
actual litigation, being a personal injury suit filed
against the City, pursuant to Section 2.1-344 (A) (7),
Code of Virginia (1950), as amended, was before Council.
(For full text, see report on file in the City Clerk's
Office.)
' 475
Mr. Fitzpatrick moved that Council meet in
Executive Session to discuss a matter with regard to
actual litigation, being a personal injury suit filed
against the City, pursuant to Section 2.1-344 (A) (7),
Code of Virginia (1950), as amended. The motion was
seconded by Mr. White and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser and Chairman Pro Tem Bowers ........... 5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
,1
ACTION:
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BONDS-INDUSTRIES: A communication from Mr.
Harwell M. Darby, Jr., Attorney, representing the
Industrial Development Authority of the City of Roanoke,
requesting approval of a plan to assist Virginia Lutheran
Homes, Inc., t/a Brandon Oaks, and Roanoke Lutheran
Retirement Community, Inc., in the acquisition,
construction and equipping of a facility for the
residence and care of the elderly to be located at 3804
Brandon Avenue, S. W., by issuance of industrial
development revenue bonds, in an amount not to exceed
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30539-52891) A RESOLUTION approving the plan of
financing of the Industrial Development Authority of the
City of Roanoke, Virginia, for the benefit of Virginia
Lutheran Homes, Inc., and Roanoke Lutheran Retirement
Community, Inc., to the extent required by Section 147 of
the Internal Revenue Code of 1986, as amended.
(For full text of Resolution, see Resolution Book No. 52,
page 374.)
Mr. Fitzpatrick moved the adoption of Resolution
No. 30539-52891. The motion was seconded by Mr. Harvey
and adopted by the following vote:
476
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White and Chairman Pro Tem Bowers .... 5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CITY CLERK-MAYOR-CITY ATTORNEY-CITY ~fANAGER-
CITY ENGINEER-EQUIPMENT: The Assistant City Manager
submitted a written report on behalf of the City Manager
advising that the word processing equipment used by the
City Attorney, City Clerk, City Manager, Engineering
Department and the Mayor's Office was purchased over
seven years ago; that at the time, said equipment was
considered to be some of the best word processing
equipment available; however, information systems
technology has changed rapidly since the time of
purchase, and present word processing equipment is
considered to be somewhat limited in its capability
compared with newer and less-expensive personal computer
equipment.
The City Manager recommended that Council authorize
City Attorney, City Clerk, City Manager, Engineering
Department and the Mayor's Office with currently
available personal computer hardware and software; and
authorize the Director of Finance to transfer $51,142.00
from the Contingency Account No. 001-002-9410-2202 to the
following accounts:
City Attorney
City Clerk (includes the Mayor's
Office
City Manager
Engineering Department
$13,758.00
20,265.00
10,380.00
6,739.00
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
477
I
,I
ACTION:
(#30540-52891) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 375.)
Mrs. Bowles moved the adoption of Ordinance No.
30540-52891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White and Chairman Pro Tem Bowers .... 5.
NAYS: None .... 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
HOUSING: The Assistant City Manager submitted a
written report on behalf of the City Manager advising
that the Virginia Housing Partnership Fund was
established by the General Assembly to provide financing
for a variety of housing programs and activities
benefitting low-moderate income citizens, including the
Local Housing Rehabilitation Loan Program; and the City
of Roanoke received allocations from the Local Housing
Rehabilitation Loan Program in 1989, in the amount of
$825,000.00, which Program was the source of funds for
grants and loans by the State to property owners through
the Home Purchase Assistance Program, the Owner Occupied
Rehabilitation Program, the Rental Rehabilitation
Enhancement Program.
It was explained that the Virginia Department of
Housing and Community Development, which administers the
Virginia Housing Partnership Fund, has offered the City
an additional allocation in the amount of $400,000.00;
that funds allocated are intended to be available for use
at least through June 30, 1992, if not expended sooner;
that additional allocation would be used to continue
programs operated with the help of the original
$825,000.00 allocation; and approval by Council for the
Administration to accept the allocation of the Virginia
Housing Partnership Fund is necessary, in part because
the agreement calls for the City of Roanoke to hold the
State harmless.
The City Manager recommended that he be authorized
to execute the Administrative Agreement with the
Department of Housing and Community Development for the
478
ACTION=
Local Housing Rehabilitation Loan Program accepting said
allocation, in the amount of $400,000.00, for grants and
loans to certain property owners.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
(#30541-52891) A RESOLUTION approving execution of
an Administrative Agreement with the Virginia Department
of Housing and Community Development for the Local
Housing Rehabilitation Loan Program.
(For full text of Resolution, see Resolution Book No. 52,
page 376.)
Mr. White moved the adoption of Resolution No.
30541-52891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White and Chairman Pro Tem Bowers 5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
BUDGET-STATE HIGHWAYS-STREETS AND ALLEYS: The
Assistant City Manager submitted a written report on
behalf of the City Manager advising that City Council, at
approved Resolution No. 27729, requesting the Virginia
Department of Transportation (VDOT) to program a project
to widen Franklin Road from Third Street, S. W., to Elm
Avenue, S. W.; that said project, which is consistent
with the 1995 Roanoke Valley Transportation Plan, was
subsequently included for funding in the V DOT's Six-Year
Highway Improvement Program; that City Council, at its
meeting on Monday, May 22, 1989, approved the location
and major design features of the proposed project as
presented at the March 28, 1989 Public Hearing, pursuant
to Ordinance No. 29579; and the Commonwealth
Transportation Board approved the location and major
design features of the proposed project on July 20, 1989.
It was further advised that bids for project
construction were received by the Department of
Transportation on April 23, 1991; that the Commonwealth
Transportation Board awarded a contract to E. C. Pace
Company, Inc., on May 16, 1991, in the amount of
$1,686,834.25; that project plans do not include roadway
' 479
,!
improvements located on the southwest corner of the
Franklin Road/Elm Avenue intersection which is the
location of the C-Mart Convenience Store and Gas Station;
that proper removal and disposal of the contaminated soil
found at said property needs to be addressed prior to the
Department of Transportation's purchase of the property;
that the Department of Transportation has turned the
matter over to the State Water Control Board for
appropriate action, and if the contaminated soil issue is
resolved during project construction, the Department
plans to add the remaining road work to the construction
contract at additional project cost; and if the issue is
resolved after the roadway contract is completed, the
Department of Transportation will have the remaining
roadway completed through a separate construction
contract, however, in either case, the normal funding
ratio of 98 per cent Virginia Department of
Transportation cost and two per cent City cost is
expected to apply.
It was explained that the City must execute the
City-State Agreement before the Virginia Department of
Transportation will allow E. C. Pace Company, Inc., to
begin construction; that the City's share of the cost for
the project (preliminary engineering, right-of-way, and
construction) is estimated at $221,692.41; that the
agreement set forth the cost sharing ratios to be used on
the project for roadway items, water line replacement,
and sewer line replacement; that as of March 31, 1991,
the City has paid $105,527.89 toward the above total for
preliminary engineering and right-of-way cost, which
share of the remaining estimated cost; and an additional
$14,000.00 is needed for a new traffic signal controller
which will meet specialized City standards, the cost of
which is 100 per cent City responsibility..
The City Manager recommended that he be authorized
to execute the City-State Agreement on behalf of the
City, in a form subject to approval by the City Attorney;
and authorize the Director of Finance to transfer
$49,623.78 from Streets and Bridges Category of the 1988
Bond Series to Franklin Road Widening, Account No. 008-
052-9596-9003, and appropriate $79,247.14 from Sewage
Fund Retained Earnings and $1,293.60 from Water Fund
Account No. 002-056-2178-9026 to an account to De
established by the Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
480
ACTION:
Mr. White offered the following emergency budget
Ordinance:
(#30542) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Water, Sewage, and
Capital Funds Appropriations, and providing for an
emergency.
Mr. White moved the adoption of Ordinance No.
30542. The motion was seconded by Mr. Fitzpatrick and
lost by the following vote:
AYES: Council Members Bowles, Fitzpatrick, White
and Chairman Pro Tem Bowers 4.
NAYS: None .... 0.
(Mayor Taylor and Vice Mayor Musser were absent.)
(Council Member Harvey abstained from voting.)
Mrs. Bowles moved that the following Ordinance be
plac%d upon its first reading:
(#30542) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Water, Sewage, and
Capital Funds Appropriations.
(For full text of Ordinance, see Ordinance Book No. 52,
page 380.)
Th~ ,%~oLiv,, ,a= ==uu~d~a Dy mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, White
and Chairman Pro Tem Bowers 4.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
(Council Member Harvey abstained from voting.)
Mr. White offered the following
Ordinance:
emergency
ACTION:
ACTION:
(#30543) AN ORDINANCE approving an agreement
between the City and the Virginia Department of
Transportation for the improvement of a portion of
Franklin Road, S. W.; providing for the allocation of the
City's share of the project cost; and authorizing
execution of said agreement on behalf of the City.
Mr. White moved the adoption of Ordinance No.
30543. The motion was seconded by Mr. Fitzpatrick and
lost by the following vote:
AYES: Council Members Bowles, Fitzpatrick, White
and Chairman Pro Tem Bowers--- 4.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
(Council Member Harvey abstained from voting.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30543) AN ORDINANCE approving an agreement
between the City and the Virginia Department of
Transportation for the improvement of a portion of
Franklin Road, S. W.; providing for the allocation of the
City's share of the project cost; and authorizing
execution of said agreement on behalf of the City.
(For full text of Ordinance, see Ordinance Book No. 52,
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council'Members Bowles, Fitzpatrick, White
and Chairman Pro Tem Bowers 4.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
(Council Member Harvey abstained from voting.)
CITY JAIL: The Assistant City Manager submitted a
written report on behalf of the City Manager concurring
in a report of a bid committee with regard to
installation of surveillance monitors and cameras in the
Roanoke City Jail.
482
ACTION:
The bid committee recommended that Council accept
the lowest bid submitted by Capital Security System,
Inc., in the total amount of $47,321.00; and reject all
other bids received by the City.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Harvey offered the following Resolution:
(#30544-52891). A RESOLUTION accepting the bid of
Capital Security Systems, Inc., made to the City for
furnishing and installing a new surveillance system at
the City Jail; and rejecting all other bids made to the
City.
(For full text of Resolution, see Resolution Book No. 52,
page 376.)
Mr. Harvey moved the adoption of Resolution No.
30544-52891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White and Chairman Pro Tem Bowers-- 5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
REFUSE COLLECTION: The Assistant r~tu M~n~,~
submitted a written report on behalf of the Cl~y Manager
concurring in a report of a bid committee with regard to
collection service of bulk containers at City owned
facilities.
The bid committee recommended that Council award a
unit price contract to Cycle Systems, Inc., in a form
approved by the City Attorney, at a unit price of $8.59
per container emptied, for the period of July 1, 1991,
through June 30, 1992.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
483
ACTION:
ACTION:
(#30545-52891) A RESOLUTION accepting the bid of
Cycle Systems, Inc., and awarding a contract to provide
bulk container collection service for City owned
facilities, upon certain terms and conditions, and
rejecting all other bids made therefore.
(For full text of Resolution, see Resolution Book No. 52,
page 377.)
Mr. White moved the adoption of Resolution No.
30545-52891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White and Chairman Pro Tem Bowers-- 5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
DIRECTOR OF FINANCE:
BUDGET-FINANCIAL REPORTS: The Director of Finance
submitted the Financial Report of the City of Roanoke for
the month of April, 1991.
(For full text, see Financial Report on file in the City
Clerk's Office.)
The Director of Finance pointed out that pursuant
to an evaluation performed by his office of local taxes
~ .... ntly l~vl&d i.. L;,~ City, iL a~p=ur~ unuu nxs revenue
estimate will be within approximately one half of one per
cent, advising that the only factor that could possibly
change his projected estimate relates to the collection
of personal property taxes which are due as of May 31,
1991. He stated that the Prepared Food Tax and the Sales
Tax have continued to lag and will fall below the
estimate even more than was anticipated which indicates
a slowing or flattening of the economy in the Roanoke
Valley. With regard to interest on investments, with the
City's cash position falling off and with revenue coming
in slower and interest rates dropping well below last
year's level, he pointed out that his estimate will be
off by over 75 per cent. He stated that he could foresee
problems with the flattening of the economy in the
Roanoke Valley for at least the next 12 months.
Mr. White requested a briefing by the City Manager
on the expenditure side of the 1990-91 fiscal year budget
with the June Financial Report.
484
ACTION:
ACTION:
Mr. Harvey moved that the Financial Report be
received and filed. The motion was seconded by Mr. White
and adopted.
BUDGET: The Director of Finance submitted a
written report advising that the City of Roanoke's
Internal Service Fund accounts for certain service-
providing departments; that the service-providing
departments within the Internal Service Fund recover the
costs of providing those services by charging the
receiving departments; that budgeted funds for internal
services are allocated in each fiscal year's budget
throughout the various departments based on estimated
usage; that usage usually varies from original estimates;
that each fiscal year at this time, it is necessary to
make appropriation transfers between several of the
departments to provide sufficient funds for internal
services for the remainder of the fiscal year, which
transfers do not increase the original overall budget,
only reallocates amounts between departments; whereupon,
the Director of Finance recommended that Council adopt a
measure providing for the necessary transfers.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30546-52891) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
AW~ruprza=~ons, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 378.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30546-52891° The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White and Chairman Pro Tem Bowers .......... 5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
485
REPORTS OF COMMITTEES:
BUDGET-WATER DEPARTMENT: Council Member
Elizabeth T. Bowles, Chair of the Water Resources
Committee, present a written report on behalf of the
committee with regard to the purchase of water from the
Town of Vinton and/or the City of Salem.
A staff report explained that the City's high day
usage, which occurred on July 9, 1990, was 23,629,000
gallons of water; that available treatment capacity on
July 9, 1990, was 23,500,000 gallons including water
needed for in-plant use such as backwashing filters; that
Falling Creek Filter Plant was removed from service
during September, 1990, leaving an available treatment
capacity of 21,500,000 gallons per day; that Falling
Creek Filter Plant will not return to service until late
fall of 1991; and seasonal high water demand is expected
to occur in June, July, August and September, 1991.
It was advised that the City of Salem/City of
Roanoke emergency interconnect pump station can provide
a maximum of 2,000,000 gallons per day, depending on the
availability of water ill the Roanoke River and the demand
within the City of Salem; that Salem officials have
indicated the possible availability of up to 1,500,000
gallons per day at a cost of $831.00 per million gallons;
that Vinton has a supply capability of approximately five
million gallons per day vs. a maximum demand of
approximately two million gallons per day, leaving a
theoretical surplus of three million gallons per day;
Roanoke up to two million gallons per day at the same
rate that the City has charged Vinton for city water,
currently at $1,160.00 per million gallons; that
appropriation in the amount of $70,000.00 from the Water
Fund Retained Earnings to a new Water Fund Account,
Purchased Water, is needed in order to cover the cost of
purchasing water from Vinton or Salem during June 1991 as
required by water system demands; and unused funds would
revert to Retained Earnings in the Water Fund, and a
similar request for appropriation will likely be made
after the start of fiscal year 1991-92.
486
ACTION:
The Water Resources Committee recommended that
Council authorize appropriation of $70,000.00 from Water
Fund Retained Earnings to new Water Fund Account No. 002-
056-2170-2055, Purchased Water; and authorize the
purchase of water from the Town of Vlnton at a rate equal
to the rate the City of Roanoke would sell water to
Vinton, e.g. 150 per cent times City cost.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30547-52891) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 379.)
Mrs. Bowles moved the adoption of Ordinance No.
30547-52891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White and Chairman Pro Tem Bowers 5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
CITY CODE-TAXES: Ordinance No. 30523-52891
amending and reordaining S32-102.2, Defined; and
repealing S32-103, Council to review Drogram, of Chapter
32, Taxation, Code of the City of Roanoke (1979), as
amended, to amend the definition of the downtown service
district to expand such district and to repeal the
requirement that City Council review the downtown service
district program and decide on its continuance prior to
July 1, 1992; authorizing extension of the Downtown
Service District Service Agreement with Downtown Roanoke,
Inc., for a period of up to ten years; and authorizing
the proper City officials to execute an appropriate
amendment to the Agreement, having previously been before
the Council for its first reading on Monday, May 20,
487
II
ACTION:
1991, read and adopted on its first reading and laid
over, was again before the body, Mr. Harvey offering the
following for its second reading and final adoption:
(#30523-52891) AN ORDINANCE amending and
reordaining §32-102.2, Defined; and repealing §32-103,
Council to review program, of Chapter 32, Taxation, Code
of the City of Roanoke (1979), as amended, to amend the
definition of the downtown service district to expand
such district and to repeal the requirement that City
Council review the downtown service district program and
decide on its continuance prior to July 1, 1992;
authorizing extension of the Downtown Service District
Service Agreement with Downtown Roanoke, Inc., for a
period of up to ten years; altd authorizing the proper
City officials to execute an appropriate amendment to the
Agreement; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 52,
page 366.)
Mr. Harvey moved the adoption of Ordinance No.
30523-52891. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowles, Harvey, White and
Chairman Pro Tem Bowers 4.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
(Council Member Fitzpatrick abstained from voting.)
SCHOOLS-BONDS: Ordinance No. 30524-52891
authorizing issuance of not to exceed $2,000,000.00
General Obligation School Bonds, Series 1991, of the City
of Roanoke, Virginia, to be sold to the Virginia Public
School Authority and providing for the form and details
thereof, having previously been before the Council for
its first reading on Monday, May 20, 1991, read and
adopted on its first reading and laid over, was again
before the body, Mr. White offering the following for its
second reading and final adoption:
488
ACTION:
ACTION
(#30524-52891) AN ORDINANCE authorizing the
issuance of not to exceed $2,000,000 General Obligation
School Bonds, Series 1991, of the City of Roanoke,
Virginia, to be sold to the Virginia Public School
Authority and providing for the form and details thereof.
(For full text of Ordinance, see Ordinance Book No. 52,
page 367.)
Mr. White moved the adoption of Ordinance No.
30524-52891. The motion was seconded by Mrs. Bowles and
adopted by the folloWing vote:
AYES: Council l~embers Bowles, Fitzpatrick, Harvey,
White and Chairman Pro Tem Bowers ...... 5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
SWIMMING POOLS-CITY PROPERTY-SCHOOLS: Ordinance
No. 30534-52891 authorizing the ground lease to Roanoke
Valley Swimming, Inc., of a parcel of land containing
approximately 1.366 acre located adjacent to James
Madison Middle School and Fishburn Park Elementary School
for a term of ten years, with two options to renew for
five years each, subject to terms and conditions as set
forth in the agreement, with an annual rental payment of
$1.00, for constructing and thereafter operating an
indoor swimming facility, having previously been before
the Council for its first reading on Monday, May 20,
over, was again before the body, Mr. Fitzpatrick offering
the following for its second reading and final adoption:
(#30534-52891) AN ORDINANCE authorizing the ground
lease of certain property located within the City for
construction and operation of an indoor swimming facility
and authorizing the appropriate City officials to execute
a lease agreement therefor.
(For full text of Or~inance, see Ordinance Book No. 52,
page 373.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30534-52891. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
489
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White and Chairman Pro Tem Bowers --5.
NAYS: None .... 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE CHAIRMAN PRO TEM
AND MEMBERS OF CITY COUNCIL: NONE.
OTHER HEARINGS OF CITIZENS:
STADIUM-TAXES-ROANOKE NEIGHBORHOOD PARTNERSHIP:
With regard to auto racing at Victory Stadium, the first
race having been held on Monday, May 27, 1991, Ms.
Barbara S. Duerk, 2607 Rosalind Avenue, S. W., appeared
before Council and advised that Mr. Whitey Taylor, race
promoter, was responsible for causing the volume of the
public address system at Victory Stadium to be turned
down and she commended him for his efforts. She stated
that the persons who live in the vicinity of Victory
Stadium have legitimate concerns about the activities
that take place at the facility and she would like to
thank Council for listening to their concerns. She
expressed appreciation for the security in and around
Victory Stadium, and for the parking situation that was
addressed. She called attention to a smaller attendance
than was originally anticipated for the first race auto
.u~,,~ ~.~,,t which ~.Id u~ ...... £v~ th~ lu~k vf ~ui,.
problems that residents previously predicted. She
encouraged Council and the City Administration to
continue to monitor auto racing and any other activities
that take place at Victory Stadium which will affect the
quality of life for surrounding neighborhoods.
With regard to an item which appeared on the
Consent Agenda from Council Member David A. Bowers
requesting consideration of a proposal to allow a real
estate property tax rebate for developers or homeowners
who construct single family residences on inner city
vacant lots, which communication was referred to the City
Manager for study ~nd report to Council, Ms. Duerk
requested that Council direct the City Manager to take
the concerns of neighborhood organizations into
consideration. She advised that it is possible that a
vacant lot can be more appreciated than infill housing
490
ACTION~
which does not meet neighborhood standards; that low and
moderate housing does not have to be substandard, but
should be constructed to last and accommodate the needs
of all people. She stated that the City should be
responsible for reviewing a developer's plans for housing
so that citizens will be provided with adequate housing.
Mr. Donald (Whitey) Taylor, Route 641, Calloway,
Virginia, appeared before Council and advised that
several thousand fans were in attendance for the May 27,
1991, auto racing activity at Victory Stadium. He
pointed out that if future races produce 20,000
spectators, he will endeavor to be a good neighbor and
tako care of South Roanoke and the citizens who reside in
the area. Overall, he stated that the first race was a
success, that Victory Stadium sustained no damage, and
expressed appreciation to City staff for their assistance
and cooperation.
At 8:05 p.m., the Chairman Pro Tem declared the
meeting in recess.
At 8:30 p.m., the meeting reconvened in the
Auditorium of the Jackson Middle School, with Chairman
Pro Tem Bowers presiding, and all Members of the Council
in attendance, with the exception of Mayor Taylor and
Vice-Mayor Musser.
COUNCIL: With respect to the Executive Session
Just concluded, Mr. White moved that each Member of City
Council certify to the best of his or her knowledge that:
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
White and Chairman Pro Tem Bowers .... 5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
CELEBRATIONS (SPECIAL EVENTS): The Chairman Pro
Tem advised that there was ~ vacancy on the Special
Events Committee, created by the resignation of Ms.
Monica Loughridge, for a term ending June 30, 1991, and
called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Ms.
Sabrina T. Law.
491
Mr. Harvey placed in nomination the name of Ms.
Sabrina T. Law.
There being no further nominations, Ms. Law was
elected as a member of the Special Events Committee for
a term ending June 30, 1991, by the following vote:
ACTION:
FOR MS. LAW: Council Members Bowles, Fitzpatrick,
Harvey, White and Chairman Pro Tem Bowers-- 5.
(Mayor Taylor and Vice-Mayor Musser were absent.)
There being no further business, the Chairman Pro
Tem declared the meeting adjourned at 8:35 p.m.
APPROVED
ATTEST:
City Clerk
Chairman Pro Tem
492
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
June 3, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session in
the City Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, on Monday, June 3, 1991,
the regular meeting hour, with Chairman Pro Tem William White, Sr.,
presiding, pursuant to Rule 1, ReGular Meetings, of Section 2-1§,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members James G. Harvey, II, David A.
Bowers, Elizabeth T. Bowles and Chairman Pro Tem William White,
Sr. - ...... 4.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr., Vice-
Mayor Howard E. Musser and Mayor Noel C. Taylor ........... 3.
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City
Manager; Wilburn C. Dibltng, Jr., City Attorney; Jesse A. Hall,
Administrator of Accounting Services; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend
Richard L. McNutt, Pastor, Melrose Avenue United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Chairman Pro Tem White.
BID OPENINGS
JUVENILE DETENTION HOME: Pursuant to notice of
advertisement for bids for construction of the Crisis
Intervention Center to be located at Coyner Springs, said
bids to be received by the City Clerk until 1:30 p.m., on
Monday, June 3, 1991, and to be held, opened and read
before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Chairman Pro
Tem asked if anyone had any questions about the
advertisement for bids, and no representative present
raising any question, the Chairman Pro Tem ~nstructed the
City Clemk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following
bids:
493
,!
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
Williams Painting &
Remodeling, Inc.
R. L. Price Construction,
Inc.
Radford & Company Builders*
Gardner-Smith, Inc.
Lucas Construction Company
Graves Construction Company,
Inc.
*See alteration to bid form
$474,681-00
507,000.00
525,000.00
527,400.00
544,400.00
640,000.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Chairman Pro Tem for
tabulation, report and recommendation to Council. The
motion was seconded by Mr. Bowers and adopted.
The Chairman Pro Tem appointed Messrs. William
White, Sr., Chairman, William F. Clark and James D.
Ritchie as members of the committee.
,!
ACTION:
CONSENT AGENDA:
The Chairman Pro Tem advised that all matters listed
under the Consent Agenda were considered to be routine by
the Members of Council and would be enacted by one motion
in the form, or forms, listed on the Consent Agenda, and
if discussion was desired, that item would be removed
from the Consent Agenda and considered separately.
PENDING LIST: A list of items pending from July 10,
1978, through May 28, 1991, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mrs. Bowles moved that the pending list be received
and filed. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Harvey, Bowers, Bowles and
Chairman Pro Tem White 4.
NAYS: None 0.
(Mayor Taylor, Vice-Mayor Musser, and Council Member
Fitzpatrick were absent.)
494
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND CO~4UNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
WATER DEPARTMENT: The Director of Utilities and
Operations presented an oral briefing with regard to
water problems experienced when the Delray Pump Station
malfunctioned on Thursday and Friday, May 30 and 31,
1991, which created a considerable amount of sediment in
the water system in downtown Roanoke.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-BUSES: The Assistant City Manager submitted
a written report on behalf of the City Manager advising
that on August 27, 1990, Council authorized thc following
actions to enable the Greater Roanoke Transit Company to
make assurance of local matching funds for bus purchase
grant applications:
established an accounts receivable for the
sale of City owned property, formerly occupied
by vazzey Metro, rot ~zSO,0OO.OO to be
supplemented as needed from fiscal year 1990
net parking receipts estimated at $50,000.00;
increased the Greater Roanoke Transit Company
subsidy in the operating budget by
$250,000.00; and
increased anticipated revenue by $250,000.00.
It was further advised that final net parking
receipts from the two Greater Roanoke Transit Company
operated garages was $43,174.00; that cash outlay for the
bus purchase grant will not occur prior to June 30, 1991;
and the property in question has been shown several
times, however, no satisfactory offer as been received.
495
,!
,!
It was explained that there is contaminated soil on
the property caused by an underground storage tank leak;
that tanks have been removed under contract authorized by
Council and final clean up of the soil is being
considered; that funding obligations and accounts
receivable needs to be transferred from the General Fund
operating budget to the Capital Projects Fund; that
$43,174.00 of General Fund net parking receipts needs to
be transferred to the Capital Projects Fund; and budget
adjustments to properly transfer the project to the
Capital Projects Fund are as follows:
eliminate the accounts receivable balance in
General Fund Account No. 001-1046, in the
amount of $206,826.00 ($250,000.00 less
$43,174.00 which has been received);
reduce the Greater Roanoke Transit Company
subsidy in the General Fund Operating Budget,
Account No. 001-056-8150-3700, by $250,000.00;
reduce revenue estimate for sale of property
by $206,826.00 in General Fund Account No.
001-020-1234-0861;
appropriate $206,826.00 to an account to be
established by the Director of Finance in the
Capital Projects Fund entitled, Greater
Roanoke Transit Company Capital Subsidy, and
authorize the Director of Finance to establish
a new accounts receivable, in the amount of
~uo,uzO.uu; anQ
appropriate $43,174.00 in the General Fund
Account, Transfers to the Capital Projects
Fund, Account No. 001-004-9310-9508, to be
transferred to the Greater Roanoke Transit
Company Capital Subsidy Account in the Capital
Projects Fund, for a total appropriation of
$250,000.00 in said account.
The City Manager recommended that Council authorize
the Director of Finance to transfer certain Greater
Roanoke Transit Company Capital Project Subsidy funding
obligations from the General Fund operatin9 budget to tZ~e
Capital Projects Fund.
(For full text, see report on file in the City Clerk's
Office.)
496
ACTION:
Mr. Bowers moved that the following Ordinance be
placed upon its first reading:
(#30548) AN ORDINANCE to amend and reordain certain
sections of the 1990-91 General and Capital Funds
Appropriations.
(For full text of Ordinance, see Ordinance Book No. 52,
page 382.)
The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council Members Harvey, Bowers, Bowles and
Chairman Pro Tem White 4.
NAYS: None 0.
(Mayor Taylor, Vice-Mayor Musser, and Council Member
Fitzpatrick were absent.)
BUDGET-STREETS AND ALLEYS-STATE HIGHWAYS-HENRY
STREET REVITALIZATION: The Assistant City Manager
submitted a written report on behalf of the City Manager
advising that on April 13, 1987, Council requested the
Virginia Department of Transportation to program projects
for roadway widening and realignment to include the
following:
Wells Avenue, N. W. from Williamson Road to
First Street, N. W.; and
First Street/Gainsboro Road from Madison
Avenue, N. W., to Salem Avenue, S. W., and
intersection of Orange Avenue and Gainsboro
Road.
It was further advised that redevelopment of the
Henry Street area and improved access to downtown Roanoke
required that a more expeditious method be found to
proceed with improvements on First Street/Gainsboro Road
and Wells Avenue; that on July 27, 1987, Council
authorized agreements with the Department of
Transportation by which the City would assume
responsibility for administering all aspects of the First
Street/Gatnsboro Road and Wells Avenue projects; and the
preliminary engineering phase would be handled on the
normal 95 per cent - Virginia Department of
Transportation and five per cent - City cost-sharing
basis.
497
It was explained that on December 21, 1987, Council
awarded an engineering services reimbursement, with a
cost ceiling contract, to Mattern & Craig, Inc.,
Consulting Engineers, in an amount not to exceed
$1,002,342.24 and appropriated $50,117.00 for payment of
invoices from the Virginia Department of Transportation
for the City's five per cent share of the contract; and
scope of work to be performed by Mattern & Craig
consisted of preparation of complete surveys, right-of-
way and construction plans and plats, utilities, signs,
signals, pavement markings, lighting and landscaping
plans, structures, traffic data, environmental
assessment, geological borings and testing, construction
administration, and inspection of construction.
The City Manager advised that Downtown North
Development Plan results were released at a press
conference held on May 11, 1989, and included a
recommendation to construct a four-lane Second Street
bridge instead of a four-lane First Street bridge; and
the Second Street corridor provides a clearer and more
well-defined west circumferential route than First
Street, which study also suggested realigning Wells
Avenue such that it connects with Gilmer Avenue to
provide better overall accessibility, and existing Gilmer
Avenue would continue to the west to major north-south
crossings such as 5th Street and 10th Street, while Wells
Avenue currently ends west of First Street.
It was pointed out that on October 1, 1990, Council
approved the location and major design features of the
w~aenlng ano realignment of Second Street/Gainsboro Road
from Salem Avenue to Orange Avenue; that total costs
invoiced by Mattern & Craig for the project through
March 30, 1991, include $1,292,815.28 for Second
Street/Gainsboro Road and $66,387.31 for Wells Avenue,
which includes aerial photography, base mapping,
surveying, traffic data, collection and analysis, roadway
design and intersection plan design for Gainsboro Road at
Orange Avenue; and the City's five per cent share of the
costs was $67,960.13.
It was noted that Phase I, Cultural Resource Survey
Report, was completed by Mattern & Craig in accordance
with federal guidelines, which was the subject of
Amendment No. 5 for the project and approved by Council
on July 23, 1990; that when the project was initiated,
,!
498
ACTION:
federal guidelines did not have to be met with respect to
environmental reviews; however, subsequent to that time,
the State has started following federal guidelines on all
of its projects, including the project presently under
consideration.
It was explained that Phase II, Archaeological
Investigation and Report, in accordance with federal
guidelines is also required for the project; that
Phase II archaeological survey must be undertaken to
obtain and analyze sufficient background and field data
to make definitive statements concerning the cultural and
historical significance of all potential archaeological
locations previously identified in the Phase I
investigation and report, and eligibility for inclusion
in the National Register of Historic Places will be
determined; that Amendment No. 7 is needed to address the
federal guidelines for potential archaeological
locations; and engineering services require an
archaeological investigation and report.
The City Manager recommended that Council authorize
Amendment No. 7 to the engineering contract with
Mattern & Craig, Inc., Consulting Engineers, to prepare
Phase II, Archaeological Investigation and Report, for
widening and realignment of Second Street/Gainsboro Road
and Wells Avenue, to provide for an increase in the
amount of $53,711.08, for a total not to exceed
$1,693,316.52; and authorize the Director of Finance to
appropriate $56,396.63 to Account No. 008-052-9547-9007,
$2,685.55 of which is to be transferred from the Streets
anu nr~ages category or 1988 Bonds, and $53,711.08 to be
reimbursed by the Virginia Department of Transportation.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that the following Ordinance be
placed upon its first reading:
(#30549) AN ORDINANCE
certain sections of the
Appropriations.
to amend and reordain
1990-91 Capital Fund
(For full text of Ordinance, see Ordinance Book No. 52,
page 382.)
The motion was seconded by Mr. Harvey and adopted
by the following vote:
499
ACTION:
AYES: Council Members Harvey, Bowers, Bowles and
Chairman Pro Tem White 4.
NAYS: None 0.
(Mayor Taylor, VicelMayor Musser, and Council Member
Fitzpatrick were absent.)
Mr. Harvey offered the following Resolution:
(#30550-60391) A RESOLUTION authorizing an
Amendment to the City's engineering services contract
with Mattern & Craig, Inc., Consulting Engineers, to
provide for a Phase II Archaeological Investigation and
Report for widening and realignment of Second
Street/Gainsboro Road and Wells Avenue.
(For full text of Resolution, see Resolution Book No. 52,
page 380.)
Mr. Harvey moved the adoption of Resolution No.
30550-60391. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey, Bowers, Bowles and
Chairman Pro Tem White 4.
NAYS: None 0.
(Mayor Taylor, Vice-Mayor Musser, and Council Member
FitzPatrick were absent.)
BUDGET-WATER DEPARTMENT: The Assistant City Manager
submitted a written report on behalf of the City Manager
advising that Council, at its meeting on Monday, July 25,
1988, approved the firm of Hayes, Seay, Mattern &
Mattern, Inc., to provide design contract documents and
supervision for the new Falling Creek Filter Plant which
is to be completed on August 13, 1991; that the State Dam
Safety Department required an evaluation of all three
City owned dams which was completed and filed; that
Carvins Cove and Beaver Creek Dam were both acceptable,
however, Falling Creek Dam Spillway was found to be
deficient in spillway capacity to handle the probable
maximum flood; and the City of Roanoke was instructed to
take corrective action.
It was further advised that on Monday, April 15,
1991, Council approved Change Order No. 1 authorizing
Hayes, Seay, Mattern & Mattern, Inc., to complete the
design of the spillway to comply with State Dam Safety
5OO
ACTION=
requirements and provide contract documents to the extent
that the present Falling Creek Filter Plant could compile
an accurate cost, with completion of the work to take
place in time to fill the reservoir and have the plant in
operation by August 13, 1991; that such action was
requested because of an emergency requiring immediate
action in order to get the Filter Plant on line; and the
approved fee was not to exceed $42,810.00.
It was explained that a report under date of
April 15, 1991, was predicated on using contingency
funding from the Filter Plant construction account; that
cost of removal of asbestos from the roof of the existing
building before demolition and the "Aid to Construction"
for APCo to provide three phase current to the new
facility has lowered the project contingency to less than
the architectural and engineering fee for design, plus
the remaining contingency will be required to help pay
for new spillway construction; that the engineering firm
of Hayes, Seay, Mattern & Mattern, Inc., is designing the
spillway to comply with State Dam Safety requirements and
the contractor will submit a quotation for work once
contract documents are complete; and all work must be
completed by August 13, 1991.
The City Manager recommended that Council authorize
an appropriation, in the amount of $42,810.00, from Prior
Years' Retained Earnings to Account No. 002-056-8325-9055
to provide funds for additional professional services.
(For full text, see report on file in the City Clerk's
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30551) AN ORDINANCE
certain sections of the
Appropriations.
to amend and reordain
1990-91 Water Fund
(For full text of Ordinance, see Ordinance Book No. 52,
page 383.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
!
501
AYES: Council Members Harvey, Bowers, Bowles and
Chairman Pro Tern White ................................. 4.
NAYS: None
(Mayor Taylor, Vice-Mayor Musser,
Fitzpatrick were absent.)
and Council Member
WATER DEPARTMENT: The Assistant City Manager
submitted a written report on behalf of the City Manager
advising that Construction Phase II Contract for
renovation of Falling Creek Water Treatment Plant was
approved by Council on Monday, June 25, 1990, in the
amount of $1,004,119.00, with Acorn Construction, Ltd.,
and included the sum of $50,881.00 (five per cent)
contingency; that construction contract amount to date is
$1,015,883.22, with a completion date of August 8, 1991;
and construction documents were issued prior to the
draining of the reservoir and Intake Structure base
elevations were therefore based on available as-built
drawings.
It was further advised that actual Intake Structure
base elevations, surveyed subsequent to the draining of
the reservoir, are 3.3 feet higher than shown on contract
drawings; and Intake Structure modifications to allow for
a 3.3 feet elevation discrepancy will cost $6,444.00 and
five consecutive days to perform said work.
The City Manager recommended that he be authorized
to issue Change Order No. 1, in the amount of $6,440.00,
~ ~n additional five consecutive calendar working days
to the contract with Acorn ~onsaruutlu~,, Ltd., ~:Ith a
project completion date of August 13, 1991, and a total
contract amount of $1,022,327.22.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers moved that the following Ordinance be
placed upon its first reading:
(%30552) AN ORDINANCE approving the City Manager's
issuance of Change Order No. 1 to the City's contract
with Acorn Construction, Ltd., for additional work in
connection with the Falling Creek Water Treat~lent Plant
Renovations.
(For full text of Ordinance, see Ordinance Book No. 52,
page 383.)
502
ACTION:
ACTION:
ACTION:
The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council Members Harvey, Bowers, Bowles and
Chairman Pro Tem White 4.
NAYS: None 0.
(Mayor Taylor, Vice-Mayor Musser, and Council Member
Fitzpatrick were absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BUDGET-STREETS AND ALLEYS-STATE HIGHWAYS: Mr.
Bowers moved that the second reading of Ordinance No.
30542 amending and reordaining certain sections of the
1990-91 Water, Sewage, and Capital Funds Appropriations,
providing for transfer and appropriation of certain
funds, in connection with an agreement between the City
of Roanoke and the Virginia Department of Transportation
for improvement of a portion of Franklin Road, S. W., be
deferred until the next regular meeting of Council on
Monday, June 10, 1991. The motion was seconded by Mrs.
Bowles and adopted.
STREETS ANDALLEYS-STATE HIGHWAYS: Mr. Bowers moved
Lhuu uraxnance No. 30543 approving an agreement between
the City of Roanoke and the Virginia Department of
Transportation for improvement of a portion of Franklin
Road, S. W., be deferred until the next regular meeting
of Council on Monday, June 10, 1991. The motion was
seconded by Mrs. Bowles and adopted.
MOTIONS AND MISCEL~%NEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE CHAIRMAN PRO TEM
AND MEMBERS OF CITY COUNCIL. NONE.
OTHER HEARINGS OF CITIZENS: NONE.
503
There being no further business, the Chairman Pro Tem declared
the meeting adjourned at 2:30 p.m.
A P P ROVED
ATTEST: ~
City Clerk
Chairman Pro Tem
5O4
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
June 10, 1991
7:30 p.m.
The Council of the City of Roanoke met in regular session
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
June 10, 1991, 7:30 p.m.,, the regular meeting hour, with Chairman
Pro Tem Elizabeth T. Bowles presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended.
PRESENT: Council Members William White, Sr., David A.
Bowers, Beverly T. Fitzpatrick, Jr., James G. Harvey, II, and
Chairman Pro Tem Elizabeth T. Bowles ---5.
ABSENT: Vice-Mayor Howard E. Musser and Mayor Noel C.
Taylor ............... 2.
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City
Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger,
Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Chairman Pro Tem
Elizabeth T. Bowles.
The Pledge of Allegiance to the Flag of the United States
of America was led by Chairman Pro Tem Bowles.
The Chairman ~ro Tem welcomeQ memDers of Boy Scout
Troop No. 210 from South Roanoke Methodist Church.
CONSENT AGENDA:
The Chairman Pro Tem advised that all matters listed
under the Consent Agenda were considered to be routine by
the Members of Council and would be enacted by one motion
in the form, or forms, listed on the Consent Agenda, and
if discussion was desired, that item would be removed
from the Consent Agenda and considered separately.
505
ACTION:
ACTION:
MINUTES: Minutes of the regular meetings of Council
held on Monday, March 4, 1991; Monday, March 11, 1991;
Monday, March 18, 1991; and Monday, March 25, 1991, were
before the body.
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. Harvey moved that the reading of the minutes be
dispensed with and that the minutes be approved as
recorded. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey and Chairman Pro Tem Bowles 5.
NAYS: None .... 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
LIBRARIES: A communication from Mr. Evans B.
Jessee tendering his resignation as a member of the
Roanoke Public Library Board, effective June 30, 1991,
was before Council.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Harvey moved that the resignation be accepted
with regret and that the communication be received and
filed. The motion was seconded bv Mr. White and adouted
by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey and Chairman Pro Tem Bowles ......... 5.
NAYS: None- O.
(Mayor Taylor and Vice-Mayor Musser were absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
NONE.
506
BRIEFINGS:
CELEBRATIONS: Mr. E. Laban Johnson, Special Events
Coordinator, presented a briefing on recent events in the
community during Festival in the Park and Memorial Day
activities. He advised that the Special Events Committee
is proud of what is being accomplished in Roanoke, and
while it has been both an exhilarating and a stressful
time for many persons, there is not a more exciting place
in Virginia at the present time for citizens or visitors.
He noted that Festival in the Park was successful; that
two concerts were presented at Victory Stadium which took
some of the pressure off of Elmwood Park and made the
event more comfortable for large crowds; that the River
Race drew its usual full house; and Elmwood Park was
filled with music, crafts, children's activities and a
collection of foods and beverages, as well as numerous
artists participating in the sidewalk art show. He
stated that the Memorial Day Parade was successful and a
innumerable veterans received long overdue recognition
for their defense of liberty throughout our history; and
on November 11, in the City of Salem, Roanoke Valley
localities will honor veterans with a more formal
ceremony. With regard to the return of auto racing at
Victory Stadium, he stated that his impression was that
it turned out to be a considerable amount of fun, but it
was probably the most difficult event that has been
coordinated in years because it presented so many
logistical problems, however, the race was held and the
next race should be easier to coordinate. He added that
~hile all of these special events were b~na h~ld. th~
Special Events Committee and the Roanoke C~vic Center
presented the Great James H. Drew Exposition, which was
a traveling amusement park. He expressed appreciation to
the scores of City employees who worked so hard to make
all of the events successful. He stated that the rest of
the summer looks Just as busy and called attention to the
Commonwealth Games, July 4th Music for Americans Concert,
more auto racing at Victory Stadium, National AAU Boys'
Basketball Tournament, the Gary Clark Sports Camp, the
Mayor's Basketball Camp, the Miss Virginia Pageant,
numerous events for young people sponsored by the City's
Office on Youth and the Annual Beach Party on the City
Market. He referred to the far reaching effects of such
activities which draw not only Roanoke Valley residents,
but citizens from all over central, western and
southwestern Virginia and beyond, advising that when they
attend one of the City's special events, they spend money
in the Roanoke Valley, thus bolstering the local economy.
507
ACTION:
Mr. Fitzpatrick moved that the oral remarks of Mr.
Johnson be received and filed. The motion was seconded
by Mr. Harvey and adopted.
INDUSTIRES-UNITED PARCEL SERVICE-STREETSANDALLEYS:
Mr. E. Douglas Chittum, representing the Economic
Development Department, and Mr. Jan G. Bruce, Thirlane
Road Project Manager, presented an oral briefing on the
Thirlane Road facility of United Parcel Service.
Mr. Chittum presented slides of the road project,
including the former United Parcel Service facility at
Statesman Industrial Park, which was a 52,000 square foot
building that was shared with Virginia Transformer. He
presented a slide of the new United Parcel Service
facility, advising that it is a 200,000 square foot
facility and represents a $20 million investment. He
stated that the facility will serve two functions; viz:
a local distribution center and a central sort operation
or a hub where packages originating outside or designated
for delivery outside of the Commonwealth of Virginia will
be processed. He further stated that 15 per cent of the
building will be used for offices, lunch rooms and the
remainder will be used for the sorting operation. He
explained that it is proposed that the facility will be
open in July, and will employ in excess of 475 persons.
He advised that when the City was in the process of
negotiating with United Parcel Service, it became
apparent that numerous improvements were needed to
Thirlane Road and, as a part of the City's responsibility
in consummatinq the deal, the City a~reed to perform
certain improvements.
Mr. Jan G. Bruce, Thirlane Road Project Manager,
advised that the project consists of realignment and
reconstruction of approximately 1.6 miles of road from
the intersection of Peters Creek Road to Comfort Inn near
Celebration Station at Hershberger Road, N. W. He stated
that construction contract was awarded to S. R. Draper
Paving Company on October 1, 1990, in the amount of $1.2
million; that $391,000.00 was provided through State
Industrial Access Funds, $78,000.00 was contributed for
water lines, $33,000.00 was contributed by United Parcel
Service for a sewer line, and construction commenced on
October 15, 1990. He presented slides of the roadway
from various angles, advising that United Parcel Service
has access to the facility from Hershberger Road; that
the road should be open from the United Parcel Service
facility to Peters Creek Road around the time that the
building is occupied, with final construction to
completed in approximately mid-August, 1991.
508
ACTION:
Mr. Chittum presented slides of the new facility,
advising that out of this project, new Jobs have been
created, as well as a new investment in Roanoke. He
stated that planned developments or developments that are
under construction for 1990-91 total 18 projects, and of
these 18 projects, all represent existing Roanoke
companies that are expanding and growing, which is
considered to be a major development of over $1 million.
In terms of employment, he pointed out that the City's
population is projected to remain stable over the next
ten years and will constitute a smaller share of the
metropolitan area population, therefore, the City's role
in the region will increasingly be derived from its
importance as an employment magnet rather than its size
as a population center. He stated that while the City
has lost population in the last seven years, the number
of people who work in the City of Roanoke has increased
from 53,000 to 70,000, thus maintaining the City's role
throughout the 1980's as the major employment center for
western Virginia, which has been largely due to business
expansion. He explained that Roanoke has been successful
because it is blessed with a diversified base of solid
businesses and industries with a great potential for
growth, and the City has embarked upon an existing
business program that was established by Council in 1985
which has tapped a most valuable resource of existing
businesses to foster growth and expansion in the Roanoke
Valley.
Mr. Harvey moved that the oral remarks of Messrs.
Chittum and Bruce be received and
seconded by Mr. Fitzpatrick and adopted.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HUMANRESOURCES-SCHOOLS-TOTALACTION AGAINST
POVERTY-FIFTH DISTRICT EMPLOYMENT AND TRAINING
CONSORTIUM: The Assistant City Manager submitted a
written report on behalf of the City Manager advising
that the U. S. Department of Agriculture has solicited
applications from municipalities to participate in the
1991 Virginia Summer Food Service Program to provide
nutritionally balanced, healthy meals to children, ages
i through 18, from low-income families (less than 185
percent of poverty) during the summer months of 1991;
that cost reimbursements are made to program sponsors
(City of Roanoke), by the U. S. Department of
Agriculture, at a rate of approximately $2.11 per meal
consumed (lunch) by a participating eligible youth ($1.17
per breakfast); and $7,385.00 was allocated byCouncil in
the 1991-92 budget of the Director of Human Resources to
support staffing and administration of said program.
5O9
It was further advised that the Virginia Summer Food
Service Program is similar in concept to the National
School Lunch Program and criteria of participants's
eligibility comparable to that used to determine
eligibility for free, or reduced price meals during the
school year; that the City of Roanoke operated the
program last year, serving approximately 675 eligible
youth daily at 12 feeding locations in the City, with
over 33,000 meals having been consumed during the entire
summer; and the Roanoke City School system sponsored a
similar program in 1985 and has once again elected not to
sponsor such a program this year due to broad
responsibilities of sponsorship and present capabilities.
It was explained that the need for the program and
potential operational plans were originally explored and
developed by a task force of the City Manager's Human
Resources Steering Committee which included
representatives of the Department of Social Services,
Fifth District Employment and Training Consortium~ Parks
and Recreation Department, Roanoke that agencies
represented included the Department of Social Services,
Fifth District Employment and Training Consortium, with
the assistance of City Parks and Recreation Department,
Roanoke Redevelopment and Housing Authority, and Total
Action Against Poverty.
The Assistant City Manager advised that a grant
application for the Virginia Summer Food Service Program
was prepared by the Fifth District Employment and
Training Consortium, on behalf of the City, for
consideration by the U. S. Department of Agriculture for
funding this summer, for the period of June 17 through
August 30, 1991; that 950 dally meals are proposed for
youth participating at the following sites: Jamestown
Housing Project, Indian Village Housing Project,
Lansdowne Housing Project, Bluestone Housing Project,
YMCA Family Center, Salvation Army Day Center, Hurt Park
Head Start Center, Lincoln Terrace Head Start Center,
Rutherfoord Child Development Center, SVCDF Camp (Roanoke
Academy of Math/Science), Summer School Ruffner Middle
School, Alternative Education - Addison, and Housing
Authority Camp - Copper Hill, Virginia; and it is
estimated that over 50,000 meals will be served through
the expanded program.
It was advised that the proposed expansion from 12
to 15 feeding locations reflects both the success of last
year's program and the broad need for such a program;
that the Department of Human Resources is proposed to
administer the program through interagency agreements
with the Fifth District Employment and Training
510
Consortium, Roanoke Redevelopment and Housing Authority,
and Total Action Against Poverty; that the City has
entered into an informal written agreement with the
Department of Social Services, as well as a contract with
a meal vendor to prepare and deliver the meals daily to
the necessary sites; that approximately 950 meals are
proposed to be provided on each of the 54 meal service
days from June 17 through August 30, 1991 (Monday through
Friday, excluding the July 4 holiday); and all costs
reimbursable by the U. S. Department of Agriculture are
based upon the number of meals consumed by eligible youth
participants.
It was noted that a grant application was submitted
to the U. S. Department of Agriculture; that a vendor
must be selected to prepare and deliver the meals to the
15 project sites; and an "Invitation for Bid" process was
developed and implemented following the City's
procurement guidelines; and one bid was received and upon
review by appropriate City staff, it was determined that
Total Action Against Poverty has proposed a responsive
program for meal preparation and delivery, with cost
projections totalling $91,150.00.
The City Manager recommended that Council endorse
the grant application and take the following actions:
accept the subsequent grant award from the
U. S. Department of Agriculture, in the amount
of $91,150.00;
authorize the Department of Human Resources to
negotiate and execute appropriate interagency
agreements to facilitate the success of the
project;
accept the responsive bid from Total Action
Against Poverty to prepare and deliver meals
at an average rate range of $1.735 to $1.785
per lunch meal served and $.9975 to $1.0275
per breakfast meal served;
authorize negotiation of a vendor contract
between the City and Total Action Against
Poverty; and
511
ACTION:
ACTION:
appropriate $91,150.00, with a corresponding
revenue estimate, to an account to be
established in the Consortium Fund by the
Director of Finance for the Virginia Summer
Food Service Program.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30553-61091) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 384.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30553-61091. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey and Chairman Pro Tcm Bowles ....... 5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
Mr. Fitzpatrick offered the following Resolution:
(#30554-61091) A RESOLUTION authorizing the
execution of a grant application made on behalf of the
City of Roanoke for the United States Department of
Agriculture 1991 Summer Food Service Program, and the
acceptance of the subsequent grant award; and authorizing
the acceptance of the bid of Total Action Against Poverty
in Roanoke Valley, Inc., and award of the requisite
contract to prepare and deliver the Summer Food Service
Program daily meals to designated sites in the City of
Roanoke.
(For full text of Resolution, see Resolution Book No. 52,
page 385.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30554-61091. The motion was seconded by Mr. White and
adopted by the following vote:
5].2
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey and Chairman Pro Tem Bowles 5.
NAYS: None ........ 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
Following discussion of the matter, Mr. White
requested that the City Manager furnish Council with a
response to the following questions:
(1)
Why did the school system discontinue the
Summer Food Service Program? Was it a
policy decision or an administrative
decision?
(2)
What is the most cost effective way to deliver
the service?
STREETS AND ALLEYS-INDUSTRIES: The Assistant City
Manager submitted a written report on behalf of the City
Manager advising that the construction contract for the
realignment and reconstruction of Thirlane Road was
authorized by Council on October 1, 1990, in the amount
of $1,261,160.07; and three change orders have been
executed to date, viz: Change Order No. 1, in the amount
of $99,617.00 (paid for by United Parcel Service); Change
Order No. 2, in the amount of $1,045.00; and Change Order
No. 3, in the amount of $3,751.00.
It was further advised that unsuitable material
(mud) was encountered in two locations along the route o£
the new road near the west end of the east-west runway at
Roanoke Regional Airport; that corrective work will
consist of removal of unsuitable material, backfilling
with surge stone, and installing underdrain pipes,
estimated at $65,000.00, however, the exact amount will
not be known until a certain area is uncovered; and it is
the intent of the administration to inform Council at the
earliest possible date of the need for the change order.
The City Manager recommended that Council authorize
execution of Change Order No. 4, in an amount not to
exceed $65,000.00, to the contract with S. R. Draper
Paving Company; and that he be authorized to apply for an
amendment to the City/State Agreement for additional
industrial access funds and to execute such amendment if
offered.
(For full text, see report on file in the City Clerk's
Office.)
513 :
ACTION=
Mr. Fitzpatrick offered the following emergency
Ordinance:
(~30555-61091) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 4 to the City's
contract with S. R. Draper Paving Company for additional
work in connection with the realignment and
reconstruction of Thirlane Road, N. W., authorizing an
appropriate amendment to the City/State Agreement for
industrial access funds, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 385.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30555-61091. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey and Chairman Pro Tem Bowles ..... 5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
APPALACHIAN POWER COMPANY: The Assistant City
Manager submitted a written report on behalf of the City
Manager advising that on Monday, September 25, 1985,
Council adopted Ordinance No. 27799 authorizing the City
Manager to enter into an agreement with Appalachian Power
Company (APCO), allowing the City to place certain types
v~ oi~,,~, ~.~., ~a~ki,~, iuau~,~ ~u,~, =~., On ~'~
poles throughout the City; that Council, in the summer of
1990, requested the City Manager to have United States
Flags placed on APCO poles along Elm Avenue, S. E., on
certain holidays; and the City has entered into an
agreement with the Vietnam Veterans Association which
allows them to display the American Flag from City owned
poles in the Central Business District on certain
holidays.
It was further advised that the agreement also calls
for the City to assist the Vietnam Veterans Association
in installing and removing the flags by furnishing a
truck and driver; that Appalachian Power Company, along
with the City, reviewed the present agreement and due to
time constraints, worked out a means of accomplishing
Council's desires on a one-time basis; and the amended
sign agreement has been negotiated pursuant to Council's
request.
514
ACTION:
The City Manager recommended that Council approve
the proposed revised sign agreement which will allow
certain signs and flags to be placed on APCO poles as
specified, and that he be authorized to execute the
agreement on behalf of the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following Resolution:
(#30556-61091) A RESOLUTION authorizing the City
Manager to enter into an agreement with Appalachian Power
Company to allow the City to install, maintain and remove
signs, flags, and holiday decorations on or from utility
poles owned by Appalachian Power Company.
(For full text of Resolution, see Resolution Book No. 52,
page 386.)
Mr. Harvey moved the adoption of Resolution No.
30556-61091. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey and Chairman Pro Tem Bowles -5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
CITY ATTORNEY:
BUDGET-CLAIMS-CITY ATTORNEY: The City Attorney
submitted a written report recommending that Council
authorize the Director of Finance to transfer $25,000.00
from the General Fund Balance Designated for Uninsured
Claims to Self-Insurance Claim, Account No. 001-050-1262-
2172, to provide funds to enable the City Attorney's
Office to settle claims for the balance of the fiscal
year.
(For full text, see report on file in the City Clerk's
Office.)
515
ACTION:
ACTION:
Mr. Bowers offered the following emergency budget
Ordinance:
(#30557-61091) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 387.)
Mr. Bowers moved the adoption of Ordinance No.
30557-61091. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey and Chairman Pro Tem Bowles 5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BUDGET-STREETSANDALLEYS-STATE HIGHWAYS: Ordinance
No. 30542-61091 amending and reordaining certain sections
of the 1990-91 Water, Sewage, and Capital Funds
of certain funds, in connection with an agreement between
the City of Roanoke and the Virginia Department of
Transportation for improvement of a portion of Franklin
Road, S. W., having previously been before the Council
for its first reading on Tuesday, May 28, 1991, read and
adopted on its first reading and laid over, was again
before the body, Mr. Fitzpatrick offering the following
for its second reading and final adoption:
(#30542-61091) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Water, Sewage, and
Capital Funds Appropriations.
(For full text of Ordinance, see Ordinance Book No. 52,
page 380.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30542-61091. The motion was seconded by Mr. Bowers and
adopted by the following vote:
516
ACTION:
AYES: Council Members White, Bowers, Fitzpatrick
and Chairman Pro Tem Bowles 4.
NAYS: None -0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
(Council Member Harvey abstained from voting.)
STREETS AND ALLEYS-STATE HIGHWAYS: Ordinance No.
30543-61091 approving an agreement between the City of
Roanoke and the Virginia Department of Transportation for
improvement of a portion of Franklin Road, S. W.;
providing for allocation of the City's share of the
project cost, in the amount of $221,692.41 of the total
estimated project construction cost of $1,686,834.25,
having previously been before the Council for its first
reading on Tuesday, May 28, 1991, read and adopted on its
first reading and laid over, was again before the body,
Mr. White offering the following for its second reading
and final adoption:
(#30543-61091) AN ORDINANCE approving an agreement
between the City and the Virginia Department of
Transportation for the improvement of a portion of
Franklin Road, S. W.; providing for the allocation of the
City's share of the project cost; and authorizing
execution of said agreement on behalf of the City.
(For full text of Ordinance, see Ordinance Book No. 52,
page 381.)
Mr. White moved the adoption of Ordinance No. 30543-
61091. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick
and Chairman Pro Tem Bowles ---4.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
(Council Member Harvey abstained from voting.)
BUDGET-BUSES: Ordinance No. 30548-61091 amending
and reordaining certain sections of the 1990-91 General
and Capital Funds Appropriations, providing for transfer
of certain Greater Roanoke Transit Company Capital
Project Subsidy funding obligations from the General Fund
operating budget to the Capital Fund, having previously
been before the Council for its first reading on Monday,
517
,!
ACTION:
ACTION:
June 3, 1991, read and adopted on its first reading and
laid over, was again before the body, Mr. White offering
the following for its second reading and final adoption:
(#30548-61091) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General and Capital Funds
Appropriations.
(For full text of Ordinance, see Ordinance Book No. 52,
page 382.)
Mr. White moved the adoption of Ordinance No. 30548-
61091. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey and Chairman Pro Tem Bowles ......... 5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
BUDGET-STREETS AND ALLEYS-STATE HIGHWAYS-HENRY
STREET REVITALIZATION: Ordinance No. 30549-61091
amending and reordaining certain sections of the 1990-91
Capital Fund Appropriations, in connection withAmendment
No. 7 to the contract with Mattern & Craig, Inc., for
archaeological/architectural services for widening and
realignment of Second Street/Gainsboro Road and Wells
Avenue, having previously been before the Council for its
first reading on Monday, June 3, 1991, read and adopted
Jn its firJt ......... ..._~ lald ....... ........ =~ ~,a{n h~for~ the
body, Mr. Fitzpatrick offering the foliowing for its
second reading and final adoption:
(#30549-61091)' AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Capital Fund
Appropriations.
(For full text of Ordinance, see Ordinance Book No. 52,
page 382.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30549-61091. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey and Chairman Pro Tem Bowles ....... 5.
NAYS: None--- 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
518
ACTION:
BUDGET-WATER DEPARTMENT: Ordinance No. 30551-61091
amending and reordaining certain sections of the 1990-91
Water Fund Appropriations, providing for appropriation of
$42,810.00 from Retained Earnings, Unrestricted, to
Falling Creek Plans and Specifications, in connection
with issuance of Change Order No. 1 to the engineering
design contract with Hayes, Seay, Mattern and Mattern,
Inc., for the Falling Creek Filter Plant dam spillway,
having previously been before the Council for its first
reading on Monday, June 3, 1991, read and adopted on its
first reading and laid over, was again before the body,
Mr. Bowers offering the following for its second reading
and final adoption:
(#30551-61091)
certain sections
Appropriations.
AN ORDINANCE to amend and reordain
of the 1990-91 Water Fund
(For full text of Ordinance, see Ordinance Book No. 52,
page 383.)
Mr. Bowers moved the adoption of Ordinance No.
30551-61091. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey and Chairman Pro Tem Bowles -5.
NAYS: None 0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
WATER DEPARTMENT: Ordinance No. 30552-61091
approving issuance of Change Order No. i to the City's
contract with Acorn Construction, Ltd., for additional
work in connection with Falling Creek Water Treatment
Plant Renovations, having previously been before the
Council for its first reading on Monday, June 3, 1991,
read and adopted on its first reading and laid over, was
again before the body, Mr. Bowers offering the following
for its second reading and final adoption:
(#30552-61091) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 1 to the City's
contracU with Acorn Construction, Ltd., for additional
work in connection with the Falling Creek Water Treatment
Plant Renovations.
(For full text of Ordinance, see Ordinance Book No. 52,
page 383.)
519
,!
ACTION:
Mr. Bowers moved the adoption of Ordinance No.
30552-61091. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members White, Bowers, Fitzpatrick,
Harvey and Chairman Pro Tem Bowles 5.
NAYS: None' --0.
(Mayor Taylor and Vice-Mayor Musser were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE CHAIRMAN PRO TEM
AND MEMBERS OF CITY COUNCIL. NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Chairman Pro
Tem declared the meeting adjourned at 8:25 p.m.
APPROVED
ATTEST:
City Clerk
lrman Pro Tem
520
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
June 17, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
June 17, 1991, at 2:00 p.m., the regular meeting hour, with Vice-
Mayor Howard E. Musser presiding, pursuant to Rule 1, Regular
Meetinqs, of Section 2-15, ~!es. of..procedure, Code of the City of
Roanoke (1979), as amended.
PRESENT:
Bowles, Beverly T.
Musser ........
Council Members David A. Bowers, Elizabeth T.
Fitzpatrick, Jr., and Vice-Mayor Howard E.
4.
ABSENT: Council Members James G. Harvey, II, William
White, Sr., and Mayor Noel C. Taylor .......... 3.
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Wllburn C. Dlbling, Jr., City Attorney; Joel M. Schlanger, Director
of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Worship Leader
Dic Burbage, representing Edgewood Christian Church.
The Pledge of Allegiance to the Flag of the United States
of America was led by Vice-Mayor Musser.
CUN~NT A~ENDA:
COUNCIL: The Vice-Mayor advised that all matters
listed under the Consent Agenda were considered to be
routine by the Members of Council and would be enacted by
one motion in the form, or forms, listed on the Consent
Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered
separately.
ZONING-ARCHITECTURALREVIEW BOARD: A communication
from Mr. Edward S. Grandis, Attorney, representing ~.
John P. Cone, Jr., advising of his client's appeal to the
Circuit Court of the City of Roanoke, in connection with
City Council's denial of his client's petition to appeal
a decision rendered by the Architectural Review Board
regarding an application for a Certificate of
Appropriateness for property located at 526 Mountain
Avenue, S. W., was before the body.
(For full text, see'communication on file in the City
Clerk's Office.)
521
ACTION:
Mrs. Bowles moved that the matter be referred to the
City Attorney for appropriate action. The motion was
seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
and Vice-Mayor Musser ............ 4.
NAYS: None 0.
(Mayor Taylor and Council Members Harvey and White were
absent.)
CITY MARKET-TRAFFIC: A report of the City Manager
with regard to concerns expressed by Council Member
David A. Bowers over the volume of pedestrian and
vehicular traffic in the City Market area, was before
Council.
The City Manager advised that he was furnished with
a report under date of May 7, 1991, from the City's
Traffic Engineer, and the City also received a
communication under date of May 28, 1991, from Mr.
Franklin D. Kimbrough, Executive Director, Downtown
Roanoke, Inc., explaining the numerous considerations
made by a traffic management sub-committee, along with a
market area standing committee, relative to the matter;
and based upon the Traffic Engineer's recommendations,
and in response to Mr. Kimbrough's communication, the
following actions will be taken to enhance pedestrian
safety in the City Market area:
The eastermost of the four crosswalks will be
marked in a manner similar to the other three
crosswalks.
Extension of the second and third crosswalks
into the Market Square will be marked in a
manner similar to existing crosswalks.
,!
522
ACTION:
Two advance warning signs for pedestrians with
the added message "Next 500 Feet" will be
posted on both sides of Campbell Avenue,
between Jefferson Street and the entrance to
the Market Square Parking Garage.
Police officers
instructed to
crossing area
traffic times
duties allow.
in the Market area will be
frequent this pedestrian
during peak pedestrian and
when possible and as other
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
and Vice-Mayor Musser- 4.
NAYS: None- --0.
(Mayor Taylor and Council Members Harvey and White were
absent.)
REGULAR AGENDA
The Vice-Mayor' a~vlseu ~nau u,,ix fJur Cc .... ~
Members were in attendance and the agenda included a
number of measures that would require five affirmative
votes of the Council in order to pass; whereupon, he
called upon the City Attorney for an explanation as to
the most appropriate method in which to proceed.
The City Attorney advised Section 13 of the City
Charter provides that an ordinance without an emergency
clause becomes effective ten days after its second
reading; that an ordinance with an emergency clause
becomes effective immediately upon its passage; and an
ordinance with an emergency clause requires five
affirmative votes of the Council in order to pass. He
stated that since only four Members of Council were
present, Council could delete the emergency clauses from
the ordinances, consider them on first reading at the
present meeting, and consider the ordinances on second
reading on Monday, June 24, with an effective date of
July 4, 1991. He added that that particular alternative
t
523
ACTION:
ACTION:
was not recommended because certain ordinances on the
agenda need to be effective before the close of the
fiscal year on June 30, 1991, therefore, he recommended
that those ordinances be deferred until the regular
meeting of Council on Monday, June 24, 1991, at which
time they could be adopted with an emergency clause,
thereby causing the measures to become effective upon the
date of passage.
The City Attorney advised that the measures which
should be deferred until the next regular meeting of
Council on Monday, June 24, 1991, are identified on the
agenda as follows: 4.a.1., 4.b.1., 5.a.1., 5.a.2.,
5.a.3., 5.a.6., 5.b.1., 6.a.1., 6.c., 6.d, and 6.e.
Mr. Fitzpatrick moved that Council defer action on
the above listed items until the next regular meeting of
Council on Monday, June 24, 1991. The motion was
seconded by Mrs. Bowles and adopted.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-PARKS AND PLAYGROUNDS-RECREATION
DEPARTMENT: Mr. Henry Craighead, 1625 Orange Avenue,
N. W., appeared before Council and advised that only
those persons who live and work in the Roanoke Valley
should be allowed th participate on softball teams
sponsored by the City of Roanoke Department of Parks and
Recreation, and that an individual should be permitted to
play on only one team at a time in the Roanoke Valley.
Following ~lscusslon oi un~ mutt=~, ~. ~~ .....
moved that the City Manager be requested to apprise
Council of current rules and regulations with regard to
participation on City softball leagues. The motion was
seconded by Mrs. Bowles and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-CITY JAIL-SHERIFF: A communication from the
Honorable W. Alvin Hudson, Sheriff, recommending
appropriation of certain funds to provide for
continuation of a staffed adult educational program in
the Roanoke City Jail, was before Council.
The City Manager submitted a written report
concurring in the recommendation of the City Sheriff.
(For full text, see communication and report on file in
the City Clerk's Office.)
524
ACTION:
Mr. Fitzpatrick moved that action on Sheriff
Hudson's communication and the City Manager's report be
deferred until the next regular meeting of Council on
Monday, June 24, 1991. The motion was seconded by Mrs.
Bowles and adopted.
CITY JAIL-SHERIFF: A communication from the
Honorable W. Alvin Hudson, Sheriff, advising that the
Appropriations Act approved by the Virginia General
Assembly during the 1989 regular session authorized the
Department of Criminal Justice Services to expend grant
funds for pretrial diversion and related services; that
in addition, the Director of the Department of Criminal
Justice Services must assure that one or more of the
programs will include provision for drug testing of
accused felons awaiting trial, consistent with state law,
Section 19.2-123, of the Code of Virginia, 1950, as
amended, effective July 1, 1989; and the Sheriff's Office
and the Courts for the City of Roanoke applied for and
received funding for two separate programs which were
implemented with State funds through a grant at no cost
to the City (no matching fund requirements for the
locality), as follows:
"Substance Abuse Testing of Accused Felons
Awaiting Trial" program began July 1, 1989,
and was administered under the sponsorship of
the Roanoke City Sheriff's Office, at a cost
of $67,670.00.
"Roanoke City Courts Pretrial Services"
program began January 1, 199U, anu was
administered under the sponsorship of the
Court-Community Corrections Program for the
Roanoke City Courts at a cost of $63,863.00.
It was explained that the Appropriations Act
approved by the Virginia General Assembly during the 1991
regular session authorized the Department of Criminal
Justice Services to continue to provide funding for the
Roanoke City Pretrial Services Program, in the amount of
$104,429.00, with $78,322.00 funded by the Department of
Criminal Justice Services and matching funds of
$26,107.00 to be provided by the City of Roanoke; that
Council approved submission of a grant application
totaling $104,429.00 for the program to the Department of
Criminal Justice Services for review and approval; that
525
ACTION:
preliminary approval of the program has been given by the
Department of Criminal Justice Services, subject to
Council's concurrence; and the Department of Criminal
Justice Services will provide funding, in the amount of
$78,322.00, and matching funds in the amount of
$26,107.00 must be provided by the City of Roanoke.
The Sheriff recommended that council authorize the
City Manager to execute a grant agreement with the
Department of Criminal Justice Services, not to exceed
the amount of $104,429.00, and to execute a Customer
Incentive Agreement withAbbott Laboratories to provide
reagents, calibrators, calibrations, controls, and
miscellaneous materials, as well as maintenance service,
until July 1, 1992, for an amount not to exceed
$30,566.00; authorize the Director of Finance to transfer
$26,107.00 in local cash match funds from Roanoke City
Jail Reimbursements, Account No. 001-024-3310-8005, to
Transfers to Grant Fund, Account No. 001-004-9310-9535;
increase the revenue estimate for fiscal year 1991-92 by
$78,322.00; and appropriate $104,429.00 to accounts to be
established by the Director of Finance in the Grant Fund.
A report of the City Manager concurring in the
recommendation, was before council.
(For full text, see communication and report on file in
the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30558-61791) A R~SULU'£zu" au~.. ....... ~
acceptance of a Drug Testing of Accused Felons Awaiting
Trial Grant made to the City of Roanoke by the
Commonwealth of Virginia Department of Criminal Justice
Services and authorizing the acceptance, execution and
filing of all appropriate documents to obtain such grant.
(For full text of Resolution, see Resolution Book No. 52,
page 388.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30558-61791. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
--4.
and Vice-Mayor Musser-
NAYS: None
(Mayor Taylor and Council Members Harvey and White were
absent.)
526
ACTION=
ACTION:
ACTION:
Mrs. Bowles offered the following Resolution:
(#30559-61791) A RESOLUTION authorizing the
execution of a contract with Abbott Laboratories to
provide certain materials and services in connection with
the Roanoke City Pretrial Services program, upon certain
terms and conditions.
(For full text of Resolution, see Resolution Book No. 52,
page 387.)
Mrs. Bowles moved the adoption of Resolution No.
30559-61791. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
and Vice-Mayor Musser ......... 4.
NAYS: None -0.
(Mayor Taylor and Council Members Harvey and White were
absent.)
Mrs. Bowles moved that
Manager be received and filed.
by Mr. Bowers and adopted.
the report of the City
The motion was seconded
Mr. Fitzpatrick moved that action on the budget
ordinance be deferred until the next regular meeting of
Council on Monday, June 24, 1991. The motion was
seconded by Mrs. Bowles and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE:
ITEMS RECOMMENDED FOR ACTION:
VIRGINIA TECH/HOTEL ROANOKE/CONFERENCE CENTER: The
City Manager submitted a written report advising that in
October, 1990, Virginia Tech Real Estate Foundation
issued a request for proposals concerning The Hotel
Roanoke and Conference Center project; that the request
for proposals, as related to the Conference Center
portion of the project, was reviewed jointly by Virginia
Tech and City of Roanoke officials to ensure that it met
requirements of the Virginia Procurement Code; that
specifically, the request for proposals asked the
527
developer to propose a team that would provide design and
construction management services on the Conference
Center; and actual construction of the Conference Center
would be publicly bid in accordance with the Procurement
Act.
It was further advised that Classic Properties was
the successful proposer on The Hotel Roanoke and
Conference Center portions of the project; that the
proposal included Classic Properties as construction
manager and Perez Architects as design architect for the
Conference Center; that Classic Properties is working to
confirm and/or redefine the scope of the Hotel/Conference
Center project; that specifically, at their expense, they
will determine the number of hotel rooms that can be
justified for the hotel project, the makeup of business
that would frequent the hotel, i.e., group business,
business traveler, tourist, whether or not a franchise
operation is financially Justified, cost estimates for
renovation of the hotel and projected revenues and
expenses; and Classic Properties hopes to have its
analysis completed within 60 to 90 days so that a
determination can be made as to what level of equity and
debt can be supported by the project, at which time they
will go forward with efforts to put the complex financing
package together.
It was explained that a separate, but integral part
of the analysis, concerns the Conference Center; that it
is important that the same level of information be
provided for the Conference Center as is provided for The
::~tcl R~Q,,uk=; ~h~ ~ne projected level of usage
generated by Virginia Tech and the Roanoke Valley
Convention and Visitors Bureau, as well as new Hotel
Roanoke management, will translate into a recommended
size for the Conference Center facility, the kinds of
rooms needed, how many room nights the Conference Center
might generate in The Hotel Roanoke, and ultimately the
projected cost of the Conference Center; that it is also
important during the upcoming 60 to 90 days as plans for
The Hotel Roanoke portion proceed, that plans for the
Conference Center proceed concurrently; and the physical
relationship with the hotel and potential sharing of
facilities such as kitchens are important in determining
cost information for both parts of the project and are,
therefore, important to the overall analysis.
528
It was further explained that market feasibility or
utilization projections for the Conference Center
schematic design phase on the Conference Center and
construction activities, all related but independent,
must go on concerning the Conference Center during the
next 60 to 90 days concurrent with the work on The Hotel
Roanoke.
It was pointed out that it is anticipated that The
Hotel Roanoke Commission will not be established until
later in the summer; that in order not to lose time on
this important phase of the project, work on the
Conference Center needs to proceed immediately on the
same timetable as The Hotel Roanoke; that Virginia Tech
Foundation is willing to be a 50/50 financial partner
with the City of Roanoke on each of the three consulting
and planning activities, which makes the City's share of
the three agreements $69,950.00; and the Virginia Tech
Foundation and the City of Roanoke would ask to be
reimbursed if and when the Commission is established and
if and when the Conference Center project becomes a
reality and financing is in place.
The City Manager recommended that Council take the
following actions:
Authorize the City Manager to enter into a
contract with Classic Properties of Virginia,
Inc., and Virginia Tech Real Estate Foundation
to do the pre-construction phase of
Conference Center. The total cost of this
phase will be $43,000.00. Classic Properties
will make a request to the Conference Center
Commission, if and when it is established,
that it be reimbursed for $22,000.00, if and
when it signs a construction management
contract with The Hotel Roanoke Commission.
The $43,000.00 cost will be split between
Virginia Tech Real Estate Foundation and the
City of Roanoke. Maximum cost to the City is
$21,500.00.
Authorize the City Manager to enter into a
contract with Perez Architects and Virginia
Tech Real Estate Foundation for $67,000.00 to
do the schematic design phase on the
Conference Center, the cost to be split
between the Virginia Tech Real Estate
Foundation and the City of Roanoke. Maximum
cost to the City is $33,500.00.
529
ACTION:
ACTION:
Authorize the City Manager to contract with
Coopers & Lybrand to conduct its share of
market feasibility work on the Conference
Center. Maximum cost to the City is
$14,950.00.
Appropriate $75,000.00 from Contingency
Reserve Account No. 001-002-9410-2199, to
existing Conference Center, Capital Account
No. 008-002-9653-9055. This total includes an
additional $5,050.00 for other support costs
such as mapping and borings.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that action on the budget
ordinance be deferred until the next regular meeting of
Council on Monday, June 24, 1991. The motion was
seconded by Mrs. Bowles and adopted.
Mr. Fitzpatrick offered the following Resolution:
(#30560-61791) A RESOLUTION authorizing the
execution of contracts with Classic Properties of VA,
Inc., and Perez Architects, New Orleans, APC, to provide
construction management and architectural and engineering
services, respectively, in connection with construction
of a publicly-owned conference center.
(For full text of Resolution, see Resolution Book No.
page 388.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30560-61791. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
and Vice-Mayor Musser .......... 4.
NAYS: None 0.
(Mayor Taylor and Council Members Harvey and White were
absent.)
53O
ACTION:
BUDGET-WORKER'S COMPENSATION-CITY EMPLOYEES: A
report of the City Manager with regard to appropriating
funds, in the amount of $65,249.00, to provide medical
payments for Worker's Compensation claims for the
remainder of fiscal year 1990-91, was before Council.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that action on the matter be
deferred until the next regular meeting of Council on
Monday, June 24, 1991. The motion was seconded by Mrs.
Bowles and adopted.
EMERGENCY MEDICAL SERVICES: The City Manager
submitted a written report advising that on July 1, 1990,
Council approved a first-party billing user fee for
citizens who utilize the City's Emergency Medical
Services for ambulance transportation to a medical
facility; that on July 1, 1990, Council authorized the
City Manager to enter into a contract with Health East,
Inc., for provision of a billing and collection service
for the period of July 1, 1990, through June 30, 1991;
and the contract specifies a flat monthly rate of
$5,750.00, plus 6.5 per cent of net collections, with an
option to renew for two additional years at a rate to be
negotiated.
It was further advised that revenue estimated for
fiscal year 1990-91 from the user fee was $402,500.00;
user fee is $485,000.00; that budgeted cost for billing
service for fiscal year 1991-92 is $95,000.00; that on
June 30, 1991, the contract with Health East, Inc., will
expire; and on March 29, 1991, a proposal was received
from Health East, Inc., for contract renewal rates to
provide Emergency Medical Services billing and
collections for a two-year period beginning July 1, 1991,
as follows:
Year 1 -
A flat rate of $6,500.00 per month,
plus 6.5 per cent of net
collections.
Year 2 - A flat rate of $7,800.00 per month, plus
9.0 per cent of net collections.
It was explained that the revenue estimate for
fiscal year 1991-92 should be revised to $500,500.00
based on current fiscal year collections, or an increase
of $15,500.00; that projected cost of billing service for
531
ACTION:
fiscal year 1991-92 would be approximately $110,500.00
based on the new proposal and revised revenue estimate,
for an expenditure increase of $15,500.00; that the
revenue estimate is anticipated to offset this
expenditure; that adequate funds will be requested in the
fiscal year 1992-93 budget to provide for contractual
obligations for the second year of the contract; and the
projected cost increase, based on a revised revenue
estimate of $500,500.00, would be an additional
$28,145.00, with said increase to be addressed during the
1992-93 budget preparation process.
The City Manager recommended that he be authorized
to renew the contract with Health East, Inc., for two
additional years to provide a Billing and Collection
Service for Emergency Medical Services, effective July 1,
1991, through June 30, 1993, at a monthly rate of
$6,500.00, plus 6.5 per cent of net collections for the
first year and at a monthly rate of $7,800.00, plus 9.0
per cunt of net collections for the second year, subject
to approval by the City Attorney; that Council increase
the 1991-92 revenue estimate by $15,500.00 to $500,500.00
for the Emergency Medical Services account; and authorize
the Director of Finance to appropriate $15,500.00 to Fees
for Professional Services, Account No. 001-050-3521-2010,
for payment of billing services.
(For full text, see report on file in the City Clerk's
Office.)
Mr. FitzDatrick moved that action oh the budget
ordinance be deferred until the nexu regu~ur m,=~in~ v£
Council on Monday, June 24, 1991. The motion was
seconded by Mrs. Bowles and adopted.
Mrs. Bowles offered the following Resolution:
(#30561-61791) A RESOLUTION authorizing the
extension of the term of a contract between the City and
Health East, Inc., for the provision of Emergency Medical
Services billing and collections services.
(For full text of Resolution, see Resolution Book No. 52,
page 389.)
Mrs. Bowles moved the adoption of Resolution No.
30561-61791. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
532
AYES: Council Members Bowers, Bowles, Fitzpatrick,
and Vice-Mayor Musser .... 4.
NAYS: None --0.
(Mayor Taylor and Council Members Harvey and White were
absent.)
EMERGENCY SERVICES: The City Manager submitted a
written report advising that in June 1988, Council
authorized the City Manager to enter into a three-year
agreement with the Commonwealth of Virginia Department of
Emergency Services to develop a Level III Regional
Hazardous Materials Response Team and respond to calls,
at the request of the Virginia Department of Emergency
Services, within a designated region of the State; that
a Level III is defined as a technical response to spills
or releases of any classification of hazardous materials
or extremely hazardous substances requiring the use of
special protective clothing and equipment; and those
persons responding must be trained to a Hazardous
Materials Technician level or greater.
It was further advised that the Roanoke Valley has
been identified by the Virginia Department of Emergency
Services as being at high risk for accidents involving
hazardous materials due to the high volume of chemicals
being transported through the City of Roanoke on the
Interstate system and railroad; and the current Roanoke
Valley Regional Hazardous Materials Response Team
Roanoke County and the City of Salem, who have been
trained to respond to hazardous materials incidents.
It was explained that the Regional Hazardous
Materials Response Team Agreement expires on June 30,
1991; that the Virginia Department of Emergency Services
has requested that a new agreement be entered into
beginning July 1, 1991, for a one-year period; that
Roanoke County has decided not to participate in the
Regional Agreement for the coming year; and the City of
Roanoke and the City of Salem will comprise the regional
team and will respond to all Level III responses within
the assigned territory to include Roanoke County, with
Roanoke County providing its own Level II response, which
is defined as non-technical involving spills or releases
of petroleum products only.
533
ACTION:
It was advised that City staff has determined that
a Level III response capability should be maintained due
to the identified high risk status for hazardous
materials incidents in the City of Roanoke and that
participation in a Regional Response Team program would
be the most cost effective approach for the City; that
Council's approval and authorization to enter into such
an agreement is required if the City wishes to
participate in the Regional Response Team; that terms of
the proposed agreement define City and State
responsibilities, response procedures, line of authority,
reimbursement procedures, insurance and legal
responsibilities and a termination clause; that members
of the Roanoke City Fire Department will continue to
participate in State-sponsored Level III Hazardous
Materials training; and the City Attorney's Office has
been involved in the development, of the proposed
agreement between the City of Roanoke and the State
Department of Emergency Services.
The City Manager recommended that he be authorized
to enter into an agreement with the Commonwealth of
Virginia Department of Emergency Services to participate
in a Regional Hazardous Materials Response Team for a
period of one year commencing July 1, 1991, with an
option to terminate upon 30 days written notice, subject
to approval by the City Attorney.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30562-61791) A RESOLUTION authorizing an
agreement between the City and the Commonwealth of
Virginia Department of Emergency Services to provide for
the creation of a Regional Hazardous Materials Response
Team.
(For full text of Resolution, see Resolution Book No. 52,
page 390.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30562-61791. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
534
AYES: Council Members Bowers, Bowles, Fitzpatrick,
and Vice-Mayor Musser ........ 4.
NAYS: None 0.
(Mayor Taylor and Council Members Harvey and White were
absent.)
GRANTS-CLEAN VALLEY COUNCIL: The City Manager
submitted a written report advising that the Clean Valley
Council, Inc., was originated by the governments in the
Roanoke Valley to coordinate a valley-wide litter
controlprogram; that all State grants are received by
each locality and then transferred to the Clean Valley
Council; and the following represents the total of the
five grants:
City of Roanoke
Roanoke County
City of Salem
Town of Vinton
Botetourt County
$ 7,291.00
6,331.00
2,734.00
1,472.00
3~547.00
Total $21,375.00
It was further advised that the Clean Valley
Council, Inc., generally submits a cooperative grant
application for the five localities; and the Department
of Waste Management, Division of Litter Control and
Recycling, requires a resolution from each locality
of f~nds far the year begin~ing July 1, 1991. -
The City Manager recommended that Council designate
the Clean Valley Council, Inc., as recipient of the
Division of Litter dontrol and Recycling Grant for the
year commencing July 1, 1991.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following Resolution:
(#30563-61791) A RESOLUTION designating the Clean
Valley Council, Inc., to ~evelop a coordinated litter
control program for the entire Roanoke Valley and
authorizing such Council to apply for certain grant funds
from the Commonwealth for operation of such program.
(For full text of Resolution, see Resolution Book No. 52,
page 390.)
35
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Resolution No.
30563-61791. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
and Vice-Mayor Musser ........ 4.
NAYS: None 0.
(Mayor Taylor and Council Members Harvey and White were
absent.)
BUDGET-UTILITIES-TAXES-WATER DEPARTMENT-SEWERS AND
STORM DRAINS-FLOOD REDUCTION/CONTROL PROJECT: The City
Manager submitted a written report with regard to
appropriations of utility tax revenue to the Roanoke
River Flood Reduction Project account.
(For full text, see report on file in the City Clerk's
Office.) ~
Mr. Fitzpatrick moved that action on the budget
ordinance be deferred until the next regular meeting of
Council on Monday, June 24, 1991. The motion was
seconded by Mrs. Bowles and adopted.
SEWERS ANDSTORMDRAINS-WATER DEPARTMENT: The City
Manager submitted a written report concurring in a report
of a bid committee with regard to purchase of water and
sewage treatment chemicals for fiscal year 1991-92.
Tne DIU committee recommended that Council accept
the lowest responsible bids meeting specifications and
authorize issuance of purchase orders for water and
sewage treatment chemicals for the period of July 1,
1991, through June 30, 1992, as follows; and reject all
other bids received by the City.
Standard Ground Alum - to Prillaman Chemical
Corporation, in.the amount of $234.40 per ton.
Liquid Chlorine - to Jones Chemicals, Inc., in
the amounts of $17.66 per cwt for 150 pound
cylinders and $5.702 per cwt for 2,000 pound
cylinders.
Sodium Silico Fluoride - to Prillaman Chemical
Corporation, in the amount of $25.80 per cwt.
Liquid Alum - General Chemical Corporation, in
the amount of $.350271 per gallon.
536
ACTION:
Sulfur Dioxide - to Jones Chemical, Inc., in
the amount of $390.00 per ton.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Bowers offered the following Resolution:
(#30564-61791) A RESOLUTION accepting the bids of
various bidders to the City for furnishing and delivering
water and sewage treatment chemicals and rejecting all
other bids made to the City.
(For full text of Resolution, see Resolution Book No. 52.
page 391.)
Mr. Bowers moved the adoption of Resolution No.
30564-61791. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
and Vice-Mayor Musser- 4.
NAYS: None 0.
(Mayor Taylor and Council Members Harvey and White were
absent.)
WATER DEPARTMENT: The City Manager submitted a
written report concurring in a report of a bid committee
with regard to supplying ductile iron water pipe for the
perloa oz du~y 1, l~l, through dune so, ~z.
The bid committee recommended that Council accept
the lowest responsible bid as submitted by Griffin Pipe
Products Company, to supply ductile iron water pipe for
the period of July 1, 1991, through June 30, 1992, for
the total bid price of $257,801.00, based on estimated
quantities; and reject all other bids received by the
City.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Fitzpatrick. offered the following Resolution:
537
ACTION:
ACTION:
(#30565-61791) A RESOLUTION accepting the bid of
Griffin Pipe Products Company, Inc., made to the City for
furnishing and delivering ductile iron water pipe; and
rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 52,
page 392.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30565-61791. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
and Vice-Mayor Musser ............ 4.
NAYS: None 0.
(Mayor Taylor and Council Members Harvey and White were
absent.)
DIRECTOR OF FINANCE:
BUDGET-GRANTS: The Director of Finance submitted a
written report with regard to the close-out of Community
Development Block Grant Year (B-88-MC-51-0020).
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that action on the budget
ordinance be deferred until the next regular meeting of
Council on ~u~du¥, aune z~, 1~. %'ne mo=ion was
seconded by Mrs. Bowles and adopted.
CITY ATTORNEY:
SEWERS AND STORM DRAINS-LEGISLATION: The City
Attorney submitted a written report advising that at the
Council meeting on Monday, May 20, 1991, Council was
briefed with respect to the federally mandated Stormwater
Discharge Program; that the initial survey and permit
phase of the program alone will cost the City over
$200,000.00, and ultimate compliance costs are unknown at
this time but could run into the hundreds of thousands or
even millions of dollars. Therefore, in accordance with
Council's request, he transmitted a measure expressing
Council's concern over and opposition to continuing
excessive federal mandates without funding.
(For full text, see .report on file in the City Clerk's
Office.)
538
ACTION:
Mrs. Bowles offered the following Resolution:
(#30566-61791) A RESOLUTION expressing concern
over and opposition to continuing excessive federal
mandates without funding.
(For full text of Resolution, see Resolution Book No. 52,
page 392.)
Mrs. Bowles moved the adoption of Resolution No.
30566-61791. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
and Vice-Mayor Musser ...... 4.
NAYS: None --0.
(Mayor Taylor and Council Members Harvey and White were
absent.)
REPORTS OF COMMITTEES:
BUDGET-CITIZENS SERVICES COMMITTEE: Mr. James D.
Ritchie, Chairman, Citizens Services Committee, presented
a written report on behalf of the Committee with regard
to funding for qualified agencies for fiscal year 1991-
92.
It was advised that the budget of the Citizens
Scrvi,~. C ...... ......... itt .... ~ ~o~,~ol,=u-' -' ' ' ~¥ Cuu.iuil, pa~&~ant
to Ordinance No. 30515-51390, by which the General Fund
budget for fiscal year 1991-92 was adopted on May 13,
1991; that requests from 29 agencies were received, in
the amount of $555,166.51; that individual study of each
application was made by Committee members, and public
hearings were held on April 10 through 12, 1991, to
consider the requests and hear applicants; and agencies
were notified of tentative allocation recommendations and
advised that they could appeal the Committee's tentative
recommendations.
It was further advised that the budget for fiscal
year 1991-92 approved by Council for the Citizens
Services Committee provides for the same funding as
allocated in fiscal year 1990-91; that total funds
available for allocation in fiscal year 1991-92 is
$285,000.00; and performance audits are conducted for
each agency receiving funds through the Committee to
evaluate the effectiveness and efficiency of funded
programs.
539
The following was provided for Council's
information:
The Citizens Services Committee requests that
$8,000.00 be transferred to the Director of
Human Resources budget, upon approval of
Council to cover monitoring expenses.
Agencies are requested to submit a budget by
objective and activity when applying for funds
through the Citizens Services Committee.
A schedule attached to the report shows
recommended funding for allocation to the
various agencies.
The deliberations of Committee recommendations
are contained in minutes of meetings on file
with the City Clerk.
Appeals of Committee recommendations, as
provided by Council policy, were received
after notification to each agency of its
tentative recommended allocation. One appeal
was filed and heard on May 22, 1991, as
follows:
Roanoke Museum of Fine Arts
requested an appeal to secure an
additional $250.00 for scholarships,
and $300.00 for materials for a
summer artcamps proposal.
The Committee recommends payment of $20.00 per
day to Bethany Hall for Roanoke City
residents, up to a maximum of $5,000.00.
The Committee recommends that $22,600.00 be
allocated to The Salvation Army and that a
contract be executed with The Salvation Army
for provision of services to City citizens
under the Homeless Housing Program and/or
Abused Women's Shelter.
The Committee recommends that $22,000.00 be
allocated to Unified Human Transportation
Systems, Inc., (RADAR) through Valley Metro in
order that Valley Metro may receive credit for
providing transportation to the handicapped.
The following recommendations were submitted by the
Citizens Services Committee for consideration by Council:
540
ACTION=
Council concur with the funding of agencies in
the amounts recommended as indicated on a
schedule attached to the report.
Council authorize the Chairman of the Citizens
Services Committee and the Director of Finance
to not release funds to any agency until
objectives, activities, and other reasonable
requests of the monitoring staff are submitted
and accepted.
Transfer $285,000.00 from the Citizens
Services Committee, Account No. 001-054-5220-
3700, to new line items to be established
within the Citizens Services Committee budget
by the Director of Finance.
Authorize the City Manager, or his designee,
to negotiate a contract for $22,600.00 with
The Salvation Army for the provision of
services to City citizens under the Homeless
Housing Program and/or Abused Women's Shelter.
Council will be asked to authorize the
execution of the contract after it has been
negotiated.
The City Manager submitted
concurring in the recommendations
Services Committee.
a written report
of the Citizens
,~-~ ~,,] 1 ~.~.~t. s~e reports on file in the City Clerk's
6 ice.)
Mr. Bowers advised that Roanoke City has a big heart
and does more than its share in providing benefits to
human service organizations. He stated that not one
person in the City of Roanoke would begrudge these
agencies one dime of what is appropriated for them,
however, out of the 20 plus organizations, ten are not
funded in any way by Roanoke County which caused great
concern to him as one Member of Council. He explained
that he would support the recommendation of the Citizens
Services Committee for this year, but it was the last
year he would support funding because human service
agencies need to be placed on notice that it is encumbent
upon them to appeal to other Jurisdictions in the Roanoke
Valley for funding.
Mr. Fitzpatrick moved that the budget ordinance be
deferred until the next regular meeting of Council on
Monday, June 24, 1991. The motion was seconded by Mrs.
Bowles and adopted.
541
ill
ACTION:
ACTION
ACTION:
Mr. Fitzpatrick offered the following Resolution:
(#3056?-61791) A RESOLUTION concurring in the
recommendations of the Citizens' Services Committee for
allocation of City funds to various nonprofit agencies.
(For full text of Resolution, see Resolution Book No. 52,
page 393.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30567-61791. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
and Vice-Mayor Musser ...... 4.
NAYS: None- 0.
(Mayor Taylor and Council Members Harvey and White were
absent.)
Mr. Bowers moved that the report of the City Manager
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted.
AUDIT COMMITTEE: Council Member David A. Bowers,
Chairman of the Audit Committee, presented minutes of the
meeting which was held on Monday, June 3, 1991, advising
of the following actions:
Mr. Robert H. Bird. Municipal Auditor.
introduced a new Auditor, Ms. Michelle R.
Jones, to the Audit Committee.
Received and filed the KPMG Peat Marwick
June 30, 1991 Audit Plan as presented by Mr.
T. Douglas McQuade, KPMG Peat Marwick.
Received and filed the Municipal Audit Annual
Audit Plan as presented by the Municipal
Auditor.
Received and filed the report on leases of
City-owned property.
(For full text, see minutes on file in the City Clerk's
Office.)
Mr. Bowers moved that the minutes be received and
filed. The motion Was seconded by Mr. Fitzpatrick and
adopted.
542
ACTION:
ACTION:
BUDGET-STREETS AND ALLEYS: A report of a committee
appointed by the Mayor to tabulate bids received for
bituminous concrete overlays and pavement profiling of
various streets within the City, was before Council.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Bowers requested that the City Manager indicate
specifically why Memorial Avenue, S. W., was not included
on the list of streets to be paved, sites as well as an
indication of when Memorial Avenue will be paved.
The City Manager advised that it is the duty of the
Traffic Engineer to adhere to a system of grading for
road pavement. He stated that based on the City's
grading system, it appears that the section of Memorial
Avenue referred to by Mr. Bowers will work its way up on
next year's street paving list. He advised that when
Council considers his report regarding street paving at
the next regular meeting on Monday, June 24, 1991, he
would provide a written response to Mr. Bowers' inquiry.
Mr. Fitzpatrick moved that action on the reports be
deferred until the next regular meeting of Council on
Monday, June 24, 1991. The motion was seconded by Mrs.
Bowles and adopted.
BUDGET-PARKS AND RECREATION-ARMORY/STADIUM-
LIBRARIES: A report of a committee appointed by the
Mayor to tabulate bids received for 1991 roof projects at
the Parks and Recreation Gymnasium, National Guard
Armory, Williamson Road Library, Raleigh Court Library,
and Mill Mountain Caretaker's House, was before Council.
The City Manager submitted a written report
concurring in the recommendations of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that action on the reports be
deferred until the next regular meeting of Council on
Monday, June 24, 1991. The motion was seconded by Mrs.
Bowles and adopted.
543
ii
ACTION:
ACTION:
JUVENILE DETENTION HOME: A report of a committee
appointed by the Mayor to tabulate bids received for
construction of the Crisis Intervention Center and other
related work, was before Council.
The City Manager submitted a written report
concurring in the reco~unendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that action on the reports be
deferred until the next regular meeting of Council on
Monday, June 24, 1991. The motion was seconded by Mrs.
Bowles and adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ACTS OF ACKNOWLEDGEMENT-CIRCUIT COURT: Mr. Bowers
offered the following Resolution recognizing and
commending the meritorious service rendered to the City
of Roanoke and its citizens by The Honorable Patsy
Testerman, Clerk of the Circuit Court:
(#30568-61791) A RESOLUTION recognizing and
commending the meritorious service rendered to this City
and its people by The Honorable Patsy Testerman, Clerk of
Circuit Court.
(For full text of Resolution, see Resolution Book No. 52,
page 394.)
Mr. Bowers moved the adoption of Resolution No.
30568-61791. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
and Vice-Mayor Musser- 4.
NAYS: None 0.
(Mayor Taylor and Council Members Harvey and White were
absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE VICE-MAYOR AND
MEMBERS OF CITY COUNCIL.
544
ACTS OF ACKNOWLEDGEMENT: The Vice-Mayor welcomed
participants of the Roanoke Times & World-News Minority
Journalism Workshop.
CITY EMPLOYEES:' Mrs. Bowles offered the following
Resolution establishing Friday, July 5, 1991, as a City
holiday for certain employees for this calendar year
only:
(#30569-61791) A RESOLUTION establishing Friday,
July 5, 1991, as a City holiday for certain employees for
this calendar year only.
(For full text of Resolution, see Resolution Book No. 52,
page 395.)
ACTION:
Mrs. Bowles moved the adoption of Resolution No.
30569-61791. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick,
and Vice-Mayor Musser ........ .4.
NAYS: None ....... 0.
(Mayor Taylor and Council Members Harvey and White were
absent.)
OTHER HEARINGS OF CITIZENS: NONE.
There beinq no further
d~ui~rea the meeting adjourned at 3:00 p.m.
APPROVED
ATTEST:
City Clerk
Vice-Mayor
545
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
June 24, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
June 24, 1991, at 2:00 p.m., the regular meeting hour, with Mayor
Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., James G. Harvey, II, Howard E. Musser, William
White, Sr., David A. Bowers and Mayor Noel C. Taylor .... 7.
ABSENT: None 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger, Director
of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Troy
Webb, Pastor, Glad Tidings Assembly of God Church.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT: Council Member David A.
that was presented to him on behalf of the City of
Roanoke at the Evrytanian Association of America National
Convention Banquet which was held on June 16, 1991, at
the Holy Trinity Greek Orthodox Church.
CONSENT AGENDA:
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to a request for an Executive Session
to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council.
546
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A (1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ......... 7.
NAYS: None
COMPLAINTS-POLICE DEPARTMENT: A report of the City
Manager in connection with concerns expressed by Mr.
Ren T. Heard, 1306 Salem Avenue, S. W., regarding
criminal activity, disruptive behavior and police methods
of patrol in his neighborhood, was before Council.
The City Manager advised that at the regular meeting
-. --= , .... , ,.~. n=uru uppeareO before
Council with regard to the abovementioned concerns and
requested that a black police officer be assigned to
serve his neighborhood tn order to strengthen
police/community relations in the Hurt Park area; that
two of the four officers regularly assigned to the area
during daylight and early evening hours are black
officers and their present assignment will continue; that
in addition, a black officer lives in the immediate area;
and the Police Department is currently exploring
alternative methods of patrol in this and other areas of
the City to more effectively address crime and drug-
related problems and to improve community relations.
547
ACTION:
The City Manager pointed out that the Chief of
Police has talked with Mr. Heard about the issues which
were brought before Council; that Mr. Heard is aware
improvements, as well as continued police focus on the
area; and the City Manager's Office, through the Police
Department and other City resources, will continue to
work with Mr. Heard and responsible citizens of the
neighborhood to improve conditions.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the report be received and
filed. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None 0.
STREETS AND ALLEYS: A report of the City Manager
transmitting information requested by Council Member
David A. Bowers with regard to the schedule for repaying
Memorial Avenue, S. W., between Grandin Road and 13th
Street, was removed from the Consent Agenda to be
considered along with item 6.b. which is a report of the
committee appointed to tabulate bids received by the City
for bituminous concrete overlays and pavement profiling
of various streets within the City.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-CITY JAIL-SHERIFF: Council at its regular
meeting on Monday, June 17, 1991, having deferred action
on a request of the Honorable W. Alvin Hudson, Sheriff,
for an appropriation of funds in connection with
continuation of a staffed adult educational program for
the Roanoke City Jail, the matter was again before the
body.
The Sheriff advised that in 1987, Governor Baliles
initiated a Literacy'Program for inmates incarcerated in
the Virginia Department of Corrections which was intended
to reduce recidivism among inmates by encouraging inmates
to obtain a G.E.D. level of education and thereby
increase their ability to obtain Jobs once released from
548
ACTION:
ACTION:
custody; and for the past three years the Roanoke City
Jail has received grant funds to employ a part-time
teacher necessary to provide such educational program.
It was further advised that the Roanoke City Schools
has requested and received approval for continued funding
of the abovedescribed educational program for fiscal year
1991-92; this "institutionalized adult plan" request was
submitted as a part of the Annual Program Application for
adult education under the State Adult Literacy and Adult
Education Act.
The Sheriff recommended that Council authorize the
Director of Finance to increase the revenue estimate for
fiscal year 1991-92 by $16,666.66 and appropriate said
amount to Personal Services, Temporary Employee Wages and
FICA in the Grant Fund ($15,000.00 in federal funds and
$1,666.66 in local cash match to be paid by the Roanoke
City Jail's Canteen Fund).
(For full text, see communication on file in the City
Clerk's Office.)
The City Manager submitted a written report
concurring in the recommendation of the Sheriff.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency budget
Ordinance=
(#30570-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 395.)
Mr. Bowers moved the adoption of Ordinance No.
30570-62491. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ........ 7.
NAYS: None 0.
Mr. Bowers moved that the report of the City Manager
be received and filed. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
549
ACTION=
BUDGET-CITY JAIL-SHERIFF: Council at its regular
meeting on Monday, June 17, 1991, hawing deferred action
on a budget ordinance in connection with a report of the
Honorable W. Alvin Hudson, Sheriff, recommending that the
City Manager be authorized to execute a grant agreement
with the Virginia Department of Criminal Justice Services
and a Customer Incentive Agreement with Abbott
Laboratories, in connection with continuation of the
Roanoke City Pretrial Services Program, and transfer of
certain funds therefor, the matter was again before the
body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
Ordinance:
(#30571-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 396.)
Mr. Musser moved the adoption of Ordinance No.
30571-62491. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White. Bowers and Mavor Taylor ..... 7.
NAYS: None 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY CODE-ANIMALS: The City Manager submitted a
written report advising that Mr. James M. Brickey
appeared before Council at its meeting on Monday,
June 13, 1988, and requested that Council consider the
regulation of cats with respect to infringement on the
property of other citizens; and Council referred the
matter to the City Manager for a report and
recommendation, and to the City Attorney for an opinion
with respect to legal issues relative to the regulation
of cats.
55O
It was further advised that the Humane Society of
the United States, in response to the City's inquiry, is
of the opinion that all companion animals should be under
the control of their owners at all times, and pet owners
should be held liable and responsible for the actions of
their animals; that the Humane Society suggests that the
City consider enacting an ordinance which will hold pet
owners responsible for the actions of their animals,
including damages from digging in another's yard, and
using another's yard as a litter box, etc. It was noted
that such an ordinance would satisfy both citizens with
valid complaints and pet owners alike, as well as serve
to protect pets, and allow the City to enforce owner
responsibility.
It was explained that a draft ordinance was prepared
after several meetings with representatives of the SPCA,
Roanoke Organization for Animal Rights, Star City Cat
Fanciers, and several private citizens participating as
victims of cat owners, fanciers of cats and owners who
operate catteries; that an administrative public hearing
was held on December 13, 1990, and comments of citizens
and organizations were heard, recorded, and considered,
resulting in two substantive changes to the draft
ordinance; viz: exceptions for catteries and addition of
a "public nuisance" provision.
The City Manager recommended that Council amend the
Code of the City of Roanoke, 1979, as amended, bv
_ . -- - =-.~vo=d o~di,,~u~ which will include cats
as an animal regulated by the Animal Control Ordinance
and limit the number'of cats that may be kept in an area
zoned for residential use to four, except that a total of
six cats may be permitted if each of the six has been
spayed or neutered, and to provide a method of
impoundment for cats seized for creation of a public
nuisance or otherwise being in violation of said
ordinance, effective August 1, 1991.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency
ordinance:
(#30572-62491) AN ORDINANCE amending and
reordaining Chapter 6, Animals and Fowl, Code of the City
of Roanoke (1979), as amended, by the addition of a new
Article VII, Cats, consisting of SS6-115, Definitions; 6-
116, Lim~tations on keeping; 6-117, Vaccination of cats;
6-118, Damage caused by cats; 6-119, Impoundment; and 6-
120, Violation of Article as nuisance; such new Article
551
ACTION:
ACTION:
providing for regulations with respect to the keeping of
cats, civil liability for damages caused by cats,
impoundment of cats found in violation of Article and
establishing penalties and a public nuisance offense with
respect to cats found in violation; establishing an
effective date, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 397.)
Mr. Harvey moved the adoption of Ordinance No.
30572-62491. The motion was seconded by Mrs. Bowles.
Inasmuch as numerous persons had requested time to
address the Council, Mr. Harvey moved that each speaker
be requested to limit his or her remarks to three minutes
in duration. The motion was seconded by Mr. Fitzpatrick
and adopted.
Ms. Patricia M. Gathercole, Secretary, Star City Cat
Fanciers of the Roanoke Valley, appeared before Council
and stated that many of the members of her organization
own show cats and even though they do not breed cats,
they have more than four cats at any one time, advising
that if one is engaged in showing cats and traveling to
various states, it is necessary to own more than four
cats. She explained that show cats are indoor animals
which do not bother any one, that hundreds of thousands
of dollars are paid for show cats and they bring
publicity to the Roanoke area. She advised that by
setting numbers, Council will penalize those citizens who
snow cats ana x~ seems mos~ uni~i~ Lu ~=,,ali~ ~=~un~
who have paid large sums of money for their cats simply
because other persons have experienced unpleasant
incidents.
Ms. Beverly Taylor, 1215 Buena Vista Boulevard,
S. E., advised that for many years she has taken in stray
cats in an effort to find homes and if she is unable to
find homes, she adopts the cats. She stated that she is
a responsible cat owner; that her cats have been neutered
and if the ordinance under consideration is adopted, she
will no longer be in a position to take in stray cats.
She pointed out that she has eight cats and if the
ordinance is enacted as written, she would have to get
rid of two.
Ms. Lenora V. Williams, 1218 6th Street, S. E.,
called attention to problems with cats such as odor and
other unsanitary conditions. She stated that she knows
what it is like to live next door to a pet owner who had
15 cats. She explained that provisions of the ordinance
552
might be difftcult for some persons to understand, but it
is unfair for citizens to be forced to tolerate certain
conditions that exist as a result of individuals who are
not responsible pet owners.
Ms. Llnda S. Greene, 2152 Mountain View Terrace,
S. W., called attention to unsanitary conditions which
exist at a house on Chesterfield Avenue across the street
from her residence where the owner has in excess of 100
cats. She stated that her problem is not with the number
of cats, but with the odor and existing unsanitary
conditions. She pointed out that people in her
neighborhood cannot enjoy the outside of their homes
because of the odor from the house on Chesterfield
Avenue, advising that she sympathizes with people who
have numerous cats and love and care for them, however,
persons who are experiencing problems should not be
expected to tolerate adverse conditions simply because
some people are not responsible pet owners.
Mr. Frank H. Ewald, 2148 Mountain View Terrace,
S. W., advised that the number of cats per household has
nothing to do with his appearance before Council,
however, his appearance pertained to the quality of life
that does not exist on Chesterfield Avenue, Mountain View
Terrace and Berkley Avenue, S. W., because of unsanitary
conditions as a result of the cat population. He stated
that residents have tried repeatedly to talk with the
individuals who reside in the house on Chesterfield
Avenue who own in excess of 100 cats, but they will not
Q,,~w=~ uh~ Uoor or respond to letters; therefore,
inasmuch as residents have been unable to deal with the
problem on a neighborhood basis, they had no choice but
to come to Council for assistance.
Ms. Gladys C. Garner, 1013 Gardens Road, S. W.,
advised that she has been a cat breeder for over 20
years, and since 1971, she has paid sales taxes on all of
her cats. She stated that in order to breed cats, it
costs $330.00 to raise a kitten to the age of 12 weeks,
therefore, if a breeder does a good Job, he or she will
not make a profit. 'She commented that she would be in
favor of all people keeping their cats indoors because
cats need a considerable amount of care and attention.
Mr. Albert M. Smith, 1001 Chesterfield Street,
S. W., advised that if people can afford to spend large
sums of money for cats, they should be responsible pet
owners. He called attention to a disease that can be
transmitted through cat feces which can be harmful to
pregnant women, cause cancer and affect the nervous
system. He added that when people in his neighborhood
553
ACTION:
entertain out of town guests, it does not project a good
image for the City when guests have to be subjected the
unsanitary conditions that exist as a result of larger
numbers of cats.
Mr. David Bourhlll, 218 Beech Street, N. W., advised
that his main concern with the proposed ordinance is the
reference with regard to cats running at large. He
stated that he owns both indoor and outdoor cats and it
is not practical to keep his cats inside the house 24
hours a day. He explained that his cats wander within a
radius of one block from his home and expressed concern
that they could be picked up and sent to the SPCA and put
to sleep before he can retrieve them.
Mr. K. W. Dudley, representing his mother who
resides at 1009 Chesterfield Street, S. W., stated that
his mother's home is located next door to the house whose
occupants own in excess of 100 cats. He called attention
to complaints that have been made by Appalachian Power
Company and the U. S. Postal Service as a result of
unsanitary conditions, however, nothing has been done to
correct the situation. He stated that his mother's home
is assessed for real estate purposes at approximately
$50,000.00, but it is doubtful that she could get
$25,000.00 for the house because of existing conditions.
Mr. Jack G. Varner, 2416 Alberta Avenue, S. W.,
advised that he has raised cats for 31 years. He called
attention to conditions that exist along Chesterfield
Street with regard to odor, yards that are overorown with
grass and weeds, and garbage cans along the streets, all
of which are conducive to rats. He stated that if there
are rats in the neighborhood, cats will help to alleviate
the problem.
Ms. Dawn Hale, 418 Chestnut Street, Vinton,
Virginia, advised that the pet population has reached
epidemic proportions worldwide. She stated that the
ordinance under consideration is too permissive by
allowing a person to own four breeding animals. She
explained that responsible pet owners spay and neuter
their animals and advised that a law should be enacted
which places the responsibility of unwanted lives on the
pet owner by requiring mandatory spaying and neutering.
Following discussion with regard to mandatory
spaying, neutering and altering, the definition of a
cattery, and questions and conmlents by the Mayor and
Members of Council, Ordinance No. 30572-62491 was adopted
by the following vote:
554
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None 0.
At 3:15 p.m., the Mayor declared the meeting in
recess.
At 3:25 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
BUDGET-CONSULTANTS REPORTS-VIRGINIA TECH-HOTEL
ROANOKE/CONFERENCE CENTER: Council at its regular
meeting on Monday, June 17, 1991, having deferred action
on a budget Ordinance in connection with a report of the
City Manager with regard to The Hotel Roanoke/Conference
Center Project, transmitting the following
recommendations, the matter was again before the body.
Authorize the City Manager to enter into a
contract with Classic Properties of Virginia,
Inc., and Virginia Tech Real Estate Foundation
to do the pre-construction phase of
construction management activities on the
Conference Center, at a cost of $43,000.00.
Classic Properties will make a request to the
Conference Center Commission, if and when it
is established, that it be reimbursed for
$22,000.00, if and when it signs a
construction management contract with the
Hotel Roanoke Commission. The $43,000.00 cost
will be split between Virginia Tech Real
Estate Foundation and the City of Roanoke.
Maximum cost to the City is $21,500.00.
Authorize the City Manager to enter into a
contract with Perez Architects and Virginia
Tech Real Estate Foundation for $67,000.00 for
the schematic design phase on the Conference
Center, the cost to be shared between the
Virginia Tech Real Estate Foundation and the
City of Roanoke. Maximum cost to the City is
$33,500.00.
Authorize the City Manager to enter into a
contract with Coopers &Lybrand to conduct its
share of market feasibility work on the
Conference Center, at a maximum cost to the
City of $14,950.00.
555
i
ACTION:
Appropriate $75,000.00 from Contingency
Reserve, Account No. 001-002-9410-2199, to
existing Conference Center Capital, Account
No. 008-002-9653-9055. This total includes an
additional $5,050.00 for other support costs
such as mapping and borings.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30573-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General and Capital Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 399.)
Mr. Harvey moved the adoption of Ordinance No.
30573-62491. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None' 0.
BUDGET-WORKERS' COMPENSATION-CITY EMPLOYEES: The
~{~ Man~ m,hm{~ ~ ~~n ~rt advi~ina that
Wor~ers' 6ompensation is defined as-"exclusive ~emedy
under law for all covered employees for compensating
injuries and occupational diseases arising in the course
of and within the scope of employment:" that funds are
budgeted each fiscal year to cover anticipated Workers'
Compensation liability ($300,000.00 for wages and
$300,000.00 for medical payments); that the City is
entirely self-insured for Workers' Compensation
liability; that the budget appropriation for Workers'
Compensation is based on the prior years' history; and
during fiscal year 1989-90, medical payments for Workers'
Compensation totalled $236,606.00.
It was further advised that funding to cover fiscal
year 1990-91 Workers' Compensation medical liability is
inadequate; that the account has a projected shortfall of
$65,429.00 for fiscal year 1990-91; that as of May 28,
1991, $92,071.73 was billed to the City for a serious
accident that occurred during fiscal year 1990-91; that
accidents of this severity do not usually occur annually;
556
ACTION:
that increased medical cost of physicians and medical
treatments relative to work relative claims also resulted
in higher Workers' Compensation expenses; that total cost
for medical expenses is anticipated to be $412,738.00 for
fiscal year 1990-91; and all except $65,249.00 will be
covered by the $300,000.00 budgeted in the Workers'
Compensation Medical Account and a transfer of $47,489.00
from the Workers' Compensation Wage Account.
The City Manager recommended that Council authorize
the Director of Finance to transfer $65,249.00 from the
Contingency Reserve Fund, Account No. 001-002-9410-2199,
to Workers' Compensation Medical, Account No. 001-050-
3113-1140, to provide sufficient funds for Workers'
Compensation medical payments for the remainder of fiscal
year 1990-91.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30574-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 400.)
Mr. wnl~e moved ~he adupLiu, u£ v~di.. '-~ ~ ~n~&-
62491. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ........ 7.
NAYS: None-
e
BUDGET-EMERGENCY MEDICAL SERVICES: Council at its
regular meeting on Monday, June 17, 1991, having deferred
action on a budget ordinance in connection with a report
of the City Manager recommending renewal of the contract
with Health East, Inc., to provide a billing and
collection service for Emergency Medical Services, for
the period July 1, 1991 through June 30, 1993, and
appropriation of funds therefor, the matter was again
before the body.
(For full text, see report on file in the City Clerk's
Office.)
557
ACTION:
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30575-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 400.) ' -
Mr. Fitzpatrick moved the adoption of Ordinance No.
30575-62491. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None 0.
BUDGET-UTILITIES-TAXES-WATER DEPARTMENT-SEWERS AND
STORM DRAINS-FLOOD REDUCTION/CONTROL PROJECT: The City
Manager submitted a written report advising that the
local sponsor cash contribution for the Roanoke River
Flood Reduction project is estimated at $2,758,000.00,
pursuant to communication under date of June 29, 1990,
from the U. S. Army Corps of Engineers; that in addition
to local cash contributions, the City is responsible for
all land and easement acquisition and for a percentage of
construction; that $406,000.00 plus $3,350.00 for the
expense of establishing a letter of credit was
August 13, 1990; and a Letter of Credit, or establishment
of escrow accounts, may be used for cash drawdown rather
than sending cash all at once.
It was further advised that Phase II contract of the
Flood Reduction Project, namely Flood Proofing of the
Sewage Treatment Plant, is expected to be awarded during
June or July, 1991, with the City's local sponsor share
expected to be approximately $25,000.00; and $375,000.00
in revenue collected in excess of the estimate from the
designated two per cent utility tax increase for the
Flood Reduction Project should be appropriated to a
Capital Fund Projects account.
The City Manager recommended that Council take the
following actions:
558
ACTION:
Appropriate and increase revenue estimate by
$375,000.00 for the utility tax for the year
ending June 30, 1991, to transfer to the
Capital Projects Fund, Account No. 001-004-
9310-9508.
Appropriate $350,000.00 to the Capital
Projects Fund to Account No. 008-056-9652-
9003, Local Cash Match, Roanoke River Flood
Reduction.
Appropriate $251000.00 in the Capital Projects
to a new account to be established by the
Director of Finance entitled, Roanoke River
Flood Reduction Phase II.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30576-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General and Capital Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 401.)
Mrs. Bowles moved the adoption of Ordinance No.
30576-62491. The motion was seconded by Mr. FltzpatrlcK
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ......... 7.
NAYS: None 0.
GRANTS-SOUTHWEST VIRGINIA COMMUNITY DEVELOPMENT
FUND: The City Manager submitted a written report
advising that Counqil authorized the third year of
funding for the Western Virginia Revolving Loan Fund as
a part of the Community Development Block Grant (CDBG)
application on May 13, 1991, pursuant to Resolution No.
30508-51391; and the City has received HUD approval of
the CDBG application pursuant to communication under date
of June 19, 1991.
559
ACTION=
It was further advised that the Western Virginia
Revolving Loan Fund is a project operated by Southwest
Virginia Community Development Fund to provide low
interest loans to small businesses in greater northwest
Roanoke and industrial areas of the City for creation of
Jobs; that local matching funds necessary for the program
are provided by $20,000.00 in fiscal year 1992 CDBG
funds, plus $25,996.00 in CDBG funds from fiscal year
1991, and will leverage a minimum of $516,956.00
additional funds from various sources for small
businesses in the Roanoke area; and an administrative
agreement between the City of Roanoke and the Southwest
Virginia Community Development Fund is necessary in order
for funds to be disbursed for business loans.
The City Manager recommended that he be authorized
to execute an agreement with the Southwest Virginia
Community Development Fund for administration and
implementation of the Western Virginia Revolving Loan
Fund.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
(#30577-62491) A RESOLUTION authorizing the
execution of a written agreement with the Southwest
Virginia Community Development Fund for implementation
and administration of the Western Virginia Revolving Loan
Development Block Grant (CDBG)=funds for the purpose, fo~
the period beginning July 1, 1991, and ending June 30,
1992.
(For full text of Resolution, see Resolution Book No. 52,
page 402.)
Mr. White moved the adoption of Resolution No.
30577-62491. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None 0.
56O
GRANTS-TOTAL ACTION AGAINST POVERTY IN ROANOKE
VALLEY, INC. t The City Manager submitted a written
report advising that the former Kroger building, located
at 1916 Orange Avenue, N. W., has been closed and vacant
since October 1985, leaving a predominantly low and
moderate income neighborhood without essential grocery
services; that Total Action Against Poverty In Roanoke
Valley, Inc. (TAP) has been working with City staff since
that time to get a full-service grocery store reopened on
the site; and Council originally approved $85,000.00 of
Community Development Block Grant (CDBG) funding for the
Northwest Supermarket at 19th Street and Melrose Avenue,
N. W., as a part of the fiscal year 1990 CDBG budget,
pursuant to Resolution No. 29512 adopted on April 12,
1989.
It was further advised that Council re-affirmed its
support for the supermarket project by approving
continued allocation of funds, in the amount of
$85,000.00, to the project as a part of the fiscal year
1992 CDBG program, pursuant to Resolution No. 30508-51391
adopted on May 13, 1991.
It was explained that TAP received the deed to the
property from Kroger on September 25, 1990; that five
local banks and the Southwest Virginia Community
Development Fund have committed to provide loans for the
cost of renovating and equipping the store; that a
grocery store chain has agreed to lease and operate the
building for ten years with a renewable lease; and TAP
has estaDlls~e~ a suDsl~iaryfor-profit corporation, the
19th and Melrose Corporation, to own the building and
control the supermarket project.
The City Manager recommended that he be authorized
to execute a grant agreement, subject to approval by the
City Attorney, with Total Action Against Poverty in
Roanoke Valley, Inc., and the 19th and Melrose
Corporation to contribute toward the renovation and
equipping of the grocery store at 1916 Orange Avenue,
N. W.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following Resolution:
561
ACTION:
(#30578-62491) A RESOLUTION authorizing the City
Against Poverty in Roanoke Valley, Inc., to provide for
the use of certain Community Development Block Grant
(CDBG) funds in connection with the equipping of the
grocery store at 1916 Orange Avenue, N. W.
(For full text of Resolution, see Resolution Book No. 52,
page 402.)
Mr. Musser moved the adoption of Resolution No.
30578-62491 The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, Bowers and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member White abstained from voting.)
GRANTS-HEALTH DEPARTMENT (MENTAL HEALTH SERVICES):
The City Manager submitted a written report advising that
Council authorized funding for the Adolescent
Detoxification program as a part of the 1991-92 Community
Development Block Grant (CDBG) application, pursuant to
Resolution No. 30508a51391, adopted on May 13, 1991; and
the City of Roanoke has received HUD approval of the CDBG
application by communication under date of June 19, 1991.
It was further advised that the project is proposed
By M-,tal Health Services of the Roanoke Valley to
initiate the Adolescent ue=oxifiuu~iu~l m£vg£a~ ~-~ "~'~
provide medical detoxification from alcohol and other
drugs for 13 low to moderate income adolescents, ages 12
to 17; that the activity is aimed at reducing the
incidence of youthful substance abuse and addresses
recommendations contained in a report prepared by the
City Manager's Drug Strategy Task Force entitled, Roanoke
at Risk; that fiscal year 1991-92 CDBG funds, in the
amount of $30,225.00, will be used to contract with a
private medical facility for the provision of adolescent
detoxiflcation services; and an administrative agreement
between the City and Mental Health Services of Roanoke
Valley ts necessary in order for funds to be obligated to
the project.
562
ACTION:
The City Manager recommended that he be authorized
to execute an agreement with Mental Health Services of
Roanoke Valley for the Adolescent Detoxification Program.
(For full text, see report on file In the City Clerk's
Office.)
Mr. Harvey offered the following Resolution:
(#30579-62491) A RESOLUTION authorizing the City
Manager to execute an Agreement with Mental Health
Services of Roanoke Valley to provide for the use of
certain Community Development Block Grant (CDBG) funds
for initiation of an Adolescent Detoxlftcation Program.
(For full text of Resolution, see Resolution Book No. 52,
page 403.)
Mr. Harvey moved the adoption of Resolution No.
30579-62491. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ............ 7.
NAYS: None. 0.
GRANTS-TOTAL ACTION AGAINST POVERTY IN ROANOKE
VALLEY, INC.: The City Manager submitted a written
report advising that'Council authorized funding for the
~! ~ct~n ~a~n~ ~uv~rty ~'~; ~us~omlzed Job
Training project as a part of the Community Development
Block Grant (CDBG) application, pursuant to Resolution
No. 30508-51391, adopted on May 13, 1991; and the City of
Roanoke has received HUD approval of the CDBG application
by communication under date of June 19, 1991.
It was further advised that the project is proposed
by TAP to provide customized job training for 60 low to
moderate income persons, with 41 job openings expected to
be filled; that TAP and three local businesses will work
together to develop the curricula for the comprehensive
Job training program, which will include both classroom
and on-the-job training; that fiscal year 1991-92 CDBG
funds, in the amount of $25,000.00, will leverage
$63,000.00 in additional monies from the Job Training
Partnership Act and in-kind donations of equipment; and
an administrative agreement between the City and TAP is
necessary in order for funds to be obligated to the
project.
563
ACTION'.
The City Manager recommended that he be authorized
to execute an agreement with TAP for the Customized Job
Training Program.
(For full text, see 'report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following Resolution:
(#30580-62491) A RESOLUTION authorizing the City
Manager to execute an Agreement with Total Action Against
Poverty in Roanoke, Valley, Inc., to provide for the use
of certain Community Development Block Grant (CDBG) funds
in connection with the Customized Job Training Program.
(For full text of Resolution, see Resolution Book No. 52,
page 403.)
Mrs. Bowles moved the adoption of Resolution No.
30580-62491. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, Bowers and Mayor Taylor--- 6.
NAYS: None 0.
(Council Member White abstained from voting.)
GRANTS-HOUSING-ROANOKE NEIGHBORHOOD PARTNERSHIP:
The City Manager submitted a written report advising that
Cuu~uii uuthor~z~d funu~ng zor the Lou~on Avenue New
Houses Project as a part of the Community Development
Block Grant (CDBG) ~pplicatton, pursuant to Resolution
No. 30508-51391, adopted on May 13, 1991; and the City of
Roanoke has received HUD approval of the CDBG application
by communication under date of June 19, 1991.
It was further advised that the project is proposed
by the Northwest Neighborhood Environmental Organization
(N~EO) to continue the revitalization process on Loudon
Avenue, N. W., and to provide low to moderate income
persons with an opportunity for homeownership; that the
Northwest Neighborhood Environmental Organization and a
local property owner will construct three single family
houses (two in the 800 block of Loudon Avenue, N. W., and
one in the 900 block), which, when completed, will be
sold to low to moderate income families; that fiscal year
1991-92 CDBG funds, in the amount of $23,225.00, for site
564
ACTION=
preparation work will leverage $120,000.00 in additional
monies for construction costs from the neighborhood
organization, a HUD Neighborhood Development
Demonstration Project grant and a bank loan; and an
administrative agreement between the City and the
Northwest Neighborhood Environmental Organization is
necessary in order for funds to be obligated to the
project.
The City Manager recommended that he be authorized
to execute an agreement with the Northwest Neighborhood
Environmental Organization for site work costs related to
construction of three single family houses on Loudon
Avenue, N. W.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following Resolution:
(#30581-62491) A RESOLUTION authorizing the City
Manager to execute an Agreement with the Northwest
Neighborhood Environmental Organization, Inc. (NNEO) to
provide for the use of certain Community Development
Block Grant (CDBG) funds for site preparation costs
related to construction of three single family dwellings
on Loudon Avenue, N. W.
(For full text of Resolution, see Resolution Book No. 52,
page 404.)
~- ~'~' ....... ....... ...-.,~ Lhe =dupLiun or Resolution No.
30581-62491. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor .......... 7.
NAYS: None
BUDGET-BUSES-GASOLINE, PIPE LINES, STORAGE TANKS,
FILLING STATIONS, ETC.: The City Manager submitted a
written report advising that Council at its December 17,
1990 meeting approved the award of a contract to W. E. L.
Enterprises, for the removal and proper disposal of seven
underground petroleum product tanks, in the amount of
$17,493.00, and 30 consecutive calendar days; and unit
prices were also a part of the bid form quoting the
following unit prices for removal and disposal of
contaminated soil:
565
Cost.. per cubic yard for contaminated soil
0 to 500 ppm * $185.00
500 to 2000 ppm 225.00
*ppm - parts per million
It was further advised that W.E.L. Enterprises
started removing the tanks during the second week in
February 1991; that during removal, tanks were discovered
to have leaked diesel fuel into the soil; that as
required by law, the Virginia State Water Control Board
was notified; that the contractor was instructed to
stockpile the contaminated soil on the west side of the
building and to protect surrounding areas as required by
State law; that approximately 1,500 cubic yards of
contaminated soil were required to be removed and
stockpiled; that all activities were documented and
reported to the State Water Control Board; and a fuel
tank within the building was removed without incident.
It was explained that one additional tank of 550
gal%on capacity was found on the west side of the
building while the tanks that were known to exist were
being removed and contained material that was analyzed by
Central Virginia Laboratories and Consultants and
classified as hazardous waste, which was documented,
reported and disposed of properly; that W.E.L.
Enterprises documented all findings and filed required
reports with the State Water Control Board; that the City
is waitinq determination by the State Water Control Board
on any further remedial action required for the site; and
the contractor has presented his final statement to the
City, as follows:
Unit prices on all of the bid forms varied
from $90.00 to $265.00 per cubic yard for
treatment of contaminated soil up to
2,000 ppm, with the average of seven
quotations being $168.57 per cubic yard.
Contamination level of the stockpiled soil (on
the west side of the building) is from 120 ppm
to a maximum of 7,825 ppm. The State Water
Control Board requires treatment of any soil
over 100 ppm.
1,500 cubic yards of contaminated soil was
removed and stockpiled on site and appropriate
reports were filed with the State Water
Control Board. Unit price of $225.00 per
566
ACTION:
cubic yard less $75.00 per cubic yard for not
hauling and properly disposing of contaminated soil
(1,500 cy x $150.00 = $225,000.00).
$75.00 per cubic yard has been reviewed and
substantiated by quotation from independent
sources. The total additional cost to
properly dispose of the contaminated soil is
$112,500.00 (1,500 cy x $75.00 = $112,500.00).
The City Manager advised that W.E.L. Enterprises has
completed the work under the contract, stockpiled all
contaminated soil as required by State regulations and
documented the portion of the unit price bid required to
haul and properly dispose of the stockpiled contaminated
soil; that the contractor is entitled to payment for work
performed to date; that the Commonwealth of Virginia has
set aside a portion of the gasoline tax to assist
municipalities in the removal and proper disposal of
petroleum related contamination of this nature; that
State Water Control Board representatives have indicated
that municipalities must submit to the State Water
Control Board "approved corrective actions" taken and
costs incurred; and the City is pursuing information
about the program and will return to Council for approval
in order to submit a request for reimbursement to the
State Water Control Board.
The City Manager recommended that he be authorized
to execute Change Order No. 1 to the contract with
upon unit prices as approved in the original contract;
and authorize the Director of Finance to transfer funds
to a capital project account entitled, Underground
Storage Tanks.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30582-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General and Capital Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 404.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30582-62491. The motion was seconded by Mr. Harvey and
adopted by the following vote:
567
AYES: Council Members Bowles, Fitzpatrick, Harvey,
I Musser, White, Bowers and Mayor Taylor .......... 7.
NAYS: None 0.
ACTION:
Mr. Harvey offered the following emergency
Ordinance:
(#30583-62491) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 1 to the City's
contract with W.E.L. Enterprises, for removal of
underground tanks at the former Valley Metro Garage; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 405.)
Mr. Harvey moved the adoption of Ordinance No.
30583-62491. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ...... 7.
NAYS: None- 0.
BUDGET-WATER DEPARTMENT: The City Manager submitted
a written report advising that Phase II Construction
Contract for the Falling Creek Water Treatment Plant was
approved by Council on June 25, 1990, in the amount of
$1,004,119.00, with Acorn Construction, Ltd.; and Change
..... i '' L .... 444
additional calendar days, was approved by Council on
June 3, 1991, bringing the total contract amount to
$1,010,563.00, with a completion date of August 18, 1991.
It was advised that a survey of all three City-owned
dams was conducted in late 1990 as required by the
Commonwealth of Virginia Department of Conservation and
Historic Resources, Division of Soil and Water
Conservation; that Carvins Cove Dam and Beaver Creek Dam
were found to be stable structures according to State
requirements; that Falling Creek Dam was determined to
need a new design for the spillway, and the dam was to be
sized on the basis of possible maximum flood and
downstream impact in case of such an occurrence.
It was explained that Hayes, Seay, Mattern &
Mattern, Inc., performed the survey of the three dams,
with the contract being extended to include the new
spillway design, which contract extension was approved by
Council on June 3, 1991; that the new spillway design was
568
approved by the Dam Safety Division of Soil and Water
Conservation and submitted to Acorn Construction, Ltd.,
for a quotation as an extension of the Falling Creek
Filter Plant renovations; and Acorn Construction quoted
a price of $67,800.00, with all work to be completed by
August 18, 1991, the same as the filter plant
construction.
The City Manager recommended that Council approve
Change Order No. 2 to the contract with Acorn
Construction, Ltd., to construct the Falling Creek
Spillway in order to meet requirements of the Dam Safety
Division of the Commonwealth of Virginia, in the amount
of $67,800.00, for a total contract amount of
$1,078,363.00, with all work to be completed by
August 18, 1991; and that 67,800.00 be appropriated from
Prior Years' Retained Earnings to Account No. 002-056-
8359-9065, to cover the cost of additional construction.
(For full text, see report on file in the City Clerk's
Office.)
ACTION:
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30584-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Water Fund
Appropriations, and providing for an emergency.
(For full t~Mt ~f Ordinance. R--- ~ed{n~n,, ~,n~ --^ --
page 406.)
Mrs. Bowles moved the adoption of Ordinance No.
30584-62491. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor .................. 7.
NAYS: None 0.
Mrs. Bowles offered the following emergency
Ordinance:
569
ACTION:
(#30585-62491) AN ORDINANCE approving the City
Manager's issuance of Change Order No. 2 to the City's
contract with Acorn Construction, Ltd., for renovation of
the Falling Creek Water Treatment Plant; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 406.)
Mrs. Bowles moved the adoption of Ordinance No.
30585-62491. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ......... 7.
NAYS: None ---0.
CITY CODE-TRAFFIC-POLICE DEPARTMENT: The City
Manager submitted a written report advising that Section
20-77, Parking Meter Zone~, of the Code of the City of
Roanoke (1979), as amended, authorize parking meter zones
and times and days of operation; that exempted from
enforcement are Saturdays, Sundays and 11 recognized
holidays, or the Friday preceding if the holiday falls on
Saturday, or Monday if the holiday falls on Sunday; and
Section 20-68, Time Limit, parking spaces is not
controlled by Section 20-77, and is therefore not exempt
from normal enforcement on holidays.
It was further advised that enforcement of time
]~mit parking zones on holidays has, on several
occasions, genera~eu public cr~t~m of the differential
treatment between parking meters and time limit zones;
that the driving public is confused about where they can
legally park free and without risk of penalty on
holidays; that holiday enforcement of time limit zones is
contrary to expectations of many drivers which creates
frustration and resentment against the City and downtown
Roanoke; and a request to exempt from enforcement "time
limit" parking spaces similar to parking meter zones on
the 11 recognized holidays has been submittedbyDowntown
Roanoke, Inc.
The City Manager recommended that Council amend the
City Code, as an emergency measure, in order that
exemption for time limit parking spaces will be in effect
on the upcoming Independence Day.
(For full text, see report on file in the City Clerk's
Office.)
57O
ACTION:
Mr. Bowers offered the following emergency
Ordinance:
(#30586-62491) AN ORDINANCE amending and
reordaining S20-68, Time limitations on parking, of the
Code of the City of Roanoke (1979), as amended, providing
an exemption for "time limit" parking spaces on the
streets and highways.of the City from normal enforcement
of parking regulations on those holidays as set forth in
§20-77 of this Code, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 407.)
Mr. Bowers moved the adoption of Ordinance No.
30586-62491. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Muss,r, White, Bowers and Mayor Taylor ........ 7.
NAYS: None
RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: The
City Manager submitted a written report advising that a
bid was submitted to the Amateur Athletic Union (AAU)
Boys' 13 and under National Basketball Championship; that
Roanoke was awarded the right to host the July 14 through
21, 1991 tournament; that approximately 100 teams will be
represented from all parts of the United States; and game
sites will be the Roanoke Civic Center (tournament
headquarters), Salem High School, Hollins College, North
Cross School and. ~f n~ - .....
....... v~= C~thozzc School,
wltn practice sites at Jackson, Breckinridge, Madison,
Ruffner, and Woodrow Wilson Middle Schools and Patrick
Henry High School.
It was further advised that tournament expenses are
estimated to be $54,000.00 and will be offset by revenue
from team entry fees, ticket sales and program and
novelty sales; and the City has received and is required
to execute the 1991 Host Agreement and Operating
Addendum.
The City Manager recommended that he be authorized
to execute the 1991 Host Agreement for the AAU Boys' 13
and under National Basketball Championship, subject to
approval by the City Attorney.
(For full text, see report on file in the City Clerk's
Office.)
571
ACTION:
Mr. White offered the following Resolution:
(#30587-62491) A RESOLUTION authorizing the
execution of a Host Agreement with the Amateur Athletic
Union for the 1991 National Basketball Championship for
boys 13 years of age and under, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 52,
page 408.)
Mr. White moved the adoption of Resolution No.
30587-62491. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None' 0.
The City Manager advised that to date 650 rooms have
been reserved which equals 5,868 room nights, or 2700
room nights more than were reserved for the Metro
Conference.
BUDGET-PARKSANDPLAYGROUNDS-RECREATION DEPARTMENT:
The City Manager submitted a written report advising that
the 1990 Virginia CorEast State Games were organized by
Virginia Amateur Sports, Inc., and held in the Roanoke
Valley; that the City of Roanoke provided $22,650.00 in
support services and fee waivers, in addition to a cash
contribution of $30,000.00 and concession rights; and
1990 events attracted over 4,000 athletes and their
families to the Roanoke Valley.
It was explained that the Commonwealth Games of
Virginia are scheduled to be played on June 26 through
July 7, 1991; that athletic events will be held in all
four Roanoke Valley jurisdictions, as well as in other
more distant locations; that the 1991 games are expected
to attract over 6,000 athletes and their families from
all areas of Virginia; and Council waived rental fees for
certain City facilities and granted concession rights to
Virginia Amateur Sports, Inc., on April 22, 1991, in
support of the 1991 Games.
It was noted that City support services and fees
waived are estimated to be valued at $24,000.00 for the
1991 Commonwealth Games; that private sector support of
this year's games through direct funding, sponsorship and
in-kind services is valued between $125,000.00 and
$175,000.00; that Virginia Amateur Sports, Inc., has
572
ACTION=
again requested the City's financial support, in the
amount of $30,000.00, in addition to miscellaneous
support services; and Roanoke County has committed
financial support, in the amount of $25,000.00.
The City Manager recommended that Council approve
the request of Virginia Amateur Sports, Inc., in the
amount of $30,000.00, in financial support; and authorize
the Director of Finance to establish a new account
entitled, VirginiaAmateur Sports, Inc., Account No. 001-
002-7220-3719, and transfer funds from the following
accounts:
General Fund Contingency
Account No. 001-002-9410-2199
$10,666.00
Miscellaneous Refunds
Account No. 001-004-9140-2170
19~334.00
Total $30,000.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30588-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page ~U6.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30588-62491. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor--- 7.
NAYS: None 0.
BUDGET-GRANTS: The City Manager submitted a written
report advising that Council authorized the filing of a
Community Development Block Grant (CDBG) an application
with the Department of Housing and Urban Development
(HUD) for fiscal year 1991-92 on May 13, 1991, pursuant
to Resolution No. 30508-51391; and HUD approval of the
City's fiscal year 1991-92 CDBG application was received
pursuant to a communication under date of June 19, 1991;
and grant approval is for the amount requested by the
City or $1,767,000.00.
573
ACTION~
It was further advised that the report includes
$515,090.00 in expected CDBG program income from parking
receipts, Housing Authority rehabilitation loan
repayments, Cooper Industries land lease, Coca-ColaUDAG
loan repayment and interest payment from Downtown
Associates for a short-term loan, as follows:
CDBG entitlement
Program Income
Total Appropriation
$1,767,000.00
515t090.00
$2,282,090.00
It was explained that additionally, $348,541.00
needs to be transferred from older projects and
unprogrammed program income, to projects included in the
fiscal year 1991-92 CDBG program.
The City Manager recommended that Council authorize
the following actions:
adopt a resolution accepting fiscal year 1991-
92 CDBG funds approved by HUD and authorizing
the City Manager to execute the requisite
grant agreement, funding approval, and any
other forms required by HUD on behalf of the
City in order to accept such funds;
appropriate $2,282,090.00 to revenue and
expenditure accounts in the Grant Fund to be
established by the Director of Finance
($1,767,000.00 CDBG entitlement and
$515,090.00 projected program income); and
transfer $348,541.00 from older accounts to
Grant Fund accounts.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30589-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 409.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30589-62491. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
574
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ...... 7.
NAYS: None .... 0.
Mr. Harvey offered the following Resolution:
(#30590-62491) A RESOLUTION accepting a certain
Community Development Block Grant offer made to the City
by the United States Department of Housing and Urban
Development for funds for Program Year 1991-1992; and
authorizing execution of the City's acceptance of such
grant and the agreement on behalf of the City to comply
with the terms and conditions of the grant and applicable
laws, regulations, and requirements pertaining thereto.
(For full text of Resolution, see Resolution Book No. 52,
page 411.)
Mr. Harvey moved the adoption of Resolution No.
30590-62491. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ..... 7.
NAYS: None 0.
BUDGET-EQUIPMENT-FIFTH DISTRICT EMPLOYMENT AND
TRAINING CONSORTIUM: The City Manager submitted a
~;ri~tei~ ~£L advi~i,,~ ~z~-~u~ui ~¢uzon ~gazns~ ~over~y
(TAP) is providing Adult Literacy Training for the State
Department of Education to certain jurisdictions within
the Fifth Planning District; that the Fifth District
Employment and Training Consortium is the administrative
pass through of funds for operation; and jurisdictions
include Roanoke and Alleghany Counties, as well as the
cities of Salem, Covington and Clifton Forge; and school
divisions of Roanoke City, Craig and Botetourt Counties
have elected to directly serve persons residing within
their respective Jurisdictions.
It was further advised that the City of Roanoke is
the grant recipient for Consortium funding; that Council
must appropriate funding for all grants the Consortium
receives; and the State Department of Education has
awarded additional funding to the Fifth District
Employment and Training Consortium for grant
administration, in the amount of $2,500.00, to purchase
a personal computer for recordkeeping of the Department
of Education's required data.
575
ACTION:
The City Manager recommended that Council
appropriate the Consortium's additional funding, in the
amount of $2,500.00; and increase the revenue estimate by
$2,500.00 in accounts to be established by the Director
of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30591-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 412.)
Mrs. Bowles moved the adoption of Ordinance No.
30591-62491. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None 0.
BUDGET-SEWERSANDSTORMDRAINS-CONSULTANTS REPORTS:
The City Manager submitted a written report advising that
~nvironm~t~i ~ro~eu~ion agency (~1 ~uiauion~ o~
stormwater quality w~re published in the Federal Reqister
on November 16, 1990, requiring certain municipalities
(100,000+ population) to submit Municipal Stormwater
Discharge Permit Applications; that additionally, a
number of industrial categories, including municipal
operations must submit Individual Industrial Permit
Applications by May 18, 1992; and a briefing report was
submitted to Council on May 20, 1991, on the EPA
Stormwater Discharge Permit process and funding required
for consultant services; and total cost of Stormwater
Management Survey and Stormwater Permits is $201,000.00.
It was further advised that a Request for Proposals
was advertised on May 26, 1991, for mapping services and
for permit consultants; that recommendations for
consultants requiring Council's approval will not be
completed until after July 1, 1991; and funds need to be
transferred into a capital account to ensure that
adequate funds are available when they are needed.
576
ACTION:
The City Manager recommended that council authorize
the Director of Finance to transfer funds to a capital
account entitled, NPDES Industrial Permit - Applications.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser offered the following emergency budget
Ordinance:
(#30592-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General, Sewage, and
Capital Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 412.)
Mr. Musser moved the adoption of Ordinance No.
30592-62491. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor .......... 7.
NAYS: None
®
BUDGET-SEWERS AND STORM DRAINS: The City Manager
submitted a written report advising that Sewer Lateral
Maintenance accounts in the Sewer Fund will need
$350,000.00 in order to be adequately funded for the
remainder oz zzsca~ year z990-9i, whiul~ ~uuuul~L~ ak= u~=d
to reimburse the Utility Line Services Department for
sewer maintenance work; that funding fell short due to
the billing rate increase in the Utility Line Services
Department, effective July 1, 1990, and increased sewer
maintenance activity for infiltration and inflow
abatement; that an unusually warm winter permitted an
increase in sewer maintenance activities; that funds need
to be appropriated from Sewer Fund Retained Earnings to
Sewer Maintenance accounts; and Council's authorization
is needed to appropriate the necessary funds.
The City Manager recommended that Council
appropriate $350,000.00 from Sewer Fund Retained Earnings
account, to Utility Line Services, Account No. 003-056-
3170-7020, in the amount of $230,000.00, and Meter
Maintenance, Account No. 003-056-3170-7026, in the amount
of $120,000.00.
(For full text, see report on file in the City Clerk's
Office.)
577
ACTION:
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30593-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Sewage Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 413.)
Mrs. Bowles moved the adoption of Ordinance No.
30593-62491. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None 0.
BUDGET-PUBLIC WORKS: The City Manager submitted a
written report advising that the Refuse Collection
Department has approximately 45 pieces of mechanical
equipment requiring maintenance; that funds in the amount
of $455,245.00 were appropriated in the Motor Vehicle
Maintenance account for fiscal year 1990-91 to cover
projected average repair costs; that the Refuse
Department has several older model vehicles that required
repairs to engines, transmissions, rear axles and
tailgates on bodies; that replacement of older vehicles
has been reduced during the past two to three years
requiring unexpected major repairs to the City's fleet;
&.nd ~aj~r ~al~ biii~ ;~=v~ Cau&~d a ~--~ ........ ~-'~ In
the amount of $77,000.00.
The City Manager recommended that Council transfer
$77,000.00 to the Refuse Collection Department, Motor
Vehicle Maintenance, Account No. 001-052-4210-7075, from
the following accounts:
Street Maintenance Department
Account No. 001-052-4110-7025
$33,000.00
Building Maintenance Department
Account No. 001-052-4330-7025
13,000.00
Police Patrol
Account No. 001-050-3113-7025
15,000.00
578
Fire Department Operations
Account No. 001-050-3213-7025
125000.00
Grounds Maintenance
Account No. 001-050-4340-7025
......... 4~000.00
$77,000.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30594-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 414.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30594-62491. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor .......... 7.
NAYS: None 0.
BUDGET-EQUIPMENT-REFUSE COLLECTION-RECYCLING: The
City Manager submitted a written report concurring in a
report of a bid committee with regard to the purchase of
a recycling truck.
The bid committee recommended that Council accept
the lowest bid submitted by Solid Waste Equipment, and
authorize issuance of a purchase order for one new
recycling truck, including a performance bond, in the
total amount of $76,755.00; transfer $53,106.00 from
General Fund Contingency Equipment Replacement, Account
No. 001-002-9410-2202, to Refuse Collection, Account No.
001-052-4210-9015, to provide funds for the purchase of
a recycling truck, one radio and car vision system;
appropriate an additional $26,864.00 to Refuse
Collection, Account No. 001-052-4210-9015; authorize the
Director of Finance to establish an accounts receivable
for said amount; and reject all other bids received by
the City.
(For full text, see reports on file in the City Clerk's
Office.)
579
ACTION:
ACTION:
Mr. Bowers offered the following emergency budget
Ordinance:
(#30595-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 415.)
Mr. Bowers moved the adoption of Ordinance No.
30595-62491. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor- 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following Resolution:
(#30596-62491) .A RESOLUTION accepting a certain bid
made to the City for furnishing and delivering one new
recycling truck, and rejecting all other bids made to the
City.
(For full text of Resolution, see Resolution Book No. 52,
page 415.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30596-62491. The motion was seconded by Mrs. Bowles and
aaop~ed by th~ £uiiuwi,~ v~L~,
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ..... 7.
NAYS: None 0.
BUDGET-EQUIPMENT-REFUSE COLLECTION-RECYCLING: The
City Manager submitted a written report concurring in a
report of a bid committee with regard to the purchase of
recycling carts and bins for continuation of an efficient
and effective recycling program.
The bid committee recommended that Council accept
the lowest responsible bid as submitted by Zarn, Inc.,
and authorize issuance of a purchase order for 4,500 - 32
gallon two pod recycling carts, in the amount of
$95,400.00; accept the bid of Piper Casepro to provide
3,000 - 18 to 20 gallon recycling bids, in the amount of
$12,600.00, for a total cost of $108,000.00; transfer
$70,200.00 from General Fund Contingency Equipment
Replacement, Account No. 001-002-9410-2202, to Refuse
Collection, Account No. 001-052-4210-9015, to provide
580
ACTION:
ACTION:
sufficient funds, as well as an additional $37,800.00 to
Refuse Collection, Account No. 001-052-4210-9015;
authorize the Director of Finance to establish an
accounts receivable from the Roanoke Regional Solid Waste
Management Board for said amount; and reject all other
bids received by the City.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30597-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 416.)
Mr. White moved the adoption of Ordinance No. 30597-
62491. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor .......... 7.
NAYS: None -- 0.
Mr. Fitzpatrick offered the following Resolution:
(%30598-62491) A RESOLUTION accepting certain bids
made to the City for furnishing and delivering recycling
carts and recycling bins, and rejecting all other bids
made to the City.
(For full text of Resolution, see Resolution Book No. 52,
page 417.)
Mr. Fitzpatrick moved the adoption of Resolution No.
30598-62491. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ..... 7.
NAYS: None 0.
BUDGET-ARMORY/STADIUM: The City Manager submitted
a written report concurring in a report of a bid
committee with regard to guard rails, seating planks, and
painting at the National Guard Armory.
581
The bid committee recommended that Council accept
bids and approve appropriations of funds, as follows:
Guard Rail - from Safety Roads Material Co.,
Inc., in the amount of $18,800.00;
Seating Planks - from Reeves Steel, Inc., in
the total amount of $13,470.75;
Painting of National Guard Armory - from
Williams Painting and Remodeling, Inc., in the
total amount of $40,000.00;
Appropriate $12,253.00 to allow
procurement of the following items:
for the
kitchen remodeling on
No. 5 Fire Station
5,358.00
refinishing floors in
Villa Heights Recreation
Center
2,100.00
radon gas detection
kits
1,000.00
walk-in refrigerators at
City Nursing Home
.. 3~795.00
Total
Approprzaue ~64,JlD.?~ frtm ~{ntenance of
Fixed Asset Contingency, Account No. 001-002-
9410-2201, to Building Maintenance accounts as
follows:
$33,270.75 to Account No. 001-052-4330-3050
$51,253.00 to Account No. 001-052-4330-3056
Reject all other bids received by the City.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency budget
Ordinance:
(#30599-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 417.)
582
ACTION:
ACTION:
Mr. Bowers moved the adoption of Ordinance No.
30599-62491. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None 0.
Mr. Fitzpatrick offered the following emergency
Ordinance:
(#30600-62491) AN ORDINANCE accepting bids for
guard rail, seating planks, and painting at the National
Guard Armory; rejecting all other bids; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 418.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30600-62491. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None 0.
DIRECTOR OF FINANCE:
BUDGET-GRANTS: The Director of Finance submitted a
written report advising that the Community Development
Block Grant program is accounted for on the City's
financial records by program year, and three years are
currently appropriated; that HUD allows localities to
determine the number of Community Development Block Grant
program years to retain on its records; that
reprogramming funds enables the City to maintain a
minimum number of program years on its records; that the
earliest Community Development Block Grant year, No.
B-88-MC-51-0020, may be closed by reprogramming unspent
funds to the next subsequent program year, No. B-89-MC-
51-0020; and unspent funds totaling $332,241.00 will be
used for the same activities for which they are currently
appropriated.
583
II
ACTION:
The Director of Finance recommended that Council
transfer unspent funds, in the amount of $332,241.00, to
Community Development Block Grant year No. B-89-MC-51-
0020; and close Community Development Block Grant year
No. B-88-MC-51-0020.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30601-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 419.)
Mr. Harvey moved the adoption of Ordinance No.
30601-62491. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Muss,r, White, Bowers and Mayor Taylor ........ 7.
NAYS: None
®
BUDGET-GRANTS: The Director of Finance submitted a
written report advising that capital projects of various
types have been approved by Council for construction over
the past years; ~aa~ Uh~ ~j&ctu have !nc~,~
construction in major categories for buildings, parks,
highways, sanitary sewers, and storm drains; and funding
is established for each project when Council approves
construction based on costs and contingency amount.
It was further advised that projects are normally
completed within the established budget and have
relatively small amounts of contingency funds remaining
unspent; that Council's authorization to close out
projects is needed in order to clear the completed
projects from the current project listing; and remaining
funds need to be transferred from the completed projects
to capital improvement reserve accounts for other future
construction.
The Director of Finance recommended that Council
authorize the close out of completed projects, and
transfer funds to appropriate capital improvement reserve
accounts.
(For full text, see report on file in the City Clerk's
Office.)
584
ACTION=
Mrs. Bowles offered the following emergency budget
Ordinance:
(%30602-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 420.)
Mrs. Bowles moved the adoption of Ordinance No.
30602-62491. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ..... 7.
NAYS: None 0.
BUDGET-CITY EMPLOYEES: The Director of Finance
submitted a written report advising that the fiscal year
1990-91 General Fund and Internal Service Fund budgets
included funds in the nondepartmental category for
payment of termination leave, unemployment compensation,
workmen's compensation wages, and workmen's compensation
medical expenses, and are budgeted in the nondepartmental
category because annual charges for each department are
difficult to accurately project; and actual costs are
charged to applicable department in anticipation of
periodic budget transfers to cover the costs.
The Director of Finance recommended that he be
authorized to transfer funds from the nondepartmental
category to applicable departmental budgets, as follows:
Internal
General Service
Fund Fund
Workmen's Compensation
Wages $283,552.00
$10,000.00
Workmen's Compensation
Medical 300,000.00
10,000.00
Termination Lea%e
Wages 78,261.00
11,858.00
585
ACTION=
ACTION:
Unemployment
Wages 35t000.00 0.00
Total $696,SZ3.0. . .0 §.3..Z,SSS.00
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30603-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General and Internal
Service Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 421.)
Mr. Fitzpatrick.moved the adoption of Ordinance No.
30603-62491. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor .......... 7.
NAYS: None 0.
FINANCIAL REPORTS: The Director of Finance
submitted the Financial Report of the City of Roanoke for
the month of May, 1991.
(For full text, see Financial Report on file in the City
Clerk's Office.)
Mr. Harvey moved that the Financial Report be
received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted, Mr. Harvey was out of the
Council Chamber.
Mr. White requested a briefing on the revenue and
expenditure sides of the budget; whereupon, the Director
of Finance advised that he was of the opinion that the
City will meet its revenue estimates; that real estate
estimates have been received within one-hundredth of one
percent of his estimate approximately 16 to 18 months
ago; that personal property taxes will be within one-half
of one percent of collections which he predicted; and
business licenses will be within $100,000.00 of a $7
million estimate. He advised that sales tax for the
month of May was 14 percent less than the previous May
which is a disturbing trend that brought collections to
date to less than one per cent over and above what was
collected last year; and it is expected that the trend
586
will continue. He stated that sales tax is not coming
in well, that admissions tax is under the estimate, and
the prepared food and alcoholic beverage tax will be very
close to his estimate. He commented that it appears that
the City will be close on its revenue estimates.
The City Manager advised that expenditures will be
below the authorized level of Council, or 3/4 fourths to
one per cent under expenditures on a $158 million
operating budget, the reason being that a number of
vacant positions have remained unfilled in anticipation
of the Voluntary Retirement Incentive Program; and
spending on the personnel side of the budget has been
decreased unless the positions affected public health,
safety and welfare.
CITY ATTORNEY:
CITY CODE: The City Attorney submitted a written
report advising that since 1982, City Council has
reenacted and recodified the Code of the City of Roanoke
(1979), as amended, on an annual basis in order to
properly incorporate in the Code amendments made by the
General Assembly at the previous Session to State
statutes that are incorporated by reference in the City
Code, which procedure ensures that ordinances codified in
the City Code incorporate current provisions of State
law; and incorporation by reference is frequently
utilized in local codes in order to prevent having to set
out lengthy provisions of State statutes in their
entirety.
It was further advised that in addition, the
technique ensures that local ordinances are always
consistent with State law as is generally required; and
the procedure in which a local governing body adopts
statutes by reference after action of the General
Assembly has been approved by the Attorney General.
The City Attorney recommended that Council readopt
and reenact the Code of the City of Roanoke (1979).
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers offered the following emergency
Ordinance:
(#30604-62491) AN ORDINANCE to readopt and reenact
the Code of the City of Roanoke (1979), as amended; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 423.)
587
II
ACTION:
Mr. Bowers moved the adoption of Ordinance No.
30604-62491. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser,
White, Bowers and Mayor Taylor ..... 6.
NAYS: None--- 0.
(Council Member Harvey was out of the Council Chamber.)
CITY CODE-BINGO OPERATIONS-RAFFLES-PUBLIC WORKS-
BONDS: The City Attorney submitted a written report
advising that his office carefully reviews bills enacted
by each Session of the General Assembly to determine
amendments required to the Code of the City of Roanoke
(1979), as amended ("City Code"); that as a general rule,
it is impermissible for provisions of the City Code to be
inconsistent with the State Code; and the 1991 Session of
the General Assembly enacted certain State Code
amendments which require conforming the City's Code.
The City Attorney recommended that Council authorize
the following changes to the City Code.
Section 11-61 of the State Code was amended to
eliminate the use of certain alternative forms
of security in lieu of the payment or
performance bonds required of contractors.
Prior to the amendment, the bidder could
furnish a personal bond, property bond, or
...... ~ ~- ~netatton's letter
Dank o~ ~v~,,~- ........
of credit for said purposes. The new
legislation forbids the use of the alternate
forms of security in lieu of payment and
performance bonds.
Changes to City Code provisions concerning
bingo are also required to conform to
amendments to the State Code. The first State
Code amendment permits organizations which
have been in existence and have met on a
regular basis in an adjoining city, county or
town to apply for a bingo permit in the City.
The second amendment raises from $200,000.00
to $250,000.00, the amount of annual gross
receipts which an organization must have
before the organization is required to have a
licensed independent certified public
accountant to provide an opinion concerning
588
ACTION:
the records of the organization. A third amendment
provides that organizations composed of or for deaf
or blind persons may compensate individuals for
participating in bingo games or raffles.
The City Attorney transmitted measures incorporating
the above proposed amendments for the consideration of
Council.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
Ordinance:
(#30605-62491) AN ORDINANCE amending and
reordaining subsection (b) of $23.1-18, Alternate Forms
of Security, of the Code of the City of Roanoke (1979),
as amended, to preclude the use of certain alternate
forms of security in lieu of a performance or payment
bond; and providing for an emergency and an effective
date.
(For full text of Ordinance, see Ordinance Book No. 52,
page 424.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30605-62491. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowles. Fitzpatrick, Musser,
White, Bowers and Mayor Taylor .................. 6.
NAYS: None 0.
(Council Member Harvey was out of the Council Chamber.)
Mr. Fitzpatrick offered the following emergency
Ordinance:
(#30606-62491) AN ORDINANCE amending and
reordaining subsection (a)(1) of $21-68, Requirement of
issuance of permit; where valid; duration; permits
subject to requlations; subsection (d) of S21-71, Reports
9f qross receipts and disbursements required; form of
reports; failure to file; certificate of compliance;
riqht of entry upon premises; records; independent
accountinq procedure; and subsection (1) of S21-73,
Prohibited practices, of the Code of the City of Roanoke
(1979), as amended, the amendments relating to
organizations applicable to apply for permit, threshold
589
ACTION=
ACTION=
for requirement of report of independent certified public
accountant and conduct of bingo by organizations composed
of or for blind persons; and providing for an emergency
and an effective date.
(For full text of Ordinance, see Ordinance Book No. 52,
page 425.)
Mr. Fitzpatrick.moved the adoption of Ordinance No.
30606-62491. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Musser,
White, Bowers and Mayor Taylor .... 6.
NAYS: None 0.
(Council Member Harvey was out of the Council Chamber.)
REPORTS OF COmmITTEES:
BUDGET-CITIZENS SERVICES COMMITTEE: Council at its
regular meeting on Monday, June 17, 1991, having deferred
action on a budget ordinance recommended by the Citizens
Services Committee with regard to funding of qualified
agencies for fiscal year 1991-92, the matter was again
before the body.
The City Manager submitted a written report
concurring in the recommendations of the Citizens
Services Committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance transferring $285,000.00 from the
Citizens Services Committee to certain line items to be
established by the Director of Finance:
(#30607-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 427.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30607-62491. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
59O
AYES: Council Members Bowles, Fitzpatrick, Musser,
White, Bowers and Mayor Taylor ........... 6.
NAYS: None 0.
(Council Member Harvey was out of the Council Chamber.)
BUDGET-STREETS AND ALLEYS: Council Member William
White, Sr., Chairman of a committee appointed by the
Mayor to tabulate bids received for bituminous concrete
overlays and pavement profiling of various streets within
the City, presented a written report on behalf of the
committee, recommending that Council take the following
actions:
Award a contract to Virginia Asphalt Paving
Co., Inc., in the amount of $1,071,723.00, and
establish a contingency, in the amount of
$5,000.00, for a total amount of
$1,076,723.00.
Transfer $773,524.00 from certain accounts as
more fully set forth on Attachment II of the
report to the Annual Paving Program, Account
No. 001-052-4120-2010.
Reject all other bids received by the City.
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
A report of the City Manager with regard to Council
Member Bowers' request for information on the schedule
for repaying Memorial Avenue, S. W., between Grandin Road
and 13th Street, was before Council.
The City Manager advised that the City
Administration adheres to a procedure of annually
evaluating all City streets when developing a program for
repaying; that Engineering inspectors tour the community
in late winter and submit a list of recommended streets
for further review by department engineers; that taking
into account such factors as traffic volume, rideability
and appearance, all streets are then rated and assigned
a priority, and the City administration thus attempts to
develop a repaying program which will make the best use
of available funds, keeping in mind Council's adopted
policy of repaying streets on an average 20 year cycle.
591
It was explained that this year's recommended
program will pave 73 lane miles and provide for the
paving of all streets rated as "A" or "A+" on the
priority list; and Memorial Avenue between Grandin Road
and 13th Street rated an "A-" which would indicate that
it should be repaved but is not in as poor condition as
Grandin Road and 13th Street rated an "A-" which would
indicate that it should be repaved but is not in as poor
condition as Grandin Road between Memorial Avenue and
Brandon Avenue, which section is in the recommended
program.
Mr. Herbert further explained that if it could be
predicted with any certainty that approximately the same
amount of funds will be available for repaying streets
next year, he would not hesitate to assure Council that
Memorial Avenue will be included in next year's program,
however, such prediction 12 months in advance under the
present uncertain economic conditions could not be made
with confidence.
The City Manager advised that at unit prices bid in
the proposed contract, it would cost approximately
$45,000.00 to repave Memorial Avenue between Grandin Road
and 13th Street; and every effort will be made to include
Memorial Avenue in next year's repaying program, based on
available funds and other conditions not currently
predictable.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Bowers advised that it is not the place of
Council to make administrative decisions or to tell the
City Administration what streets should be paved in as
much as the daily operation of City Government are under
the Jurisdiction of the City Manager and not the Council,
which is a policymaking body. He stated that the City
Administration is very cautious about Council members
stepping over the line and getting into administrative
matters; however, the City Administration sometimes makes
policy decisions, but Council Members are not always
quite as vocal. He referred specifically to the paving
of Memorial Avenue, advising that it was not his request
to pave the street, but a request that was made by a
number of citizens, and this represents the third time
that it has been brought to the attention of the City
Administration. He stated that he understood the grading
system adhered to by the City in ranking streets for
paving, but when there is a situation in which a Member
of Council, over a period of three years, has brought
forth to the City Administration a suggestion or a
comment from citizens, and nothing is done, his level of
frustration tends to rise. He advised that he had no
592
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problem with regard to the bids that were received,
however, if Council is not going to be heard, and if
citizens are not going to be heard through Council, there
is no reason to have a City Council.
Mr. White offered the following emergency budget
Ordinance:
(#30608-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 428.)
Mr. White moved the adoption of Ordinance No. 30608-
62491. The motion was seconded by Mr. Harvey.
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ......... 6.
NAYS: Council Member Bowers
Mr. White offered the following emergency Ordinance:
(#30609-62491) AN ORDINANCE accepting the bid of
Virginia Asphalt Paving Co., Incorporated for paving and
profiling of various streets upon certain terms and
conditions, and awarding a contract therefor; authorizing
the proper City officials to execute the requisite
~ontract for such work: re4ecttna all other bids mado to
the City for the work; an~ provi~ing for an emergency·
(For full text of Ordinance, see Ordinance Book No. 52,
page 429.)
Mr. White moved the adoption of Ordinance No. 30609-
62491. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White and Mayor Taylor ....... 6.
NAYS: Council Member Bowers
BUDGET-PARKS AND PLAYGROUNDS-ARMORY/STADIUM-
LIBRARIES: Council Member William White, Sr., Chairman
of a committee appointed by the Mayor to tabulate bids
received for 1991 roof projects at the Parks and
Recreation Gymnasium, National Guard Armory, Williamson
Road Library, Raleigh Court Library, and Mill Mountain
Caretaker's House, presented a written report on behalf
the committee, recommending that Council take the
following actions:
593
authorize the City Manager to enter into a
contractual agreement with each of the low
bidders listed below, in a total amount of
$46,285.00:
Parks and Recreation Gymnasium to
Consolidated Industrial Roofing,
Inc., in the amount of $15,620.00
and 25 consecutive calendar days.
National Guard Armory to John To
Morgan Sheet Metal Company, Inc.,
t/a John T. Morgan Roofing & Sheet
Metal Co., Inc., in the amount of
$7,937.00 and ten consecutive
calendar days.
Williamson Road Library to
Consolidated Industrial Roofing,
Inc., in the amount of $9,415.00 and
20 consecutive calendar days.
Raleigh Court Library to John T.
Morgan Sheet Metal Company, Inc.,
t/a John ?. Morgan Roofing & Sheet
Metal Co., Inc., in the amount of
$11,916.00 and ten consecutive
calendar days.
Mill Mountain Caretaker's House to
Shen Valley Roofing, Inc., in the
amount oz ~l,~97.oo and ~lve
consecutive calendar days.
Transfer $46,285.00 from General Fund Fixed
Asset Maintenance, Account No. 001-002-941C-
2201, to Building Maintenance Department,
Account No. 001-052-4330-3056.
Reject all other bids received.
The City Manager submitted a written report
concurring in the recommendations of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
594
ACTION:
ACTION:
(#30610-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 430.)
Mr. White moved'the adoption of Ordinance No. 30610-
62491. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None ---0.
Mr. White offered the following emergency Ordinance:
(#30611-62491) AN ORDINANCE accepting certain bids
and awarding certain contracts for roof repair to various
City-owned facilities, and rejecting all other bids; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 430.)
Mr. White moved the adoption of Ordinance No. 30611-
62491. The motion was seconded by Mr. Harvey and adopted
by the following vote:
Musser, White, Bowers and Mayor Taylor ................. 7.
NAYS: None 0.
JUVENILE DETENTION HOME: Council Member William
White, Sr., ChairmaD of a committee appointed by the
Mayor to tabulate bids received for construction of the
Crisis Intervention Center and other related work,
presented a written report on behalf of the committee,
recommending that Council authorize the City Manager to
enter into a contractual agreement, subject to approval
by the City Attorney, with Williams Painting and
Remodeling, Inc., to construct the Crisis Intervention
Center, along with site work, as well as utilities and
attic storage space as contained in Alternate No. 1, in
the amount of $487,234.00 and 210 consecutive calendar
days for completion of the work; authorize the Director
of Finance to transfer $34,334.00 from the Contingency
Reserve, Account No. 001-002-9410-2199, to the Crisis
Intervention Center, Account No. 008-052-9637-9005; and
reject all other bids received by the City.
595
ACTION:
ACTION:
The City Manager submitted a written report
concurring in the recommendation of the committee.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30612-62491) AN ORDINANCE to amend and reordain
certain sections of the 1990-91 General and Capital Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 431.)
Mr. White moved the adoption of Ordinance No. 30612-
62491. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None -0.
Mr. White offered the following emergency Ordinance:
(#30613-62491) AN ORDINANCE accepting the bid of
Williams Painting and Remodeling, Inc., and awarding a
contract for construction and other related work of the
~{~ Tnt~rvention Center at Coyner SDrings, uDon
certain terms and conditions, and rejecting all other
bids made therefore; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 432.)
Mr. White moved the adoption of Ordinance No. 30613-
62491. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None 0.
WATER DEPARTMENT: Council Member Elizabeth T.
Bowles, Chair of the Water Resources Committee, presented
a written report on behalf of the committee, with regard
to water capital improvements.
A staff report advised that a report was presented
to the Water Resources Committee on January 22, 1991,
with regard to the need to make certain improvements to
596
the Carvins Cove Water Treatment Plant and transmission
system; and the need for improvements is summarized as
follows:
Capacity:
80 per cent Rule - State regulations require a
water system to embark on a plan of expansion
when system capacity reaches 80 per cent for
three consecutive months. The City's water
system was at 87 per cent for three months in
calendar year 1990 and at 81 per cent for the
entire year.
Filter Plant Capacity - The rated capacity of
Carvins Cove Filter Plant is 18 million
gallons per day (MGD). The plant reached or
exceeded its capacity on 114 days in 1990
compared to four days in 1986. Plant capacity
needs to be expanded to 28 MGD in order to
effectively treat a safe yield of 20 MGD of
this source of supply.
Compliance: New Federal regulations, to be
effective in June, 1993, require a longer
detention time in treatment basins and final
storage tanks to provide a safeguard for the
treatment of virus cysts.
Condition:
Intake screens are needed to keep debris from
clogging up pumps and nozzles.
Electrical service and reconditioned access
road are needed for Carvins Cove Dam.
Raw water pump station located between the dam
and treatment plant is currently rated at 12
MGD with no back up pumps in the event of a
maintenance problem.
Raw water transmission line and primary
treated water transmission line are
experiencing an ever increasing loss of
capacity due to. scale and algae growth in the
lines. Also, there are no parallel lines to
enable the removal of these lines for cleaning
or repair.
597
Chemical feed process is antiquated at best
and needs to be improved from a safety
standpoint. Primary concerns are the method
of loading and storage of dry chemicals and
the method of feeding chlorine.
General conditions of Carvins Cove Plant
reflect 35 years of service and such items as
master meters, rate of flow controllers, and
instrumentation need replacement due to age.
Communication: The fact that the improvements
are needed as a health and safety issue has
been communicated to the citizens of the City
of Roanoke in numerous ways.
Cost:
All improvements are estimated to cost
$28,300,000.00 in 1990 dollars. Detailed cost
breakdown is available in the full
consultant's report available tn the Office of
the City Clerk and as previously reported.
Dime-a-day increased cost for water service
for typical households will result if all
improvements are immediately funded. Current
rate schedule is attached to the report.
Significant cost increases for water service,
doubling and tripling depending on the
quantity, will occur for large water users due
to anticipated elimination of the bottom two
steps of the rate schedule.
No impact on sewer rates.
The Water Resources Committee recommended that
Council adopt a schedule identified as Alternative A
which is a full plan with a three year phase-in, advising
that approval of Alternative A signifies Council's
understanding and appreciation of the need for
improvements and the value of water to the community as
well as State and Federal regulations which require that
the City proceed as soon as possible.
(For full text, see report and supporting documentation
on file in the City Clerk's Office.)
598
Mrs. Bowles advised that after considerable study
and numerous briefings by the City Administration for
over a period of a year, it has become obvious to the
Water Resources Committee of the need to make
improvements to the Carvins Cove Water Treatment Plant
and the transmission system. She stated that the general
condition of the Carvins Cove plant reflects 35 years of
service and many items need to be replaced due to age,
such as the intake screen to keep debris from clogging up
the pumps and the nozzles, the electric system, a
reconditioned access road, the raw water pump station
which is located between the dam and the treatment plant
has no back up pumps in the event of a maintenance
problem, transmission lines are experiencing a loss of
capacity due to scale and algae growth with no parallel
line to allow cleaning or repairs, the chemical feed
process is antiquated, and replacement of master meters
and rate of flow controls is needed. She added that
State and Federal rules and regulations must be adhered
to; that State regulations require the water system to
have a plan of expansion when system capacity reaches 80
per cent for three consecutive months and Roanoke's
system was at 81 per cent capacity for the entire year of
1990. She stated that filter plant capacity needs to be
expanded to 28 million gallons per day in order to
effectively treat a safe yield of 28 million gallons per
day. She explained that new Federal regulations to be
effective in June 1983 require a longer detention time in
the treatment basin and final storage tanks in order to
provide a safeguard for the treatment of water. She
safety has been communicated over a period of several
months to citizens in numerous ways for their study and
input and some individuals have provided suggestions and
ideas that have been most helpful. She noted that
various alternatives have been considered by both City
staff and the Water Resources Committee; that all
improvements are estimated to cost $28,300,000.00, which
is proposed as a full plan, three year phased in rate
adjustment, effective August 1991, July 1992, and July
1993.
Mrs. Bowles called upon the Director of Utilities
and Operations to brief the members of Council on the
rate adjustments and their impact on the average
household, as well as the commercial and industrial rate
schedule.
599
ACTION:
Following Mr. Kiser's briefing, Mrs. Bowles moved
that the following Ordinance be placed upon its first
reading:
(#30614) AN ORDINANCE establishing a rate schedule
for certain water rates and related charges for services
provided by this City, effective August 1, 1991, July 1,
1992, and July l, 1993.
(For full text of Ordinance, see Ordinance Book No. 52,
page 434.)
The motion was seconded by Mr. Fitzpatrick.
Mr. Harvey advised that on numerous occasions, the
Water Resources Committee sent the proposal back to the
City Administration for additional information in an
effort to work out a formula that would lessen the impact
of the rate increase. He expressed concern that over the
last three years nothing has been done by the City to
provide for any type of reduction in fees or taxes for
citizens of the City of Roanoke. He noted that the City
has imposed a prepared food tax of four per cent, added
a two per cent utility tax, prorated personal property
taxes, increased water rates, and virtually every fee
charged by the City has increased to the point that
certain recreation programs which, in the past were free,
now carry a charge, as well as real estate assessments
that continue to increase yearly. He stated that he
intended to vote in.favor of the water rate increase,
however, by this time next year, he would like for the
City Administration to make a recommendation to Council
in the proposed 1992-93 fiscal year budget in order to
give something back to the citizens of Roanoke, whether
it be a reduction in real estate taxes or a reduction in
personal property taxes, etc. He stated that a point in
time will come when the citizens of the City of Roanoke
will become tired of Council, week after week, raising
some type of fee or tax in order to live in the City of
Roanoke.
Mr. Fitzpatrick advised that no member of Council
wants to vote for a tax or increase a tax unless it is
absolutely essential, but it is also time to put into
perspective that many of the services that taxpayers of
the City of Roanoke receive are considerably less in a
city the size of Roanoke than they are in larger
localities. He stated that infrastructure improvements
were being discussed such as sewer, water, streets,
bridges, etc., advising that America has one of the
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ACTION:
biggest problems in the entire world today because its
infrastructure is falling apart. He noted that
infrastructure improvements need to be addressed in a
capital phasing and literally speaking, the tendency of
government is to wait until there is a crisis and then
address the situation all at one time. He added that
citizens need to recognize that the Roanoke Valley has
certain difficult infrastructure problems that will not
go away; and more interest should be taken in scheduling,
over a period of time, those things that are in the best
interest of the total community for 40 to 50 years into
the future. He stated that economically speaking, the
City cannot create Jobs without water and presently, the
City has difficulty certifying to a new business
prospect, regardless of where they plan to locate in the
Roanoke Valley where there is available industrial land,
that an adequate water supply exists to satisfy their
needs. He added that it is crucial in the future for the
City to be in a position to certify an adequate supply of
water in order to create the Jobs that will be necessary
to keep young people in the Roanoke Valley.
Ms. Selena Pedersen, 1525 West Drive, S. W., advised
that she had been involved in the water rate question for
quite some time, and she had an opportunity to observe a
good example of the democratic system at work. She
explained that she made suggestions with regard to
decreasing the water rates for the minimum user in order
to equalize the cost per 100 cubic feet, that she was not
successful in getting everything she proposed, but she
,do mi=a~=d wish une compromise aha with the manner xn
which Mr. Kit B. Klser, Director of Utilities and
Operations, addressed her concerns.
Ordinance No. 30614 was adopted on its first reading
by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None 0.
SEWERS AND STORM DRAINS: Council Member
Elizabeth T. Bowles, Chair of the Water Resources
Committee, presented a written report on behalf of the
committee with regard to renewal of the third year option
on the sludge disposal contract with Bio-Gro Systems,
Inc.
601
ACTION:
It was explained that Council's authorization is
desired to execute a contract agreement with Bio-Gro
Systems, Inc., to contract for the third year's quantity
of sludge removal, hauling, and land application; and
Bio-Gro Systems, Inc., also wishes to renew the contract
for a third year.
The Water Resources Committee recommended that
Council authorize the City Manager to execute the third
year sludge disposal contract with Blo-Gro Systems, Inc.,
for a minimum quantity of 6,000 dry tons and a maximum
quantity of 10,000 dry tons at $84.22 per dry ton, with
a 12 month term of amendment time period to run from the
date of execution of the renewed contract, but not later
than July, 1991.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following Resolution:
(#30615-62491) A RESOLUTION authorizing an
amendment to the City's contract with Bio-Gro Systems,
Inc., for the third year of removal and disposal of
sludge from the Water Pollution Control Plant, and
authorizing the proper City officials to execute the
requisite contract documents.
(For full text of Resolution, see Resolution Book No. 52,
Mrs. Bowles moved the adoption of Resolution No.
30615-62491. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None ..... 0.
BUDGET-WATER DEPARTMENT: Council Member
Elizabeth T. Bowles, Chair of the Water Resources
Committee, presented a written report on behalf of the
committee with regard to appropriation of funds to
purchase water from the City of Salem and the Town of
Vinton during fiscal year 1992.
602
ACTION
A staff report advised that authorization to
purchase water from the localities of Salem and Vinton
and appropriation of funds for fiscal year 1991 was
approved by the Committee on May 20, 1991, and by Council
on May 28, 1991; that Falling Creek Filter Plant
construction will not be completed earlier than the
contract time limit, which means that the plant will
likely not go back into operation until approximately
September, 1991; that the highest demand for water will
likely occur between now and the fall season; and funds
need to be appropriated in the fiscal year 1992 budget to
permit continued purchase of water from Salem and Vinton
as needed and subject to availability.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30616-62491) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 433.)
Mrs. Bowles moved the adoption of Ordinance No.
30616-62491. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ................ 7.
NAYS: None' 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL.
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ACTIONt
ACTION=
RADIO/TELEVISION (REGIONAL CABLE TELEVISION
COMMITTEE): Vice-Mayor Musser called attention to
certain provisions of the new cable television franchise
ordinance and requested that Council give consideration
at the next regular meeting on Monday, July 8, 1991, to
appointing a member of Council, the City Manager or his
designee, a member at large from the community, and a
member of the school system to serve on the Roanoke
Valley Regional Cable Television Committee, along with
representatives from Roanoke County and the Town of
Vinton.
OTHER HEARINGS OF CITIZENS:
ARMORY/STADIUM: Mr. Donald (Whitey) F. Taylor, 2823
Williamson Road, N. W., Suite 8, appeared before Council
and requested that he be permitted to conduct auto racing
at Victory Stadium commencing at 7:00 p.m., instead of
5:00 p.m., on July 5, 1991. He called attention to the
Roanoke Times & World-News Fourth of July Music for
Americans fireworks display that will last until
approximately midnight on July 4, which will not allow
him sufficient time to complete all of the necessary
arrangements prior to race time on July 5. He assured
Council that races would conclude no later than
10:00 p.m., on July 5.
Mr. Harvey moved that Council concur in the request,
upon condition that the City Manager will be able to make
the necessary adjustments. The motion was seconded by
· ..... 1.. ~~_
At 5:30 p.m., the Mayor declared the meeting in
recess.
At 6:10 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
oDen meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
604
AYES: Council Members Bowles, Fitzpatrick, Harvey,
Musser, White, Bowers and Mayor Taylor ...... 7.
NAYSt None 0.
ROANOKE ARTS COMMISSION: The Mayor advised that
there was a vacancy on the Roanoke Arts Commission,
created by the resignation of Ms. Vicki Stauffer, for a
term ending June 30, 1993, and called for nominations to
fill the vacancy.
Mr. White placed in nomination the name of Mr.
Fletcher L. Nichols.
There being no further nominations, Mr. Nichols was
elected as a member of the Roanoke Arts Commission to
fill the unexpired term of Ms. Vicki Stauffer, ending
June 30, 1993, by the following vote:
ACTION:
FOR MR. NICHOLS: Council
Fitzpatrick, Harvey, Musser, White,
Taylor .......
Members Bowles,
Bowers and Mayor
ACTION:'
Mr. White moved that the City residency requirement
be waived in this instance. The motion was seconded by
Mr. Fitzpatrick and unanimously adopted.
There being no further business, the Mayor declared
the meeting adjourned at 6:15 p.m.
APPROVED
ATTEST:
City Clerk
6O5
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
July 8, 1991
7:30 p.m.
The Council of the City of Roanoke met in regular session
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
July 8, 1991, at 7:30 p.m., the regular meeting hour, with Mayor
Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr.,
James G. Harvey, II, Howard E. Musser, William White, Sr., David A.
Bowers, Elizabeth T. Bowles (arrived at 7:40 p.m.), and Mayor Noel
C. Taylor ............ ' ........ 7.
ABSENT: None
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City
Manager; William X Parsons, Assistant City Attorney; Mark A.
Williams, Assistant City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States
ACTION:
COUNCIL-PARKS AND PLAYGROUndS: Council Member
Bowers presented the Mayor with a plaque which he
accepted on the behalf of the City of Roanoke in
appreciation of supportive efforts and services by the
City for the 1990-91 Commonwealth Games of Virginia. He
advised that the City appropriated $30,000.00 of
taxpayers' money and another $20,000.00 of in-kind
contributions on behalf of City staff and facilities for
the Virginia Commonwealth Games.
At this point, (7:40 p.m.) Mrs. Bowles entered the
meeting.
606
BID OPENINGS
ACTION:
ACTION:
BUSES-PARKING GARAGES: Pursuant to notice of
advertisement for bids for management and operation of
the Tower Parking Garage and the Downtown East Parking
Garage, said bids to be received by the City Clerk until
4:30 p.m., on Monday, July 8, 1991, and to be held,
opened and read before the Council at 7:30 p.m., on that
date, or as soon thereafter as the matter may be heard,
the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present
raising any question, the Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
DOWNTOWN
TOWER EAST
PARKING PARKING COMBINED
BIDDER GARAGE GARAGE TOTAL
Valley Metro,
Greater Roanoke
Transit Company
$68,610.00
$45,230.00
$113,720.00
National
Garages, Inc.
169,711.00
84,213.00
254,534.00
century
Parking, Inc.
212,415.00
119,240.00
331,655.00
Allright
Roanoke Parking,
Inc.
103,662.00
66,040.00
169,615.00
Central 234,574.00
Parking System
of Virginia, Inc.
109,453.00
344,040.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Musser and unanimously adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairman, Kit B. Kiser and William F. Clark as members of
the committee.
6O7
t
il
PUBLIC HEARINGS
ZONING-ANIMALS: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City
Clerk having advertised a public hearing for Monday, July
8, 1991, at 7:30 p.m., or as soon thereafter as the
matter may be heard, on the request of the Roanoke Valley
SPCA, Inc., to amend Chapter 36, zoning, Section 36.1-25,
Definition~, and Section 36.1-271, Special Exception
Uses, of the Code of the City of Roanoke, 1979, as
amended, with regard to creation of a term pertaining to
animal shelters, the matter was before the body.
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World-News on Friday, June 21, 1991, and Friday, June 28,
1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the purpose of the proposed amendment is to set
forth the definition of an animal shelter and to provide
for said use as a special exception in the HM, Heavy
Manufacturing District, was before Council.
The Planning Commission recommended that Council
-- ~ .... ~-----~ ~- ~A mA--~--~ ~.~~
inasmuch as it would legally recognize an activity that
serves the public interest and would permit said
operation to expand in order to accommodate service
demands in the Roanoke Valley.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that the following Ordinance be
placed upon its first reading:
(#30617) AN ORDINANCE amending $36.1-25, Defini-
tions, and ~36.1-271, ~pecial exception uses, of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979),
as amended, by the addition of a new subsection (3), such
amendment and addition relating to animal shelters and
special exception uses in the HM, Heavy Manufacturing
District, respectively.
(For full text of Ordinance, see Ordinance Book No. 53,
page 1.)
6O8
ACTION:
The motion was seconded by Mr. Harvey.
Mr. Thomas Wright, Executive Director, Roanoke
Valley SPCA, Inc., appeared before Council in support of
the proposed amendment.
The Mayor inquired if there were persons in
attendance who would like to address Council with regard
to the proposed amendment. There being none, Ordinance
No. 30617 was adopted on its first reading by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ........... 7.
NAYS: None .... 0.
STREETS AND ALLEYS: Pursuant to Resolution No.
25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for
Monday, July 8, 1991, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Trustees of
First Baptist Church that a portion of Marshall Avenue,
S. W., extending westerly approximately 750 feet from its
intersection with Franklin Road to its intersection with
an extension of the westerly line of Fourth Street, S.
W., be permanently vacated, discontinued and closed, the
matter was before the body.
Legal advertisement of the public hearino was
published in the morning editions of the Roanoke Times &
World-News on Friday, June 2i, 1991, and Friday, June 28,
1991.
(see publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that Trustees of First Baptist Church are requesting that
Marshall Avenue be closed from Franklin Road, S. W., to
4th Street; that the Church owns all of the land and
properties abutting both sides of the section of Marshall
Avenue; and the section of Marshall Avenue extending from
Franklin Road, S. W., to 5th Street has served as a
westbound, one-way street for many years, was before
Council.
The Planning Commission recommended that Council
deny the request of the Church to close the above set
forth section of Marshall Avenue, S. W., based on the
following conclusions:
609
ACTION:
Pending street changes will result in an
increase in traffic on this section of Frank-
lin Road.
Closure would decrease development potential
of commercial (C-3) and office district (C-l)
properties situated on Marshall Avenue between
4th and 5th Streets.
Public streets should be closed only when it
can be accurately verified that the public at-
large has no current or future need for such a
public street. Ownership of properties abut-
ting such a public street should not be a
consideration for closure.
Current traffic data for traffic origin and
dispersal to and from Marshall Avenue was not
available to the Commission at the public
hearing. Percentage of Marshall Avenue traf-
fic that was church-related could not be
verified.
It would be in the best interest of the pub-
lic, both from an economic and traffic manage-
ment standpoint, to retain said section of
Marshall Avenue, S. W., as a public street
connector from Franklin Road, S. W., until
current and pending changes in the downtown
thoroughfare areas have been completed and the
.proper neeQs
accurately established.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick. moved that the following Ordinance
be placed upon its first reading:
(#30618) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(Por full text of Ordinance, see Ordinance Book No. 53,
page 2.)
The motion was seconded by Mr. Musser.
610
The Mayor advised that a number of persons had
requested to speak on the matter; whereupon, Mr. Musser
moved that each speaker be requested to limit his or her
remarks to not more than three minutes in duration. The
motion was seconded by Mr. Bowers and unanimously
adopted.
Mr. Richard E. Viar, Attorney, introduced Dr.
Charles G. Fuller, Pastor, First Baptist Church.
Dr. Fuller advised that First Baptist Church has
requested that Marshall Avenue between Franklin Road and
Fourth Street, S. W., be vacated inasmuch as the Church
now owns the property on both sides of Marshall Avenue,
however, the Church understands that that does not
guarantee the vacation of the property and the Church
does not seek any special concession because it is a
church, but it does ask that Council consider its request
and give the Church no less consideration because it is
a church. He stated that First Baptist Church has no
desire to impede the progress of City Planners and their
attempt to beautify the City and better accommodate its
citizens, however, the Church believes that it has made
certain contributions toward that same goal and would
like the opportunity to continue to do so. He further
stated that as elected officials, Council must consider
the impact of its actions on its constituencies other
than First Baptist Church, but it should be pointed out
that a stzeabl~ ~ortion ~f th~ ~{~v.~ ~,~..~-~ .... - ~
found in First Baptist Church membership. He added that
there are many implications involved in Council's
decisions, but on the other hand, there are certain
things that Council could not know that affect First
Baptist as a church, such as commitment. He stated that
predating the City's Charter, First Baptist Church has
been located in the heart of the Roanoke co~unity and
since 1875, its commitment has been to the inner city,
including the present construction of a new worship
center. He noted that throughout the 30 years he has
served as pastor, he has never entertained the idea of
relocating because a city like Roanoke deserves to have
vibrant growing inner city churches. He explained that
for the past 29 years, First Baptist Church has more than
doubled in its growth and, in preparation for that
growth, care and patience has been exercised in property
acquisition, and, for that reason, the Church acquired
property on either side of Marshall Avenue with a view
toward its continued growth and expansion. He stated
that the proposed site plan beautifies the entrance to
the inner city by virtue of the new worship center,
advising that Church officials were not aware of any
611
changes to what it had known to be plans for the closing
of Marshall Avenue until last fall, which plans call for
the development of a retail center spanning across the
new Franklin Road project and also call for leaving
Marshall Avenue open. He reminded Council of an
investment by First Baptist Church, advising that the new
worship center is not a drawing or a concept, but it is
a reality which is now 40 per cent completed,
representing an $8 million investment that is totally
financed by previous, current and future contributions of
members of First Baptist Church. He explained that it is
rare that churches reach the size of First Baptist
Church, and in fact, only seven-tenths of one per cent of
all of the churches in the United States have reached an
attendance of 2,000 or more, however, First Baptist
Church attendance now exceeds 2,000. He advised that his
statement was not intended to be one of boastfulness, but
instead, of moving people across streets and parking
lots, into and out of buildings, back into parking lots
and back onto streets, which movement requires the
creation of safe convenience. He stated that First
Baptist Church is genuinely concerned about the safety of
people who move in and out of its buildings seven days a
week, advising that appearance also enters into the
request and introduced Mr. Gene Crest, representing the
firm of Mattern and Craig, to present the proposed site
plan.
In concluding, Dr. Fuller advised that Council must
make the decision and he would honor Council's
conclusion, however, if Council is of a mind to deny the
request of First Baptist Church, he would ask that
Council give the Church the assurance that it will not
approve any type of plan which will permit or allow for
the erection of buildings that will obscure the presence
of an $8 million worship sanctuary. He pointed out that
this sanctuary is another good faith investment by a
church which has ministered to the City of Roanoke for
116 years.
Mr. Crest presented the proposed site plan, advising
that First Baptist Church developed the plan believing
that it was consistent with the City's future plans. He
stated that the site plan was designed to provide
adequate access to all facilities of the Church and to
improve pedestrian safety, while at the same time provide
approximately 454 additional parking spaces.
612
Ms. Petie Brigham, 509 Allison Avenue, S. W.,
representing Old Southwest, Inc., appeared before Council
and advised that Old Southwest is not without
appreciation for the project proposed by First Baptist
Church which illustrates the obvious commitment of the
Church to the City of Roanoke. She stated that many
churches threaten to move to the suburbs if they are not
allowed to demolish buildings and pave green spaces for
the sake of parking; however, First Baptist Church is
obviously in the City stay. She pointed out that Old
Southwest sees no public benefit in the closing of
Marshall Avenue and the only gain would be to the Church
for its own private parking needs. She stated that
millions of dollars are proposed to be spent on the
Franklin/Elm Widening Project in order to improve the
traffic flow to and from downtown to old southwest, and
it makes no sense to cut off one of the existing avenues
of traffic flow. She added that closing Marshall Avenue
will throw additional traffic onto Day Avenue which is
highly residential with many young children, unlike
Marshall Avenue which is little more at the present time
than parking lots owned by First Baptist Church. She
stated that much of the now Day Avenue traffic comes from
First Baptist Church itself which demolished two houses
on Day Avenue in December 1990 for the purpose of ingress
and egress for its Marshall Avenue parking lots, and also
with the Marshall Avenue closing in mind. Before making
a decision on the request of First Baptist Church, she
uraed that Council and Church Dlanners read a new book
entitled, "America's Downtowns," which assesses the
effectiveness of courses of action in ten inner cities;
viz: Atlanta, Boston, Cincinnati, Denver, Jersey City,
Philadelphia, Roanoke, St. Paul, San Francisco, and
Seattle. She explained that such things as surface
parking in inner cities is a problem and can ruin a city.
She advised that if each business and each church in
downtown Roanoke and old southwest were given free rein
to do whatever they desired about parking for their
employees, customers and members, each would eventually
pave every park and green space for their own private
surface parking lots. She stated that too much progress
has been made in Roanoke, as well as the achievement of
national recognition, for Roanoke to allow businesses and
churches to become myopic about parking, and the larger
picture aad the long term good of the community at large
must be addressed. She advised that Old Southwest, Inc.,
opposes the closing of Marshall Avenue which would serve
only the private wishes of First Baptist Church and
detract from the good of the public.
613
ACTION:
Mr. Richard A. Dearing, 501 Clydesdale Street,
S. W., appeared before Council, and advised that he was
speaking in his capacity as a private citizen. He stated
that he is a real estate developer with an interest in
redevelopment of neighborhoods like old southwest. He
added that he has been personally involved in old
southwest since 1971 and he is now responsible for
approximately 71 rental units in the neighborhood. He
called attention to meetings with the Virginia Department
of Transportation approximately two to three years ago at
which time it was fully aired that the engineers of the
Department of Transportation recommended the closing of
Marshall Avenue. He stated that traffic engineers also
predicted that once the new Franklin Road project is
completed, there will be a sweep of traffic entering or
exiting downtown along Franklin Road, to Elm Avenue or
proceeding toward downtown, down Elm Avenue and Franklin
Road. With regard to surface parking, he stated that he
could foresee a campus setting, and encouraged Church
planners to copy what he would consider to be the most
beautiful parking lot in Roanoke -- the parking lot
adjoining The Hotel Roanoke.
There being no further discussion of the matter, and
no other persons wishing to be heard, Ordinance No. 30618
was adopted on its first reading by the following vote:
AYES: Council Members Fitzpatrick, Musser, White,
Bowles, Bowers and Mayor Taylor ..... 6.
(Council Member Harvey abstained from voting inasmuch as
he owns two parcels of land located inside the Master
Plan. He advised that the closing of Marshall Avenue,
S. W., could affect his property, either adversely or in
a favorable light.)
REFUSE COLLECTION: Pursuant to Resolution No.
25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for
Monday, July 8, 1991, at 7:30 p.m., or as soon thereafter
as the matter may be heard, to receive public comments on
a proposed Solid Waste Transfer Station and on the
proposed Solid Waste Management Plan for the City of
Roanoke, pursuant to requirements of House Bill 1743,
enacted by the 1989 Session of the Virginia General
Assembly, the matter was before the body.
614
Legal advertisement of the public hearing was
published in the morning editions of the Roanoke Times &
World-News on Friday, June 21, 1991, and Friday, June 28,
1991.
(See publisher's affidavit on file in the City Clerk's
Office.)
A report of the City Planning Commission advising
that the existing Roanoke Valley Regional Landfill is
scheduled to close in late 1993; that a new landfill
being sited in the Bradshaw Road area of Roanoke County
is expected to be operational by December 1993; and as
part of a Valley-wide approach to solid waste management,
Council has agreed to consider the siting of one non-
hazardous solid waste transfer facility within the City,
was before the body.
It was further advised that in December 1990, the
City Administration requested the Planning Commission's
assistance in providing citizen input into the develop-
ment of siting criteria for any future solid waste
transfer station in the City; that a Citizens' Advisory
Committee consisting of representatives from neighborhood
organizations was appointed by the subcommittee's
chairman to provide additional citizen input; and the
Long-Range Planning Subcommittee/Citizens' Advisory
Committee have met on numerous occasions since December
1990 and develoDed a siting criteria which served as
guidelines in identifying three potential sites for the
proposed solid waste transfer station, as follows:
Holltns Road South Site - Official Tax Nos.
3030402 and 3030405.
Holltns Road North Site - Official Tax Nos.
3041207, 3040901, 3040917, 3040918, 3040412,
3040413, 3040407, 3040408, 3042001 and
3110501.
Baker Avenue Site - Official Tax Nos. 2510306,
2510301, 2510303, 2510111, 2510110, 2510109,
2510104, 2510105, 2510106, 2510107, 2510108,
2510112, 2510113, 2510114, 2510115, 2510116,
2510117, 2510102, 2510129, 2510103, 2510131,
and 2510132.
615
The City Planning Commission recommended the Hollins
Road South site as the most suitable site for the
proposed Solid Waste Transfer Station and the Hollins
Road North site as the least suitable site due to the
need to amend the existing Deanwood Redevelopment Plan.
(For full text, see report on file in the City Clerk's
Office.)
A further report of the City Planning Commission
advising that the proposed Solid Waste Management Plan
was prepared in compliance with House Bill 1743 approved
by the Virginia General Assembly in 1989 which mandated
that every city, county and town must develop a solid
waste management plan that describes how the locality
will manage its solid waste and how it will implement a
recycling program to achieve recycling rates of ten per
cent by 1991, 15 per cent by 1992 and 25 per cent by 1995
as mandated by the State; and the responsibility for
preparing the Plan was delegated to the Planning
Commission's Long-Range Planning Subcommittee in December
1990, to address the following key waste management needs
of Roanoke City:
To maximize landfill life expectancy through a
comprehensive solid waste management program
that focuses on source reduction, reuse and
recycling.
City's solid waste in a landfill located in
Roanoke County via a transfer station located
in Roanoke City.
To educate both the public and private sectors
on: (a) the importance and benefits of
recycling, source reduction and reuse; and (b)
how comprehensive solid waste management will
protect the environment and reduce waste
transport and disposal costs.
To continuously explore the market for
recyclable materials in order to find the most
cost-effective means for rec~cling certain
materials, and to continuously search for
effective means of managing other solid waste.
To make solid waste management as financially
feasible as possible for Roanoke City and its
residents.
616
ACTION:
It was further advised that the Plan identifies
specific goals, objectives and recommendations to address
the needs; that in addition, it identifies strategies for
meeting the City's solid waste management objectives,
public and private sector involvement strategies and
sources of potential funding for implementation; and the
proposed Solid Waste Management Plan was unanimously
approved by the City Planning Commission following a
public hearing on June 5, 1991.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles offered the following Resolution:
(#30619-70891)
of the Solid Waste
Roanoke.
A RESOLUTION regarding the adoption
Management Plan for the City of
(For full text of Resolution, see Resolution Book No. 52,
page 435.)
The Mayor advised that the public hearing was for
the purpose of receiving the views of citizens on the
Solid Waste Transfer Station Site, but not to make a
final decision this evening on the placement of the site;
and secondly, he stated that Council may take action on
the Solid Waste Disposal Plan in the form of acting on a
resolution.
(#30619-70891)
Mrs. Bowles moved the adoption of Resolution No.
30619-70891. The motion was seconded by Mr. Fitzpatrick.
Mr. Kit B. Kiser, Director of Utilities and
Operations, advised that there would be a third matter
which Council would consider in Executive Session with
regard to negotiations with Roanoke County on use of the
landfill.
Mr. John R. Marlles, Secretary, City Planning
Commission, advised that the proposed Solid Waste
Management Plan was prepared by the City Planning
Commission with assistance of a citizens advisory
committee in response to House Bill 1743 which was
approved by the General Assembly in 1989. He stated that
the Bill mandated that every city, county and town In the
Commonwealth of Virginia must develop a solid waste
management plan which describes how the community will
617
handle its solid waste and how it will meet the State's
mandated recycling rates of ten per cent by 1991, 15 per
cent by 1992 and 25 per cent by 1995. He added that
House Bill 1743 also requires that communities update
their comprehensive solid waste management plans every
five years. He explained that in addition to mandating
how the City intends to meet the State's recycling
mandate, the Plan also attempts to address the City's
other waste management needs, including: 1) to maximize
landfill life expectancy through a comprehensive solid
waste management program that focuses on source
reduction, reusing, recycling which envisions ultimately
the disposal of Roanoke City's solid waste in a landfill
located in Roanoke County via a transfer station located
in Roanoke City, however, it does not address the issue
of which of the sites should be selected for the transfer
station site; 2) the need to educate public and private
sectors on the importance and benefits of recycling,
source reduction and reuse, and how comprehensive solid
waste management will protect the environment and reduce
waste transport and disposal costs; and 3) to
continuously explore the market for recyclable materials
and to find the most cost effective means for recycling
certain materials and searching for an effective means of
managing other solid waste, while addressing the need to
make solid waste management as financially feasible as
possible for Roanoke City and its residents. He
explained that the Plan was approved unanimously by the
City Planning Commission at its meeting on July 5, 1991,
following a public hearing.
Mr. Bruce N. Brenner, II, President, Cycle Systems,
2580 Broadway Avenue, S. W., one of the major private
haulers in the Roanoke Valley and one of the largest
multi-material recyclers in the Commonwealth of Virginia,
appeared before Council and advised that both the Solid
Waste Management Plan and the transfer station affect his
customers, therefore, it is important that Council hear
his point of view on both issues. Overall, he expressed
approval of both issues. As to the Solid Waste
Management Plan, he stated that it incorporates a great
deal from the State plan, especially recognizing the
hierarchy of waste recycling before landfilling. He
stated that the Plan recognizes that two-thirds of all
waste comes from the private sector, and two-thirds is
collected by the private sector, and it is important that
Council consider the private sector in its view points.
As to the transfer station, he stated that the Hollins
Road South site offers a location that is close to
highways, near the interstate and out of residential
areas, and this comparatively large site may offer some
unusual future alternatives. He added that from the
618
private sector, it should be recognized that there will
be two motivating factors: (1) the new tipping fee will
be $60.00 plus per ton and many businesses will search
for alternatives; and (2) there is a pending bill in
Congress proposing that the recycling mandate should
change from 25 per cent to 50 per cent by the year 2000,
and advising that Cycle Systems is prepared to expand
both of its facilities in order to meet these recycling
needs. He stated that the Plan recommends that the
localities work with private enterprise in developing
alternatives, advising that there may be some pleasant
surprises by working With the public/private partnership,
and requested that Council instruct the City Manager to
solicit, through the Economic Development Department and
the City Planning Commission, prior to design of the
transfer station, alternatives for development of the
Hollins Road South site.
With regard to the transfer station sites, Mr.
Marlles advised that in December 1990, the City
Administration requested the City Planning Commission's
assistance with the siting of a proposed Solid Waste
Transfer Station inasmuch as a transfer station is needed
to safely and economically transfer solid waste generated
in the City and from other member jurisdictions to the
new landfill which is being sited at Smith Gap in western
Roanoke County. He stated that over the past six months,
the City Planning Commission and the Citizens Advisory
Committee, which was appointed to assist the Commission,
ha~A attended numerous committee meetings, participated
in tours of existing regional landfills, and visited over
15 sites throughout the City that were originally under
consideration for the proposed transfer station.
However, prior to visiting any of the possible locations,
he pointed out that the committee developed a list of 22
criteria to use as guidelines in identifying a site, with
some of the more important criteria including identifying
a site consisting of at least ten acres to insure proper
design and room for future expansion, and identifying
sites that would be centrally located in respect to the
generation of solid waste in the Roanoke Valley,
accessibility to major highways and rail lines,
conformity to the proposed transfer station with existing
zoning, and compatibility with surrounding development.
He explained that the committee also took its
responsibility one step further by defining criteria to
serve as guidelines in operating the facility after a
site is finally selected, which design and operating
criteria were intended to insure that the facility would
be an asset regardless of where it is located in the City
and would be as compatible as possible with surrounding
development. He explained that the design and operating
criteria addresses such issues as access and internal
circulation on the site, landscaping and buffering,
outdoor storage, architectural compatibility, and
measures to minimize or eliminate potential problems
resulting from noise, odor or dust. He stated that
following the City Planning Commission's announcement in
April of the three sites currently under consideration,
City staff conducted four informational meetings to
discuss the project with property owners, surrounding
businesses and neighborhood residents; that the purpose
of the meetings was to explain the project and criteria
used by the Commission in identifying the three s~tes, to
discuss the proposed design and operating criteria, and
to share with citizens what the colmnittee perceived to be
the major advantages and disadvantages of each site.
noted that the meetings were well attended and a number
of suggestions were made by participants which were
feasible and were incorporated into the proposed design
and operating criteria. He stated that at the City
Planning Commission's public hearing on May 22, 1991, at
William Fleming High School, 17 citizens addressed the
Commission; that major concerns expressed and addressed
in a report of the City Planning Commission to Council
included traffic impact of the proposed transfer station
on Hollins Road and Route 460, safety of school children
in the vicinity of the proposed transfer station sites,
potential odor, noise and pest problems, problems
associated with liquid residue from collection vehicles
and chemicals used or stored at the facility, impact on
economic development in the Deanwood Redevelopment area,
appearance of the facility aha ~mpuc% u~ ~o
property values. In addition, he pointed out that a
number of citizen petitions were submitted to the City
Planning Commission, copy of which were attached to the
Planning Commission's report. He advised that after
consideration of all of the issues and also taking into
consideration the concerns raised by citizens at the
informational meetings and the formal public hearing, the
City Planning Commission voted unanimously at its meeting
on July 3, to recommend that Council utilize the proposed
site and design operating criteria, and further
recommended that the Hollins Road South site would be the
most suitable location for the proposed solid waste
transfer station and the Hollins Road North site would be
the least suitable.
620
Ms. June K. Sller, 3748 Barberry Avenue, N. W.,
presented a communication from Mrs. Guy Hancock, 3628
Barberry Avenue, N. W., requesting that the Baker Street
site not be considered as a location for the transfer
station. She called attention to traffic problems which
already exist on Shenandoah Avenue, and asked that
Council favorably consider the Hollins Road South site
because industries already exist in the area.
Mr. B. A. Bradford, 3626 Lilac Avenue, N. W., called
attention to existing traffic congestion on Shenandoah
Avenue.
Mr. Phlllip D. Clark, 1222 Liberty Road, N. E.,
supported the recommendation of the City Planning
Commission with regard to the transfer station site. He
stated that he hoped the neighborhood civic organization
would make a stronger attempt to beautify the community
in order to provide a more wholesome way of life for
citizens residing in. the area.
Ms. Eva B. Harlow, 122 17th Street, S. E., advised
that she was against locating the transfer station in
southeast Roanoke. She presented a petition signed by
persons residing in northeast and southeast in opposition
to location of the transfer station in those areas of the
City. She called attention to traffic problems in
southeast, advising that in the past, residents of
.... ~~ ~9~9~ hav~ had to tolerate the Sewage
Treatment Plant, the sludge field, a landfill in Fallon
Park where the current ball field is located, and the
former bus barn. She called attention to increased
traffic with over 300 - 400 trucks per day going to and
from the transfer station which poses a hazardous
condition for children attending Fallon Park Elementary
School, and requested that the transfer station not be
located in her area of the City.
Mr. Louis D. Harlow, Jr., 1511 Church Avenue, S. E.,
advised that locating the transfer station at the Hollins
Road South site creates another dilemma. He called
attention to heavy duty trucks which presently haul
petroleum products in and out of the area, advising that
the road cannot handle an additional 300 vehicles per
day. He stated that more planning is needed and a more
neutral site should be proposed. He added that progress
is needed in the Roanoke Valley, however, along with
progress, the needs of all citizens should be taken into
consideration. He called attention to the City's
efforts to revitalize downtown and commented that the
proposed transfer station would be approximately three
ACTION:
blocks from downtown and not a great distance away from
the Dominion Tower building which costs millions of
dollars to construct. He also called attention to a
problem with odor from the transfer station.
Mr. Rick Hendrick, 933 Missouri Avenue, N. E., spoke
in support of the Hollins Road South site for the
proposed transfer station.
No other persons wishing to address Council,
Resolution No. 30619-70891 was adopted by the following
vote=
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor--- 7.
NAYS: None
CONSENT AGENDA:
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
attention to two requests for Executive Sessions to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council; and ~m=~iZlc Ic~&l matt:r~
requiring the provision of legal advice by counsel, being
the terms and conditions of proposed agreements for
development of a regional landfill facility.
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344(A)(1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
622
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that Council concur in the request
of the Mayor to convene in Executive Session to discuss
personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed
by Council, pursuant to Section 2.1-344(A)(1), Code of
Virginia (1950), as amended. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ...... ?.
NAYS: None 0.
PENDING LIST: A list of items pending from July 10,
1978, through June 24, 1991, was before Council.
(For full text, see pending list on file in the City
Clerk's Office.)
Mrs. Bowles moved that the pending list be received
and filed. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ............ 7.
NAYS: None 0.
Marilyn C. Curtis, Ms. M. Wendy O;~eil, and Mr. James M.
Turner, Jr., as Trustees of the Roanoke City School Board
for terms of three years each, commencing July 1, 1991,
and ending June 30, 1994, was before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None 0.
623
ACTION:
ROANOKE ARTS COMMISSION: A report of qualification
of Ms. Elizabeth K. Bernard as a member of the Roanoke
Arts Commission for a term ending June 30, 1993, was
before Council.
(See Oath or Affirmation of Office on file in the City
Clerk's Office.)
Mrs. Bowles moved that the report of qualification
be received and filed. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ...... 7.
NAYS: None 0.
COUNCIL: A report of the City Manager requesting an
Executive Session to discuss specific legal matters
requiring the provision of legal advice by counsel, being
the terms and conditions of proposed agreements for
development of a regional landfill facility, pursuant to
Section 2.1-344(A)(7), Code of Virginia (1950), as
amended, was before Council.
(For full text, see report on file in the City Clerk's
Office.)
~r~. Rn~l~ moved that Council concur in the request
of the City Manager to convene in Executive Sesszon Uu
discuss specific legal matters requiring the provision of
legal advice by counsel, being the terms and conditions
of proposed agreements for development of a regional
landfill facility, pursuant to Section 2.1-344(A)(7),
Code of Virginia (1950), as amended. The motion was
seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor .......... 7.
NAYS: None' -0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC Fu%TTERS: NONE.
PETITIONS AND COMMUNICATIONS:
624
ARCHITECTURAL REVIEW BOARD: Mr. H. Caldwell Butler,
Attorney, representing St. Mark's Lutheran Church,
appeared before Council to appeal a decision rendered by
the Architectural Review Board in connection with denial
of the request of the Church to obtain a Certificate of
Appropriateness to demolish a building located at 1001
Third Street, S.W. He advised that the Church would
like to tear down the building in order to make room for
additional parking and to expand the Church facility. He
stated that the character of the neighborhood is
significant, noting that there are five churches in the
immediate neighborhood, with very few owner-occupied
residences. He noted that St. Mark's Lutheran Church has
the oldest congregation in the City of Roanoke, its first
facility having been located where Greene Memorial United
Hethodist Church now.stands. He explained that in 1968,
the Church purchased the house which is presently under
discussion for the express purpose of using the area to
expand; that a long range planning study was prepared, a
consultant was hired and the recommendation of the
consultant is presently before Council. He commented
that the house was formerly occupied by the Free Clinic
of Roanoke Valley until 1990; and the property is
commercially zoned, which limits its use, and it is in
need of major repairs if it is to be brought into
compliance with the City's Building Code requirements
which could cost as much as $200,000.00. He pointed out
that it was doubtful that the dwelling could be used in
dwelling would cost in the range of $60,000.00 to
SZO0,O00.O0 and the question would then become where to
move the house inasmuch as professionals have stated that
the structure is too wide to move down Franklin Road,
advising that the Church would gladly donate the building
to anyone who would like to move it. He explained that
in order to be in compliance with the City Code, 86
parking spaces are required and the Church currently
provides only 57, therefore, it does not meet
requirements of the Zoning Ordinance at the present time.
He stated that St. Mark's Lutheran Church is a dynamic
and important part of the area that it serves, having
given rent free rent for 15 years to the Free Clinic; and
Mental Health Services of the Roanoke Valley presently
occupies the former Pugh residence which is owned by the
Church and serves as an example that St. Mark's is a good
citizen and a dedicated downtown parish. He stated that
the matter represents a classic confrontation between the
needs of a dynamic, expanding church, a valuable member
of the community, and the material desires of well
meaning citizens to prevent the demolition of a structure
which, in its better days, was an imposing residence
625
which was situated in a residential neighborhood. He
added that as the needs of the Church have expanded, the
residential nature of the area has changed, and the time
has come when a dgteriorating structure is no longer
capable of serving any useful purpose and must give way
to progress. He advised that it is hoped that Council
will grant the request of St. Mark's Lutheran Church and
permit the Church to move forward with its plans for
expansion.
Mr. Roy M. Kinsey, Architect, 2541 South Clearing
Road, Salem, Virginia, advised that in August 1990, he
inspected the structure which is proposed to be
demolished. He stated that there is a difference between
architectural merit and sentimental value, advising that
the building has deteriorated cornices which need to be
replaced, columns on the front porch which are of no
style and the building is a "pock mark" on the landscape.
He expressed the opinion that the structure is not worthy
of recycling or preservation.
Ms. Estelle K. Nichols, 1240 Third Street, S. W.,
Executive Director of the Free Clinic of Roanoke Valley,
appeared before Council and advised that the Free Clinic
was housed in the structure at 1001 Third Street, S. Wo,
for 16 years and five of those years were very difficult
because the building was in poor condition. She stated
that churches like St. Mark's Lutheran Church must focus
and remain focused on their mission; that the Church is
plans on hold for many years mainly because the Free
Clinic occupied the building. She stated that when the
Free Clinic moved into the dwelling, it was to be for a
few years, however, the Free Clinic remained there for 16
years, advising that the Church did ask them to vacate
the building, but instead chose to place its progress on
hold, and the Church is now asking Council to give it the
right to move forward with its building plans. She
pointed out that St. Mark's is and has been a good
neighbor to the community; that it is largely involved in
community outreach; that part of its mission is to take
care of its congregation while also taking care of
citizens in the City who need the help of the Church
through outreach services. She requested that Council
give St. John's Lutheran Church the opportunity to move
forward with its building plans.
626
Mr. James A. Ford, 303 Washington Avenue, S. W.,
spoke in favor of demolishing the structure, advising
that nothing exists which is aesthetically appealing to
preserve. He stated that he is a member of Old
Southwest, Inc., and approves of what Old Southwest is
endeavoring to do for the neighborhood as a whole, but in
this particular instance, he is highly in favor of the
request of St. Mark's Lutheran Church to demolish the
structure and move forward with its building plans.
Dr. Charles W. Easley, Pastor, St. Mark's Lutheran
Church, advised that five years ago when he became pastor
of the Church, it was the intention of the Church to
embark upon a building program. He stated that the
Church has no intention of ever leaving its current inner
city location and it is committed to a ministry that has
existed since the Church relocated in 1954. He stated
that in 1968, St. John's should have embarked upon this
second phase of its building program, but because it was
committed to its ministry and outreach ministry to the
community, the building program was delayed. He advised
that it is time for the Church to upgrade its facilities
so that it will continue to be a dynamic growing
congregation located in the inner city.
Mr. Ron Keith Atkinson, 3057 Timberline Avenue,
S. W., advised that he is Chairman of the Long Range
Planning Committee of St. Mark's Lutheran Church. He
proposed to be blended into the present Church structure,
and St. John's would like to show the City and the
residents of old southwest that it will continue to
provide outreach ministry to the community. He called
attention to overcrowding of the Church as a result of
certain community outreach programs that are offered to
the citizens of Roanoke which is one of the reasons that
the Church needs to embark upon its proposed expansion
program.
Ms. Petie Brigham, representing Old Southwest, Inc.,
presented a map illustrating the locations in old
southwest which are occupied by churches. She stated
that she was aware that Council is familiar with the
sentiments of Old Southwest, Inc., with regard to further
demolitions in the neighborhood, advising that old
southwest has been struggling for many years to make a
comeback; that the old southwest of today is far
different from the dilapidated, crime ridden neighborhood
that it was 15 to 20 years ago and much effort has been
expended by citizens to achieve that goal. She further
stated that demolition by neglect is reprehensible; that
627
tl
there is no valid argument if a property owner wilfully
allows a structure to fall into disrepair so that he or
she can argue to the Architectural Review Board or to
Council that the building is beyond repair; and
unfortunately the City has no law requiring owners to
maintain their property. She pointed out that "beyond
repair" means nothing to those who have seen so many
buildings repaired and/or reused over the years, which
has been seen not only in southwest but most recently in
a building located at 302 Washington Avenue, S. W., and
in many cases in downtown Roanoke when structures were
rehabilitated that were in far worse condition than the
building that St. Mark's has labeled as hopeless. She
stated that leaking gutters, unrepaired roofs, and years
of neglect and abuse can make a building look bad in
appearance, but the buildings in old southwest were
constructed to last.
Ms. Brigham advised that demolition for the sake of
surface parking is particularly unwanted in old
southwest; that the area has already lost far too many
buildings to parking; that parking lots are not
attractive and it is felt that there is adequate parking
near all of the churches in old southwest. She suggested
that the churches confer with some of the surrounding
businesses in an effort to work out an arrangement to use
their parking lots on evenings and weekends. She pointed
out that two years ago, St. John's Episcopal Church
demolished an apartment house on Mountain Avenue, and a
i ~i~ ;i .............
Street and Mountain Avenue now sets empty and decaying.
She stated that in December 1990, First Baptist Church
demolished two houses on Day Avenue to provide more
parking, while a nearby identical house in the same block
was being rehabilitated by its owner. She added that
last year when the neighborhood learned of the plans of
St. Mark's Lutheran Church to demolish the structure, Old
Southwest, Inc., requested a meeting with Church
officials to express their concerns, however, the Church
refused to meet with representatives of the organization.
Ms. Brigham explained that churches use two tactics
when stating their cases for demolition; viz: 1) the
good they do in community; or 2) because of parking
problems, the membership has decreased or will decrease,
and, if they are unable to provide more parking spaces
and/or more buildings, they will be forced to abandon
their old southwest location and move elsewhere. She
advised that the argument of St. Mark's Lutheran Church
for parking is based on two points; viz: 'elderly members
of the congregation who cannot walk great distances and
the threat of crime. She suggested that the Church
628
initiate a program in which the least able would have the
closest parking spaces, as well as a system whereby
younger members of the congregation could provide a type
of valet parking program to aid elderly members. On the
issue of crime, she stated that the same old southwest of
today is not the old southwest of 15 to 20 years ago,
advising that there Is very little crime, particularly
violent crime. She requested that St. Mark's Lutheran
Church review its expansion plans in order to incorporate
the structure located at 1001 Third Street, S. W. She
asked that the Church consider the future of the
neighborhood as well as its own needs, and requested that
the Church Join with the neighborhood rather than fight
it. She further requested that Council deny the appeal
of St. Mark's Lutheran Church so that the property
located at 1001 Third Street, S. W., will remain a
beautiful element of old southwest Roanoke.
Ms. Joel W. Rlchert, 415 Allison Avenue, S. W.,
called attention to correspondence from Old Southwest,
Inc., to officials of St. Mark's Lutheran Church
requesting a meeting with Church officials to discuss
future expansion plans in which the Church advised that
nothing would be gained by meeting with the neighborhood
organization.
Mr. W. L. Whitwell, Chair, Architectural Review
Board, presented a written report of the Board,
reauestin~ that Council affirm the decision and findings
of the Architectural Review Board and not grant a
Certificate of Appropriateness for demolition of the
building located at 1003 Third Street, S. W., advising
that the building is a contributing architectural
structure in the historic district and its demolition
would not be in the'best interest of the neighborhood
preservation district.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Whitwell further advised that the Architectural
Review Board felt that the building was a contributing
member of the H-2 District, which Council instituted in
old southwest in 1987 with a view toward protecting the
heritage of the neighborhood. He stated that the Board
felt that the structure has importance in terms of mass
scale, details and plays an important part in the overall
fabric of old southwest and the historic district. He
commented that speaking in his capacity as a professional
architectural historian, he did not think that the
architect who designed the building had failed in his
attempt, or that the style was inappropriate, or an
629
II
II
embarrassment to the architecture as stated by a previous
speaker. He stated that the building is not a "harrow,"
that four members of the Architectural Review Board felt
it was worthy of preservation, and the decision of the
Board was based solely on the architectural merit of the
building. He asked that Council support the decision of
the Architectural Review Board and the Ordinance that
Council enacted in 1987.
Mr. Harvey moved that Council is of the opinion that
loss of the structure at 1003 Third Street, S. W., would
not be adverse to the district or to the public interest
by virtue of its uniqueness or its significance to the
district; that demolition of the structure would not have
an adverse affect on the character and surrounding
environment of the district; that the proposed new use of
the petitioner satisfies the intent and standards of the
H-2 District; that the decision of the Architectural
Review Board be reversed and that a Certificate of
Appropriateness be granted; and the petitioner,
interposing no objection, the City Administration is
directed to withhold issuing the Certificate of
Appropriateness for a period of 90 days from July 8,
1991. The motion was seconded by Mr. Musser.
Mr. Bowers advised that one of the things that
Roanoke enjoys that other great cities of the south do
not enjoy are the viable churches of each leading
denomination in the inner city areas and older
nelgnuornood~. Oz~ ti,=u~z.~,'~-- .._.._.=--~ ...... ~ -~=e~ chat Roanoke
has a very well maintained residential area and the
question before Council is a classic example of a clash
between the concept of viable chl%rches and a historic and
well preserved residential neighborhood. He further
stated that representatives of Old Southwest, Inc., have
appeared before Council to point out that when
architectural distinctions in old southwest are changed,
the integrity of the historic and architectural nature of
the neighborhood is lost and the neighborhood then
becomes Just another neighborhood like any other
neighborhood in the City, and old southwest does not want
to have the reputation of being like any other
neighborhood in Roanoke. He stated that Council has an
obligation to old southwest and to the viability of inner
city churches, however, he was concerned when he learned
that officials of St. Mark's Lutheran Church were
unwilling to meet with representatives of Old Southwest,
Inc., to discuss the plans for the structure in question.
He advised that at some point, the line has to be drawn,
and of the two clashing principles, the principle of
preservation of the neighborhood is important to him at
this time.
630
ACTION:
The motion offered by Mr. Harvey, seconded by Mr.
Musser, was adopted by the following vote:
AYES= Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Taylor .............. 6.
NAYS: Council Member Bowers ...................... 1.
At 10:15 p.m., the Mayor declared the meeting in
recess.
At 10:30 p.m., the meeting reconvened in the Council
Chamber with Mayor Taylor presiding, and all Members of
the Council in attendance.
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting that Council appropriate
funds to the following school accounts:
Grant No. 6593
$51,870.00 for the Child
Development Clinic Program to
provide funds for the salary
and expenses of the educational
coordinator at the clinic. The
Program will be reimbursed one
hundred per cent by State
funds.
Grant No. 6594
$64,719.00 for the Child
Specialty Services Program to
provide funds for the salary
and expenses of the educational
coordinator. The Program will
be reimbursed one hundred per
cent by State funds.
Grant No. 6595
$73,033.00 for the Juvenile
Detention Home Program to
provide funds for the salary
and expenses of the two
educational coordinators at the
detontion home. The Program
will be reimbursed one hundred
per cent by State funds.
631
Grant No. 6596
$325,000.00 for the Special
Education Tuition Program to
provide funds for the placement
of special education students
at the direction of the State
Department of Education. The
Program will be reimbursed one
hundred per cent by State
funds.
Grant No. 6746
$157,087.00 for the 1991-92
Apprenticeship Program to
provide on-the-job and class-
room vocational instruction for
students in the Apprenticeship
Program. The Program will be
reimbursed one hundred per cent
by State funds and fees paid by
participants.
Grant No. 6977
$785,556.00 for the 1991-92
Governor's School Program to
provide instruction in science
and math to high school
students. The Program will be
supported by State funds and
tuition collected from
participating school districts.
Grant No. 6978
$3,300.00 for the Teaching
Peace Grant to utilize a
donation from the Peace
Development Fund to support the
Roanoke City Schools conflict
resolution and dismantling
racism training program for
teachers.
The School Board further requested that Council
appropriate funds, in the amount of $46,670.00, to
provide for operation of two transit type buses for field
trip use by the schools, advising that funds will be
provided from fees charged to schools for actual bus use;
and appropriate $2,500,000.00 for renovation of Forest
Park Elementary School, advising that a Literary Fund
Loan has been approved for the project in the abovestated
amount.
(For full text, see communication on file in the City
Clerk's Office.)
632
ACTION:
A report of the Director of Finance advising that he
has reviewed the request of the School Board and
recommending that Council concur in said request, was
also before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30620-70891) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant, General and
Capital Projects Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 52,
page 436.)
Mr. Harvey moved the adoption of Ordinance No.
30620-70891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles-and Mayor Taylor .................. 7.
NAYS: None 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BRIDGES: The City Manager submitted a written
report advising that the 1978 Surface Transportation Act
enacted by Congress requires that all bridges, including
"off Federal Aid System," structures, must be included in
the bi-annual inspection program; that Supplementary
Bridge Inspection Reports are required on 67 structures
in the City this year; that 41 structures (40 bridges and
one tunnel), are inspected annually while 27 structures
are inspected bi-annually; that the Federal Highway
Administration has established a new requirement that all
existing bridges be screened for potential scour and take
appropriate remedial actions where a high potential for
scour exists; and a field evaluation for scour is
required on 45 in the City.
633
It was further'advised that Engineering Services
Qualification Proposals for necessary technical
inspections and reports were publicly advertised and
received from Hayes, Seay, Mattern and Mattern, Inc.,
Mattern and Craig, Inc., and Anderson and Associates;
that selection of firms for consideration was based on
certain criteria; that interviews were held with the
three qualified firms; that negotiations were conducted
with Mattern & Craig, Inc., for necessary technical
inspections, reports, and scour screenings; and Mattern &
Craig, Inc., was selected as the most qualified firm due
to its past performance on bridge inspections, as well as
a proposal to provide the City with a priority schedule,
including cost estimates for any necessary repairs,
replacements or modifications.
It was explained that in-depth inspections are now
required by Federal and State Highway agencies relative
to a particular aspect of bridge inspection as a result
of catastrophic bridge failures in other states in recent
years; that under bridge inspections require more care to
detect possible erosion of support in waterways beneath
bridge structures; that many of the City's bridges which
are being inspected are above waterways, the majority of
which have structural supports underwater, that must be
analyzed physically and mathematically to determine
catastrophic scour potential; and scope of work to be
performed includes the following:
field investigations of 67 structures to
include pertinent roadway approaches,
waterway, piers and abutments, bearings,
stringers, beams, girders, decks, expansion
Joints, curbs, sidewalks, bridge railing,
culverts and signing, with the Airport Tunnel
also to be inspected;
field investigations of 45 bridges for scour
potential to include review of available
construction plans, foundation borings, safety
inspection reports, maintenance history, maps
and photographs as well as an in-depth on-site
review;
bridge and culvert Inspection reports and
field evaluation of scour potential reports to
be prepared with s~tches and/or photographs
to adequately describe deficiencies and
problem areas; and
634
ACTION=
final inspection documents completed in
accordance with Federal, State and City
criteria regarding the bridge inspection
program, with all reports to be completed
before the end of 1991.
It was further explained that cost reimbursement fee
for engineering services is based on actual manhours used
to physically review each component of the 67 bridges and
one tunnel; that Mattern & Craig, Inc., in following this
billing procedure, offers reasonable manhour pay rates
and an acceptable cost ceiling; and declining costs, as
indicated below, are due to load rating analyses which
were required, with the majority performed in 1989 and
the remaining in 1990, and no load rating analyses are
required in 1991:
1989 Total Inspection Costs: $123,800.00
1990 Total Inspection Costs: $97,500.00
1991 Proposed Inspection Contract: $78,000.00
The City Manager recommended that Council award an
engineering services reimbursement, with cost ceiling
contract, to Mattern & Craig, Inc., subject to approval
by the City Attorney, in the amount of $78,000.00,
advising that funding is available for the contract from
the General Fund Fees For Professional Services,
Enqineerinq, Account No. 001-052-4310-2010, and the
Airport Commission, upon approval by the Airport
Executive Director, and reimbursement will be requested
by the Engineering Department from the Airport upon
completion of the work.
(For full text, see xeport on file in the City Clerk's
Office.)
Mr. Bowers offered the following Resolution:
(#30621-70891) A RESOLUTION authorizing the City
Manager to enter into an engineering services
reimbursement, with cost ceiling contract, with a certain
engineering firm, providing for the performance of
certain bridge inspection services; and rejecting certain
other proposals.
(For full text of Resolution, see Resolution Book No. 52,
page 438.)
Mr. Bowers moved the adoption of Resolution No.
30621-70891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
635
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor .................. 7.
NAYS: None 0.
PARKS AND PLAYGROUNDS-TRAFFIC: The City Manager
submitted a written report advising that Council,
pursuant to Ordinance No. 16941 adopted on April 4, 1966,
designated the name Strauss Park and dedicated the area
for public park and recreational use; that Peters Creek
Road Extension was p~ogrammed by the Virginia Department
of Transportation (VDOT) in its Six-Year Improvement
Program, in accordance with Council's request on June 17,
1985, pursuant to Resolution No. 27613; and Council, at
its meeting on March 5, 1990, approved the alignment for
Peters Creek Road Extension, which included the need for
the roadway to pass through Strauss Park.
It was further advised that Strauss Park is one of
56 parks in the City of Roanoke; that its 25.871 acres
was acquired by the City in 1966 and lies on the westerly
side of Westside Boulevard, Just north of Shenandoah
Avenue, N. W.; that Peters Creek splits the park land
into two tracts; and the eastern half of Strauss Park
contains 11.098 acres and includes the park's
recreational facilities, which were purchased by the City
from Wtlmont Realty Corporation and developed with HUD
Open Space Grant Funds.
It was explained that the western half of Strauss
Park contains 14.773 acres of steeply sloping terrain
which has not been used, nor is it any longer needed for
use as a public park; that this portion was a gift to the
City of Roanoke from Wilmont Realty Corporation for use
as a public park and public recreation area; that Mr.
Maury Strauss, former president of Wilmont Realty
Corporation, has agreed in writing to release said
property from the restriction that it be used as a public
park and public recreation area to the extent necessary
for highway right-oftway for construction of the project,
in a release under date of May 31, 1991; and no federal
or state funds were utilized in the original acquisition
or development of the portion of Strauss Park.
The City Manager pointed out that the Virginia
Department of Transportation's Environmental Quality
Division has requested, for purposes of completing the
Final Environmental Assessment, that Council, to the
extent possible, provide a resolution to convert the park
land required for construction from public park and
recreational use to highway right-of-way, based upon
alignment through the park which has been previously
636
recommended; that estimated amount of park land to be
converted to highway right-of-way is 3.8 acres for
permanent right-of-way; that an additional 3.0 acres will
be needed for a temporary construction easement which
will revert to park property upon project completion; and
a 3.4 acre area of park land will be separated from
existing park facilities, which area is located between
Spanish Trace Apartments and the proposed roadway,
leaving 15.6 acres remaining to the east.
The City Manager recommended that Council formally
determine that the land in Strauss Park required for
construction and highway right-of-way is no longer
necessary for public park purposes.
(For full text, see .report on file in the City Clerk's
Office.)
Mr. Musser moved that the following Ordinance be
placed upon its first reading:
(#30622) AN ORDINANCE releasing a portion of
Strauss Park from its dedication to public park and
recreational use.
(For full text of Ordinance, see Ordinance Book No. 53,
page 4.)
adopted by the following vote:
AYES.' Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ........... 7.
NAYS: None- 0.
CITY ATTORNEY:
ELECTIONS-CIRCUIT COURT: The City Attorney
submitted a written report advising that the Honorable
Patsy Testerman, Clerk of the Circuit Court, has retired
effective July 2, 1991, and in this regard, S24.1-76(B),
Code of Virginia (1950), as amended, provides as follows:
"When a vacancy occurs in any elected county,
city, town or district office and no provision
is made for filling the same for the unexpired
portion of the term of office, the governing
body of the county, city or town shall, within
fifteen days of the occurrence of such
vacancy, petition the court to issue a writ of
election to fill such vacancy .... "
637
ACTION:
It was further advised that the writ of election
will order that an election be held at the next ensuing
general election which will be on November 5, 1991; that
the person elected to the Office of Clerk of Circuit
Court will serve for the unexpired portion of Ms.
Testerman's term; and Council may authorize the filing of
a Petition for Writ of Election with the Circuit Court,
which will allow the election to fill the vacancy created
by the retirement of Ms. Testerman to occur in compliance
with the provisions of the Code of Virginia.
The City Attorney recommended adoption of a
resolution authorizing the filing of a Petition for Writ
of Election with the Circuit Court with respect to the
vacancy in the Office of the Clerk of Circuit Court
created by the retirement of the Honorable Patsy
Testerman.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
(#30623-70891) A RESOLUTION authorizing the City
Attorney to file a Petition for Writ of Election with
respect to the vacancy in the Office of the Clerk of
Circuit Court created by the retirement of the Honorable
Patsy Testerman.
(For full text of Resolution, see Resolution uuuk ~u. 52,
page 438.)
Mr. White moved the adoption of Resolution No.
30623-70891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None 0.
WATER DEPARTMENT-LEGISLATION: The City Attorney
submitted a written report advising that the United
States Congress is currently finalizing legislation
relating to the reduction of lead in drinking water; that
one version of legislation under consideration would
require the Environmental Protection Agency to set a
maximum contaminant level for lead at the homeowner's
tap; that current lead and other water standards are
monitored and enforced at the water meter, which is the
end point of the public water system; and such federal
requirement would cause numerous problems for the City of
638
ACTION=
Roanoke, including placing the City in the position of
being legally responsible for plumbing and fixtures
inside the homes of citizens and out of City control.
It was further advised that lead levels in drinking
water need to be reduced at locations where the lead
limit is above safe drinking water standards and the City
Joins with other municipalities in urging appropriate
action to accomplish said goal; that the City
Administration, however, does not believe that having the
Federal Government set a maximum level for lead at the
homeowner's tap is the appropriate method of achieving
this goal; and, in addition to the obvious administrative
and liability concerns that such a standard would create,
the City would also face fines of up to $25,000.00 per
day for non-compliance under the Federal Safe Drinking
Water Act.
The City Attorney transmitted a resolution
expressing the City's opposition to establishment by the
Federal Government of a maximum contaminant level for
lead at the homeowner's tap in the City of Roanoke.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following Resolution:
Counc~i:;--o~p'o's~i~t'i'on to establishment by the Federal
Government of a maximum contaminant level for lead at the
homeowner's tap in the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 52,
page 439.)
Mr. Harvey moved the adoption of Resolution No.
30624-70891. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ........... 7.
NAYS: None 0.
BONDS-SCHOOLS: The City Attorney submitted a
written report advising that Council, at its regular
meeting on Tuesday, May 28, 1991, adopted an ordinance
authorizing the issuance of general obligation school
bonds, in an amount not to exceed $2,000,000.00, to fund
improvements at Crystal Spring Elementary School; and
bond counsel for the Virginia Public School Authority has
639
ACTION:
requested that the City and all other entities which are
participating in the bond program enact certain changes
in the measure authorizing issuance of the bonds.
It was further advised that the proposed amending
ordinance will change the principal and interest payment
dates from December 15 and June 15 to January 15 and July
15, respectively, of each year; that the ordinance
deletes, as inapplicable, the references to premiums on
the bonds, and further provides that the City shall
comply with the requirements of the Internal Revenue Code
so that interest on the bonds will be excludable from
gross income of the purchasers for Federal income tax
purposes.
The City Attorney transmitted a proposed Ordinance
for consideration by Council.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following emergency
Ordinance:
(~30625-?0891) AN ORDINANCE amending and restating
certain provisions to an Ordinance authorizing the
issuance of not to exceed $2,000,000.00 General
Obligation School Bonds, Series of 1991, of the City of
Roanoke, Virqinta; and ~rovt~n. ~n~ ~n ~m.,,~,...
(For full text of Ordinance, see Ordinance Book No. 52,
page 440.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30625-70891. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None 0.
REPORTS OF COMMITTEES:
SALE/PURCHASE OF PROPERTY-INDUSTRIES= Council
Member Elizabeth T. Bowles, Chair of the Water Resources
Committee, presented a written report on behalf of the
committee, with regard to execution of a lease agreement
with Mr. Paul Umbarger, representing Eagle Valley Ranch,
for lease of the approximately 140 acre "Douthat Farm",
being a portion of the Roanoke Centre for Industry and
Technology, for a term of five years.
640
A staff report advised that the "Douthat Farm" was
acquired by the City in October 1989; that Mr. A. Wade
Douthat leased the property back to provide himself with
time to acquire new property and vacate the premises;
that farming rights to the approximately 140 acre tract
were leased for $20.00 per acre per year; that pursuant
to the request of Mr..Douthat, the lease of the farm land
portion of property terminated on July 13, 1990; and at
the time, the lease of the house and cabin was extended
on a month-to-month basis, pursuant to Ordinance No.
30204-82790.
It was further advised that a purchase order was
issued on November 21, 1990, which engaged the services
of Eagle Valley Ranch, c/o Mr. Paul Umbarger, to provide
labor and materials to curtail vegetation growth to 12
inches for the period of November 15, 1990, through June
30, 1991, with the stipulation that the vendor will be
permitted to graze livestock, mow hay or till crops on
the property, and provide and maintain fencing to secure
livestock, assume all liability for damage to and by his
actions or actions of his livestock, machinery,
equipment, employees and guests, which purchase order
could be canceled upon 30 days notice.
It was noted that Eagle Valley Ranch has agreed that
when the term of the purchase order expires, they will
accept a month-to-month lease similar to that which was
maintaining, moving, and removing fencing, subject to
lease termination or leased area revision on a 30 day
notice basis, with the term of the purchase order to
expire on June 30, 1991.
The Water Resources Committee recommended that
Council authorize appropriate City officials to execute
a lease of the approximately 140 acre "Douthat Farm," a
portion of the Roanoke Centre of Industry and Technology,
to Eagle Valley Ranch, c/o Mr. Paul Umbarger, at a lease
fee of $20.00 per acre per year, for a five year term,
upon certain terms and conditions.
(For full text, see reports on file in the City Clerk's
Office,)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
641
ACTION:
(#30626) AN ORDINANCE authorizing the lease of
certain city-owned property to Paul Umbarger, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 5.)
The motion was seconded by Mr. Bowers and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles'and Mayor Taylor ................. 7.
NAYS: None 0.
SALE/PURCHASE OF PROPERTY-HEALTH DEPARTMENT:
Council Member Elizabeth T. Bowles, Chair of the Water
Resources Committee, presented a written report on behalf
of the committee, in connection with execution of a new
lease agreement with the State Department of Health for
the Health Center building located at Campbell Avenue and
Eighth Street, S. W., for a term of five years.
A staff report advised that Council authorized the
renewal of the lease of the Health Center facility to the
State Department of Health for a five year term from
July 1, 1986, through June 30, 1991, pursuant to
Ordinance No. 28217 adone~ ---.T,,1,, la ~Q£- ~ ..... ~-
law, enacted in 1980, eliminateda~%omatically renewable
leases by state agencies; and the City's lease time limit
is five years without public advertisement and receipt of
bids.
It was further advised that the Health Center was
originally constructed in 1951 at a cost of $400,901.55,
using Federal Hill-Burton funds, with the City funding
33.5 per cent of said cost; that a new lease has been
submitted by the State Department of Health; that the
rate structure has remained the same as the fifth year of
the current term in the proposed new five year lease,
which produces $4~,000.00 per year; and payment
reimburses the City for building maintenance costs.
The Water Resources Committee recommended that
Council authorize appropriate City officials to execute
a new five year lease agreement with the State Department
of Health for use of the Health Center facility.
(For full text, see reports on file in the City Clerk's
Office.)
642
ACTION:
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(#30627) AN ORDINANCE authorizing the lease of
certain city-owned property to the State Department of
Health, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 6.)
The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ........ 7.
NAYS: None O.
SALE/PURCHASE OF PROPERTY-SPECIAL PERMITS-BLUE
CROSS/BLUE SHIELD: Council Member Elizabeth T. Bowles,
Chair of the Water Resources Committee, presented a
written report on behalf of the committee, in connection
with execution of a lease agreement with Blue Cross and
Blue Shield of Virginia which would permit Blue Cross and
Blue Shield to erect a new sign on the northwest corner
of Key Plaza.
A staff report advised that Blue Cross and Blue
~h~l~ n~ u~r, tn~a is located on the southeast corner of
the intersect~on of South Jefferson Street and Franklin
Road, S. E.; and the landscaped plaza in front of the
building on Jefferson Street, known as Key Plaza,
described as Lot 3A, Downtown East, Official Tax No.
4016001, is owned and maintained by the City of Roanoke.
It was explained that paving and water leakage
problems have occurred on Key Plaza, which will require
the petitioner to use caution with installation of a sign
on the plaza; that a request has been received from Blue
Cross and Blue Shield of Virginia for permission to place
a 4'x 4'x 4' cube with lettering and logo on all four
sides on the northwest corner of Key Plaza approximately
15 feet from the right-of-way of South Jefferson Street
and approximately ten feet from the right-of-way of
Franklin Road, S. E.; that the sign will not be lighted;
and Blue Cross and Blue Shield will be required to comply
with all applicable regulations, including the sign
ordinance, etc.
643
ACTION:
The Water Resources Committee recommended that
Council authorize a month-to-month lease, subject to
approval by the City Attorney, permitting Blue Cross and
Blue Shield of Virginia to erect a new sign on City-owned
property on the northwest corner of Key Plaza, subject to
certain terms and conditions.
(For full text, see reports on file in the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
(%30628) AN ORDINANCE authorizing the lease of
certain city-owned property to Blue Cross and Blue Shield
of Virginia, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 6.)
The motion was seconded by Mr. Bowers and adopted by
the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor- - ........ 7.
NAYS: None. - ...... 0.
UNFINISHED BUSINESS:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
WATER DEPARTMENT: Ordinance No. 30614-70891
establishing a rate schedule for certain water rates and
related charges for services provided by the City,
effective August 1, 1991, July 1, 1992, and July 1, 1993,
as more fully set forth in attachment identified as
Attachment A, having previously been before the Council
for its first reading on Monday, June 24, 1991, read and
adopted on its first reading and laid over, was again
before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
(%30614-70891) AN ORDINANCE establishing a rate
schedule for certain water rates and related charges for
services provided by this City, effective August 1, 1991,
July 1, 1992, and July 1, 1993.
(For full text of Ordinance, see Ordinance Book No. 52,
page 434.)
644
ACTION'
ACTION:
Mrs. Bowles moved the adoption of Ordinance No.
30614-70891. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None---
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF CITY COUNCIL. NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 10:40 p.m., the Mayor declared the meeting in
recess.
At 10:55 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None 0.
SCHOOLS (JEFFERSON HIGH SCHOOL COMMITTEE): The
Mayor advised that the one year terms of Ms. Vaunda
Leftwich and Messrs. Beverly T. Fitzpatrick, Sr., Horace
G. Fralin, Theodore J. Edlich, III, Richard A. Dearing,
and Warner N. Dalhouse as members of the Jefferson High
School Committee expired on June 30, 1991, and called for
nominations to fill the vacancies.
Mr. Harvey placed in the nomination the names of Ms.
Vaunda Leftwich, and Messrs. Beverly T. Fitzpatrick, Sr.,
Horace G. Fralin, Theodore J. Edlich, III, Richard A.
Dearing, and Warner N. Dalhouse.
645
ACTION:
ACTION:
There being no further nominations, Ms. Leftwich and
Messrs. Fitzpatrick, Fralin, Edlich, Dearing and Dalhouse
were reelected as members of the Jefferson High School
Committee for terms of one year each, ending June 30,
1992, by the following vote:
FOR MS. LEFTWICH, AND MESSRS. FITZPATRICK, FRALIN,
EDLICH, DEARING AND DALHOUSE: Council Members
Fitzpatrick, Harvey, Musser, White, Bowers, Bowles and
Mayor Taylor .... 7.
PARKS AND PLAYGROUNDS (MILL MOUNTAIN DEVELOPMENT
COMMITTEE): The Mayor advised that the one year terms of
Ms. Betty C. Wlnfree, Ms. Frances S. Boon and Messrs.
Robert N. Fishburn, M. Carl Andrews, Carl H. Kopitzke and
L. Thompson Hanes as members of the Mill Mountain
Development Committee expired on June 30, 1991, and
called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Ms.
Betty C. Winfree, Ms. Frances S. Boon and Messrs.
Robert N. Fishburn, M. Carl Andrews, Carl H. Kopitzke and
L. Thompson Hanes.
There being no further nominations, Ms. Winfree, Ms.
Boon and Messrs. Flshburn, Andrews, Kopitzke and Hanes
were reelected as members of the Mill Mountain
Development Committee for terms of one year each, ending
FOR MS. WINFREE, MS. BOON, AND MESSRS. FISHBURN,
ANDREWS, KOPITZKE AND HANES: Council Members
Fitzpatrick, Harvey, Musser, White, Bowers, Bowles and
Mayor Taylor .................. 7.
WATER DEPARTMENT-LANDMARKS (ADVISORY COMMITTEE,
CRYSTAL SPRING PUMPING STATION): The Mayor advised that
the one year terms of Messrs. David H. Burrows, James N.
Kincanon, Philip H. Lemon, Richard L. Meagher, Thomas D
Taylor, Robert W. Woody, James H. Buck, Lawrence M.
Taylor, and Robert W. Boyd as members of the Advisory
Committee, Crystal Spring Pumping Station, expired on
June 30, 1991, that Messrs. James N. Kincanon and
Richard L. Meagher have declined to serve another term,
and called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Messrs.
David H. Burrows, Philip H. Lemon, Thomas D. Taylor,
Robert W. Woody, James H. Buck, Lawrence M. Taylor and
Robert W. Boyd.
646
ACTION:
ACTION:
A~T~?
ACTION:
There being no further nominations, Messrs. Burrows,
Lemon, Taylor, Woody, Buck, Taylor and Boyd were
reelected as members of the Advisory Committee, Crystal
Spring Pumping Station, for terms of one year each,
ending June 30, 1992, by the following vote:
FOR MESSRS. BURROWS, LEMON, TAYLOR, WOODY, BUCK,
TAYLOR AND BOYD: Council Members Fitzpatrick, Harvey,
Musser, White, Bowers, Bowles and Mayor Taylor ........ 7.
Mr. Harvey moved that the City residency requirement
for Mr. James H. Buck be waived in this instance. The
motion was seconded by Mr. Musser and unanimously
adopted.
SCHOOLS (VIRGINIA WESTERN COMMUNITY COLLEGE BOARD):
The Mayor advised that the four year term of Mr. A. Byron
Smith as a member of the Virginia Western Community
College Board expired on June 30, 1991, and called for
nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Mr.
A. Byron Smith.
There being no further nominations, Mr. Smith was
reelected as a member of the Virginia Western Community
College Board for a term of four years, ending June 30,
1995, by the following vote:
FOR MR. SMITH: Council Members Fitzpatrick, Harvey,
Musser, White, Bowers, Bowles and Mayor Taylor ........ 7.
INDUSTRIES-ECONOMIC DEVELOPMENT: The Mayor advised
that the three year term of Mr. William F. Hawkins as a
member of the Economic Development Commission expired on
June 30, 1991, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of Mr.
William F. Hawkins.
There being no further nominations, Mr. Hawkins was
reelected as a member of the Economic Development
Commission for a term of three years, ending June 30,
1994, by the following vote:
FOR MR. HAWKINS: Council Members Fitzpatrick,
Harvey, Musser, White, Bowers, Bowles and Mayor
Taylor ........ -7.
647
ACTION=
ACTION=
PLANNING (FIFTH PLANNING DISTRICT COMMISSION): The
Mayor advised that the three year terms of Mrs.
Elizabeth T. Bowles, and Messrs. John R. Marlles and
Beverly T. Fitzpatrick, Jr., as members of the Fifth
Planning District Commission expired on June 30, 1991,
and called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Mrs.
Elizabeth T. Bowles, and Messrs. John R. Marlles and
Beverly T. Fitzpatrigk, Jr.
There being no further nominations, Mrs. Bowles, and
Messrs. Marlles and Fitzpatrick were reelected as members
of the Fifth Planning District Commission for terms of
three years each, ending June 30, 1994, by the following
vote:
FOR MRS. BOWLES, AND MESSRS. MARLLES AND
FITZPATRICK: Council Members Fitzpatrick, Harvey,
Musser, White, Bowers, Bowles and Mayor Taylor ........ 7.
ROANOKE ARTS COF~4ISSION: The Mayor advised that the
three year terms of Ms. Harriett M. Stokes and Messrs.
Timothy L. Jamieson and Kemper A. Dobbins as members of
the Roanoke Arts Commission expired on June 30, 1991, and
called for nominations to fill the vacancies.
Harriett ~-S~ok~--~ Messrs Timothy L. Jamieson and
Kemper A. Dobbins.
There being no further nominations, Ms. Stokes and
Messrs. Jamieson and Dobbins were reelected as members of
the Roanoke Arts Commission for terms of three years
each, ending June 30, 1994, by the following vote:
FOR MS. STOKES AND MESSRS. JAMIESON AND DOBBINS:
Council Members Fitzpatrick, Harvey, Musser, White,
Bowers, Bowles and Mayor Taylor ............. 7.
PERSONNEL (PERSONNEL AND EMPLOYMENT PRACTICES
COMMISSION): The Mayor advised that the three year terms
of Ms. Mozelle A. Scott and Messrs. John R. Larew and
R. P. Shelor as members of the Personnel and Employment
Practices Commission expired on June 30, 1991, and called
for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Ms.
Mozelle A. Scott and Messrs. John R. Larew and R. P.
Shelor.
648
ACTION:
ACTION:
ACTION=
There being no further nominations, Ms. Scott and
Messrs. Larew and Shelor were reelected as members of the
Personnel and Employment Practices Commission for terms
of three years each, ending June 30, 1994, by the
following vote:
FOR MS. SCOTT ANDMESSRS. LAREWAND SHELOR:
Members Fitzpatrick, Harvey, Musser, White,
Bowles and Mayor Taylor .........
Council
Bowers,
WAR MEMORIAL: The Mayor advised that the one year
terms of Messrs. Thomas R. Plymale, William B. Bagbey,
Alfred C. Moore and W. Robert Herbert as members of the
War Memorial Committee expired on June 30, 1991, that Mr.
Bagbey has declined to serve another term, and called for
nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Messrs.
Thomas R. Plymale, Alfred C. Moore and W. Robert Herbert.
There being no further nominations, Messrs. Plymale,
Moore and Herbert were reelected as members of the War
Memorial Committee for terms of one year each, ending
June 30, 1992, by the following vote:
FOR MESSRS. PLYMALE, MOORE AND HERBERT:
Members Fitzpatrick, Harvey, Musser, White,
Bowles and Mayor Taylor .............
Council
Bowers,
LIBRARIES (ROANOKE PUBLIC LIBRARY BOARD): The Mayor
advised that the three year term of Dr. Frank J. Eastburn
as a member of the Roanoke Public Library Board expired
on June 30, 1991, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of Dr.
Frank J. Eastburn.
There being no further nominations, Dr. Eastburn was
reelected as a member of the Roanoke Public Library Board
for a term of three years, ending June 30, 1994, by the
following vote:
FOR DR. EASTBURN:
Harvey, Musser, White,
Taylor .......
Council Members Fitzpatrick,
Bowers, Bowles and Mayor
649
ACTION:
CELEBRATIONS (SPECIAL EVENTS COMMITTEE): The Mayor
advised that the one year terms of Ms. Carol B. Dalhouse,
Ms. Sabrina T. Law, Ms. Linn D. Chaff and Messrs. Ted H.
Key, Nelson Harris, Samuel G. Oakey, Jr., James C.
Butler, Marc J. Small, Lex P. Gibson and Greg Feldmann as
members of the Special Events Committee expired on
June 30, 1991, that Mr. Small has declined to serve
another term, and called for nominations to fill the
vacancies.
Mr. Harvey placed in nomination the names of Ms.
Carol B. Dalhouse, Ms. Sabrina T. Law, Ms. Linn D. Chaff
and Messrs. Ted H. Key, Nelson Harris, Samuel G. Oakey,
Jr., James C. Butler, Lex P. Gibson and Greg Feldmann.
There being no further nominations, Ms. Dalhouse,
Ms. Law, Ms. Chaff and Messrs. Key, Harris, Oakey,
Butler, Gibson and Feldmann were reelected as members of
the Special Events Committee for terms of one year each,
ending June 30, 1992, by the following vote:
FOR MS. DALHOUSE, MS. LAW, MS. CHAFF AND MESSRS.
KEY, HARRIS, OAKEY, BUTLER, GIBSON AND FELDMANN: Council
Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ........ 7.
FLOOD REDUCTION/CONTROL (FLOOD PLAIN COMMITTEE):
Harold L. Shaffer, Samuel J. Krisch, II, Edgar V.
Wheeler, Read A. Lunsford, J. T. Hopkins, Jr., Jim
Sailors, George L. Pitzer, James F. Williams, Robert H.
Bennett, Jr., and Terry N. Grimes as members of the Flood
Plain Committee expired on June 30, 1991, that Mr.
Sailors has declined to serve another term, and called
for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Messrs.
Harold L. Shaffer, Samuel J. Krisch, II, Edgar V.
Wheeler, Read A. Lunsford, J. T. Hopkins, Jr., George L.
Pitzer, James F. Williams, Robert H. Bennett, Jr., and
Terry N. Grimes.
There being no further nominations, Messrs. Shaffer,
Krisch, Wheeler, Lunsford, Hopkins, Pitzer, Williams,
Bennett and Grimes were reelected as members of the Flood
Plain Committee for terms of one year each, ending
June 30, 1992, by the following vote:
65O
ACTION:
ACTION:
ACTION:
FOR MESSRS. SHAFFER, KRISCH, WHEELER, LUNSFORD,
HOPKINS, PITZER, WILLIAMS, BENNETT AND GRIMES: Council
Members Fitzpatrick, Harvey, Musser, White, Bowers,
Bowles and Mayor Taylor ................ 7.
CITIZENS SERVICES COMMITTEE: The Mayor advised that
the one year terms of Ms. Bernice F. Jones, The Reverend
Frank W. Feather and Messrs. James D. Ritchie, Stanley R.
Hale, Harold P. Kyle, Raleigh Campbell and Alphonso
McCain as members of the Citizens' Services Committee
expired on June 30, 1991, and called for nominations to
fill the vacancies.
Mr. Harvey placed in nomination the names of Ms.
Bernice F. Jones, The Reverend Frank W. Feather and
Messrs. James D. Ritchie, Stanley R. Hale, Harold P.
Kyle, Raleigh Campbell and Alphonso McCain.
There being no further nominations, Ms. Jones,
Reverend Feather and Messrs. Ritchie, Hale, Kyle,
Campbell and McCain were reelected as members of the
Citizens Services Committee for terms of one year each,
ending June 30, 1992~ by the following vote:
FOR MS. JONES, REVEREND FEATHERANDMESSRS. RITCHIE,
HALE, KYLE, CAMPBELL AND MCCAIN: Council Members
Fitzpatrick, Harvey, Musser, White, Bowers, Bowles and
mayor Taylor .......................................... 7.
REFUSE COLLECTION (ROANOKE VALLEY REGIONAL SOLID
WASTE MANAGEMENTBOARD): The Mayor advised that the four
year term of Mr. Kit B. Kiser as a member of the Roanoke
Valley Regional Solid Waste Management Board will expire
on July 31, 1991, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of Mr.
Kit B. Kiser.
There being no further nominations, Mr. Kiser was
reelected as a member of the Roanoke Vakley Regional
Solid Waste Management Board for a term of four years,
ending June 30, 1995, by the following vote:
FOR MR. KISER: Council Members Fitzpatrick, Harvey,
Musser, White, Bowers, Bowles and Mayor Taylor ........ 7.
ACTION=
COUNCIL: It being 11:00 p.m., which is the
automatic adjournment time for Council meetings, Mr.
Bowers moved that Council agree to extend the meeting
time until 11:30 p.m., in order to complete agenda items.
The motion was seconded by Mr. White and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Harvey, Musser,
White, Bowers, Bowles and Mayor Taylor .... 7.
At 11:02 p.m., the Mayor declared the meeting in
recess.
At 11:30 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. Bowers moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harvey,.Musser,
White, Bowers, Bowles and Mayor Taylor ................
NAYS: None 0.
There being no further business, the Mayor declared
the meeting adjourned at 11:32 p.m.
APP
ATTEST:
City Clerk
ROVED
652
SPECIAL MEETING ROANOKE CITY COUNCIL
July 22, 1991
11:45 a.m.
The Council of the City of Roanoke met in special meeting
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
July 22, 1991, at 11:45 a.m., pursuant to Section 10, Meetings of
Council, of the Roanoke City Charter; and pursuant to communication
from the Mayor under date of July 22, 1991, with Mayor Noel C.
Taylor presiding.
PRESENT: Council Members Elizabeth T. Bowles, James G.
Harvey, II (arrived at 12:15 p.m., during the Executive Session),
Howard E. Musser, William White, Sr., and Mayor Noel C. Taylor--6.
ABSENT:
Fitzpatrick, Jr.
Council Members David A. Bowers and Beverly T.
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Wllburn C. Dlbling, Jr., City Attorney; Joel M. Schlanger, Director
of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a urayer h? May~ Te'j!er.
The Pledge of Allegiance to the Flag of the United States
of America was led by Mayor Taylor.
The Mayor referred to the following communication
calling the special meeting of Council:
"July 18, 1991
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the
Charter of the City of Roanoke, I am calling a special
meeting of the Roanoke City Council on Monday, July 22,
1991, at 11:45 a.m., in the City Council Chamber, fourth
floor of the Municipal Building.
The purpose of the special meeting will be to convene in
Executive Session to discuss the following matter:
653
ACTION:
ACTION:
A request of the City Manager to discuss
acquisition and disposition of real property,
specifically property to be acquired and
disposed of in connection with the development
of the Hotel Roanoke Project, pursuant to
Section 2.1-344(A)(3), Code of Virginia
(1950), as amended.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor, Mayor
City of Roanoke"
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Musser moved that Council convene in Executive
Session to discuss a matter with regard to acquisition
and disposition of real property, specifically property
to be acquired and disposed of in connection with the
development of the Hotel Roanoke Project, pursuant to
Section 2.1-344(A)(3), Code of Virginia (1950), as
amended. The motion was seconded by Mr. White and
adopted by the following vote:
ax=u: council Members ~owles, Musser, wnl=e anu
Mayor Taylor ......... 4.
NAYS: None 0.
(Council Members Bowers and Fitzpatrick were absent.)
(Council Member Harvey had not entered the meeting.)
At 12:05 p.m., the Mayor declared the meeting in
recess.
At 1:57 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance, with the exception of Council
Members Bowers and Fitzpatrick.
COUNCIL: With respect to the Executive Session Just
concluded, Mr. White moved that each Member of City
Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from
654
open meeting requirements under the Virginia Freedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Harvey, Musser, White
and Mayor Taylor ............... 5.
NAYS: None 0.
(Council Members Bowers and Fitzpatrick were absent.)
There being no further business, the Mayor declared
the special meeting adjourned at 1:59 p.m.
APPROVED
ATTEST:
City Clerk
655
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
July 22, 1991
2:00 p.m.
The Council of the City of Roanoke met in regular session
in the City Council Chamber, fourth floor of the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,
July 22, 1991, at 2:00 p.m., the regular meeting hour, with Mayor
Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedur9, Code of the City of Roanoke
(1979), as amended·
PRESENT: Council Members James G. Harvey, II, Howard E.
Musser, William White, Sr., Elizabeth T. Bowles, Beverly T.
Fitzpatrick, Jr., and Mayor Noel C. Taylor ..... 6.
ABSENT: Council Member David A. Bowers
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Earl B. Reynolds, Jr., Assistant City Manager; Wilburn C. Dlbling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend
George Stevenson, Pastor, East Gate Church of the Nazarene.
The ~eage o£ Allegiance to the Flag of the United States
of America was led by Mayor Taylor·
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: The City
Manager advised that over the last six to eight months,
a number of City employees participated in Operation
Desert Shield/Desert Storm activities; whereupon, he
introduced the following employees and expressed
appreciation for their service to their country.
William E. Latham
Christopher O. Atkins
Thomas B. Bandy
Mark R. Nelson
Jeffrey S. Shawver
James E. Brabham
Wayne G. Miesen
Senior Police Officer
Police Officer
Police Officer
Emergency Medical
Services Technician
Building Inspector
Deputy Sheriff
Senior Police Officer
The Mayor presented each employee with a crystal
star which is symbolic of the Star on Mill Mountain, and
expressed appreciation on behalf of the City of Roanoke
for their sacrificial service to their country.
656
BID OPENINGS
AIRPORT-INDUSTRIES-STREETSANDALLEYS: Pursuant to
notice of advertisement for bids for Towne Square/Airport
Road improvements, said bids to be received by the City
Clerk until 1:30 p.m., on Monday, July 22, 1991, and to
be held, opened and read before the Council at 2:00 p.m.,
on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about
the advertisement for bids, and no representative present
raising any question, the Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
ACTION:
BIDDER
BASE BID TOTAL
H & S Construction Company
S. R. Draper Paving Company
Adams Construction Company
Action Contracting Company, Inc.
95,468.91
96,909.06
102,410.00
107,333.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Fitzpatrick and adopted.
~..~ ..,~¥.~- ,ppozn=ea Messrs. William White, Sr.,
Chairman, William F. Clark and George C. Snead, Jr., as
members of the committee.
PARKS AND PLAYGROUNDS-RECREATION DEPARTMENT:
Pursuant to notice of advertisement for bids for
construction of alterations and additions to the Grandin
Court Recreation Center, said bids to be received by the
City Clerk until 1:30 p.m., on Monday, July 22, 1991, and
to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the
matter may be heard, the Mayor asked if anyone had any
questions about the advertisement for bids, and no
representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of
the bids; whereupon, the City Clerk opened and read the
following bids:
657
ii
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
Williams Painting & Remodeling,
Inc.
Construction Services of Roanoke,
Inc.
D. Baker & Co., Inc.
Building Specialists, Inc.
Gardner-Smith, Inc.
S. H. Sewell & Co., Inc.
$49,000.00
58,480.00
59,895.00
59,900.00
63,670.00
71,000.00
Mr. Harvey moved that the bids be referred to a
committee to be appointed by the Mayor for tabulation,
report and recommendation to Council. The motion was
seconded by Mr. Fitzpatrick and adopted.
The Mayor appointed Messrs. William White, Sr.,
Chairman, William F. Clark and George C. Snead, Jr., as
members of the committee.
TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY,
INC.: Mr. Theodore J. Edlich, III, Executive Director,
Total Action Against Poverty in Roanoke Valley, Inc.,
advised that for more than 15 years TAP has participated
in a Summer Youth Program which has been funded through
the Fifth Planning District Commission. He asked that
representatives of the Summer Youth Journalism Project
Mercedes James.
CONSENT AGENDA:
The Mayor advised that all matters listed under the
Consent Agenda were considered to be routine by the
Members of Council and would be enacted by one motion in
the form, or forms, listed on the Consent Agenda, and if
discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called
specific attention to two requests for Executive Sessions
to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council; and specific legal matters
requiring the provision of legal advicebycounsel, being
the terms and conditions of proposed agreements for
development of a regional landfill facility.
658
ACTION:
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor
requesting an Executive Session to discuss personnel
matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344(A)(1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the Mayor to convene in Executive Session to
discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344(A)(1),
Code of Virginia (1950), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ........ 6.
NAYS: None ....... 0.
(Council Member Bowers was absent.)
COUNCIL: A report of the City Manager requesting an
requiring the provision of legal advice by counsel, being
the terms and conditions of proposed agreements for
development of a regional landfill facility, pursuant to
Section 2.1-344(A)(7), Code of the Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that Council concur in the
request of the City Manager to convene in Executive
Session to discuss specific legal matters requiring the
provision of legal advice by counsel, being the terms and
conditions of proposed agreements for development of a
regional landfill facility, pursuant to Section 2.1-344
(A)(7), Code of Virginia (1950), as amended. The motion
was seconded by Mrs. Bowles and adopted by the following
vote:
659
II
ACTION:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ........... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
TRAFFIC-HOUSING-LIBRARIES: A communication from
Council Member David A. Bowers with regard to
installation of pedestrian safety devices on Salem
Turnpike between the Lansdowne Housing neighborhood and
the Melrose Branch Library, was before Council.
Mr. Bowers advised that as Council's liaison to the
Roanoke Redevelopment and Housing Authority, he was
requested by the Board of Commissioners to request the
City's installation of a blinking light/don't walk light
or other safety device to be installed at said location.
He pointed out that the Housing Authority has an open
field beside the library which is located across the
street from the residential neighborhood; and children
are inclined to cross the street to visit the library or
to play in the area which is soon to become a Housing
Authority park.
(For full text, see communication on file in the City
Clerk's Office.)
Mr. Fitzpatrick moved that the communication be
referred to the C{ty Manager for study, report and
recommendation to Council by September 12, 1991. The
motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor- 6.
NAYS: None' 0.
(Council Member Bowers was absent.)
PENSIONS-CITY EMPLOYEES: A report of the Director
of Finance with regard to the results of the Voluntary
Retirement Incentive Program which was recently offered
to eligible City employees, was before Council.
660
It was advised that on April 15, 1991, Council
adopted an ordinance authorizing a Voluntary Retirement
Incentive Program; that implementation of the program
facilitated in the City's down-sizing effort, encouraged
possible reorganization and reduced future operating
costs; whereupon, Mr. Schlanger transmitted the following
information:
75 out of 124 eligible employees took advantage of
the program.
Of the 75 employees, 14 were females and 61 were
male.
Ages:
49 - 50 4
51 - 55 17
56 - 60 23
61 - 65 27
66 - 71 4
75
25 departments had at least one person retire, with
21 individuals retiring from the Fire Department.
By major functions, the breakout is as follows:
7 Utilitie, and uperaulons
2 Human Resources
20 Public Works
35 Administration and Public Safety
3 From Council-appointed offices
3 From Elected official offices
3 Airport Commission
1 Landfill
1 Civic Center
Of all 75 employees, there was a total of 2,277
years of dedicated service to the City of Roanoke,
with one employee having 48 years, and five months
of service.
Years of Service:
10 - 15 4
16 - 20 6
21 - 25 6
26 - 30 22
31 - 35 21
36 - 40 12
41 - 48 4
661
ACTION:
45 employees retired under the "New System" (ESRS)
and 30 retired from the "Old System" (ERS).
13 of the 75 employees were in what are considered
to be management positions.
It was explained that a further report on cost-
savings will come to Council at a later date when final
disposition of all 75 positions are dealt with.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick moved that the report be received
and filed. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ..... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
REAL ESTATE VALUATION (BOARD OF EQUALIZATION): A
communication from the Honorable Roy B. Willett, Judge,
Circuit Court, transmitting the 1991 Report of the Board
It was advised that the Board received 153 appeals,
which included 29 commercial and industrial appeals, 117
residential appeals, and seven withdrawals.
It was further advised that the Equalization Board
has requested and recommended continued access to
computer service; that future Equalization Boards must
continue to have separate office space from the Real
Estate Evaluation Office and has respectfully requested
that the City of Roanoke provide the Board with a room to
be assigned by March 1 of each year so that it may
commence its work as soon as the oaths of office of the
respective members are taken; and the room location which
was assigned this year worked quite well, therefor, it
was requested that Room 162 in the Municipal Building be
assigned to the Board again next year.
(For full text, see ~eport on file in the City Clerk's
Office.)
662
ACTION:
Mr. Fitzpatrick moved that the report be received
and filed, and referred to the City Manager for
appropriate response. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council Members Harvey,
Bowles, Fitzpatrick and Mayor Taylor-
Musser, White,
6.
NAYS: None 0.
(Council Member Bowers was absent.)
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-COMMONWEALTH' S ATTORNEY-POLICE
DEPARTMENT: Mr. Milton R. Hancock, Sr., 3109 Melrose
Avenue, N. W., advised that he would like to apprise
Council of the denial of his constitutional rights by the
Commonwealths' Attorney's Office. He pointed out that
presently he has a suit pending in the Federal Court to
address these grievances. He complained about
dereliction of duty, false accusations, erroneous and
unsupported charges and attempted blackmail by the
Commonwealths' Attornev's Office. He charged the Police
Department with cruel and unjust punishment inflicted
upon citizens, unnecessary roughness while making
arrests, possible perjurious testimony, latent
discrimination in the handling of warrants and summonses,
and confiscation of Veterans Administration Medical
Center medicines.
Mr. Hancock read a prepared statement advising that
he served in World War II and he was treated more fairly
and more humanely while he was a prisoner of war of the
German Army than he was treated while he was a prisoner
in his own hometown of Roanoke, Virginia. He stated that
he was manhandled by certain members of the police force
while being arrested, even after he informed the
arresting officers that he suffered from a severe back
condition; that he was denied government prescribed pain
medication while he was a prisoner in the Roanoke City
Jail, and his medicine was confiscated by Roanoke City
Jail personnel.
Mr. Harvey moved that the matter be received and
filed. The motion was seconded by Mr. White and
unanimously adopted.
663
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke
City School Board requesting that Council appropriate
funds to the following school accounts, was before the
body.
Grant No. 6747 -
$146,947.00 for the Adult Basic
Education Program to provide
funds for the education of adults
who have not completed high
school. The Program will be
reimbursed by Federal funds with
matching funds from the Roanoke
City and Roanoke County Jails and
the Roanoke City Schools.
Grant No. 6748 -
$47,199.00 for the Marketing
Education Regional Coordinator
Program to provide funds for
expenses of the regional
coordinator. The Program will be
100 per cent reimbursed by State
funds.
Grant No. 6749 -
$9,150.00 for the GED Testing
Program to provide instructors
examinations. The source of
funds will be student fees.
Grant No. 6979 -
$266,248.00 for the Project YES
Program to identify, assess,
evaluate, and provide assistance
for at-risk sixth and ninth grade
students who are potential
dropouts. The Program will be
100 per cent reimbursed by State
funds.
(For full text, see communication on file in the City
Clerk's Office.)
A report of the Director of Finance advising that
appropriate funding for the abovedescribed four grants is
in the Grant Fund; that said grants are funded with
Federal and State funds and fees; that in addition to the
funding sources, the Adult Basic Education grant will
receive a local match, in the amount of $22,600.00; that
664
ACTION=
funding for the local, match is available in the Education
portion of the General Fund budget in Matching Funds,
Account No. 001-060-6001-6450-0588; and reconu~ending that
Council concur in the request of the School Board, was
also before the body.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30629-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant and General Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 7.)
Mrs. Bowles moved the adoption of Ordinance No.
30629-72291. The motion was seconded by Mr. White and
adopted by the following vote:
AYES: Council Members l{arve¥, Musser,
Bowles, Fitzpatrick and Mayor Taylor .......
NAYS: None ....
White,
6.
®
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
POLICE DEPARTMENT-RECREATION DEPARTMENT-YOUTH: The
City Manager presented a briefing with regard to programs
that are intended to enhance police community relations
and opportunities for youth recreation, as well as other
programs which are sponsored, in part, by the City. He
pointed out that c~tizens are coming to understand that
helping Roanoke's youth is a job that must be undertaken
by all segments of the community, from neighborhood
groups to churches, from social service agencies to local
government, and from parents to friends and family. He
reviewed information with regard to current programs such
as the Summer Food Service Program, the Gary Clark Sports
Camp, various sporting events and activities, a Summer
Day Camp sponsored by the West End Community Center, a
Summer Day Camp sponsored by The Salvation Army, sporting
events sponsored by the Inner City Athletic Association,
665
II
summer camp sponsored by the Roanoke Museum of Fine Arts,
summer camp programs offered by the Y.M.C.A., and daytime
and Evening Bible Schools sponsored by area churches.
Mr. Herbert pointed out that the danger in citing a few
examples is that hundreds of programs are not mentioned.
He stated that the point he would like to make is that
there are resources and opportunities available for young
people in the Roanoke community to help them utilize
their time in a constructive manner, and a combined
approach of government, service agencies, neighborhoods,
churches and citizens must be reasoned out annually in
order to take on this enormous task.
Mr. M. David Hooper, Chief of Police, presented an
oral briefing on a new program which has been instituted
by the Police Department known as "Community Oriented
Policing Effort" or C.O.P.E. He advised that during
1989-90 budget study, the City Manager made Council aware
of the fact that calls for police service were
increasing; that police officers did not have the time to
cover all of the calls that they would like to cover; and
the City Manager recommended and Council authorized ten
additional police officers for patrol in certain
specialized service. He pointed out that calls have
continued to increase at the rate over the past three
years of close to 20 per cent; therefore, it became
obvious that something needed to be done differently. He
explained that during the early part of this year, he met
wltn members oz ~ne Po~ce uepar~men~ a~ig~d ~u wu~k
the high-call districts to talk about what could be done
within existing resources to not only address the problem
of the increase in calls, but to address the quality of
life of those persons who generate many of the calls. He
stated that a plan was developed for an impact team in
which selected police officers would break away from
their daily routines and go into specific areas to not
only let their presence be known, but to offer to the
citizens of that area an opportunity to work with police
officers in an effort to develop identification of
certain problems, from not only the perspective of the
police officer, but from the point of view of the
citizen. He advised that often times when the Police
Department sees a problem, it is not always what the
citizen perceives as the problem. Secondly, he pointed
out that the program is intended to help bridge the gap
of understanding or misunderstanding as to what the
Police Department does, how they do it, why they do it
and why certain actions are necessary. He stated that in
order for police officers to effectively communicate this
information, it is necessary for officers and citizens to
know each other; therefore, he noted that the idea of the
impact team was developed with the use of eight police
666
officers and a sergeant who would be provided with the
opportunity to work flexible hours based upon specific
needs and the impact team would have the opportunity to
recruit the resources of every city department and
service agency in order to effectively deal with problems
and reach solutions. He advised that the program is
problem-oriented and could serve as a method of changing
certain basic thoughts that may reduce the number of
calls for service. He stated that the Lincoln Terrace
and Hunt Avenue areas were selected for the first phase
of the program which will commence on August 1, 1991;
that personnel proposed to enter the training program
will be selected next week and at the end of the training
program, eight police officers will be selected to
participate in the "Community Oriented Policing Effort"
C.O.P.E.
Mrs. Bowles moved that the oral remarks of the City
Manager and Chief Hooper be received and filed. The
motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
At 3:25 p.m., the Mayor declared the meeting in
recess.
At 3:40 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS: The City Manager submitted a written
report advising that the City of Roanoke was notified of
a Local Government Challenge Grant available through the
Virginia Commission for the Arts; that grant funds are
available on a 50 - 50 matching basis, with 50 per cent
state and 50 per cent local; and application for said
grant was made at the request of the Arts Council of
Roanoke Valley, Roanoke Symphony Orchestra, and Mill
Mountain Theatre.
It was further advised that notification by the
Commission for the Arts has been received that a grant,
in the amount of $2,400.00, is available; that the grant
will supplement funds already appropriated from the City
to the organization through the Citizens Services
Committee; that local funds will meet the 50 - 50 match;
and grant funds, in the amount of $2,400.00, will be
distributed as follows: Arts Council of Roanoke Valley -
$800.00, Roanoke Symphony Orchestra - $800.00, and Mill
Mountain Theatre - $800.00.
66 7
ACTION:
ACTION:
The City Manager recommended that he, or his
designee, be authorized to execute the Local Government
Challenge Grant from the Virginia Commission for the Arts
on behalf of the City of Roanoke; and that funds be
appropriated to an account to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget
Ordinance:
(#30630-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 9.)
Mr. White moved the adoption of Ordinance No. 30630-
72291. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor .... 6.
(Council Member Bowers was absent.)
Mr. White offered the following Resolution:
(#30631-72291) A RESOLUTION authorizing the
acceptance of a grant from the Virginia Commission for
the Arts.
(For full text of Resolution, see Resolution Book No. 52,
page 10.)
Mr. White moved the adoption of Resolution No.
30631-72291. Th~ motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Councii Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor-- 6.
NAYS: None 0.
(Council Member Bowers was absent.)
b68
BUDGET-HEALTH DEPARTMENT-SCHOOLS: The City Manager
submitted a written report advising that preventive
health care services are limited to many school-aged
children in Roanoke City due to the inability of their
families to pay the costs of medical care; that
approximately 40 per cent of Roanoke City School
population is considered economically disadvantaged; and
the Six Year Plan of the Roanoke City Health Department
noted that the Health Department and Roanoke City Public
Schools should increase their collaborative efforts to
implement school health programs in a more efficient and
effective manner.
It was further advised that the need for a school
health coordinator was identified in November 1988 by the
Roanoke City School Health Advisory Committee which is
composed of citizens and representatives of the Health
Department and Roanoke City Schools; and a coordinated
school health program to meet the health needs of
children and youth enrolled in the Roanoke City Public
School system has been implemented by the Health
Department, Roanoke City Schools and the Office of
Director of Human Resources.
It was explained that Council appropriated
$22,071.00 from state and local hospitalization and City
Health Department Subsidies last year for the school
health program is comprehensive and includes basic
preventative health care services, abnormal finding
follow-up, counseling and referral services; and a part-
time school health nurse supervisor was hired by the
Health Department in December 1989 to provide program
coordination and supervision for the five part-time
Chapter I nurses employed by Roanoke City Schools and the
public health nurses assigned to schools.
It was pointed out that the Health Department
requested $25,545.00 to continue the program for 1991-92;
that funding for the position of school health nurse
supervisor was not included tn the 1991-92 budget,
however, the position has been continued with funds from
the Health Department budget for other programs on a
month-to-month, part-time basis, pending identification
of funds to support said position; that $22,223,00 is now
available in the State and Local Hospitalization account
to help continue funding the school health program for
1991-92; and during budget preparation, the State
669
ACTION
informed the City that $111,442.00 in local funds would
be required for the State and Local Hospitalization
Program, however, the City was notified on July 8, 1991,
that only $89,219.00 would be required for said program.
The City Manager recommended that Council authorize
the transfer of $22,223.00 from Account No. 001-054-5330-
2010 to Roanoke City Health Department, Account No. 001-
054-5110-2017, for the purpose of continuing the part-
time position of school health nurse supervisor.
(For full text, see report on file in the City Clerk's
Office.)
Mrs. Bowles offered the following emergency budget
Ordinance:
(#30632-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 11.)
Mrs. Bowles moved the adoption of Ordinance No.
30632-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
....... v~" ~., a a~ _ white.
Bowles, Fitzpatrick and Mayor Taylor .... 6.
NAYS: None ........ 0.
(Council Member Bowers was absent.)
FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM:
The City Manager submitted a written report advising that
the City of Roanoke has been designated as the grant
recipient of funds under the Job Training Partnership
Act; that by agreement of the localities in the Fifth
Planning District, the City of Roanoke acts as fiscal
depository of all Consortium funds; and the Fifth
Planning District has been designated as a service
delivery area by the Governor of Virginia.
It was further advised that the Governor's
Employment and Training Department requires that an
agreement be executed by the Policy Board of the Fifth
District Employment and Training Consortium, the Private
Industry Council and the. City, as the depository of
funds; that an agreement, which has not changed from last
year, primarily clarifies the roles, responsibilities,
b fU
ACTION:
and liability of the Policy Board, the Private Industry
Council, and the grant recipient (City of Roanoke); and
authority by Council to execute appropriate documents is
necessary.
The City Manager recommended that he be authorized
to execute an agreement with the Policy Board of the
Fifth District Employment and Training Consortium and the
Private Industry Council for Program Year 1991-1992.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Fitzpatrick offered the following Resolution:
(#30633-72291) A RESOLUTION authorizing the
execution of an agreement by and between the City, the
Governor's Employment and Training Consortium, and the
Fifth District Employment and Training Consortium's
Private Industry Council.
(For full text of Resolution, see Resolution Book No. 53,
page 11.)
Mr. Fitzpatrick moved the adoptiOn of Resolution No.
30633-72291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Cn--~! Rcr~=r~ ;{arvey, Musser, White,
Bowles, Fitzpatrl,~k and Mayor Taylor ...... 6.
NAYS: None ......
(Council Member Bowers was absent.)
SPECIAL PERMITS: The City Manager submitted a
written report advising that Council has, in the past,
granted permission to various civic groups and the United
Way of Roanoke Valley to hang flags from street lighting
poles within the downtown area; that pursuant to
communication under date of June 18, 1991, Ms. Linda L.
Holsinger, Vice President, Marketing and Communications
for the United Way of Roanoke Valley, has requested
permission to fly approximately 100 three foot by five
foot United Way flags from street lighting poles in the
Central Busl9ess District of downtown Roanoke during the
month of September 1991; and the Vietnam Veterans of
America organization has received ongoing authorization
from Council to fly American flags from downtown street
lighting standards on certain designated holidays, with
September 2, 1991, Labor Day, being one of said
designated holidays.
ACTION:
The City Manager recommended that Council adopt the
appropriate measure issuing a revocable permit to the
United Way of Roanoke Valley to fly United Way flags from
street lighting poles in the Central Business District of
downtown Roanoke, from September 3, 1991, through
September 30, 1991, which will avoid any conflict with
Vietnam Veterans on Labor Day, and is agreeable with the
United Way.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Musser moved that the following Ordinance be
placed upon its first reading:
(#30634) AN ORDINANCE granting to the United Way
of Roanoke Valley, Inc., a revocable permit to mount
certain flags on street lighting poles in the Central
Business District of the City, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 32.)
The motion was seconded by Mr. Harvey and adopted by
the following vote:
Bowles, Fitzpatrick and Mayor Taylor ........... 1 ...... 6.
NAYS: None---
(Council Member Bowers was absent.)
GRANTS-YOUTH: The City Manager submitted a written
report advising that a youth grant was first officially
awarded to the City under the Virginia Delinquency
Prevention and Youth Act on June 17, 1980; that fiscal
year 1991-92 youth grant application was submitted to the
Department of Youth and Family Services on May 15, 1991;
that the grant will provide for continuation of
coordinated planning and program implementation for the
Office on Youth; and fiscal year 1991-92 grant budget is
as follows:
672
Budget
Category
State Funds
Local Match
Cash In-Kind Total
Personnel $38,566.70
Consultants -0-
Travel -0-
Equipment -0-
Supplies/
Operating
Expense -0-
$38,566.70
2,222.00 $-0- $40,788.70
-0- -0- -0-
1,400.00 -0- 1,400.00
-0- -0- -0-
6t385.88 3t600.00 9t985.88
$10,007.88 $3,600.00 $52,174.58
It was further advised that the local cash match was
included in the fiscal year 1991-92 Community Planning
budget, Account No. 001-052-8110-9536, in the amount of
$10,007.88, and was based upon the grant from the
previous year; that the in-kind match, in the amount of
$3,600.00, is available through the use of office space
rental in the Community Planning Office; that the local
match, cash and/or in-kind, must equal 25 per cent of the
total budget request; that the grant application has been
approved by the State; that state funding is in the
amount of $38,566.70, or 75 per cent of the total funding
request; and Council's acceptance of the grant award and
appropriation of the local cash match is required in
order for City officials to execute the required
documents.
The City Manager recommended that Council authorize
acceptance of the Department of Youth and Family Services
Grant No. 91-I-15; authorize appropriation of $48,574.58
to accounts to be established by the Director of Finance
for said program, with 75 per cent of the total grant
budget or $38,566.70 to be refunded by the Department of
Corrections; and authorize the transfer $10,007.88 from
the Community Planning budget, Account No. 001-052-8110-
9536, to said program as a part of the City's cash match
for operating purposes for fiscal year 1991-92.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30635-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General and Grant Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 12.)
673
ACTION:
ACTION:
Mr. Harvey moved the adoption of Ordinance No.
30635-72291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor- 6.
NAYS: None
e
(Council Member Bowers was absent.)
Mr. Harvey offered the following Resolution:
(#30636-72291) A RESOLUTION authorizing the
acceptance of a Delinquency Prevention and Youth
Development Act Grant made to the City of Roanoke by the
Commonwealth of Virginia Department of Youth and Family
Services, and authorizing the acceptance, execution and
filing of the "Special Conditions for Delinquency
Prevention and Youth Development Act Grant Awards" with
the Department of Youth and Family Services for this
grant.
(For full text of Resolution, see Resolution Book No. 53,
page 13.)
Mr. Harvey moved the adoption of Resolution No.
3Q~3~-799Q1- The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey,
Bowles, Fitzpatrick and Mayor Taylor---
NAYS: None
Musser, White,
6.
e
(Council Member Bowers was absent.)
REFUSE COLLECTION-RECYCLING: The City Manager
submitted a written report concurring in a report of a
bid committee with regard to the purchase of recycling
bins.
The bid committee advised that bids were received on
May 31, 1991, for recycling carts and bins to be used the
City's in ongoing recycling program; that on June 24,
1991, a bid committee report was presented to Council
with recommendations for award; and Council adopted
Resolution No. 30598-62491 accepting the bid of Zarn,
Inc., for 4,500 32-gallon recycling carts and the bid of
Piper Casepro for 3,000 recycling bins.
ACTION:
It was further advised that as provided in
Resolution No. 30598, requisition purchase orders were
issued to the respective vendors to purchase the
aforementioned items; that specifications for the
recycling bins stated that each bin would be
appropriately stamped with a serial number; that stamped
serial numbers are necessary in order to maintain proper
control and accountability of recycling bins; and the
City was notified by Piper Casepro that the stamping of
the serial number into the bins, as required, could not
be done at this time.
The bid committee recommended that Council authorize
the City Manager to cancel the purchase order which was
issued to Piper Casepro, in the amount of $12,600.00, and
authorize issuance of a new purchase order to Zarn, Inc.,
in the total amount of $13,290.00.
(For full text, see reports on file in the City Clerk's
Office.)
Mr. White offered the following Resolution:
(#30637-72291) A RESOLUTION canceling the purchase
order issued to Piper Casepro to provide 3,000 recycling
bins for the amount of $12,600.00, and authorizing the
~ssuance of a new purchase order to Zarn, Inc., for a
total amount of $13,290.00.
(For full text of Resolution, see Resolution Book No. 53,
page 14.)
Mr. White moved the adoption of Resolution No.
30637-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ..... 6.
NAYS: None O.
(Council Member Bowers was absent.)
DIRECTOR OF FINANCE:
BUDGET-CIVIC CENTER-SEWERS AND STORM DRAINS-WATER
DEPARTMENT: The Director of Finance submitted a written
report advising that at the close of fiscal year 1991,
budget funds were obligated for outstanding encumbrances;
that purchase orders or contracts were issued for goods
and services as of the close of fiscal year 1991, but
675
Ii
ACTION:
delivery of goods, or performance of services have not
been completed; and reappropriatton of certain funds will
bring forward unspent budget funds which were originally
appropriated and obligated contractually for goods and
services; and amounts of appropriations are as follows:
General Fund
Open encumbrances
$5,410,898.00
Water Fund
Open encumbrances
$ 55,977.0~
Sewage Fund
Open encumbrances
$1,045,094.00
Civic Center Fund
Open encumbrances
13,405.0,0
Internal Service Fund
Open encumbrances
162,.056.00
The Director ~f Finance recommended that Council
reappropriate said funds to the current budget year in
order that certain expenditures may be properly
classified and liquidated.
(For full text, see report on file in the City Clerk's
Office.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30638-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 General Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 15.)
Mr. Harvey moved the adoption of Ordinance No.
30638-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ...... 6.
NAYS: None O.
(Council Member Bowers was absent.)
Mr. Harvey offered the following emergency budget
Ordinance:
ACTION:
ACTION:
(#30639-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 28.)
Mr. Harvey moved the adoption of Ordinance No.
30639-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ........ 6.
NAYS: None 0.
(Council Member Bowers was absent.)
Mr. Fitzpatrick offered the following emergency
budget Ordinance:
(#30640-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Sewage Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 28A.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30640-72291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor--- 6.
NAYS: None 0.
(Council Member Bowers was absent.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30641-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Civic Center Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 29.)
Mr. Harvey moved the adoption of Ordinance No.
30741-72291. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
ACTION'
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor- 6.
NAYS: None
(Council Member Bowers was absent.)
Mr. Harvey offered the following emergency budget
Ordinance:
(#30642-72291) AN ORDINANCE to amend and reordain
certain sections of the 1991-92 Internal Service Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 53,
page 30.)
Mr. Harvey moved the adoption of Ordinance No.
30642-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey, Muss.r, White,
Bowles, Fitzpatrick and Mayor Taylor .... 6.
NAYS: None-
(Council Men~er Bowers was absent.)
...... ~ .... ~e.n report of the Director of
Finance, City Attorney, City Treasurer ano
of Revenue in connection with certain amendments to the
City Code with regard to proration of personal property
taxes, was before Council.
It was advised that the fiscal year 1990-91 annual
budget recommended to Council that a personal property
tax proration system applicable to motor vehicles,
trailers, and boats be established, effective January 1,
1991; that it was anticipated that proration would
generate additional annual revenue in the amount of
$365,205.00; that pursuant to Ordinance No. 30028-51490,
Council amended the City Code to provide for proration of
personal property taxes; and the City's first proration
personal property tax deadline was completed on May 31,
1991, and the Treasurer and Commissioner of Revenue agree
that certain fine tuning of the personal property tax
ordinance is necessary in order to equitably administer
the assessment and collection of personal property taxes.
It was explained that the City Attorney has
reviewed the following three proposed amendments, and it
is recommended that Section 32-108.1, Proration of
Personal Property Tax - Generally, of the Code of the
City of Roanoke (1979), as amended, be amended, to
reflect said proposed changes, effective September 1,
1991:
Eliminate boats as personal property to be taxed
on a prorated basis. The Counties of Roanoke,
Bedford and Franklin exclude boats as personal
property taxed on a proration basis. The City of
Roanoke is required to refund taxes paid under
proration if boats are transferred to these
counties, but boats transferred to the City of
Roanoke may not be legally taxed if current year
taxes were paid in another locality. The annual
amount of personal property tax received on boats
is only .15 per cent of the tax levy.
Ten per cent filing penalty shall be assessed by
the Commissioner of Revenue if personal property
return is not filed with the Commissioner of
Revenue 30 days from Division of Motor Vehicles
registration date. Currently the City Code
requires filing within 30 days of the purchase of
property or its acquisition of tax situs in the
City. Use of registration date will simplify
enforcement. The ten per cent non-filing pe~alt~
shall be applied under the proration system, which
is the same penalty for delinquent filing applied
after the February 15 annual deadline.
Personal property tax shall be paid to the
Treasurer within 60 days from registration date of
personal property ownership. Present wording in
the ordinance states that the tax shall be due 30
days after the tax bill is issued. If the
taxpayer, however, does not file a timely return
with the Commissioner of Revenue, the Treasurer
cannot issue a timely tax bill.
(For full text, see report on file In the City Clerk's
Office.)
Mrs. Bowles moved that the following Ordinance be
placed upon its first reading:
679
ACTION:
(#30643) AN ORDINANCE amending and reordaining
S32-108.1, Proration of ~ersonal property ta~ generally,
Code of the City of Roanoke (1979), as amended, to delete
boats from the categories of personal property subject to
proration, effective January 1, 1992; to require that the
owner or purchaser of property subject to proration
declare such property with the Commissioner of Revenue
within thirty (30) days of the property registration date
with the State Department of Motor Vehicles; to establish
penalties and interest with respect to any owner or
purchaser who shall fail to so declare property; to
provide that prorated personal property tax shall be due
and payable within sixty (60) days of the registration
date of such property or May 31 of the tax year,
whichever shall occur later; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 53,
page 33.)
The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ........... 6.
NAYS: None 0.
(Council Member Bowers was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
CITY CODE-ZONING-ANIMALS: Ordinance No. 30617-
72291 amending S36.1-25, Definitions, and S36.1-271,
Special exception uses, of Chapter 36.1, Zoning, of the
Code of the City of Roanoke (1979), as amended, by the
addition of a new subsection (3), such amendment and
addition relating to animal shelters and special
exception uses in the HM, Heavy Manufacturing District,
respectively, having previously been before the Council
for its first reading on Monday, July 8, 1991, read and
adopted on its first reading and laid over, was again
before the body, Mr. White offering th~ following for its
second reading and final adoption:
68O
ACTION:
ACTION:
(#30617-72291) AN ORDINANCE amending S36.1-25,
Definitions, and S36.1-271, Special exception uses, of
Chapter 36.1, Zontnq, of the Code of the City of Roanoke
(1979), as amended, by the addition of a new subsection
(3), such amendment and addition relating to animal
shelters and special exception uses in the HM, Heavy
Manufacturing District, respectively.
(For full text of Ordinance, see Ordinance Book No. 53,
page 1.)
Mr. White moved the adoption of Ordinance No.
30617-72291. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ..... 6.
NAYS: None
-0.
(Council Member Bowers was absent.)
STREETS AND ALLEYS: Ordinance No. 30618-72291
permanently vacating, discontinuing, and closing a
portion of Marshall Avenue, S. W., extending westerly
approximately 750 feet from its intersection with
Franklin Road to its intersection with an extension of
previously b~en before the Council for its first reading
on Monday, July 8, 1991, read and adopted on its first
reading and laid over, was again before the body, Mrs.
Bowles offering the following for its second reading and
final adoption:
(930618-72291) AN ORDINANCE permanently vacating,
discontinuing and closing a certain public right-of-way
in the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 53,
page 2.)
Mrs. Bowles moved the adoption of Ordinance No.
30618-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
I
ACTION:
AYES: Council Members Musser,
Fitzpatrick and Mayor Taylor-
NAYS: None-
(council Member Bowers was absent.)
Harvey abstained from voting.)
White, Bowles,
(council Member
30622-72291 releasing a portion oz uuraus~ --m its
dedication to public park and recreational use, which 3.8
acres are needed for construction of the Peters Creek
Road Extension Project, having previously been before the
Council for its first reading on Monday, July 8, 1991,
read and adopted on its first reading and laid over, was
again before the body, Mr. Fitzpatrick offering the
following for its second reading and final adoption:
(~30622-72291) AN ORDINANCE releasing a portion
of Strauss Park from its dedication to public park and
recreational use.
(For full text of Ordinance, see ordinance Book No. 53,
page 4.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30622-72291. The motion was seconded by Mr. White and
adouted by the following vote:
AYES: Council Members Harvey, Musser, WhiLe,
Bowles, Fitzpatrick and Mayor Taylor-
NAYS: None'
(Council Member Bowers was absent.)
SALE/PURCHASE OF PROPERTY-INDUSTRIES: Ordinance
No. 30626-72291 authorizing the lease of an approximate
140 acre portion of the Roanoke Centre for Industry and
Technology to Paul Umbarger, at a lease fee of $20.00 per
acre per year for a term of five years, having previously
been before the Council for its first reading on Monday,
July 8, 1991, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final
adoption:
ACTION:
ACTION:
(#30626-72291) AN ORDINANCE authorizing the lease
of certain city-owned property to Paul Umbarger, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No 53,
page 5.) ·
Mrs. Bowles moved the adoption of Ordinance No.
30626-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey,
Bowles, Fitzpatrick and Mayor Taylor ......
NAYS: None .......
(Council Member Bowers was absent.)
Musser, White,
'6.
-0.
SALE/PURCHASE OF PROPERTY-HEALTH DEPARTMENT:
Ordinance No. 30627-72291 authorizing a lease agreement
with the State Department of Health for the Health Center
Building located on the southwest corner of Campbell
Avenue and Eighth Street, S. W., for a term of five
years, at a rental rate of $45,000.00 per year, having
previously been before the Council for its first reading
on Monday, July 8, 1991, read and adopted on its first
reading and laid over, was again before the body, Mr.
Fitzpatrick offering the following for its second reading
and final adoption:
(#30627-72291) AN ORDINANCE authorizing the lease
of certain city-owned property to the State Department of
Health, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 6.)
Mr. Fitzpatrick moved the adoption of Ordinance No.
30627-72291. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor ...... 6.
NAYS: None .............
(Council Member Bowers was absent.)
6S3
ACTION:
SALE/PURCHASE OF PROPERTY-BLUE CROSS/BLUE SHIELD OF
VIRGINIA-SPECIAL PERMITS: Ordinance No. 30628-72291
authorizing a lease agreement with Blue Cross and Blue
Shield of Virginia for placement of a 4'x4'x4' cube on
the northwest corner of Key Plaza approximately 15 feet
from the right-of-way of South Jefferson Street and
approximately ten feet from the right-of-way of Franklin
Road, S. E., on a month-to-month agreement at no charge,
upon certain terms and conditions, having previously been
before the Council for its first reading on Monday,
July 8, 1991, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final
adoption:
(#30628-72291) AN ORDINANCE authorizing the lease
of certain city-owned property to Blue Cross and Blue
Shield of Virginia, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 53,
page 6.)
Mrs. Bowles moved the adoption of Ordinance No.
30628-72291. The motion was seconded by Mr. Fitzpatrick
and adopted by the following vote:
AYES: Council Members Harvey,
Bowles, Fitzpatrick and Mayor Taylor-'
NAYS: None-
Musser, White,
6.
(Council Member Bowers was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYORANDMEMBERS
OF CITY COUNCIL. NONE.
OTHER HEARINGS OF CITIZENS:
ZONING-COMPLAINTS: Ms. Velma C. Midkiff, 4514
Surrey Avenue, N. W., appeared before Council and
presented a petition signed by 72 persons expressing
displeasure with regard to a decision rendered by the
Board of ZoningAppeals to permit the Embassy Motor Lodge
which is located at 4525 Melrose Avenue, N. W., to be
used as a half-way house for federal, state and local
prisoners. She advised that residents are of the opinion
that the decision was made without the best interest of
the community in mind. She pointed out that the area is
a family oriented neighborhood and residents felt safe in
ACTION:
letting their children play outside, however, this
freedom is being taken away by location of a half-way
house for non-violent offenders in close proximity to
their homes. She stated that residents feel that matters
of this nature are in violation of their freedom, and
they would like for the decision of the Board of Zoning
Appeals to be reversed.
Upon question, the City Attorney advised that the
Board of Zoning Appeals acted on a request for special
exception and Council had nothing to do with the Board's
decision. He stated that pursuant to provisions of the
City Code, any aggrieved party may challenge a decision
of the Board of Zoning Appeals by filing a petition with
the Circuit Court within 30 days of the date of the
decision handed down by the Board. He added that Council
has no Jurisdiction with respect to decisions rendered by
the Board of Zoning Appeals.
At 4:10 p.m., the Mayor declared the meeting in
recess.
At 5:35 p.m., the meeting reconvened in the Council
Chamber, with Mayor Taylor presiding, and all Members of
the Council in attendance.
COUNCIL: With respect to the Executive Session
Just concluded, Mr. White moved that each Member of City
Council certify to the best of his or her knowledge that
.......... ~-. ~=~f,,llv ~m~ted from
open meeting requirements under the Virginia F~eedom of
Information Act; and (2) only such public business
matters as were identified in any motion by which any
Executive Session was convened were heard, discussed or
considered by City Council. The motion was seconded by
Mr. Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, White,
Bowles, Fitzpatrick and Mayor Taylor- 6.
NAYS: None
(Council Member Bowers was absent.)
YOUTH: The Ma~or advised that the three year terms
of Ms. Rebecca L. Carter, Ms. Elsie A. Anderson, Ms.
S. Elaina Loritts, Ms. Katherine M. McCain, Mr.
Charles A. Karr, Mr. Ulas N. Broady, Ms. Harriet A.
Vance, Ms. Anneke N. Samuel and Mr. Robert L. Hopkins as
members of the Youth Services Citizen Board expired on
May 31, 1991; that Ms. Carter and Mr. Hopkins have
declined to serve another term; that Mr. Karr is no
685
ACTION:
ACTION:
longer employed by the Youth Bureau of the Police
Department, therefore, he is ineligible for
reappointment; that Ms. Vance and Ms. Samuel are no
longer students of the Roanoke City School system,
therefore, they are ineligible for reappointment; and
called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Ms.
Elsie A. Anderson, Ms. S. Elaina Loritts and Ms.
Katherine M. McCain.
There being no further nominations, Ms. Anderson,
Ms. Loritts and Ms. McCain were reelected as members of
the Youth Services Citizen Board for terms of three years
each, ending May 31, 1994, by the following vote:
FOR MS. ANDERSON, MS. LORITTS AND MS. MCCAIN:
Council Members Fitzpatrick, Harvey, Musser, White,
Bowles and Mayor Taylor-- 6.
(Council Member Bowers was absent.)
CELEBRATIONS (SPECIAL EVENTS): The Mayor advised
that the one year terms of Ms. Carol B. Dalhouse, Ms.
Mary E. Kepley, Ms. Virginia C. Nave and Messrs. James C.
Butler and Lex P. Gibson as members of the Special Events
Committee expired on June 30, 1991; that Ms. Nave has
declined to serve another term; and called for
nominations to fill the vacancies.
Mr. White placed in nomination the names of Ms.
Carol B. Dalhouse, Ms. Mary E. Kepley and Messrs.
James C. Butler and Lex P. Gibson.
There being no further nominations, Ms. Dalhouse,
Ms. Kepley and Messrs. Butler and Gibson were reelected
as members of the Special Events Committee for terms of
one year each, ending June 30, 1992, by the following
vote:
FOR MS. DALHOUSE, MS. KEPLEYANDMESSRS. BUTLER AND
GIBSON: Council Members Fitzpatrick, Harvey, Musser,
White, Bowles and Mayor Taylor--- 6.
(Council Me~ber Bowers was absent.)
RADIO/TELEVISION (ROANOKE VALLEY REGIONAL CABLE
TELEVISION COMMITTEE): The Mayor advised that Ordinance
No. 30478-42291, adopted by Council on Monday, April 22,
1991, provides for one or more non-exclusive franchises
to construct, operafe, and maintain one or more cable
television systems within the City of Roanoke; that
686
ACTION:
ACTION:
Section 11 of Ordinance No. 30478-42291 provides for
appointment of a Regional Cable Television Committee to
consist of a member of Council, the City Manager or his
designee, a representative of the School system, and a
citizen at-large to represent the City of Roanoke on a
regional committee composed of representatives of Roanoke
County and the Town of Ulnton; and called for nominations
to fill the vacancies.
Mr. Harvey placed in nomination.the na~es of Mr.
Howard E. Musser, as the Council representative; Mr.
Alfred Beckley, Jr., as the Citizen at Large; Ms.
M. Michelle Bono, as the City Manager's designee, and Mr.
David Baker, as the School Board representative.
There being no further nominations, Ms. Bono and
Messrs. Musser, Beckley and Baker were appointed as
representatives of the City of Roanoke to the Roanoke
Valley Regional Cable Television Committee, by the
following vote:
FOR MS. BONO ANDMESSRS. MUSSER, BECKLEY AND BAKER:
Council Members Fitzpatrick, Harvey, Musser, White,
Bowles and Mayor Taylor ......... 6.
(Council Member Bowers was absent.)
AIRPORT (ROANOKE REGIONAL AIRPORT COMMISSION): The
Mayor advised that the four year term of Mr. W. Robert
Herbert as a member of the Roanoke Regional Airport
Commission expired on March 9, 1991. and called ~n~
nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of
Mr. W. Robert Herbert.
There being no further nominations, Mr. Herbert was
reelected as a member of the Roanoke Regional Airport
Commission for a term of four years, ending March 9,
1995, by the following vote:
FOR MR. HERBERT: Council Members Fitzpatrick,
Harvey, Musser, White, Bowles and Mayor Taylor ........ 6.
(Council Member Bowers was absent.)
687
There being no further business, the Mayor declared
the meeting adjourned at 5:45 p.m.
APPROVED
ATTEST:
City Clerk